On March 31, 2011, the Centers for Medicare & Medicaid Services (CMS) and the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) issued the longawaited joint notice proposing regulatory waivers to encourage arrangements involving accountable care organizations (ACOs) formed in connection with the Medicare Shared Savings Program authorized by the Patient Protection and Affordable Care Act (ACA).

The formation of ACOs, including any corresponding waivers of fraud and abuse provisions, is an area that will receive considerable attention between now and when comments are due (currently expected to be May 30, 2011), as well as when CMS issues the ACO final rule.