Medicare Programs: Waiver Designs in Connection with Medicare Shared Savings Program and Innovation Center

"Section 1899(f) of the Social Security Act (of the Act), as
added by the Affordable Care Act (ACA) authorizes the Secretary to
waive certain fraud and abuse laws as necessary to carry out the
provisions of section 1899 of the Act (the Medicare Shared Savings
Program). This notice with comment period describes and solicits public
input regarding possible waivers of the application of the Physician
Self-Referral Law, the Federal anti-kickback statute, and certain civil
monetary penalties (CMP) law provisions to specified financial
arrangements involving accountable care organizations (ACOs) under the
Medicare Shared Savings Program. In addition, section 1115A(d)(1) of
the Act, as added by section 3021 of the ACA, authorizes the Secretary
to waive the same fraud and abuse laws, among others, as necessary
solely for the purposes of carrying out the provisions of section 1115A
of the Act with respect to the testing of certain innovative payment
and service delivery models by the Center for Medicare and Medicaid
Innovation. This notice with comment period also solicits public input
regarding that separate waiver authority." - 76 Fed. Reg. 19,655