Medicare and Medicaid Programs; Approval of the Joint Commission for Continued Deeming Authority for Hospices, 13439-13441 [E9-6775]
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
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timeframe. CLIA regulations do not have
this requirement.
H. Subpart R—Enforcement Procedures
The CAP meets the requirements of
subpart R to the extent that they apply
to accreditation organizations. The CAP
policy stipulates the actions it takes
when laboratories it accredits do not
comply with its requirements and
standards for accreditation. As
demonstrated during its first two
periods of approval, the CAP denies
accreditation to a laboratory when
appropriate, and reports the denial to
CMS within 30 days. The CAP also
provides an appeal process for
laboratories that have had accreditation
denied.
Some specific actions the CAP takes
in response to non-compliance or
violation of its requirements or
standards for accreditation include:
—The enrollment monitoring process
runs continuously throughout the
year. When no enrollment data or
incomplete enrollment data are
received based on the laboratory’s test
menu, letters are sent notifying the
laboratory of its missing enrollments.
If no enrollment is found after 60
days, the laboratory is sent a ‘‘cease
testing’’ letter for the analytes not
properly enrolled in PT.
—For all analytes listed in subpart I that
the CAP accredited laboratories
perform, the CAP technical staff
reviews such testing to verify two
previous PT performances, reviews
PT evaluation to detect trends and
repeats failures, contacts the
laboratory to alert them if the status
is critical, and issues cease testing
letters when appropriate.
—When an accredited laboratory has
unsatisfactory performance, a letter is
sent instructing it to investigate and
document the cause of the erroneous
result and the corrective actions it
takes to prevent recurrence.
—When there is an initial unsuccessful
performance, the laboratory may
either provide documentation of
investigation and corrective action or
the laboratory is given the option to
voluntarily cease testing the
unsuccessful analyte(s).
—If the laboratory indicates it will
permanently cease testing of a noninitial unsuccessful PT performance,
the activity is removed from the
laboratory’s test menu. If the
laboratory wishes to resume testing at
a later date, it must successfully
perform two consecutive reinstatement PT testing events.
—When the CAP becomes aware of a
problem in an accredited laboratory
that is so severe and extensive that it
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17:13 Mar 26, 2009
Jkt 217001
could cause a serious risk of harm (an
immediate jeopardy situation), an
expedited evaluation is immediately
undertaken by the Chair and Vice
Chair of the Accreditation Committee,
the Regional Commissioner and the
Director of the Laboratory
Accreditation Program. If it is
determined that an immediate
jeopardy situation exists, the
laboratory is required to remove the
jeopardy situation immediately or
accreditation would be revoked and
reported to CMS. An on-site focused
re-inspection may be performed to
verify that the immediate jeopardy no
longer exists. These actions are
similar to CMS actions for immediate
jeopardy.
—The CAP requires its accredited
laboratories to correct all deficiencies
within 30 days. CLIA deficiencies that
are not condition level must be
corrected in a timeframe that is
acceptable to CMS, but no longer than
12 months. CLIA deficiencies that are
condition level that are not
considered immediate jeopardy must
be corrected in an acceptable
timeframe; however, CMS may
impose one or more alternate
sanctions or a principal sanction to
motivate laboratories to correct these
deficiencies. The CAP timeframe for
correction of deficiencies, when taken
as a whole, is more stringent than
CLIA.
We have determined that the CAP’s
laboratory enforcement and policies are
equivalent to the requirements of this
subpart as they apply to accreditation
organizations.
IV. Federal Validation Inspections and
Continuing Oversight
The Federal validation inspections of
laboratories accredited by the CAP may
be conducted on a representative
sample basis or in response to
substantial allegations of
noncompliance (that is, complaint
inspections). The outcome of those
validation inspections, performed by
CMS or our agents, the State survey
agencies, will be our principal means
for verifying that the laboratories
accredited by CAP remain in
compliance with CLIA requirements.
This Federal monitoring is an ongoing
process.
V. Removal of Approval as an
Accrediting Organization
Our regulations provide that we may
rescind the approval of an accreditation
organization, such as that of the CAP,
for cause, before the end of the effective
date of approval. If we determine that
PO 00000
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Fmt 4703
Sfmt 4703
13439
the CAP has failed to adopt, maintain
and enforce requirements that are equal
to, or more stringent than, the CLIA
requirements, or that systemic problems
exist in its monitoring, inspection or
enforcement processes, we may impose
a probationary period, not to exceed 1
year, in which the CAP would be
allowed to address any identified issues.
Should the CAP be unable to address
the identified issues within that time
frame, CMS may, in accordance with the
applicable regulations, revoke CAP’s
deeming authority under CLIA.
Should circumstances result in our
withdrawal of the CAP’s approval, we
will publish a notice in the Federal
Register explaining the basis for
removing its approval.
VI. Collection of Information
Requirements
This notice does not impose any
information collection and record
keeping requirements subject to the
Paperwork Reduction Act (PRA).
Consequently, it does not need to be
reviewed by the Office of Management
and Budget (OMB) under the authority
of the PRA. The requirements associated
with the accreditation process for
clinical laboratories under the Clinical
Laboratory Improvement Amendments
of 1988 (CLIA) program, and the
implementing regulations in 42 CFR
part 493, subpart E, are currently
approved under OMB control number
0938–0686.
Authority: Section 353(p) of the Public
Health Service Act (42 U.S.C. 263a).
Dated: February 26, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E9–6903 Filed 3–26–09; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–2294–FN]
Medicare and Medicaid Programs;
Approval of the Joint Commission for
Continued Deeming Authority for
Hospices
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final notice.
SUMMARY: This final notice announces
the approval of a deeming application
from the Joint Commission for
continued recognition as a national
E:\FR\FM\27MRN1.SGM
27MRN1
13440
Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
accreditation program for hospices that
request participation in the Medicare or
Medicaid programs.
EFFECTIVE DATE: This final notice is
effective June 18, 2009 through June 18,
2015.
FOR FURTHER INFORMATION CONTACT:
Alexis Prete, (410) 786–0375.
Patricia Chmielewski, (410) 786–6899.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services in a hospice provided certain
requirements are met. Section
1861(dd)(1) of the Social Security Act
(the Act) establishes distinct criteria for
facilities seeking designation as a
hospice program. Under this authority,
the regulations at 42 CFR part 418
specify the conditions that a hospice
must meet in order to participate in the
Medicare program, the scope of covered
services, and the conditions for
Medicare payment for hospice care.
Provider agreement regulations are
located in 42 CFR part 489 and
regulations pertaining to the survey and
certification of facilities are located in
42 CFR part 488.
Generally, in order to enter into an
agreement, a hospice facility must first
be certified by a State survey agency as
complying with the conditions or
requirements set forth in part 418 of our
regulations. Then, the hospice is subject
to regular surveys by a State survey
agency to determine whether it
continues to meet these requirements.
There is an alternative, however, to
surveys by State agencies.
Section 1865(a)(1) of the Act (as
redesignated under section 125 of the
Medicare Improvements for Patients and
Providers Act of 2008 (MIPPA) (Pub. L.
110–275)) provides that, if a provider
entity demonstrates through
accreditation by an approved national
accreditation organization that all
applicable Medicare conditions are met
or exceeded, we would ‘‘deem’’ those
provider entities as having met the
requirements. (We note that section 125
of MIPPA redesignated subsections (b)
and (e) of subsection 1865 of the Act as
(a) and (d) respectively.) Accreditation
by an accreditation organization is
voluntary and is not required for
Medicare participation.
If an accreditation 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
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17:13 Mar 26, 2009
Jkt 217001
accreditation organization applying for
approval of deeming authority under
part 488, subpart A must provide us
with reasonable assurance that the
accreditation organization requires the
accredited provider entities to meet
requirements that are at least as
stringent as the Medicare conditions.
Our regulations concerning reapproval
of accrediting organizations are set forth
at § 488.4 and § 488.8(d)(3). The
regulations at § 488.8(d)(3) require
accreditation organizations to reapply
for continued approval of deeming
authority every 6 years or sooner as
determined by CMS. The Joint
Commission’s term of approval as a
recognized accreditation program for
Hospice facilities expires June 18, 2009.
II. Deeming Applications Approval
Process
Section 1865(a)(3)(A) of the Act
provides a statutory timetable to ensure
that our review of deeming applications
is conducted in a timely manner. The
Act provides us with 210 calendar days
after the date of receipt of an application
to complete our survey activities and
application review process. Within 60
days of receiving a completed
application, we must publish a notice in
the Federal Register that identifies the
national accreditation body making the
request, describes the request, and
provides no less than a 30 day public
comment period. At the end of the 210day period, we must publish a notice in
the Federal Register of our approval or
denial of the application.
III. Proposed Notice
On November 28, 2008 we published
a proposed notice (73 FR 72487)
announcing the Joint Commission’s
request for reapproval as a deeming
organization for hospices. In this notice
we specified in detail our evaluation
criteria. Under section 1865(a)(2) of the
Act and in our regulations at § 488.4
(Application and reapplication
procedures for accreditation
organizations), we conducted a review
of the Joint Commission’s application in
accordance with the criteria specified in
our regulation, which include, but are
not limited to the following:
• An onsite administrative review of
the Joint Commissions—(1) corporate
policies; (2) financial and human
resources available to accomplish the
proposed surveys; (3) procedures for
training, monitoring, and evaluation of
its surveyor; (4) ability to investigate
and respond appropriately to
complaints against accredited facilities;
and (5) survey review and decisionmaking process for accreditation.
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Fmt 4703
Sfmt 4703
• A comparison of the Joint
Commission’s hospice accreditation
standards to our current Medicare
conditions for participation.
• A documentation review of the
Joint Commission’s survey processes to:
• Determine the composition of the
survey team, surveyor qualifications,
and the ability of the Joint Commission
to provide continuing surveyor training.
• Compare the Joint Commission’s
processes to that of State survey
agencies, including survey frequency,
and the ability to investigate and
respond appropriately to complaints
against accredited facilities.
• Evaluate the Joint Commission’s
procedures for monitoring providers or
suppliers found to be out of compliance
with the Joint Commission program
requirements. The monitoring
procedures are used only with the Joint
Commission identifies noncompliance.
If noncompliance is identified through
validation reviews, the survey agency
monitors corrections as specified at
§ 488.7(d).
• Assess the Joint Commission’s
ability to report deficiencies to the
surveyed facilities and respond to the
facility’s plan of correction in a timely
manner.
• Establish the Joint Commission’s
ability to provide us with electronic
data and reports necessary for effective
validation and assessment of the Joint
Commission’s survey process.
• Determine the adequacy of staff and
other resources.
• Review the Joint Commission’s
ability to provide adequate funding for
performing required surveys.
• Confirm the Joint Commission’s
policies with respect to whether surveys
are announced or unannounced.
• Obtain the Joint Commission’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.
In accordance with section
1865(a)(3)(A) of the Act, the November
28, 2008 proposed notice (73 FR 72487)
also solicited public comments
regarding whether the Joint
Commission’s requirements met or
exceeded the Medicare conditions of
participation for hospices. We received
no public comments in response to our
proposed notice.
IV. Provisions of the Final Notice
A. Differences Between the Joint
Commission Standards and
Requirements and Medicare’s
Conditions and Survey Requirements
We compared the standards contained
in the Joint Commission’s
E:\FR\FM\27MRN1.SGM
27MRN1
Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
‘‘Comprehensive Accreditation Manual
for Home Care’’ (CAMHC) and its survey
process in the ‘‘Surveyor Activity
Guide’’ with the Medicare hospice
conditions for participation and our
State Operations Manual (SOM). Our
review and evaluation of the Joint
Commission’s deeming application,
which were conducted as described in
section III of this notice yielded the
following:
• On June 5, 2008, CMS published a
final rule (73 FR 32088) that revised the
existing conditions of participation that
hospices must meet to participate in the
Medicare and Medicaid Program. In
accordance with the regulations at
§ 488.4(a)(3)(iv), the Joint Commission
updated and revised their standards and
survey procedures to meet the Medicare
requirements.
• To meet the Medicare requirements
at section 2728 of the SOM, the Joint
Commission modified its policies for
posting the deemed status survey results
within 10 days onto its extranet site.
• The Joint Commission will conduct
all for-cause surveys on an
unannounced basis.
• The Joint Commission modified its
executive summary statement to clearly
indicate that providers must meet all
accreditation standards in order to be
recommended for deemed status.
B. Term of Approval
Based on the review and observations
described in section III of this final
notice, we have determined that the
Joint Commission’s requirements for
hospices meet or exceed our
requirements. Therefore, we recognize
the Joint Commission as a national
accreditation organization for hospices
that request participation in the
Medicare program, effective June 18,
2009 through June 18, 2015.
V. Collection of Information
Requirements
mstockstill on PROD1PC66 with NOTICES
This final notice does not impose any
information collection and record
keeping requirements. Consequently, it
does not need to be reviewed by the
Office of Management and Budget
(OMB) under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 35).
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program; No. 93.773 Medicare—Hospital
Insurance Program; and No. 93.774,
Medicare—Supplemental Medical Insurance
Program)
VerDate Nov<24>2008
17:13 Mar 26, 2009
Jkt 217001
Dated: March 4, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E9–6775 Filed 3–26–09; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–3212–N]
Medicare Program; Request for
Nominations for Members for the
Medicare Evidence Development &
Coverage Advisory Committee
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
SUMMARY: This notice announces a
request for nominations for
consideration for membership on the
Medicare Evidence Development &
Coverage Advisory Committee
(MEDCAC). Among other things, the
MEDCAC advises the Secretary of the
Department of Health and Human
Services (the Secretary) and the
Administrator of the Centers for
Medicare & Medicaid Services on
whether medical items and services are
‘‘reasonable and necessary’’ and
therefore eligible for coverage under
Title XVIII of the Social Security Act.
We are requesting nominations for
both voting and nonvoting members to
serve on the MEDCAC. Nominees are
selected based upon their individual
qualifications and not as representatives
of professional associations or societies.
We have a special interest in ensuring
that women, minority groups, and
physically challenged individuals are
adequately represented on the
MEDCAC. Therefore, we encourage
nominations of qualified candidates
from these groups.
The MEDCAC reviews and evaluates
medical literature, reviews technology
assessments, and examines data and
information on the effectiveness and
appropriateness of medical items and
services that are covered or eligible for
coverage under Medicare.
DATES: Nominations for membership
will be considered if postmarked by
April 27, 2009 and mailed to the contact
person specified in the FOR FURTHER
INFORMATION CONTACT section of this
notice to the designated address, as
provided in the ADDRESSES section of
this notice.
ADDRESSES: You may mail nominations
for membership to the following:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
13441
Attention: Maria Ellis, Office of Clinical
Standards and Quality, Centers for
Medicare & Medicaid Services, 7500
Security Boulevard, Mail Stop: C1–09–
06, Baltimore, MD 21244–1850.
FOR FURTHER INFORMATION CONTACT:
Maria Ellis, Executive Secretary for
MEDCAC, Centers for Medicare &
Medicaid Services OCSQ—Coverage
and Analysis Group, Mailstop: C1–09–
06, 7500 Security Boulevard, Baltimore,
MD 21244, or contact Ms. Ellis by phone
at 410–786–0309; or via e-mail at
Maria.Ellis@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 1998, we published
a notice in the Federal Register (63 FR
68780) announcing establishment of the
Medicare Coverage Advisory Committee
(MCAC). The Secretary signed the initial
charter for the Medicare Coverage
Advisory Committee on November 24,
1998. On January 26, 2007 the Secretary
published a notice in the Federal
Register (72FR 3853), changing the
Committee’s name to the Medicare
Evidence Development and Coverage
Advisory Committee (MEDCAC). The
charter for the committee was renewed
by the Secretary and will terminate on
November 24, 2010, unless renewed
again by the Secretary.
The MEDCAC is governed by
provisions of the Federal Advisory
Committee Act, Public Law 92–463, as
amended (5 U.S.C. App. 2), which sets
forth standards for the formulation and
use of advisory committees, and is
authorized by section 222 of the Public
Health Service Act as amended (42
U.S.C. 217a).
The MEDCAC consists of a pool of
100 appointed members including: 6
patient advocates, who are standard
voting members, and 6 representatives
of industry interests, who are nonvoting
members. Members are selected from
among authorities in clinical medicine
of all specialties, administrative
medicine, public health, biologic and
physical sciences, health care data and
information management and analysis,
patient advocacy, the economics of
health care, medical ethics, and other
related professions such as
epidemiology and biostatistics, and
methodology of trial design.
The MEDCAC functions on a
committee basis. The Committee
reviews and evaluates medical
literature, reviews technology
assessments, and examines data and
information on the effectiveness and
appropriateness of medical items and
services that are covered or eligible for
coverage under Medicare. The
E:\FR\FM\27MRN1.SGM
27MRN1
Agencies
[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13439-13441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6775]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-2294-FN]
Medicare and Medicaid Programs; Approval of the Joint Commission
for Continued Deeming Authority for Hospices
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final notice.
-----------------------------------------------------------------------
SUMMARY: This final notice announces the approval of a deeming
application from the Joint Commission for continued recognition as a
national
[[Page 13440]]
accreditation program for hospices that request participation in the
Medicare or Medicaid programs.
EFFECTIVE DATE: This final notice is effective June 18, 2009 through
June 18, 2015.
FOR FURTHER INFORMATION CONTACT:
Alexis Prete, (410) 786-0375.
Patricia Chmielewski, (410) 786-6899.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Medicare program, eligible beneficiaries may receive
covered services in a hospice provided certain requirements are met.
Section 1861(dd)(1) of the Social Security Act (the Act) establishes
distinct criteria for facilities seeking designation as a hospice
program. Under this authority, the regulations at 42 CFR part 418
specify the conditions that a hospice must meet in order to participate
in the Medicare program, the scope of covered services, and the
conditions for Medicare payment for hospice care. Provider agreement
regulations are located in 42 CFR part 489 and regulations pertaining
to the survey and certification of facilities are located in 42 CFR
part 488.
Generally, in order to enter into an agreement, a hospice facility
must first be certified by a State survey agency as complying with the
conditions or requirements set forth in part 418 of our regulations.
Then, the hospice is subject to regular surveys by a State survey
agency to determine whether it continues to meet these requirements.
There is an alternative, however, to surveys by State agencies.
Section 1865(a)(1) of the Act (as redesignated under section 125 of
the Medicare Improvements for Patients and Providers Act of 2008
(MIPPA) (Pub. L. 110-275)) provides that, if a provider entity
demonstrates through accreditation by an approved national
accreditation organization that all applicable Medicare conditions are
met or exceeded, we would ``deem'' those provider entities as having
met the requirements. (We note that section 125 of MIPPA redesignated
subsections (b) and (e) of subsection 1865 of the Act as (a) and (d)
respectively.) Accreditation by an accreditation organization is
voluntary and is not required for Medicare participation.
If an accreditation 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 accreditation organization applying for
approval of deeming authority under part 488, subpart A must provide us
with reasonable assurance that the accreditation organization requires
the accredited provider entities to meet requirements that are at least
as stringent as the Medicare conditions. Our regulations concerning
reapproval of accrediting organizations are set forth at Sec. 488.4
and Sec. 488.8(d)(3). The regulations at Sec. 488.8(d)(3) require
accreditation organizations to reapply for continued approval of
deeming authority every 6 years or sooner as determined by CMS. The
Joint Commission's term of approval as a recognized accreditation
program for Hospice facilities expires June 18, 2009.
II. Deeming Applications Approval Process
Section 1865(a)(3)(A) of the Act provides a statutory timetable to
ensure that our review of deeming applications is conducted in a timely
manner. The Act provides us with 210 calendar days after the date of
receipt of an application to complete our survey activities and
application review process. Within 60 days of receiving a completed
application, we must publish a notice in the Federal Register that
identifies the national accreditation body making the request,
describes the request, and provides no less than a 30 day public
comment period. At the end of the 210-day period, we must publish a
notice in the Federal Register of our approval or denial of the
application.
III. Proposed Notice
On November 28, 2008 we published a proposed notice (73 FR 72487)
announcing the Joint Commission's request for reapproval as a deeming
organization for hospices. In this notice we specified in detail our
evaluation criteria. Under section 1865(a)(2) of the Act and in our
regulations at Sec. 488.4 (Application and reapplication procedures
for accreditation organizations), we conducted a review of the Joint
Commission's application in accordance with the criteria specified in
our regulation, which include, but are not limited to the following:
An onsite administrative review of the Joint Commissions--
(1) corporate policies; (2) financial and human resources available to
accomplish the proposed surveys; (3) procedures for training,
monitoring, and evaluation of its surveyor; (4) ability to investigate
and respond appropriately to complaints against accredited facilities;
and (5) survey review and decision-making process for accreditation.
A comparison of the Joint Commission's hospice
accreditation standards to our current Medicare conditions for
participation.
A documentation review of the Joint Commission's survey
processes to:
Determine the composition of the survey team, surveyor
qualifications, and the ability of the Joint Commission to provide
continuing surveyor training.
Compare the Joint Commission's processes to that of State
survey agencies, including survey frequency, and the ability to
investigate and respond appropriately to complaints against accredited
facilities.
Evaluate the Joint Commission's procedures for monitoring
providers or suppliers found to be out of compliance with the Joint
Commission program requirements. The monitoring procedures are used
only with the Joint Commission identifies noncompliance. If
noncompliance is identified through validation reviews, the survey
agency monitors corrections as specified at Sec. 488.7(d).
Assess the Joint Commission's ability to report
deficiencies to the surveyed facilities and respond to the facility's
plan of correction in a timely manner.
Establish the Joint Commission's ability to provide us
with electronic data and reports necessary for effective validation and
assessment of the Joint Commission's survey process.
Determine the adequacy of staff and other resources.
Review the Joint Commission's ability to provide adequate
funding for performing required surveys.
Confirm the Joint Commission's policies with respect to
whether surveys are announced or unannounced.
Obtain the Joint Commission'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.
In accordance with section 1865(a)(3)(A) of the Act, the November
28, 2008 proposed notice (73 FR 72487) also solicited public comments
regarding whether the Joint Commission's requirements met or exceeded
the Medicare conditions of participation for hospices. We received no
public comments in response to our proposed notice.
IV. Provisions of the Final Notice
A. Differences Between the Joint Commission Standards and Requirements
and Medicare's Conditions and Survey Requirements
We compared the standards contained in the Joint Commission's
[[Page 13441]]
``Comprehensive Accreditation Manual for Home Care'' (CAMHC) and its
survey process in the ``Surveyor Activity Guide'' with the Medicare
hospice conditions for participation and our State Operations Manual
(SOM). Our review and evaluation of the Joint Commission's deeming
application, which were conducted as described in section III of this
notice yielded the following:
On June 5, 2008, CMS published a final rule (73 FR 32088)
that revised the existing conditions of participation that hospices
must meet to participate in the Medicare and Medicaid Program. In
accordance with the regulations at Sec. 488.4(a)(3)(iv), the Joint
Commission updated and revised their standards and survey procedures to
meet the Medicare requirements.
To meet the Medicare requirements at section 2728 of the
SOM, the Joint Commission modified its policies for posting the deemed
status survey results within 10 days onto its extranet site.
The Joint Commission will conduct all for-cause surveys on
an unannounced basis.
The Joint Commission modified its executive summary
statement to clearly indicate that providers must meet all
accreditation standards in order to be recommended for deemed status.
B. Term of Approval
Based on the review and observations described in section III of
this final notice, we have determined that the Joint Commission's
requirements for hospices meet or exceed our requirements. Therefore,
we recognize the Joint Commission as a national accreditation
organization for hospices that request participation in the Medicare
program, effective June 18, 2009 through June 18, 2015.
V. Collection of Information Requirements
This final notice does not impose any information collection and
record keeping requirements. Consequently, it does not need to be
reviewed by the Office of Management and Budget (OMB) under the
authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35).
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program; No. 93.773 Medicare--Hospital Insurance Program;
and No. 93.774, Medicare--Supplemental Medical Insurance Program)
Dated: March 4, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-6775 Filed 3-26-09; 8:45 am]
BILLING CODE 4120-01-P