On March 31, 2010 the following proposed rules and agency notices were issued regarding the formation and operation of Accountable Care Organizations under Section 3022 of the Affordable Care Act:

- ACO Proposed Rule - The Centers for Medicare and Medicaid Services (CMS) issued its ACO proposed rule (the “ACO Rule”) describing how ACOs must be organized and operated to qualify for sharing in any cost savings they achieve. Click here for the ACO Rule. For CMS’s Summary of the ACO Rule click here (see full alert below for link).

- Notice Regarding Proposed Waivers of Stark/Anti-Kickback/CMP Laws for ACOs - CMS and the Office of the Inspector General in the U.S. Department of Health and Human Services (the “OIG”) jointly issued a notice seeking public comment on proposed waivers for certain ACO payments under the federal Stark, Antikickback and Civil Monetary Penalties laws. The notice also solicits public comments on additional waivers that may be needed for a variety of transactions not addressed in these published proposals.

and links.