06. November 2011 · Comments Off · Categories: Health Law

Everybody has been digesting the new rules for ACO’s.  There is a lot to digest – it is a full meal.  That said, we now have an interim final rule allowing waivers for ACOs from the Stark (Federal Self-referral Law), and Anti-kickback law.  But nothing in life is that simple, and there are specific requirements that ACO’s must meet in order to “obtain” the waivers at all.  More will be said of these required aspects later, but my review of the landscape so far suggests that this is a bona fide way for ACO’s to allow hospitals and physicians to enter into arrangements with each other that previously were forbidden.  We will see.  By the way, bona fide is a term that CMS appears to enjoy in these new waiver rules.