As discussed in our August 16, 2018 blog post,
CMS Proposes Massive Changes to ACO Program – Pushing
Providers to Accept Downside Risk, on August 9, 2018, the
Centers for Medicare & Medicaid Services ("CMS")
published a proposed rule referred to as "Pathways to
Success" (the "Proposed Rule") to redesign the
Medicare Shared Savings Program ("MSSP" ). As proposed,
the redesign would require Accountable Care Organizations
("ACOs") to accept downside risk or shared losses sooner
than was originally scheduled under the then-current MSSP.
On December 21, 2018, CMS issued the final rule (the "Final
Rule") for the redesign of the MSSP. Most aspects of the
Proposed Rule were implemented in the Final Rule, including, for
example, the changes to the MSSP tracks. Under the new program
("New MSSP"), the new BASIC and ENHANCED glide tracks
replace Tracks 1+, 2, and 3 of the original MSSP. The BASIC track
allows eligible ACOs to begin under a one-sided risk model
