**For presentation at the HAE Forum on May 9, 2013**
(Part of Session 1: 8:30 - 10:15 AM)
ACOs (Accountable Care Organizations) and their participation in the
Medicare Shared Savings Program (MSSP) are central to healthcare
reform as a means for improving health care while reducing costs.
Until such a time as particular legal concerns are expressed by the
exchange participants regarding ACOs, my intention is to speak about
the basic legal structure of the ACO and its operations. I will cover
things like legal structure, governance, and leadership of an ACO; I
will touch on the financial mechanisms, structures, and questions
under the proposed regulations for ACOs; and I will touch on the
antitrust and fraud and abuse legal issues raised by ACOs, as well as
the availability of waivers from prosecution under such laws.