(a) Close-out procedures. (1) An ACO whose participation agreement has expired or is terminated by CMS under Sec. 425.218 or by the ACO under Sec. 425.220 must implement close-out procedures including but not limited to the following issues in a form and manner and by a deadline specified by CMS:
(1) An ACO whose participation agreement has expired or is terminated by CMS under Sec. 425.218 or by the ACO under Sec. 425.220 must implement close-out procedures including but not limited to the following issues in a form and manner and by a deadline specified by CMS:
(i) Notice to ACO participants of termination.
(ii) Record retention.
(iii) Data sharing.
(iv) Quality reporting.
(v) Beneficiary continuity of care.
(2) ACOs that fail to complete close-out procedures in the form and manner and by the deadline specified by CMS will not be eligible to share in savings.
(b) Payment consequences of early termination. (1) An ACO whose participation agreement is terminated by the ACO under Sec. 425.220 is eligible to receive shared savings for the performance year during which the termination becomes effective only if--
(1) An ACO whose participation agreement is terminated by the ACO under Sec. 425.220 is eligible to receive shared savings for the performance year during which the termination becomes effective only if--
(i) CMS designates or approves an effective date of termination of December 31st of such performance year;
(ii) The ACO has completed all close-out procedures by the deadline specified by CMS; and
(iii) The ACO has satisfied the criteria for sharing in savings for the performance year.
(2) An ACO that terminates its participation agreement under Sec. 425.220 before December 31 of a performance year or whose participation agreement is terminated at any time by CMS under Sec. 425.218 is not eligible to receive shared savings for the performance year during which the termination becomes effective. [80 FR 32839, June 9, 2015]