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Next Generation ACO Models: Legal and Operational Design Strategies
Friday, May 27, 2016, H20 Session (11:15-12:15 pm) Thomas N. Shorter, JD, FACHE Godfrey & Kahn, S.C. Madison, WI
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Outline The CMS Next Gen ACO Model I. Core Principles II. Scope
III. Legal Components IV. Operational Design Elements
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I. Core Principles Protect Original Medicare beneficiaries’ freedom of choice Engage beneficiaries in their care through benefit enhancements Create long-term financial sustainability
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I. Core Principles (cont’d)
Utilize prospectively-set benchmarks Reward quality; Reward improvement and attainment of efficiency; and Transition away from an ACO’s recent expenditures when setting and updating the benchmark.
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I. Core Principles (cont’d)
Mitigate fluctuations in aligned beneficiary populations Smooth cash flow by seeking alternative payment mechanisms Incentivize greater coordination of care
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Comprehensive ESRD Care
II. Scope Two-sided risk model Next Gen 21 participants: 7 from MSSP and 8 from the Pioneer Model 2 WI - based participants: Bellin Health DBA/Physician Partners and ThedaCare ACO Comprehensive ESRD Care Oncology Care Model
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III. Legal Components Legal Entity requirements
Governing Body structure, responsibilities, composition and control requirements Leadership and Management requirements
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IV. Operational Design Elements
Benchmark B. Risk Arrangements Increased Shared Risk 80% sharing rate (PY1-3) 85% sharing rate (PY4-5) 15% savings/losses cap Discount Full Performance Risk (100% Risk)
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IV. Operational Design Elements
Payment Mechanisms 1. Normal FFS Payment 2. Infrastructure Payments 3. Population Based Payments 4. Capitation Conceptual
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Infrastructure Payments Conceptual Diagram
All Other Medicare Providers CMS Next Generation Affiliates Next Generation Preferred Providers Next Generation Providers/Suppliers ACO Claim Claim Payment Per-beneficiary per- month
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IV. Operational Design Elements
D. Beneficiary Eligibility and Alignment Benefit Enhancement F. Quality and Performance G. Monitoring and Oversight
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V. Conclusion: Future Development
A. Evaluation B. Application Scoring & Selection C. Duration of Agreement(s) 1. Three performance periods for 2016 2. Two performance periods for 2017
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Thank You Thomas N. Shorter, JD, FACHE Godfrey & Kahn, S.C. One East Main Street, Suite 500 Madison WI (608)
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