Medicare Program; Approval of Application by the Utilization Review Accreditation Commission for Initial CMS-Approval of Its Home Infusion Therapy Accreditation Program, 18243-18245 [2020-06795]
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Notices
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[FR Doc. 2020–06780 Filed 3–31–20; 8:45 am]
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[FR Doc. 2020–06781 Filed 3–31–20; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[CMS–3389–FN]
Medicare Program; Approval of
Application by the Utilization Review
Accreditation Commission for Initial
CMS-Approval of Its Home Infusion
Therapy Accreditation Program
Centers for Medicare and
Medicaid Services, HHS.
ACTION: Final notice.
AGENCY:
This final notice announces
our decision to approve the Utilization
Review Accreditation Commission
(URAC) for initial recognition as a
national accrediting organization for
home infusion therapy suppliers that
wish to participate in the Medicare
program. A home infusion therapy
supplier that participates must meet the
Medicare conditions for coverage (CfCs).
DATES: The approval announced in this
final notice is effective March 27, 2020
through March 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Christina Mister-Ward, (410)786–2441.
Lillian Williams, (410)786–8636.
SUMMARY:
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Notices
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I. Background
Infusion therapy is a treatment option
for Medicare beneficiaries with a wide
range of acute and chronic conditions.
Section 5012 of the 21st Century Cures
Act added section 1861(iii) to the Social
Security Act (the Act), establishing a
new Medicare benefit for Home Infusion
Therapy (HIT) services. Section
1861(iii)(1) of the Act defines HIT as
professional services, including nursing
services; training and education not
otherwise covered under the Durable
Medical Equipment (DME) benefit;
remote monitoring; and other
monitoring services. HIT must be
furnished by a qualified HIT supplier
and furnished in the individual’s home.
The individual must be under—
• The care of an applicable provider
(that is, physician, nurse practitioner, or
physician assistant); and
• A plan of care established and
periodically reviewed by a physician in
coordination with the furnishing of
home infusion drugs under Part B, that
prescribes the type, amount, and
duration of infusion therapy services
that are to be furnished.
Section 1861(iii)(3)(D)(III) of the Act
requires that a qualified HIT supplier be
accredited by an accrediting
organization (AO) designated by the
Secretary in accordance with section
1834(u)(5) of the Act. Section
1834(u)(5)(A) of the Act identifies
factors for designating AOs and in
reviewing and modifying the list of
designated AOs. These statutory factors
are as follows:
• The ability of the organization to
conduct timely reviews of accreditation
applications.
• The ability of the organization take
into account the capacities of suppliers
located in a rural area (as defined in
section 1886(d)(2)(D) of the Act).
• Whether the organization has
established reasonable fees to be
charged to suppliers applying for
accreditation.
• Such other factors as the Secretary
determines appropriate.
Section 1834(u)(5)(B) of the Act
requires the Secretary to designate AOs
to accredit HIT suppliers furnishing HIT
not later than January 1, 2021. Section
1861(iii)(3)(D) of the Act defines
‘‘qualified home infusion therapy
suppliers’’ as being accredited by a
CMS-approved AO.
In the March 1, 2019 Federal Register,
we published a solicitation notice
entitled, ‘‘Medicare Program;
Solicitation of Independent Accrediting
Organizations To Participate in the
Home Infusion Therapy Supplier
Accreditation Program’’ (84 FR 7057).
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18:31 Mar 31, 2020
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This notice informed national AOs that
accredit HIT suppliers of an opportunity
to submit applications to participate in
the HIT supplier accreditation program.
Complete applications will be
considered for the January 1, 2021
designation deadline if received by
February 1, 2020.
Regulations for the approval and
oversight of AOs for HIT organizations
are located at 42 CFR part 488, subpart
L. The requirements for HIT suppliers
are located at 42 CFR part 486, subpart
I.
II. Approval of Accreditation
Organizations
Section 1834(u)(5) of the Act and the
regulations at § 488.1010 require that
our findings concerning review and
approval of a national AO’s
requirements consider, among other
factors, the applying AO’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 CMS with the
necessary data.
Our regulations at § 488.1020(a)
require that we publish, after 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. In accordance with
§ 488.1010(d), we have 210 days from
the receipt of a complete application to
publish notice of approval or denial of
the application.
III. Provisions of the Proposed Notice
In the October 24, 2019 Federal
Register (84 FR 57021), we published a
proposed notice announcing URAC’s
request for initial approval of its
Medicare HIT accreditation program. In
the October 24, 2019 proposed notice,
we detailed our evaluation criteria.
Under section 1834(u)(5) the Act and in
our regulations at § 488.1010, we
conducted a review of URAC Medicare
home infusion accreditation application
in accordance with the criteria specified
by our regulations, which included, but
are not limited to the following:
• An onsite administrative review of
URAC’s: (1) Corporate policies; (2)
financial and human resources available
to accomplish the proposed surveys; (3)
procedures for training, monitoring, and
evaluation of its home infusion therapy
surveyors; (4) ability to investigate and
respond appropriately to complaints
against accredited home infusion
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therapies; and (5) survey review and
decision-making process for
accreditation.
• The ability for URAC to conduct
timely review of accreditation
applications.
• The ability of URAC to take into
account the capacities of suppliers
located in a rural area.
• The comparison of URAC’s
Medicare home infusion therapy
accreditation program standards to our
current Medicare home infusion therapy
CfCs.
• A documentation review of URAC’s
survey process to—
++ Determine the composition of the
survey team, surveyor qualifications,
and URAC’s ability to provide
continuing surveyor training.
++ Compare URAC’s processes,
including periodic resurvey and the
ability to investigate and respond
appropriately to complaints against
accredited home infusion therapies.
++ Evaluate URAC’s procedures for
monitoring home infusion therapies it
has found to be out of compliance with
URAC’s program requirements.
++ Assess URAC’s ability to report
deficiencies to the surveyed home
infusion therapy and respond to the
home infusion therapy’s plan of
correction in a timely manner.
++ Establish URAC’s ability to
provide CMS with electronic data and
reports necessary for effective validation
and assessment of the organization’s
survey process.
++ Determine the adequacy of
URAC’s staff and other resources.
++ Confirm URAC’s ability to provide
adequate funding for performing
required surveys.
++ Confirm URAC’s policies with
respect to surveys being unannounced.
++ URAC’s policies and procedures
to avoid conflicts of interest, including
the appearance of conflicts of interest,
involving individuals who conduct
surveys or participate in accreditation
decisions.
++ Obtain URAC’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.
The October 24, 2019 proposed notice
also solicited public comments
regarding whether URAC’s requirements
met or exceeded the Medicare CfCs for
home infusion therapy. No comments
were received in response to our
proposed notice.
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Notices
IV. Provisions of the Final Notice
A. Differences Between URAC’s
Standards and Requirements for
Accreditation and Medicare Conditions
and Survey Requirements
We compared URAC’s HIT
accreditation requirements and survey
process with the Medicare CfCs of part
486, subpart I and the survey and
certification process requirements of
part 488, subpart L. Our review and
evaluation of URAC’s HIT application,
which was conducted as described in
section III. of this final notice, yielded
the following areas where, as of the date
of this notice, URAC has completed
revising its standards and certification
processes in order to meet the condition
at:
• § 486.520(a), to address the
requirement stating all patients must be
under the care of an applicable
provider.
• § 488.1010(a)(5), to provide a
detailed crosswalk identifying the exact
language of the organization’s
comparable accreditation requirements
and standards.
• § 488.1010(a)(6)(ix), to revise
URAC’s procedures for ‘‘immediate
jeopardy’’ situations.
• § 488.1010(a)(6)(iv), to revise
URAC’s survey procedures for surveys.
• § 488.1010(a)(6)(v), to revise
URAC’s procedures and timelines for
notifying a surveyed or audited home
infusion therapy supplier of noncompliance with the home infusion
therapy accreditation program’s
standards.
• § 488.1010(a)(6)(vi), to revise
URAC’s procedures and timelines for
monitoring the home infusion therapy
supplier’s correction of identified noncompliance with the accreditation
program’s standards.
• § 489.13, to reflect our policies
regarding when the effective period of
an accreditation begins and ends
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B. Term of Approval
Based on the review and observations
described in section III. of this final
notice, we have determined that URAC’s
requirements for HITs meet or exceed
our requirements. Therefore, we
approve URAC as a national
accreditation organization for HITs that
request participation in the Medicare
program, effective March 27, 2020
through March 27, 2024.
IV. Collection of Information
Requirements
This document does not impose
information collection and
requirements, that is, reporting,
recordkeeping or third party disclosure
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18:31 Mar 31, 2020
Jkt 250001
requirements. Consequently, there is no
need for review by the Office of
Management and Budget under the
authority of the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35).
The Administrator of the Centers for
Medicare & Medicaid Services (CMS),
Seema Verma, having reviewed and
approved this document, is delegating
the authority to electronically sign this
document to Evell J. Barco Holland,
who is the Federal Register Liaison, for
purposes of publication in the Federal
Register.
Dated: March 26, 2020.
Evell J. Barco Holland,
Federal Register Liaison, Department of
Health and Human Services.
[FR Doc. 2020–06795 Filed 3–31–20; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–3384–FN]
Medicare and Medicaid Programs;
Application From the Joint
Commission (TJC) for Continued
Approval of Its Home Health Agency
Accreditation Program
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final notice.
AGENCY:
This final notice announces
our decision to approve The Joint
Commission (TJC) for continued
recognition as a national accrediting
organization for home health agencies
(HHAs) that wish to participate in the
Medicare or Medicaid programs. A HHA
that participates in Medicaid must also
meet the Medicare conditions of
participation (CoPs).
DATES: The decision announced in this
final notice is effective March 31, 2020
through March 31, 2026.
FOR FURTHER INFORMATION CONTACT:
Sharon Lash (410) 786–9457.
Caecilia Blondiaux (410) 786–2190.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services from a home health agency
(HHA), provided that certain
requirements are met. Sections 1861(m)
and (o), 1891 and 1895 of the Social
Security Act (the Act) establish distinct
criteria for an entity seeking designation
as an HHA. Regulations concerning
provider agreements are at 42 CFR part
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Fmt 4703
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18245
489 and those pertaining to activities
relating to the survey and certification
of facilities and other entities are at 42
CFR part 488. The regulations at 42 CFR
parts 409 and 484 specify the conditions
that an HHA must meet to participate in
the Medicare program, the scope of
covered services and the conditions for
Medicare payment for home health care.
Generally, to enter into a provider
agreement with the Medicare program,
an HHA must first be certified by a state
survey agency as complying with the
conditions or requirements set forth in
42 CFR part 484 of our regulations.
Thereafter, the HHA 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 certification surveys by
state agencies. Accreditation by a
nationally recognized Medicare
accreditation program approved by CMS
may substitute for both initial and
ongoing state review.
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 our
requirements. Accreditation by an
accrediting organization is voluntary
and is not required for Medicare
participation.
If an accrediting organization is
recognized by the Secretary of Health
and Human Services 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
CMS approval of their accreditation
program under 42 CFR part 488, subpart
A must provide CMS 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 § 488.5.
Section 488.5(e)(2)(i) requires
accrediting organizations to reapply for
continued approval of its Medicare
accreditation program every 6 years or
sooner as determined by CMS.
The Joint Commission’s (TJC’s) term
of approval for their HHA accreditation
program expires March 31, 2020.
II. Application Approval Process
Section 1865(a)(3)(A) of the Act
provides a statutory timetable to ensure
that our review of applications for CMS-
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Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18243-18245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06795]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3389-FN]
Medicare Program; Approval of Application by the Utilization
Review Accreditation Commission for Initial CMS-Approval of Its Home
Infusion Therapy Accreditation Program
AGENCY: Centers for Medicare and Medicaid Services, HHS.
ACTION: Final notice.
-----------------------------------------------------------------------
SUMMARY: This final notice announces our decision to approve the
Utilization Review Accreditation Commission (URAC) for initial
recognition as a national accrediting organization for home infusion
therapy suppliers that wish to participate in the Medicare program. A
home infusion therapy supplier that participates must meet the Medicare
conditions for coverage (CfCs).
DATES: The approval announced in this final notice is effective March
27, 2020 through March 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Christina Mister-Ward, (410)786-2441.
Lillian Williams, (410)786-8636.
[[Page 18244]]
I. Background
Infusion therapy is a treatment option for Medicare beneficiaries
with a wide range of acute and chronic conditions. Section 5012 of the
21st Century Cures Act added section 1861(iii) to the Social Security
Act (the Act), establishing a new Medicare benefit for Home Infusion
Therapy (HIT) services. Section 1861(iii)(1) of the Act defines HIT as
professional services, including nursing services; training and
education not otherwise covered under the Durable Medical Equipment
(DME) benefit; remote monitoring; and other monitoring services. HIT
must be furnished by a qualified HIT supplier and furnished in the
individual's home. The individual must be under--
The care of an applicable provider (that is, physician,
nurse practitioner, or physician assistant); and
A plan of care established and periodically reviewed by a
physician in coordination with the furnishing of home infusion drugs
under Part B, that prescribes the type, amount, and duration of
infusion therapy services that are to be furnished.
Section 1861(iii)(3)(D)(III) of the Act requires that a qualified
HIT supplier be accredited by an accrediting organization (AO)
designated by the Secretary in accordance with section 1834(u)(5) of
the Act. Section 1834(u)(5)(A) of the Act identifies factors for
designating AOs and in reviewing and modifying the list of designated
AOs. These statutory factors are as follows:
The ability of the organization to conduct timely reviews
of accreditation applications.
The ability of the organization take into account the
capacities of suppliers located in a rural area (as defined in section
1886(d)(2)(D) of the Act).
Whether the organization has established reasonable fees
to be charged to suppliers applying for accreditation.
Such other factors as the Secretary determines
appropriate.
Section 1834(u)(5)(B) of the Act requires the Secretary to
designate AOs to accredit HIT suppliers furnishing HIT not later than
January 1, 2021. Section 1861(iii)(3)(D) of the Act defines ``qualified
home infusion therapy suppliers'' as being accredited by a CMS-approved
AO.
In the March 1, 2019 Federal Register, we published a solicitation
notice entitled, ``Medicare Program; Solicitation of Independent
Accrediting Organizations To Participate in the Home Infusion Therapy
Supplier Accreditation Program'' (84 FR 7057). This notice informed
national AOs that accredit HIT suppliers of an opportunity to submit
applications to participate in the HIT supplier accreditation program.
Complete applications will be considered for the January 1, 2021
designation deadline if received by February 1, 2020.
Regulations for the approval and oversight of AOs for HIT
organizations are located at 42 CFR part 488, subpart L. The
requirements for HIT suppliers are located at 42 CFR part 486, subpart
I.
II. Approval of Accreditation Organizations
Section 1834(u)(5) of the Act and the regulations at Sec. 488.1010
require that our findings concerning review and approval of a national
AO's requirements consider, among other factors, the applying AO'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 CMS with the necessary data.
Our regulations at Sec. 488.1020(a) require that we publish, after
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.
In accordance with Sec. 488.1010(d), we have 210 days from the receipt
of a complete application to publish notice of approval or denial of
the application.
III. Provisions of the Proposed Notice
In the October 24, 2019 Federal Register (84 FR 57021), we
published a proposed notice announcing URAC's request for initial
approval of its Medicare HIT accreditation program. In the October 24,
2019 proposed notice, we detailed our evaluation criteria. Under
section 1834(u)(5) the Act and in our regulations at Sec. 488.1010, we
conducted a review of URAC Medicare home infusion accreditation
application in accordance with the criteria specified by our
regulations, which included, but are not limited to the following:
An onsite administrative review of URAC's: (1) Corporate
policies; (2) financial and human resources available to accomplish the
proposed surveys; (3) procedures for training, monitoring, and
evaluation of its home infusion therapy surveyors; (4) ability to
investigate and respond appropriately to complaints against accredited
home infusion therapies; and (5) survey review and decision-making
process for accreditation.
The ability for URAC to conduct timely review of
accreditation applications.
The ability of URAC to take into account the capacities of
suppliers located in a rural area.
The comparison of URAC's Medicare home infusion therapy
accreditation program standards to our current Medicare home infusion
therapy CfCs.
A documentation review of URAC's survey process to--
++ Determine the composition of the survey team, surveyor
qualifications, and URAC's ability to provide continuing surveyor
training.
++ Compare URAC's processes, including periodic resurvey and the
ability to investigate and respond appropriately to complaints against
accredited home infusion therapies.
++ Evaluate URAC's procedures for monitoring home infusion
therapies it has found to be out of compliance with URAC's program
requirements.
++ Assess URAC's ability to report deficiencies to the surveyed
home infusion therapy and respond to the home infusion therapy's plan
of correction in a timely manner.
++ Establish URAC's ability to provide CMS with electronic data and
reports necessary for effective validation and assessment of the
organization's survey process.
++ Determine the adequacy of URAC's staff and other resources.
++ Confirm URAC's ability to provide adequate funding for
performing required surveys.
++ Confirm URAC's policies with respect to surveys being
unannounced.
++ URAC's policies and procedures to avoid conflicts of interest,
including the appearance of conflicts of interest, involving
individuals who conduct surveys or participate in accreditation
decisions.
++ Obtain URAC'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.
The October 24, 2019 proposed notice also solicited public comments
regarding whether URAC's requirements met or exceeded the Medicare CfCs
for home infusion therapy. No comments were received in response to our
proposed notice.
[[Page 18245]]
IV. Provisions of the Final Notice
A. Differences Between URAC's Standards and Requirements for
Accreditation and Medicare Conditions and Survey Requirements
We compared URAC's HIT accreditation requirements and survey
process with the Medicare CfCs of part 486, subpart I and the survey
and certification process requirements of part 488, subpart L. Our
review and evaluation of URAC's HIT application, which was conducted as
described in section III. of this final notice, yielded the following
areas where, as of the date of this notice, URAC has completed revising
its standards and certification processes in order to meet the
condition at:
Sec. 486.520(a), to address the requirement stating all
patients must be under the care of an applicable provider.
Sec. 488.1010(a)(5), to provide a detailed crosswalk
identifying the exact language of the organization's comparable
accreditation requirements and standards.
Sec. 488.1010(a)(6)(ix), to revise URAC's procedures for
``immediate jeopardy'' situations.
Sec. 488.1010(a)(6)(iv), to revise URAC's survey
procedures for surveys.
Sec. 488.1010(a)(6)(v), to revise URAC's procedures and
timelines for notifying a surveyed or audited home infusion therapy
supplier of non-compliance with the home infusion therapy accreditation
program's standards.
Sec. 488.1010(a)(6)(vi), to revise URAC's procedures and
timelines for monitoring the home infusion therapy supplier's
correction of identified non-compliance with the accreditation
program's standards.
Sec. 489.13, to reflect our policies regarding when the
effective period of an accreditation begins and ends
B. Term of Approval
Based on the review and observations described in section III. of
this final notice, we have determined that URAC's requirements for HITs
meet or exceed our requirements. Therefore, we approve URAC as a
national accreditation organization for HITs that request participation
in the Medicare program, effective March 27, 2020 through March 27,
2024.
IV. Collection of Information Requirements
This document does not impose information collection and
requirements, that is, reporting, recordkeeping or third party
disclosure requirements. Consequently, there is no need for review by
the Office of Management and Budget under the authority of the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
The Administrator of the Centers for Medicare & Medicaid Services
(CMS), Seema Verma, having reviewed and approved this document, is
delegating the authority to electronically sign this document to Evell
J. Barco Holland, who is the Federal Register Liaison, for purposes of
publication in the Federal Register.
Dated: March 26, 2020.
Evell J. Barco Holland,
Federal Register Liaison, Department of Health and Human Services.
[FR Doc. 2020-06795 Filed 3-31-20; 8:45 am]
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