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Negotiating Accountable Care Organization Participation Agreements on Behalf of Long Term Care Facilities

February 01, 2015
As written in the AHLA LTC-SIR Advisor
By Todd C. Baumgartner, Partner, Corporate & Securities Practice Group

Accountable Care Organizations (ACOs), as defined in Section 3022 of the Affordable Care Act (ACA) and implemented by the Medicare Shared Savings Program regulations1, are organizations of hospitals or other health care organizations that have registered with the Centers for Medicare & Medicaid Services (CMS) to be held accountable for costs and quality care for certain patients. The provider organizations join the ACO for the opportunity to benefit from shared savings. Each ACO member is required to sign a participation agreement. Most of the negotiations regarding the participation agreements focus on the business terms of the percentage of the shared savings; however, this article focuses on the salient legal points of the participation agreement.
 
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