Notice2023-16917
Medicare and Medicaid Programs; Application From the Community Health Accreditation Program (CHAP) for Continued Approval of Its Home Health Agency Accreditation Program
Primary source
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Published
August 8, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This proposed notice acknowledges the receipt of an application from Community Health Accreditation Program (CHAP) for continued recognition as a national accrediting organization for home health agencies (HHAs) that wish to participate in the Medicare or Medicaid programs. The statute requires that within 60 days of receipt of an organization's complete application, the Centers for Medicare & Medicaid Services (CMS) 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.
Full Text
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<title>Federal Register, Volume 88 Issue 151 (Tuesday, August 8, 2023)</title>
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[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53489-53490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16917]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3446-PN]
Medicare and Medicaid Programs; Application From the Community
Health Accreditation Program (CHAP) for Continued Approval of Its Home
Health Agency Accreditation Program
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Notice with comment.
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SUMMARY: This proposed notice acknowledges the receipt of an
application from Community Health Accreditation Program (CHAP) for
continued recognition as a national accrediting organization for home
health agencies (HHAs) that wish to participate in the Medicare or
Medicaid programs. The statute requires that within 60 days of receipt
of an organization's complete application, the Centers for Medicare &
Medicaid Services (CMS) 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, by September 6, 2023.
ADDRESSES: In commenting, refer to file code CMS-3446-PN.
Comments, including mass comment submissions, must be submitted in
one of the following three ways (please choose only one of the ways
listed):
1. Electronically. You may submit electronic comments on this
regulation to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the ``Submit a
comment'' instructions.
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-3446-PN, P.O. Box 8013,
Baltimore, MD 21244-8013.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments to
the following address ONLY: Centers for Medicare & Medicaid Services,
Department of Health and Human Services, Attention: CMS-3446-PN, Mail
Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
For information on viewing public comments, see the beginning of
the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Caecilia Blondiaux (410) 786-2190.
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
website as soon as possible after they have been received: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the search instructions on that website to
view public comments.
I. Background
Under the Medicare program, eligible beneficiaries may receive
covered services from a Medicare-participating home health agency
(HHA), provided 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 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 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 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 Sec. 488.5. The regulations at Sec.
488.5(e)(2)(i) require accrediting organizations to reapply for
continued approval of their accreditation program every 6 years or
sooner as determined by CMS.
The Community Health Accreditation Program's (CHAP's) term of
approval for their HHA accreditation program expires March 31, 2024.
II. Approval of Deeming Organization
Section 1865(a)(2) of the Act and our regulations at Sec. 488.5
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
[[Page 53490]]
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 for its HHA accreditation
program. This notice also solicits public comment on whether CHAP's
requirements meet or exceed the Medicare conditions of participation
(CoPs) for HHAs.
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 HHA
accreditation program. This application was determined to be complete
on July 5, 2023. Under section 1865(a)(2) of the Act and our
regulations at Sec. 488.5 (Application and re-application procedures
for national accrediting organizations), our review and evaluation of
CHAP will be conducted in accordance with, but not necessarily limited
to, the following factors:
<bullet> The equivalency of CHAP's standards for HHAs as compared
with CMS' HHA CoPs.
<bullet> 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 HHAs.
++ CHAP's processes and procedures for monitoring HHAs 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. 488.9(c).
++ CHAP's capacity to report deficiencies to the surveyed HHAs and
respond to the HHA's plan of correction in a timely manner.
++ CHAP's capacity to provide us with electronic data and reports
necessary for effective validation and assessment of the organization's
survey process.
++ The adequacy of 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 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.
++ CHAP'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. Collection of Information Requirements
This document does not impose information collection 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. 3501 et seq.).
V. Response to 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.
The Administrator of the Centers for Medicare & Medicaid Services
(CMS), Chiquita Brooks-LaSure, having reviewed and approved this
document, authorizes Evell J. Barco Holland, who is the Federal
Register Liaison, to electronically sign this document for purposes of
publication in the Federal Register.
Dated: August 2, 2023.
Evell J. Barco Holland,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2023-16917 Filed 8-7-23; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on August 8, 2023.
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