Medicare and Medicaid Programs; Application of the Accreditation Commission for Health Care for Deeming Authority for Hospices, 36720-36722 [E9-17611]
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
Dated: July 16, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E9–17621 Filed 7–23–09; 8:45 am]
Dated: July 21, 2009.
Janean Chambers,
Reports Clearance Officer.
[FR Doc. E9–17626 Filed 7–23–09; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Request of Public Comment: 60-Day
Proposed Information Collection;
Indian Health Service Forms To
Implement the Privacy Rule (45 CFR
Parts 160 and 164); Correction
Food and Drug Administration
ACTION:
[Docket No. FDA–2008–N–0650]
Agency Information Collection
Activities; Announcement of Office of
Management and Budget Approval;
General Administrative Procedures:
Citizen Petitions; Petition for
Reconsideration or Stay of Action;
Advisory Opinions
AGENCY:
Food and Drug Administration,
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ACTION:
Notice.
SUMMARY: The Food and Drug
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that a collection of information entitled
‘‘General Administrative Procedures:
Citizen Petitions; Petition for
Reconsideration or Stay of Action;
Advisory Opinions’’ has been approved
by the Office of Management and
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Reduction Act of 1995.
BILLING CODE 4160–01–S
Indian Health Service
Notice; correction.
SUMMARY: The Indian Health Service
published a document in the Federal
Register (FR) on June 24, 2009. The
document contained two errors.
FOR FURTHER INFORMATION CONTACT: Ms.
Betty Gould, Regulations Officer, 801
Thompson Avenue, TMP, Suite 450,
Rockville, MD 20852, Telephone (301)
443–7899. (This is not a toll-free
number.)
Correction
In the Federal Register of June 24,
2009 in FR Doc. E9–14841, on page
30095, in the third column, second line,
45 CFR 164.522: change 164.522(a)(2)(1)
to 164.522(a)(2); and on page 30095, in
the table 45 CFR Section/IHS form,
change 164.506, IHS–810 to 164.508,
IHS–810.
Dated: July 17, 2009.
Yvette Roubideaux,
Director, Indian Health Service.
[FR Doc. E9–17452 Filed 7–23–09; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Jonna Capezzuto, Office of Information
Management (HFA–710), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 301–796–3794.
BILLING CODE 4165–16–M
In the
Federal Register of March 10, 2009 (74
FR 10255), the agency announced that
the proposed information collection had
been submitted to OMB for review and
clearance under 44 U.S.C. 3507. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
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number. OMB has now approved the
information collection and has assigned
OMB control number 0910–0183. The
approval expires on May 31, 2012. A
copy of the supporting statement for this
information collection is available on
the Internet at https://www.reginfo.gov/
public/do/PRAMain.
Centers for Medicare and Medicaid
Services
srobinson on DSKHWCL6B1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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Jkt 217001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[CMS–2305–PN]
Medicare and Medicaid Programs;
Application of the Accreditation
Commission for Health Care for
Deeming Authority for Hospices
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
recognition as a national accrediting
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Frm 00072
Fmt 4703
Sfmt 4703
organization for hospices that wish to
participate in the Medicare or Medicaid
programs. Section 1865(a)(3)(A) of the
Social Security 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. on August 24, 2009.
ADDRESSES: In commenting, please refer
to file code CMS–2305–PN. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the instructions under the ‘‘More Search
Options’’ tab.
2. By regular mail. You may mail
written comments to the following
address only: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2305–PN, P.O. Box 8016,
Baltimore, MD 21244–8016.
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 to the
following address only: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–2305–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 before the close
of the comment period to either of the
following addresses:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue, SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey 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.)
E:\FR\FM\24JYN1.SGM
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
(If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
7195 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:
Cindy Melanson, (410) 786–0310.
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.
srobinson on DSKHWCL6B1PROD with NOTICES
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services from a hospice provided certain
requirements are met. Section
1861(dd)(2) of the Social Security Act
(the Act) establish distinct criteria for
facilities seeking designation as a
hospice program. 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 42 CFR
part 488. 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
hospices.
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Jkt 217001
Generally, in order to enter into a
provider agreement with the Medicare
program, a hospice must first be
certified by a State survey agency as
complying with the conditions or
requirements set forth in part 418 of our
CMS regulations. Thereafter, 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
accrediting organization that all
applicable Medicare conditions are met
or exceeded, we will deem those
provider entities 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).
The regulations at § 488.8(d)(3) require
accrediting organizations to reapply for
continued deeming authority every six
years or sooner as we determine.
II. Approval of Deeming Organizations
Section 1865(a)(2) of the Act and our
regulations at § 488.8(a) 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.
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Frm 00073
Fmt 4703
Sfmt 4703
36721
Section 1865(a)(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 deeming authority for
hospices. This notice also solicits public
comment on whether ACHC’s
requirements meet or exceed the
Medicare conditions for participation
for hospices.
III. Evaluation of Deeming Authority
Request
ACHC submitted all the necessary
materials to enable us to make a
determination concerning its request for
approval as a deeming organization for
hospices. This application was
determined to be complete on May 25,
2009. Under Section 1865(a)(2) of the
Act and our regulations at § 488.8
(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 a hospice as compared
with CMS’ hospice 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 hospices 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, 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.
—ACHC’s capacity to provide us with
electronic data and reports necessary
for effective validation and
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36722
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
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.
Dated: July 9, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E9–17611 Filed 7–23–09; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–5050–N]
Medicare and Medicaid Programs;
Resolicitation of Proposals for the
Private, For-Profit Demonstration
Project for the Program of All-Inclusive
Care for the Elderly (PACE) and
Announcement of Closing Date
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
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).
SUMMARY: This notice resolicits
proposals for the private, for-profit
demonstration project for the Program of
All-Inclusive Care for the Elderly
(PACE) and announces a closing date for
the solicitation. We previously solicited
proposals from private, for-profit
organizations for a fully capitated joint
Medicare and Medicaid demonstration.
DATES: Closing Date: Proposals must be
submitted by July 26, 2010.
ADDRESSES: Proposals should be mailed
to the following by the date specified in
the DATES section of this notice:
Attention: Michael Henesch, Office of
Research, Development, and
Information, Centers for Medicare and
Medicaid Services, Mailstop: C4–17–27,
7500 Security Boulevard, Baltimore, MD
21244–1850.
FOR FURTHER INFORMATION CONTACT:
Michael Henesch, 410–786–6685.
SUPPLEMENTARY INFORMATION:
VI. Regulatory Impact Statement
I. Background
In accordance with the provisions of
Executive Order 12866, 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.
Sections 1894(h)(1) and 1934(h)(1) of
the Social Security Act (the Act) state
that the Secretary shall grant waivers to
enable up to ten private, for-profit
Programs of All-Inclusive Care for the
Elderly (PACE) demonstration projects
to provide medical assistance to PACE
program eligible individuals who are 55
years of age or older, require the level
of care required for coverage of nursing
facility services, and reside in the PACE
program service area. The for-profit
demonstration provision requires that,
except for the numerical limitation of
ten demonstration waivers, the
operation of a PACE program by a
provider shall be the same as those for
srobinson on DSKHWCL6B1PROD with NOTICES
V. Collection of Information
Requirements
Authority: Section 1865 of the Social
Security Act (42 U.S.C. 1395bb).
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program; No. 93.773 Medicare—Hospital
Insurance Program; and No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
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18:55 Jul 23, 2009
Jkt 217001
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PACE providers that are not-for-profit,
private organizations. The purpose of
this notice is to resolicit proposals for
the private, for-profit demonstration
project for the PACE and announces a
closing date for the solicitation. A
previous notice of solicitation to forprofit organizations (66 FR 42229) was
published in the August 10, 2001
Federal Register. The purpose of the
August 2001 notice was to determine
whether the risk-based long-term care
model employed by the nonprofit PACE
can be replicated successfully by forprofit organizations.
Section 4804(b) of the Balanced
Budget Act of 1997 (BBA) (Pub. L. 105–
33) requires issuance of a report that
includes findings as to whether—
• The number of covered lives
enrolled in for-profit PACE
demonstration projects are statistically
sufficient to make the findings
described below;
• The population enrolled in forprofit PACE demonstration projects is
less frail than the population enrolled
with other PACE providers;
• Access to or quality of care for
individuals enrolled with for-profit
PACE programs is lower than for those
enrolled in other PACE programs; and
• For-profit demonstration projects
resulted in increased expenditures
under Medicare or Medicaid programs
above those incurred by other PACE
providers.
The August 2001 Federal Register (66
FR 42229), solicited proposals from forprofit entities to demonstrate that they
can successfully provide comprehensive
coordinated care for the frail elderly
under a prepaid fully-capitated payment
system. That notice specified that we
would—(1) consider proposals only
from for-profit organizations; and (2)
operate the demonstration for 3 years.
To date, there are only two for-profit
PACE demonstration projects in place,
both of which began in 2007.
II. Provisions of the Notice
This notice resolicits proposals for the
private, for-profit demonstration project
for the PACE and announces a closing
date for this solicitation. We publish
this notice to—
• Encourage for-profit entities to
submit proposals to conduct projects to
demonstrate the for-profit PACE concept
over a 3 year period, and to further
encourage that they do so within the
next year by establishing a closing date
to the solicitation; and
• Increase the number of covered
enrollees across all for-profit
demonstration sites.
Therefore, this notice provides an
additional opportunity for interested
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Agencies
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36720-36722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17611]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
[CMS-2305-PN]
Medicare and Medicaid Programs; Application of the Accreditation
Commission for Health Care for Deeming Authority for Hospices
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 recognition as a national accrediting organization for hospices
that wish to participate in the Medicare or Medicaid programs. Section
1865(a)(3)(A) of the Social Security 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. on August 24, 2009.
ADDRESSES: In commenting, please refer to file code CMS-2305-PN.
Because of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
You may submit comments in one of four ways (no duplicates,
please):
1. Electronically. You may submit electronic comments on this
regulation to https://www.regulations.gov. Follow the instructions under
the ``More Search Options'' tab.
2. By regular mail. You may mail written comments to the following
address only: Centers for Medicare & Medicaid Services, Department of
Health and Human Services, Attention: CMS-2305-PN, P.O. Box 8016,
Baltimore, MD 21244-8016.
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 to
the following address only: Centers for Medicare & Medicaid Services,
Department of Health and Human Services, Attention: CMS-2305-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 before the close of the comment period
to either of the following addresses:
a. For delivery in Washington, DC-- Centers for Medicare & Medicaid
Services, Department of Health and Human Services, Room 445-G, Hubert
H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC
20201.
(Because access to the interior of the Hubert H. Humphrey 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.)
[[Page 36721]]
b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid
Services, Department of Health and Human Services, 7500 Security
Boulevard, Baltimore, MD 21244-1850.
(If you intend to deliver your comments to the Baltimore address,
please call telephone number (410) 786-7195 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: Cindy Melanson, (410) 786-0310.
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 hospice provided certain requirements are met.
Section 1861(dd)(2) of the Social Security Act (the Act) establish
distinct criteria for facilities seeking designation as a hospice
program. 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 42 CFR part 488. 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 hospices.
Generally, in order to enter into a provider agreement with the
Medicare program, a hospice must first be certified by a State survey
agency as complying with the conditions or requirements set forth in
part 418 of our CMS regulations. Thereafter, 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 accrediting
organization that all applicable Medicare conditions are met or
exceeded, we will deem those provider entities 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). The regulations at Sec. 488.8(d)(3) require
accrediting organizations to reapply for continued deeming authority
every six years or sooner as we determine.
II. Approval of Deeming Organizations
Section 1865(a)(2) of the Act and our regulations at Sec. 488.8(a)
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(a)(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 deeming authority for hospices. This notice also
solicits public comment on whether ACHC's requirements meet or exceed
the Medicare conditions for participation for hospices.
III. Evaluation of Deeming Authority Request
ACHC submitted all the necessary materials to enable us to make a
determination concerning its request for approval as a deeming
organization for hospices. This application was determined to be
complete on May 25, 2009. Under Section 1865(a)(2) of the Act and our
regulations at Sec. 488.8 (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 a hospice as
compared with CMS' hospice 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 hospices 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, 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
[[Page 36722]]
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).
VI. Regulatory Impact Statement
In accordance with the provisions of Executive Order 12866, 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 Program; No. 93.773 Medicare--Hospital Insurance Program;
and No. 93.774, Medicare--Supplementary Medical Insurance Program)
Dated: July 9, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-17611 Filed 7-23-09; 8:45 am]
BILLING CODE 4120-01-P