On October 29, 2015, the Centers for Medicare & Medicaid Services and the Office of Inspector General of the Department of Health & Human Services (jointly, the “Agencies”) issued a final rule (Final Rule) regarding waivers (ACO Waivers) of the Physician Self-Referral Law (Stark Law), the federal Anti-Kickback Statute (AKS), and the Civil Monetary Penalties Law (CMP) provision relating to beneficiary inducements (collectively, the “Fraud and Abuse Laws”) for Medicare accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP). The ACO Waivers, first set forth in an interim final rule in 2011 (Interim Rule), waive application of the Fraud and Abuse Laws to certain ACO activities that are reasonably related to the purposes of the MSSP.

The Final Rule implements the following ACO Waivers, which are consistent with the five waivers set forth in the Interim Rule,effective as of October 29, 2015: