"Accountable Care Organizations" and final rules
By Tim Darmafall, CPA
Accountable Care Organizations ("ACOs") are being created in order for health care providers to work together to treat an individual patient across care settings. This is in the hopes of creating savings through stronger preventative care measures and other items that will ultimately drive down the overall cost of health care. The Medicare Shared Savings Program will reward the `s that lower their growth in health care costs while meeting and maintaining performance standards on the quality of health care services provided. In order for the aforementioned to be possible, one must have the rules to play by and therefore the Affordable Care Act authorizes the Centers for Medicare and Medicaid Services to establish the program and implement the rules. After issuing proposed rules and allowing time for necessary feedback, the final rules for the Medicare Shared Savings Program were issued in late 2011. These rules have changed significantly based on the feedback provided from the proposed rules and have helped simplify the extremely complex set of rules that were originally proposed. The following highlights the final rules that were issued and how they differ from the proposed rules: Transition to Risk in Track One Under the proposed rule, all ACOs could choose one of two tracks each of which was subject to a three year agreement. Track one would consist of two years of one-sided shared savings and in the third year the ACO would be required to adopt a two-sided model of shared savings and losses. Track two would consist of the ACOs entire three year agreement falling under the two-sided shared savings and losses model. Under the final rule, the two-sided shared savings and losses model would be removed. However, there are still two tracks that would offer a higher sharing rate to those ACOs that were also willing to share in the losses. Prospective vs. Retrospective Under the proposed rule, there would be a retrospective assignment that was based on the utilization of primary care services and prospective identification of a benchmark population. Under the final rule, a preliminary prospective assignment method would be utilized with beneficiaries being identified on a quarterly basis. After each year, performance reconciliations would be performed on the patients that were served by each particular ACO. Proposed measures to assess quality Under the proposed rule, there would be 65 measures in five domains that entail patient experience care, utilization claims-based measures, and measures assessing process and outcomes. ACOs would also be paid in full for accurate reporting during the first year and then would be paid for performance based measures in the subsequent years. Under the final rule, the number of measures would be reduced to 33 measures in four domains. Over a three year agreement the first year the ACO would be paid for accurate reporting and then over the period of the second and third year the ACO would be paid for both reporting and performance. Sharing Savings Under the proposed rule, using the one-sided model sharing with ACOs would begin at savings of over two percent and using the two-sided model sharing would begin from the first dollar of savings. Under the final rule, sharing would begin on the first dollar of savings for both models once a minimum savings rate has been attained by the ACO. Sharing beneficiary ID claims data Under the proposed rule, claims data would only be shared for patients that had been seen by an ACO primary care physician during a given performance year and additionally patients ("beneficiaries") must be given the option to decline at the point of care. Under the final rule, the ACO will be provided quarterly lists from which they can contact patients to notify them of data sharing and grant them the option to decline. Eligible Entities Under the proposed rule, eligible entities consist of the four groups specified by the affordable care act and critical access hospitals paid through method II have the ability to form an ACO. Additionally, ACOs can be established beyond these providers through broad collaboration. Under the final rule, additional entities such as federally qualified health centers and rural health clinics are eligible to participate and form an ACO. However, these entities must provide a list of practitioners who provide primary care in their facilities in order for beneficiaries to be assigned on the utilization of primary care services. Start Date Under the proposed rule, each ACO must enter an agreement for three years that must be based on calendar years. Under the final rule, the program itself will be established on January 1, 2012 with the first round of ACOs beginning April 1 and July 1 of 2012 and will cover three periods. For the first round of ACOs, the ACOs will have the option to receive interim payments during the initial period, which will consist of 18 or 21 months, providing they report quality measures. For the second and third periods of the initial agreement, quality measure reporting is mandatory. Aggregate Reports and Preliminary Prospective List Under the proposed rule at the beginning of each performance year, reports would be provided that include: name, date of birth, sex and health insurance claim number. Under the final rule, in addition to the reports that would be provided at the beginning of each performance year, reports would also be provided by ACOs on a quarterly basis. Electronic Health Record (EHR) Use Under the proposed rule, it would be mandatory for ACOs to align themselves with EHR requirements meaning that 50% of primary care physicians must be defined as meaningful users by the start of the second performance year. Under the final rule, following the EHR requirements is no longer a condition of participation; however, the rule did retain EHR as a quality measure and weighted it higher than any other measure for quality-scoring purposes. Assignment Process Under the proposed rule, there was a one-step assignment process in which patients were assigned on the basis of allowed charges for primary care services rendered by primary care physicians. Under the final rule, a two-step process has been created. Step one is for patients who have received at least one primary care service from a primary care physician. If the patient has multiple primary care providers, the patient will be assigned to the ACO with the largest amount of allowed Medicare charges for primary care and preventative services. Step two is for patients who have not received any primary care services from a primary care physician but have received specialty care from one or more specialists that are part of an ACO. If there is just one specialist that the patient has received services from, the patient will fall into that specialist's ACO. If the patient has seen multiple specialists, the patient will be assigned to the ACO whose professionals account for the largest amount of allowed Medicare charges for primary care and preventative services. Right now the ACO program is completely voluntary. While the final rules are not as cumbersome as the original proposed rules, the information detailed above is a general summary and there is still a lot of data to comprehend and guidelines to be met. For more information regarding ACOs, please contact a member of UHY LLP's National Health Care Group in Farmington Hills (248) 355-1040 or Sterling Heights (586) 254-1040 or visit us on the Web at uhy-us.com. |