ContentsIntroduction and Ground Rules: The ABCs of Physician-OwnedACOs ixNotes xivAbout the Authors xv1 Accountable Care Organizations 1Health Insurance in America: A Brief History 3Medicare and Medicaid Insurance 4"A Broke and Broken System" 8ACA''s Attempt to Address Health Care Fiscal Crisis 10How ACA Accountable Care Organizations and SharedSavings Programs Should Help 12Accountable Care Organizations 13The Shared Savings Program 13Some Questions Remain with the Shared SavingsProgram 15Notes 162 ARRA/HITECH/HIPAA and the Business AssociateAgreement 19Overview 19The History of ARRA/HITECH/HIPAA 20What is a Business Associate Agreement? 21When Should a Business Associate Agreement BeUtilized in the Context of ACOs? 23Conclusion 26Notes 263 Federal and State "Fraud and Abuse" Laws andMedical Ethics 29The History of Fraud, Waste, and Abuse Laws 29Safe Harbors and Waivers of Fraud and Abuse Laws 32Reporting Requirements 34The Problem Presented by ACOs and "Shared Savings" Programs 35AMA Ethics Opinions May Complicate Matters 36AMA Opinion 8.0321--Physicians'' Self-Referral (FullText) 36AMA Ethics Opinion 8.051--Conflicts of Interestunder Capitation (Full Text) 38State Fraud and Abuse Laws 39Conclusion &.