Re-entering ACO means an ACO that does not meet the definition of a renewing ACO and meets either of the following conditions:
(1) Is the same legal entity as an ACO, as defined in this section, that previously participated in the program and is applying to participate in the program after a break in participation, because it is either -
(i) An ACO whose participation agreement expired without having been renewed; or
(ii) An ACO whose participation agreement was terminated under § 425.218 or § 425.220.
(2) Is a new legal entity that has never participated in the Shared Savings Program and is applying to participate in the program and more than 50 percent of its ACO participants were included on the ACO participant list under § 425.118, of the same ACO in any of the 5 most recent performance years prior to the agreement start date.
42 CFR § 425.20
As used in this part, unless otherwise indicated -