The Centers for Medicare and Medicaid Services is considering a proposal to extend the non-risk timeframe for Medicare Shared Savings (MSSP).   

As part of proposed rule CMS-1752-P, eligible Accountable Care Organizations (ACOs) participating in the BASIC MSSP could elect to forgo automatic advancement along the glide path’s increasing levels of risk and potential reward for performance year (PY) 2022. Under this proposal, prior to the automatic advancement for PY 2022, an eligible ACO may elect to remain in the same level of the BASIC track's glide path in which it participated during PY 2021.    

For PY 2023, an ACO that elects this advancement deferral option would be automatically advanced to the level of the BASIC track's glide path in which it would have participated during PY 2023 if it had advanced automatically to the required level for PY 2022 (unless the ACO elects to advance more quickly before the start of PY 2023).  

This is the second time CMS has considered a risk “freeze” for ACO’s in MSSP. Due to the pandemic, eligible ACO’s were allowed to defer two-sided risk in MSSP PY 2021.  

CMS is accepting comments on rule 1752-P until June 28. A final decision is expected in July.