Medicare and Medicaid Programs; Application From the Community Health Accreditation Program for Continued Approval of Its Hospice Accreditation Program, 31362-31364 [2012-12816]
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31362
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Notices
accrediting organization requires the
accredited provider entities to meet
requirements that are at least as
stringent as the Medicare conditions.
Our regulations concerning the approval
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 approval of its accreditation
program every 6 years or sooner as
determined by CMS.
The American Osteopathic
Association/Healthcare Facilities
Accreditation Program’s (AOA/HFAP)
current term of approval for their ASC
accreditation program expires October
23, 2012.
mstockstill on DSK4VPTVN1PROD with NOTICES
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
approval 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 AOA/HFAP’s
request for continued approval of its
ASC accreditation program. This notice
also solicits public comment on whether
AOA/HFPA’s requirements meet or
exceed the Medicare conditions for
coverage for ASCs.
III. Evaluation of Deeming Authority
Request
AOA/HFAP submitted all the
necessary materials to enable us to make
a determination concerning its request
for continued approval of its ASC
accreditation program. This application
was determined to be complete on
March 27, 2012. Under Section
1865(a)(2) of the Act and our regulations
at § 488.8 (Federal review of accrediting
organizations), our review and
evaluation of AOA/HFAP will be
VerDate Mar<15>2010
17:55 May 24, 2012
Jkt 226001
conducted in accordance with, but not
necessarily limited to, the following
factors:
• The equivalency of AOA/HFAP’s
standards for an ASC as compared with
CMS’ ASC conditions for coverage.
• AOA/HFAP’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 AOA/HFAP’s
processes to those of State agencies,
including survey frequency, and the
ability to investigate and respond
appropriately to complaints against
accredited facilities.
• AOA/HFAP’s processes and
procedures for monitoring an ASC
found out of compliance with AOA/
HFAP’s program requirements. These
monitoring procedures are used only
when AOA/HFAP identifies
noncompliance. If noncompliance is
identified through validation reviews or
complaint surveys, the State survey
agency monitors corrections as specified
at § 488.7(d).
• AOA/HFAP’s capacity to report
deficiencies to the surveyed facilities
and respond to the facility’s plan of
correction in a timely manner.
• AOA/HFAP’s capacity to provide
CMS with electronic data and reports
necessary for effective validation and
assessment of the organization’s survey
process.
• The adequacy of AOA/HFAP’s staff
and other resources, and its financial
viability.
• AOA/HFAP’s capacity to
adequately fund required surveys.
• AOA/HFAP’s policies with respect
to whether surveys are announced or
unannounced, to assure that surveys are
unannounced.
• AOA/HFAP’s agreement to provide
CMS 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. 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).
V. Response to Public Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
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.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program; No. 93.773 Medicare—Ambulatory
surgery center Insurance Program; and No.
93.774, Medicare—Supplementary Medical
Insurance Program)
Dated: May 16, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. 2012–12823 Filed 5–24–12; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–3266–PN]
Medicare and Medicaid Programs;
Application From the Community
Health Accreditation Program for
Continued Approval of Its Hospice
Accreditation Program
Centers for Medicare and
Medicaid Services, HHS.
ACTION: Proposed notice.
AGENCY:
This proposed notice with
comment period acknowledges the
receipt of an application from the
Community Health Accreditation
Program (CHAP) for continued
recognition as a national accrediting
organization for hospices that wish to
participate in the Medicare or Medicaid
programs.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on June 25, 2012.
ADDRESSES: In commenting, refer to file
code CMS–3266–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
SUMMARY:
E:\FR\FM\25MYN1.SGM
25MYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Notices
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
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–3266–
PN, P.O. Box 8010, Baltimore, MD
21244–8010.
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–3266–PN, Mail Stop C4–26–05,
7500 Security Boulevard, Baltimore, MD
21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments only to 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.)
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, call
telephone number (410) 786–7195 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously 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.
Cindy Melanson, (410) 786–0310.
SUPPLEMENTARY INFORMATION: Inspection
of Public Comments: All comments
received before the close of the
comment period are available for
VerDate Mar<15>2010
17:55 May 24, 2012
Jkt 226001
31363
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.
national accrediting body’s approved
program will be deemed to have met the
Medicare conditions. A national
accrediting organization applying for
approval of its accreditation program
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 approval
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 approval of its accreditation
program every 6 years or as we
determine.
Community Health Accreditation
Program (CHAP’s) current term of
approval for their hospice accreditation
program expires November 20, 2012.
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.
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 to
participate in the Medicare program, the
scope of covered services, and the
conditions for Medicare payment for
hospice care.
Generally, to enter into an agreement,
a hospice must first be certified by a
State survey agency as complying with
the conditions or requirements set forth
in part 418. Thereafter, the hospice is
subject to regular surveys by a State
survey agency to determine whether it
continues to meet these requirements.
However, there is an alternative to
surveys by State agencies.
Section 1865(a)(1) of the Act 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
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
approval 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 CHAP’s
request for continued approval of its
hospice accreditation program. This
notice also solicits public comment on
whether CHAP’s requirements meet or
exceed the Medicare conditions for
participation for hospices.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
III. Evaluation of Deeming Authority
Request
CHAP submitted all the necessary
materials to enable us to make a
determination concerning its request for
continued approval of its hospice
accreditation program. This application
was determined to be complete on
E:\FR\FM\25MYN1.SGM
25MYN1
31364
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
March 30, 2012. Under section
1865(a)(2) of the Act and our regulations
at § 488.8 (Federal review of accrediting
organizations), our review and
evaluation of CHAP will be conducted
in accordance with, but not necessarily
limited to, the following factors:
• The equivalency of CHAP’s
standards for a hospice as compared
with CMS’ hospice conditions of
participation.
• CHAP’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 CHAP’s
processes to those of State agencies,
including survey frequency, and the
ability to investigate and respond
appropriately to complaints against
accredited facilities.
• CHAP’s processes and procedures
for monitoring a hospice found out of
compliance with CHAP’s program
requirements. These monitoring
procedures are used only when CHAP
identifies noncompliance. If
noncompliance is identified through
validation reviews or complaint
surveys, the State survey agency
monitors corrections as specified at
§ 488.7(d).
• CHAP’s capacity to report
deficiencies to the surveyed facilities
and respond to the facility’s plan of
correction in a timely manner.
• CHAP’s capacity to provide CMS
with electronic data and reports
necessary for effective validation and
assessment of the organization’s survey
process.
• The adequacy of CHAP’s staff and
other resources, and its financial
viability.
• CHAP’s capacity to adequately fund
required surveys.
• CHAP’s policies with respect to
whether surveys are announced or
unannounced, to assure that surveys are
unannounced.
• CHAP’s agreement to provide CMS
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. 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).
VerDate Mar<15>2010
17:55 May 24, 2012
Jkt 226001
V. Response to Public Comments
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. Regulatory Impact Statement
In accordance with the provisions of
Executive Order 12866, this proposed
notice was not reviewed by the Office of
Management and Budget.
(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: May 21, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. 2012–12816 Filed 5–24–12; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–4164–FN]
Medicare Program; Approved Renewal
of Deeming Authority of the Utilization
Review Accreditation Commission for
Medicare Advantage Health
Maintenance Organizations and Local
Preferred Provider Organizations
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final notice.
AGENCY:
This notice announces our
decision to renew the Medicare
Advantage ‘‘deeming authority’’ of the
Utilization Review Accreditation
Commission (URAC) for Health
Maintenance Organizations and
Preferred Provider Organizations for a
term of 6 years. This new term of
approval would begin May 26, 2012,
and end May 25, 2018.
DATES: This final notice is effective May
26, 2012 through May 25, 2018.
SUMMARY:
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Caroline Baker, (410) 786–0116; or
Edgar Gallardo, (410) 786–0361.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services through a Medicare Advantage
(MA) organization that contracts with
CMS. The regulations specifying the
Medicare requirements that must be met
for a Medicare Advantage Organization
(MAO) to enter into a contract with
CMS are located at 42 CFR part 422.
These regulations implement Part C of
Title XVIII of the Social Security Act
(the Act), which specifies the services
that an MAO must provide and the
requirements that the organization must
meet to be an MA contractor. Other
relevant sections of the Act are Parts A
and B of Title XVIII and Part A of Title
XI pertaining to the provision of
services by Medicare-certified providers
and suppliers. Generally, for an entity to
be an MA organization, the organization
must be licensed by the State as a
riskbearing organization as set forth in
part 422.
As a method of assuring compliance
with certain Medicare requirements, an
MA organization may choose to become
accredited by a CMS-approved
accrediting organization (AO). Once
accredited by such a CMS-approved AO,
we deem the MA organization to be
compliant in one or more of six
requirements set forth in section
1852(e)(4)(B) of the Act. For an AO to
be able to ‘‘deem’’ an MA plan as
compliant with these MA requirements,
the AO must prove to CMS that its
standards are at least as stringent as
Medicare requirements. Health
maintenance organizations (HMOs) or
preferred provider organizations (PPOs)
accredited by an approved AO may
receive, at their request, ‘‘deemed’’
status for CMS requirements with
respect to the following six MA criteria:
Quality Improvement;
Antidiscrimination; Access to Services;
Confidentiality and Accuracy of
Enrollee Records; Information on
Advanced Directives; and Provider
Participation Rules. (See 42 CFR
422.156(b)). At this time, recognition of
accreditation does not include the Part
D areas of review set out at § 423.165(b).
AOs that apply for MA deeming
authority are generally recognized by
the health care industry as entities that
accredit HMOs and PPOs. As we specify
at § 422.157(b)(2)(ii), the term for which
an AO may be approved by CMS may
not exceed 6 years. For continuing
approval, the AO must apply to CMS to
E:\FR\FM\25MYN1.SGM
25MYN1
]]>Agencies
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31362-31364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12816]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3266-PN]
Medicare and Medicaid Programs; Application From the Community
Health Accreditation Program for Continued Approval of Its Hospice
Accreditation Program
AGENCY: Centers for Medicare and Medicaid Services, HHS.
ACTION: Proposed notice.
-----------------------------------------------------------------------
SUMMARY: This proposed notice with comment period acknowledges the
receipt of an application from the Community Health Accreditation
Program (CHAP) for continued recognition as a national accrediting
organization for hospices that wish to participate in the Medicare or
Medicaid programs.
DATES: To be assured consideration, comments must be received at one of
the addresses provided below, no later than 5 p.m. on June 25, 2012.
ADDRESSES: In commenting, refer to file code CMS-3266-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
[[Page 31363]]
to https://www.regulations.gov. Follow the ``Submit a comment''
instructions.
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-3266-PN, P.O. Box 8010, Baltimore, MD 21244-8010.
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-3266-PN, Mail Stop C4-26-05, 7500 Security Boulevard,
Baltimore, MD 21244-1850.
4. By hand or courier. Alternatively, you may deliver (by hand or
courier) your written comments only to 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.)
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,
call telephone number (410) 786-7195 in advance to schedule your
arrival with one of our staff members.
Comments erroneously 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. Cindy Melanson, (410) 786-0310.
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 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.
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 to participate in
the Medicare program, the scope of covered services, and the conditions
for Medicare payment for hospice care.
Generally, to enter into an agreement, a hospice must first be
certified by a State survey agency as complying with the conditions or
requirements set forth in part 418. Thereafter, the hospice is subject
to regular surveys by a State survey agency to determine whether it
continues to meet these requirements. However, there is an alternative
to surveys by State agencies.
Section 1865(a)(1) of the Act 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 will be deemed to have met the
Medicare conditions. A national accrediting organization applying for
approval of its accreditation program 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 approval 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 approval of
its accreditation program every 6 years or as we determine.
Community Health Accreditation Program (CHAP's) current term of
approval for their hospice accreditation program expires November 20,
2012.
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 approval 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
CHAP's request for continued approval of its hospice accreditation
program. This notice also solicits public comment on whether CHAP's
requirements meet or exceed the Medicare conditions for participation
for hospices.
III. Evaluation of Deeming Authority Request
CHAP submitted all the necessary materials to enable us to make a
determination concerning its request for continued approval of its
hospice accreditation program. This application was determined to be
complete on
[[Page 31364]]
March 30, 2012. 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 CHAP will be conducted in accordance with, but
not necessarily limited to, the following factors:
The equivalency of CHAP's standards for a hospice as
compared with CMS' hospice conditions of participation.
CHAP'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 CHAP's processes to those of State agencies,
including survey frequency, and the ability to investigate and respond
appropriately to complaints against accredited facilities.
CHAP's processes and procedures for monitoring a hospice
found out of compliance with CHAP's program requirements. These
monitoring procedures are used only when CHAP 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).
CHAP's capacity to report deficiencies to the surveyed
facilities and respond to the facility's plan of correction in a timely
manner.
CHAP's capacity to provide CMS with electronic data and
reports necessary for effective validation and assessment of the
organization's survey process.
The adequacy of CHAP's staff and other resources, and its
financial viability.
CHAP's capacity to adequately fund required surveys.
CHAP's policies with respect to whether surveys are
announced or unannounced, to assure that surveys are unannounced.
CHAP's agreement to provide CMS 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. 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).
V. Response to Public Comments
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. Regulatory Impact Statement
In accordance with the provisions of Executive Order 12866, this
proposed notice was not reviewed by the Office of Management and
Budget.
(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: May 21, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2012-12816 Filed 5-24-12; 8:45 am]
BILLING CODE 4120-01-P
