The US
Department of Health and Human Services (HHS) proposed the initial set of guidelines for the establishment of ACOs under the Medicare Shared Savings Program (PPACA Section 3201) on March 31, 2011. These guidelines stipulate the necessary steps that physician, hospital and other health care provider groups must complete to become an ACO. Section 3022 of the
Patient Protection and Affordable Care Act (ACA) authorized the Center for Medicare and Medicaid Services (CMS) to create the Medicare Shared Savings program (MSSP), which allowed for the establishment of ACO contracts with Medicare by January 2012. ACA intended for the MSSP to promote "accountability for a patient population and coordinate[s] items and services under part A and B, and encourage[s] investment in infrastructure and redesigned care processes for high quality and efficient service delivery". The existence of the MSSP ensures that ACOs are a permanent option under Medicare. However, the specifics of ACO contracts are left to the discretion of the HHS Secretary, which allows the ACO design to evolve over time. The Medicare Shared Savings Program is a three-year program during which ACOs accept responsibility for the overall quality, cost and care of a defined group of Medicare Fee-For-Services (FFS) beneficiaries. Under the program, ACOs are accountable for a minimum of 5,000 beneficiaries. The provider network is required to include sufficient primary care physicians to serve its enrollees. The ACO must define processes to promote
evidence-based medicine and patient engagement, monitor and evaluate quality and cost measures, meet patient-centeredness criteria and coordinate care across the care continuum. Prior to applying to MSSP, an ACO must establish appropriate legal and governance structures, cooperative clinical and administrative systems and a shared savings distribution method. The ACO may not participate in other shared savings programs during the period it participates in the MSSP. An ACO may include professionals (e.g.,
Doctors of Medicine (M.D.) or
Doctors of Osteopathic Medicine (D.O.), physician assistants,
nurse practitioners, clinical nurse specialists) in group practice arrangements, networks of individual practices, partnerships or joint venture arrangements between hospitals and ACO professionals, hospitals employing ACO professionals, or other Medicare providers and suppliers as determined by the Secretary of Health and Human Services. On October 20, 2011, DHHS released the final MSSP regulations. The final regulations allowed for broader ACO governance structures, reduced the number of required quality measures and created more opportunities for savings while delaying risk bearing. Under the new regulations, providers' financial incentives were increased. Under the one-sided model, providers have the opportunity to engage in ACOs and any savings above 2% without any
financial risk throughout the three years. Under the two-sided model, providers will assume some financial risk but will be able to share in any savings that occur (no 2% benchmark before provider savings accrue). In addition, the quality measures required were reduced from 65 to 33, decreasing the monitoring that providers claimed was overwhelming. Community health centers and rural health clinics were also allowed to lead ACOs. The final regulations required ACOs to: • Become accountable for the quality, cost, and overall care of its Medicare fee-for-service beneficiaries • Enter into an agreement with the Secretary to participate in the program for three or more years • Establish a formal legal structure allowing the organization to receive and distribute payments for shared savings to participating providers of services and suppliers • Include sufficient primary care ACO professionals for its Medicare fee-for-service beneficiaries • Accept at least 5,000 beneficiaries • Provide the Secretary with such information as the Secretary determines necessary to support the assignment of Medicare fee-for-service beneficiaries, the implementation of quality and other reporting requirements and the determination of payments for shared savings • Establish a leadership and management structure that includes clinical and administrative systems • Define processes to promote evidence-based medicine and patient engagement; report on quality and cost measures; coordinate care, such as through the use of telehealth and remote patient monitoring • Demonstrate that it meets patient-centeredness criteria specified by the Secretary, such as the use of patient and caregiver assessments or the use of individualized care plans • Not participate in other Medicare shared savings programs • Take responsibility for distributing savings to participating entities • Establish a process for evaluating the health needs of the population it serves
Payment models CMS introduced the one-sided and two-sided payment model. Under the March 2011 proposal, ACOs that chose the one-sided model would participate in shared savings for the first two years and assumed shared losses in addition to the shared savings for the third year. VBP Levels 1, 2, & 3 describe the level of risk providers choose to share with the
Managed Care Organization. VBP risk levels allow providers to gradually increase the level of risk in their contracts. Levels of risk offer a flexible approach for providers in moving to VBP. Level 1 VBP: FFS with upside-only shared savings available when outcome scores are sufficient. Has only an upside. Receives FFS Payments. Level 2 VBP: FFS with risk-sharing (upside available when outcome scores are sufficient). Has upside and downside risk. Receives FFS Payments. Level 3 VBP (feasible after experience with Level 2; requires mature contractors): Prospective capitation PMPM or Bundle (with outcome-based component). Has upside and downside risk. Prospective total budget payments.
Quality measures CMS established five domains in which to evaluate an ACO's performance. The five domains are "patient/caregiver experience, care coordination, patient safety, preventative health, and at-risk population/frail elderly health". == Stakeholders ==