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Statutory Basis for the Shared Savings Program

On March 23, 2010, the Patient Protection and Affordable Care Act (Pub.L. 111-148)  was enacted. Following the enactment of Pub. L. 111-148, the Health Care and Education Reconciliation Act of 2010 (Pub.L. 111-152) (enacted on March 30, 2010), amended certain provisions of Pub. L. 111-148. These public laws are collectively known as the Affordable Care Act. 

Section 3022. Medicare Shared Saving Program (Shared Savings Program) of the Affordable Care Act amended Title XVIII of the Social Security Act (the Act) (42 U.S.C 1395 et seq.) by adding at the end the new section  "Shared Savings Program"  Section 1899 to the Act.

Notices and Guidance

Final Rule Published in the Federal Register on November 2, 2011

Proposed Rule Published in the Federal Register on April 7, 2011

  • Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations - [Text version] [PDF version]
  • Medicare Program; Waiver Designs in Connection with the Medicare Shared Savings Program and the Innovation Center - [Text version] [PDF version]
  • The Federal Trade Commission (FTC) Antitrust Division of the Department of Justice (DOJ)   Proposed Antitrust Enforcement Policy Statement  Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program

IRS Guidance and Solicitation of Comments