Notice2024-02342
Medicare and Medicaid Programs; Application by DNV Healthcare USA Inc. (DNV) for Continued CMS Approval of Its Psychiatric Hospital Accreditation Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This proposed notice acknowledges the receipt of a deeming application from DNV Healthcare USA Inc. (DNV) for continued Centers for Medicare & Medicaid Services (CMS) approval of its psychiatric hospital accreditation program. The statute requires that within 60 days of receipt of an organization's complete application, CMS must 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 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8203-8204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02342]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3454-PN]
Medicare and Medicaid Programs; Application by DNV Healthcare USA
Inc. (DNV) for Continued CMS Approval of Its Psychiatric Hospital
Accreditation Program
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Proposed notice.
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SUMMARY: This proposed notice acknowledges the receipt of a deeming
application from DNV Healthcare USA Inc. (DNV) for continued Centers
for Medicare & Medicaid Services (CMS) approval of its psychiatric
hospital accreditation program. The statute requires that within 60
days of receipt of an organization's complete application, CMS must
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 March 7, 2024.
ADDRESSES: In commenting, refer to file code CMS-3454-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-3454-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 to
the following address ONLY: Centers for Medicare & Medicaid Services,
Department of Health and Human Services, Attention: CMS-3454-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:
Joann Fitzell, (410) 786-4280.
Lillian Williams, (410) 786-8636.
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. CMS will not post on <a href="http://Regulations.gov">Regulations.gov</a> public
comments that make threats to individuals or institutions or suggest
that the commenter will take actions to harm an individual. CMS
continues to encourage individuals not to submit duplicative comments.
We will post acceptable comments from multiple unique commenters even
if the content is identical or nearly identical to other comments.
I. Background
Under the Medicare program, eligible beneficiaries may receive
covered services from a psychiatric hospital provided certain
requirements are met. Section 1861(f) of the Social Security Act (the
Act), establishes distinct criteria for facilities seeking designation
as a psychiatric hospital. 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 482 subpart E specify the minimum conditions that
a psychiatric hospital must meet to participate in the Medicare
program, the scope of covered services, and the conditions for Medicare
payment for psychiatric hospitals.
[[Page 8204]]
Generally, to enter into an agreement, a psychiatric hospital must
first be certified by a state survey agency (SA) as complying with the
conditions or requirements set forth in part 482, subpart E of our
regulations. Thereafter, the psychiatric hospital is subject to regular
surveys by an SA to determine whether it continues to meet these
requirements.
Section 1865(a)(1) of the Act provides that, if a provider entity
demonstrates through accreditation by a Centers for Medicare & Medicaid
Services (CMS)-approved national accrediting organization (AO) that all
applicable Medicare conditions are met or exceeded, we will deem those
provider entities as having met the requirements. Accreditation by an
AO is voluntary and is not required for Medicare participation.
If an AO is recognized by the Secretary of the Department of Health
and Human Services (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 AO applying
for approval of its accreditation program under part 488, subpart A,
must provide CMS with reasonable assurance that the AO requires the
accredited provider entities to meet requirements that are at least as
stringent as the Medicare conditions. Our regulations concerning the
approval of AOs are set forth at Sec. Sec. 488.4 and 488.5. The
regulations at Sec. 488.5(e)(2)(i) require AOs to reapply for
continued approval of its accreditation program every 6 years or sooner
as determined by CMS.
DNV Healthcare USA Inc.'s (DNV's) current term of approval for
their psychiatric hospital accreditation program expires July 30, 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
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 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. The Act provides us 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
DNV's request for continued approval of its psychiatric hospital
accreditation program. This notice also solicits public comment on
whether DNV's requirements meet or exceed the Medicare conditions of
participation (CoPs) for psychiatric hospitals.
III. Evaluation of Deeming Authority Request
DNV submitted all the necessary materials to enable us to make a
determination concerning its request for initial approval of its
psychiatric hospital accreditation program. This application was
determined to be complete on January 2, 2024. 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 the DNV will be conducted in accordance with,
but not necessarily limited to, the following factors:
<bullet> The equivalency of the DNV standards for psychiatric
hospitals as compared with CMS' psychiatric hospital CoPs.
<bullet> The DNV 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 DNV's processes to those of state agencies,
including survey frequency, and the ability to investigate and respond
appropriately to complaints against accredited facilities.
++ DNV's processes and procedures for monitoring a psychiatric
hospital found out of compliance with DNV's program requirements. These
monitoring procedures are used only when DNV identifies noncompliance.
If noncompliance is identified through validation reviews or complaint
surveys, the state SA monitors corrections as specified at Sec.
488.9(c).
++ DNV's capacity to report deficiencies to the surveyed facilities
and respond to the facility's plan of correction in a timely manner.
++ DNV'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 DNV's staff and other resources, and its
financial viability.
++ DNV's capacity to adequately fund required surveys.
++ DNV's policies with respect to whether surveys are announced or
unannounced, to ensure that surveys are unannounced.
++ DNV'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.
++ DNV's agreement to provide CMS with a copy of the most current
accreditation survey together with any other information related to the
survey as CMS may require (including corrective action plans).
Upon completion of our evaluation, including evaluation of public
comments received as a result of this notice, we will publish a final
notice in the Federal Register announcing the result of our evaluation.
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 Vanessa Garcia, who is the Federal Register
Liaison, to electronically sign this document for purposes of
publication in the Federal Register.
Vanessa Garcia,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2024-02342 Filed 2-5-24; 8:45 am]
BILLING CODE 4120-01-P
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