42 CFR §425.100

1. (a)Under the Shared Savings Program, ACO participants may work together to manage and coordinate care for Medicare fee-for-service beneficiaries through an ACO that meets the criteria specified in this part. The ACO must become accountable for the quality, cost, and overall care of the Medicare fee-for-service beneficiaries assigned to the ACO.
2. (b)An ACO is eligible to receive payments for shared savings under subpart G of this part if all of the following conditions are met:
   1. (1)The ACO meets or exceeds the applicable minimum savings rate established under §§ 425.604, 425.605 (except as provided under § 425.605(h)), 425.606, 425.609, or 425.610.
   2. (2)The ACO meets the minimum quality performance standards established under § 425.500 (for performance years or a performance period beginning on or before January 1, 2020), or under the quality performance standard established under § 425.512 (for performance years beginning on or after January 1, 2021).
   3. (3)The ACO otherwise maintains its eligibility to participate in the Shared Savings Program under this part.
3. (c)ACOs that operate under a two-sided model and meet or exceed a minimum loss rate established under § 425.605, § 425.606, § 425.609 or § 425.610 must share losses with the Medicare program under subpart G of the part.
4. (d)An ACO is eligible to receive advance investment payments if it meets the criteria under § 425.630(b).
5. (e)An ACO is eligible to receive prepaid shared savings if it meets the criteria under § 425.640(b).