Medicare and Medicaid Programs; Application by the Accreditation Commission for Health Care for Continued Deeming Authority for Home Health Agencies, 49681-49683 [E8-18971]
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
Dutchess Hospital’s Designated OPO
is: New York Organ Donor Network, 132
West 31st Street, 11th Floor, New York,
NY 10001.
Methodist University Hospital of
Memphis, Tennessee has requested a
waiver in order to enter into an
agreement with a designated OPO other
than the OPO designated for the service
area in which the hospital is located.
Methodist University Hospital is
requesting a waiver to work with:
Tennessee Donor Services, 1600 Hayes
Street, Nashville, Tennessee 37203.
Methodist University Hospital’s
Designated OPO is: Mid-South
Transplant Foundation, Inc., 8001
Centerview Parkway, Suite 302,
Memphis, Tennessee 38018.
Le Bonheur Children’s Medical Center
of Memphis, Tennessee has requested a
waiver in order to enter into an
agreement with a designated OPO other
than the OPO designated for the service
area in which the hospital is located. Le
Bonheur Children’s Medical Center is
requesting a waiver to work with:
Tennessee Donor Services, 1600 Hayes
Street, Nashville, Tennessee 37203.
Methodist University Hospital’s
Designated OPO is: Mid-South
Transplant Foundation, Inc., 8001
Centerview Parkway, Suite 302,
Memphis, Tennessee 38018.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; Program No. 93.774, Medicare—
Supplementary Medical Insurance, and
Program No. 93.778, Medical Assistance
Program)
Dated: August 8, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–18970 Filed 8–21–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare and Medicaid
Services
[CMS–2899–PN]
Medicare and Medicaid Programs;
Application by the Accreditation
Commission for Health Care for
Continued Deeming Authority for
Home Health Agencies
Centers for Medicare and
Medicaid Services, HHS.
ACTION: Proposed notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This proposed notice
acknowledges the receipt of a deeming
application from the Accreditation
Commission for Health Care (ACHC) for
VerDate Aug<31>2005
17:12 Aug 21, 2008
Jkt 214001
continued recognition as a national
accrediting organization for home health
agencies (HHAs) that wish to participate
in the Medicare or Medicaid programs.
Section 1865(b)(3)(A) of the Social
Security Act (the Act) requires that
within 60 days of receipt of an
organization’s complete application, we
publish a notice that identifies the
national accrediting body making the
request, describes the nature of the
request, and provides at least a 30-day
public comment period.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. d.s.t. on September 21,
2008.
In commenting, please refer
to file code CMS–2899–PN. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the instructions for ‘‘Comment or
Submission’’ and enter the file code to
find the document accepting comments.
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–
2899–PN, P.O. Box 8013, Baltimore,
MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments (one
original and two copies) to the following
address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–
2899–PN, Mail Stop C4–26–05, 7500
Security Boulevard, Baltimore, MD
21244–1850.
4. By hand or courier. If you prefer,
you may deliver (by hand or courier)
your written comments (one original
and two copies) before the close of the
comment period to either of the
following addresses:
a. Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey (HHH) Building is
not readily available to persons without
Federal Government identification,
commenters are encouraged to leave
ADDRESSES:
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
49681
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. 7500 Security Boulevard, Baltimore,
MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
9994 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
For information on viewing public
comments, see the beginning of the
‘‘SUPPLEMENTARY INFORMATION’’ section.
FOR FURTHER INFORMATION CONTACT:
Lillian Williams, (410) 786–8636;
Patricia Chmielewski, (410) 786–6899.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–800–743–3951.
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services from a home health agency
(HHA) provided certain requirements
are met. Sections 1861(m) and (o), and
1891 of the Social Security Act (the Act)
authorize the Secretary to establish
distinct criteria for facilities seeking
designation as an HHA. Regulations
concerning provider agreements are at
42 CFR part 489 and those pertaining to
activities relating to the survey and
certification of facilities are at part 488.
The regulations at part 484 specify the
conditions that an HHA must meet in
order to participate in the Medicare
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22AUN1
49682
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
program, the scope of covered services
and the conditions for Medicare
payment for home health care.
Generally, in order to enter into an
agreement with the Medicare program,
an HHA must first be certified by a State
survey agency as complying with the
conditions or requirements set forth in
part 484. Thereafter, the HHA is subject
to regular surveys by a State survey
agency to determine whether it
continues to meet these requirements.
There is an alternative to surveys by
State agencies, which is accreditation.
Section 1865(b)(1) of the Act provides
that, if an HHA demonstrates through
accreditation by an approved national
accrediting organization that all
applicable Medicare conditions are met
or exceeded, we will deem those HHAs
as having met the requirements.
Accreditation by an accrediting
organization is voluntary and is not
required for Medicare participation.
If an accrediting organization is
recognized by the Secretary as having
standards for accreditation that meet or
exceed Medicare requirements, any
provider entity accredited by the
national accrediting body’s approved
program would be deemed to meet the
Medicare conditions. A national
accrediting organization applying for
deeming authority under part 488,
subpart A must provide us with
reasonable assurance that the
accrediting organization requires the
accredited provider entities to meet
requirements that are at least as
stringent as the Medicare conditions.
Our regulations concerning the
reapproval of accrediting organizations
are set forth at § 488.4 and § 488.8(d)(3).
Section 488.8(d)(3) requires accrediting
organizations to reapply for continued
deeming authority every 6 years or
sooner as determined by us.
In the February 24, 2006 Federal
Register (71 FR 9564), we published a
final notice announcing our decision to
approve the Accreditation Commission
for Health Care (ACHC) as a recognized
accreditation program for HHA’s.
ACHC’s term of approval expires
February 24, 2009.
II. Approval of Deeming Organizations
Section 1865(b)(2) of the Act and
§ 488.8(a) of the regulations require that
our findings concerning review and
reapproval of a national accrediting
organization’s requirements consider,
among other factors, the applying
accrediting organization’s:
Requirements for accreditation; survey
procedures; resources for conducting
required surveys; capacity to furnish
information for use in enforcement
activities; monitoring procedures for
VerDate Aug<31>2005
17:12 Aug 21, 2008
Jkt 214001
provider entities found not in
compliance with the conditions or
requirements; and ability to provide us
with the necessary data for validation.
Section 1865(b)(3)(A) of the Act
further requires that we publish, within
60 days of receipt of an organization’s
complete application, a notice
identifying the national accrediting
body making the request, describing the
nature of the request, and providing at
least a 30-day public comment period.
We have 210 days from the receipt of a
complete application to publish notice
of approval or denial of the application.
The purpose of this proposed notice
is to inform the public of ACHC’s
request for continued deeming authority
for HHAs. This notice also solicits
public comment on whether ACHC’s
requirements meet or exceed the
Medicare conditions of participation for
HHAs.
III. Evaluation of Deeming Authority
Request
ACHC submitted all the necessary
materials to enable us to make a
determination concerning its request for
reapproval as a deeming organization
for HHAs. This application was
determined to be complete on June 27,
2008. Under section 1865(b)(2) of the
Act and § 488.8 of the regulations
(Federal review of accrediting
organizations), our review and
evaluation of ACHC will be conducted
in accordance with, but not necessarily
limited to, the following factors:
• The equivalency of ACHC’s
standards for an HHA as compared with
CMS’s HHA conditions of participation.
• ACHC’s survey process to
determine the following:
++ The composition of the survey
team, surveyor qualifications, and the
ability of the organization to provide
continuing surveyor training.
++ The comparability of ACHC’s
processes to those of State agencies,
including survey frequency, and the
ability to investigate and respond
appropriately to complaints against
accredited facilities.
++ ACHC’s processes and procedures
for monitoring HHAs found out of
compliance with ACHC’s program
requirements. These monitoring
procedures are used only when ACHC
identifies noncompliance. If
noncompliance is identified through
validation reviews or complaint
surveys, the State survey agency
monitors corrections as specified at
§ 488.7(d).
++ ACHC’s capacity to report
deficiencies to the surveyed facilities
and respond to the facility’s plan of
correction in a timely manner.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
++ ACHC’s capacity to provide us
with electronic data and reports
necessary for effective validation and
assessment of the organization’s survey
process.
++ The adequacy of ACHC’s staff and
other resources, and its financial
viability.
++ ACHC’s capacity to adequately
fund required surveys.
++ ACHC’s policies with respect to
whether surveys are announced or
unannounced, to assure that surveys are
unannounced.
++ ACHC’s agreement to provide us
with a copy of the most current
accreditation survey together with any
other information related to the survey
as we may require (including corrective
action plans).
IV. Response to Public Comments and
Notice Upon Completion of Evaluation
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
Upon completion of our evaluation,
including evaluation of comments
received as a result of this notice, we
will publish a final notice in the Federal
Register announcing the result of our
evaluation.
V. Collection of Information
Requirements
This document does not impose
information collection and
recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 35 et seq. ).
VI. Regulatory Impact Statement
In accordance with the provisions of
Executive Order 12866 (September
1993, Regulatory Planning and Review,
the Regulatory Flexibility Act (RFA)
(September 19, 1980, Pub. L. 96–354),
the Office of Management and Budget
did not review this proposed notice.
In accordance with Executive Order
13132, we have determined that this
proposed notice would not have a
significant effect on the rights of States,
local or tribal governments.
Authority: Section 1865 of the Social
Security Act (42 U.S.C. 1395bb).
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
Program; No. 93.773 Medicare—Hospital
Insurance Program; and No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: August 7, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–18971 Filed 8–21–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–1405–N]
Medicare Program; Medicare Provider
Feedback Group Town Hall Meeting—
September 22, 2008
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
AGENCY:
jlentini on PROD1PC65 with NOTICES
SUMMARY: This notice announces the
annual Medicare Provider Feedback
Group (MPFG) Town Hall meeting. This
meeting is open to all Medicare fee-forservice (FFS) providers and suppliers
that participate in the Medicare
program, including physicians,
hospitals, home health agencies, thirdparty billers, and interested parties, to
present their individual views and
opinions on selected FFS Medicare
topics. In addition, we will be soliciting
input on how we can improve
communications to better serve the
Medicare providers and suppliers.
DATES: Meeting Date: The Town Hall
meeting announced in this notice will
be held on Monday, September 22, 2008
from 2 p.m. to 4 p.m. EDT.
ADDRESSES: Meeting Location: The
Town Hall meeting will be held in the
main auditorium of the central building
of the Centers for Medicare and
Medicaid Services, 7500 Security
Boulevard, Baltimore, MD 21244. The
meeting will also be available by
teleconference.
FOR FURTHER INFORMATION CONTACT:
Colette Shatto, (410) 786–6932. You
may also send inquiries about this
meeting via e-mail to
MFG@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Since 2005, CMS has held four
Medicare Provider Feedback Group
(MPFG) Town Hall meetings. The
purpose of these meetings is to capture
individual provider and supplier
feedback on relevant Fee-For-Service
VerDate Aug<31>2005
17:12 Aug 21, 2008
Jkt 214001
(FFS) Medicare policy and operational
issues. These meetings allow us to
further advance our efforts to strengthen
the Medicare program and enhance our
relationship with providers and
suppliers. The meetings also provide a
venue to allow us to continue a process
of communication with individual
providers and suppliers through the
following year.
II. Meeting Format and Agenda
The meeting will begin with an
overview of the goals and objectives of
the MPFG efforts to gather feedback
from individual Medicare providers and
suppliers. This meeting will be held onsite at CMS and by teleconference. The
meeting agenda and discussion
materials will be available to download
by September 19, 2008. These materials
can be located at https://
www.cms.hhs.gov/center/provider.asp.
The feedback provided during this
meeting will assist us as we evaluate
FFS Medicare policy, operational issues,
and CMS’ provider and supplier
communication activities. Topics to be
discussed include, but are not limited
to, 5010 (possible next version of
HIPAA standards for claims and other
transactions), Medicare Administrative
Contract Transitions, and Recovery
Auditing.
There will be a question and answer
session that offers meeting participants
an opportunity to provide feedback on
how CMS services physicians, providers
and suppliers, as well as make
suggestions on how this process can be
improved. Time for participants to ask
questions or provide feedback will be
limited according to the number of
registered participants; however, written
submissions will be accepted.
Individuals who wish to provide written
feedback should e-mail that feedback to
Colette Shatto at MFG@cms.hhs.gov.
Written feedback will be accepted
through September 30, 2008.
Consideration will be given to
feedback received on the topics
discussed at the meeting, but written
responses will not be provided. The
meeting is open to the public, but onsite attendance is limited to space
available. Registered participants from
the meeting will be included in the
MPFG and may be contacted throughout
the year for follow-up meetings to solicit
additional opinions or clarify any issues
that may arise from the September 22,
2008 meeting.
III. Registration Instructions
The Division of Provider Relations
and Evaluations, Provider
Communications Group, Center for
Medicare Management is coordinating
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Fmt 4703
Sfmt 4703
49683
the meeting registration. While there is
no registration fee, individuals,
providers, and suppliers must register to
participate both on-site and by
teleconference. Individuals must
complete the on-line registration located
at https://registration.intercall.com/go/
cms2.
The on-line registration system will
capture contact information and
practice characteristics (for example,
names, e-mail addresses, and provider,
and supplier types). Registration will be
open beginning August 29, 2008 and
will close on September 17, 2008.
Registration after 5 p.m. EDT on
September 17, 2008 will not be
accepted.
The on-line registration system will
generate a confirmation page to indicate
the completion of your registration.
Participants should print this page as
his or her registration receipt.
Teleconference instructions will be
issued as part of the confirmation page
once participants have registered
through the on-line registration
instrument. If seating capacity has been
reached for on-site participants,
notification will be sent that the meeting
has reached capacity; however, those
wishing to participate may still do so by
teleconference.
IV. Security, Building, and Parking
Guidelines
Because this meeting will be located
on Federal property, for security
reasons, any persons wishing to attend
this meeting must register by 5 p.m.
EDT on September 17, 2008. Individuals
who have not registered by the
registration deadline will not be allowed
to enter the building to attend the
meeting or attend the meeting by
teleconference. Seating capacity is
limited to the first 250 registrants.
The on-site check-in for visitors will
be held from 12:30 p.m. to 1:30 p.m.
EDT. Participants should allow
sufficient time to go through the
security checkpoints. It is suggested that
participants arrive at 7500 Security
Boulevard no later than 1:30 p.m. EDT
in order to arrive promptly at the
meeting by 2 p.m.
Security measures will include
inspection of vehicles, inside and out, at
the entrance to the grounds. In addition,
all persons entering the building must
pass through a metal detector. All items
brought to the building, whether
personal or for the purpose of
demonstration or to support a
presentation, are subject to inspection.
In order to gain access to the building,
participants will be required to show a
government-issued photo identification
(for example, driver’s license, or
E:\FR\FM\22AUN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49681-49683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18971]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
[CMS-2899-PN]
Medicare and Medicaid Programs; Application by the Accreditation
Commission for Health Care for Continued Deeming Authority for Home
Health Agencies
AGENCY: Centers for Medicare and Medicaid Services, HHS.
ACTION: Proposed notice.
-----------------------------------------------------------------------
SUMMARY: This proposed notice acknowledges the receipt of a deeming
application from the Accreditation Commission for Health Care (ACHC)
for continued recognition as a national accrediting organization for
home health agencies (HHAs) that wish to participate in the Medicare or
Medicaid programs. Section 1865(b)(3)(A) of the Social Security Act
(the Act) requires that within 60 days of receipt of an organization's
complete application, we publish a notice that identifies the national
accrediting body making the request, describes the nature of the
request, and provides at least a 30-day public comment period.
DATES: To be assured consideration, comments must be received at one of
the addresses provided below, no later than 5 p.m. d.s.t. on September
21, 2008.
ADDRESSES: In commenting, please refer to file code CMS-2899-PN.
Because of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
You may submit comments in one of four ways (please choose only one
of the ways listed):
1. Electronically. You may submit electronic comments on this
regulation to https://www.regulations.gov. Follow the instructions for
``Comment or Submission'' and enter the file code to find the document
accepting comments.
2. By regular mail. You may mail written comments (one original and
two copies) to the following address ONLY:
Centers for Medicare & Medicaid Services, Department of Health and
Human Services, Attention: CMS-2899-PN, P.O. Box 8013, Baltimore, MD
21244-8013.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments (one
original and two copies) to the following address ONLY:
Centers for Medicare & Medicaid Services, Department of Health and
Human Services, Attention: CMS-2899-PN, Mail Stop C4-26-05, 7500
Security Boulevard, Baltimore, MD 21244-1850.
4. By hand or courier. If you prefer, you may deliver (by hand or
courier) your written comments (one original and two copies) before the
close of the comment period to either of the following addresses:
a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue,
SW., Washington, DC 20201.
(Because access to the interior of the Hubert H. Humphrey (HHH)
Building is not readily available to persons without Federal Government
identification, commenters are encouraged to leave their comments in
the CMS drop slots located in the main lobby of the building. A stamp-
in clock is available for persons wishing to retain a proof of filing
by stamping in and retaining an extra copy of the comments being
filed.)
b. 7500 Security Boulevard, Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address,
please call telephone number (410) 786-9994 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment
period.
For information on viewing public comments, see the beginning of
the ``SUPPLEMENTARY INFORMATION'' section.
FOR FURTHER INFORMATION CONTACT: Lillian Williams, (410) 786-8636;
Patricia Chmielewski, (410) 786-6899.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All comments received before the
close of the comment period are available for viewing by the public,
including any personally identifiable or confidential business
information that is included in a comment. We post all comments
received before the close of the comment period on the following Web
site as soon as possible after they have been received: https://
www.regulations.gov. Follow the search instructions on that Web site to
view public comments.
Comments received timely will also be available for public
inspection as they are received, generally beginning approximately 3
weeks after publication of a document, at the headquarters of the
Centers for Medicare & Medicaid Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an appointment to view public comments,
phone 1-800-743-3951.
I. Background
Under the Medicare program, eligible beneficiaries may receive
covered services from a home health agency (HHA) provided certain
requirements are met. Sections 1861(m) and (o), and 1891 of the Social
Security Act (the Act) authorize the Secretary to establish distinct
criteria for facilities seeking designation as an HHA. Regulations
concerning provider agreements are at 42 CFR part 489 and those
pertaining to activities relating to the survey and certification of
facilities are at part 488. The regulations at part 484 specify the
conditions that an HHA must meet in order to participate in the
Medicare
[[Page 49682]]
program, the scope of covered services and the conditions for Medicare
payment for home health care.
Generally, in order to enter into an agreement with the Medicare
program, an HHA must first be certified by a State survey agency as
complying with the conditions or requirements set forth in part 484.
Thereafter, the HHA is subject to regular surveys by a State survey
agency to determine whether it continues to meet these requirements.
There is an alternative to surveys by State agencies, which is
accreditation.
Section 1865(b)(1) of the Act provides that, if an HHA demonstrates
through accreditation by an approved national accrediting organization
that all applicable Medicare conditions are met or exceeded, we will
deem those HHAs as having met the requirements. Accreditation by an
accrediting organization is voluntary and is not required for Medicare
participation.
If an accrediting organization is recognized by the Secretary as
having standards for accreditation that meet or exceed Medicare
requirements, any provider entity accredited by the national
accrediting body's approved program would be deemed to meet the
Medicare conditions. A national accrediting organization applying for
deeming authority under part 488, subpart A must provide us with
reasonable assurance that the accrediting organization requires the
accredited provider entities to meet requirements that are at least as
stringent as the Medicare conditions. Our regulations concerning the
reapproval of accrediting organizations are set forth at Sec. 488.4
and Sec. 488.8(d)(3). Section 488.8(d)(3) requires accrediting
organizations to reapply for continued deeming authority every 6 years
or sooner as determined by us.
In the February 24, 2006 Federal Register (71 FR 9564), we
published a final notice announcing our decision to approve the
Accreditation Commission for Health Care (ACHC) as a recognized
accreditation program for HHA's. ACHC's term of approval expires
February 24, 2009.
II. Approval of Deeming Organizations
Section 1865(b)(2) of the Act and Sec. 488.8(a) of the regulations
require that our findings concerning review and reapproval of a
national accrediting organization's requirements consider, among other
factors, the applying accrediting organization's: Requirements for
accreditation; survey procedures; resources for conducting required
surveys; capacity to furnish information for use in enforcement
activities; monitoring procedures for provider entities found not in
compliance with the conditions or requirements; and ability to provide
us with the necessary data for validation.
Section 1865(b)(3)(A) of the Act further requires that we publish,
within 60 days of receipt of an organization's complete application, a
notice identifying the national accrediting body making the request,
describing the nature of the request, and providing at least a 30-day
public comment period. We have 210 days from the receipt of a complete
application to publish notice of approval or denial of the application.
The purpose of this proposed notice is to inform the public of
ACHC's request for continued deeming authority for HHAs. This notice
also solicits public comment on whether ACHC's requirements meet or
exceed the Medicare conditions of participation for HHAs.
III. Evaluation of Deeming Authority Request
ACHC submitted all the necessary materials to enable us to make a
determination concerning its request for reapproval as a deeming
organization for HHAs. This application was determined to be complete
on June 27, 2008. Under section 1865(b)(2) of the Act and Sec. 488.8
of the regulations (Federal review of accrediting organizations), our
review and evaluation of ACHC will be conducted in accordance with, but
not necessarily limited to, the following factors:
The equivalency of ACHC's standards for an HHA as compared
with CMS's HHA conditions of participation.
ACHC's survey process to determine the following:
++ The composition of the survey team, surveyor qualifications, and
the ability of the organization to provide continuing surveyor
training.
++ The comparability of ACHC's processes to those of State
agencies, including survey frequency, and the ability to investigate
and respond appropriately to complaints against accredited facilities.
++ ACHC's processes and procedures for monitoring HHAs found out of
compliance with ACHC's program requirements. These monitoring
procedures are used only when ACHC identifies noncompliance. If
noncompliance is identified through validation reviews or complaint
surveys, the State survey agency monitors corrections as specified at
Sec. 488.7(d).
++ ACHC's capacity to report deficiencies to the surveyed
facilities and respond to the facility's plan of correction in a timely
manner.
++ ACHC's capacity to provide us with electronic data and reports
necessary for effective validation and assessment of the organization's
survey process.
++ The adequacy of ACHC's staff and other resources, and its
financial viability.
++ ACHC's capacity to adequately fund required surveys.
++ ACHC's policies with respect to whether surveys are announced or
unannounced, to assure that surveys are unannounced.
++ ACHC's agreement to provide us with a copy of the most current
accreditation survey together with any other information related to the
survey as we may require (including corrective action plans).
IV. Response to Public Comments and Notice Upon Completion of
Evaluation
Because of the large number of public comments we normally receive
on Federal Register documents, we are not able to acknowledge or
respond to them individually. We will consider all comments we receive
by the date and time specified in the DATES section of this preamble,
and, when we proceed with a subsequent document, we will respond to the
comments in the preamble to that document.
Upon completion of our evaluation, including evaluation of comments
received as a result of this notice, we will publish a final notice in
the Federal Register announcing the result of our evaluation.
V. Collection of Information Requirements
This document does not impose information collection and
recordkeeping requirements. Consequently, it need not be reviewed by
the Office of Management and Budget under the authority of the
Paperwork Reduction Act of 1995 (44 U.S.C. 35 et seq. ).
VI. Regulatory Impact Statement
In accordance with the provisions of Executive Order 12866
(September 1993, Regulatory Planning and Review, the Regulatory
Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), the Office
of Management and Budget did not review this proposed notice.
In accordance with Executive Order 13132, we have determined that
this proposed notice would not have a significant effect on the rights
of States, local or tribal governments.
Authority: Section 1865 of the Social Security Act (42 U.S.C.
1395bb).
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance
[[Page 49683]]
Program; No. 93.773 Medicare--Hospital Insurance Program; and No.
93.774, Medicare--Supplementary Medical Insurance Program)
Dated: August 7, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E8-18971 Filed 8-21-08; 8:45 am]
BILLING CODE 4120-01-P
