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of this proposed rule, for agreement periods beginning on January 1, 2024, and in subsequent years, in computing an ACO's historical benchmark, CMS determines the per capita Parts A and B fee-for-service expenditures for beneficiaries that would have been assigned to the ACO in any of the 3 most recent years prior to the start of the agreement period using the ACO participant TINs identified before the start of the agreement period as required under 425.118(a) and the beneficiary assignment methodology selected by the ACO for the first performance year of the agreement period as required under 425.400(a)(4)(ii)

CMS proposes in 428.401(d)(2)(ii) that for a circumstance in which a manufacturer misreports data, CMS is not bound by the 5-year time limit for revision of the rebate amount

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For example, the cleaning and disinfecting endoscope pack (SA042) is included as a supply input in more than 300 HCPCS codes, which could have a sizable impact on the overall valuation of these services, and which was not incorporated into the proposed RVUs published for the CY 2024 proposed rule