COMMENTARY

8 Ways That ACOs Can Increase Your Malpractice Risk

Brian S. Kern, Esq.

Disclosures

September 09, 2011

In This Article

Conclusion

ACOs may have a significant impact on professional liability. The proposed regulations offer virtually no protection to physicians who participate in this shared savings program, despite holding them to the highest standards.

At a minimum, CMS should protect certain applications, attestations, and internal data from being discoverable in a medical malpractice lawsuit. This should encourage a more honest and free-flowing exchange of ideas and information. Without these protections, physicians should devote significant efforts to understanding all of the professional liability implications of joining an ACO prior to signing on to one.

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