Notice2025-02918

Medicare and Medicaid Programs; Application From the Accreditation Commission for Health Care Inc. for Continued Approval of Its Home Health Agency 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 21, 2025

Issuing agencies

Health and Human Services DepartmentCenters for Medicare & Medicaid Services

Abstract

This notice announces our decision to approve the Accreditation Commission for Health Care Inc. (ACHC) for continued recognition as a national accrediting organization for home health agencies (HHAs) that wish to participate in the Medicare or Medicaid programs.

Full Text

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<title>Federal Register, Volume 90 Issue 34 (Friday, February 21, 2025)</title>
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[Federal Register Volume 90, Number 34 (Friday, February 21, 2025)]
[Notices]
[Pages 10081-10082]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02918]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3465-FN]


Medicare and Medicaid Programs; Application From the 
Accreditation Commission for Health Care Inc. for Continued Approval of 
Its Home Health Agency Accreditation Program

AGENCY: Centers for Medicare & Medicaid Services (CMS), Health and 
Human Services (HHS).

ACTION: Notice.

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SUMMARY: This notice announces our decision to approve the 
Accreditation Commission for Health Care Inc. (ACHC) for continued 
recognition as a national accrediting organization for home health 
agencies (HHAs) that wish to participate in the Medicare or Medicaid 
programs.

DATES: The decision announced in this notice is applicable February 24, 
2025, to February 24, 2031.

FOR FURTHER INFORMATION CONTACT: 
    Erin Imhoff, (410) 786-2337.
    Lillian Williams, (410) 786-8636.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Medicare program, eligible beneficiaries may receive 
covered services from a 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 a Centers for Medicare & Medicaid 
Services (CMS) approved national accrediting organization (AO) that all 
applicable Medicare requirements are met or exceeded, we will deem 
those provider entities as having met such 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 requirements. A national AO 
applying for approval of its accreditation program under 42 CFR 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 requirements.
    Our regulations concerning the approval of AOs are at Sec. Sec.  
488.4 and 488.5. The regulations at Sec.  488.5(e)(2)(i) require an AO 
to reapply for continued approval of its accreditation program every 6 
years or sooner, as determined by CMS. This notice is to announce our 
continued approval of ACHC's HHA accreditation program for a period of 
6 years.

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-approval of an 
accreditation program is conducted in a timely manner. The Act provides 
us 210 days after the date of receipt of a complete application, with 
any documentation necessary to make the determination, to complete our 
survey activities and application process. Within 60 days after 
receiving a complete application, we must publish a notice in the 
Federal Register that identifies the national accrediting body making 
the request, describes the request, and provides no less than a 30-day 
public comment period. At the end of the 210-day period, we must 
publish a notice in the Federal Register approving or denying the 
application.

III. Provisions of the Proposed Notice

    On September 17, 2024, we published a proposed notice in the 
Federal Register (89 FR 180), announcing ACHC's request for continued 
approval of its Medicare HHA accreditation program. In the proposed 
notice, we detailed our evaluation criteria. Under section 1865(a)(2) 
of the Act and in our regulations at Sec.  488.5, we conducted a review 
of ACHC's Medicare HHA accreditation application in accordance with the 
criteria specified by our regulations, which include, but are not 
limited to the following:
    <bullet> An administrative review of ACHC's: (1) Corporate 
policies; (2) financial and human resources available to accomplish the 
proposed surveys; (3) procedures for training, monitoring, and 
evaluation of its surveyors; (4) ability to investigate and respond 
appropriately to complaints against accredited facilities; and (5) 
survey review and decision-making process for accreditation.
    <bullet> A comparison of ACHC's accreditation to our current 
Medicare HHA conditions of participation (CoPs).
    <bullet> A documentation review of ACHC's survey process to do the 
following:
    ++ Determine the composition of the survey team, surveyor 
qualifications, and ACHC's ability to provide continuing surveyor 
training.
    ++ Compare ACHC's processes to those of state survey agencies, 
including survey frequency, and the ability to investigate and respond 
appropriately to complaints against accredited facilities.
    ++ Evaluate ACHC's procedures for monitoring HHAs out of compliance 
with ACHC's program requirements. The 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).
    ++ Assess ACHC's ability to report deficiencies to the surveyed 
facilities and respond to the facility's plan of correction in a timely 
manner.
    ++ Establish ACHC'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 staff and other resources.
    ++ Confirm ACHC's ability to provide adequate funding for 
performing required surveys.
    ++ Confirm ACHC's policies with respect to whether surveys are 
unannounced.
    ++ Confirm ACHC'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 ACHC'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.

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IV. Analysis of and Responses to Public Comments on the Proposed Notice

    In accordance with section 1865(a)(3)(A) of the Act, the September 
17, 2024, proposed notice also solicited public comments regarding 
whether ACHC's requirements met or exceeded the Medicare CoPs for HHAs. 
We received no comments in response to our proposed notice.

V. Provisions of the Final Notice

A. Differences Between ACHC's Standards and Requirements for 
Accreditation and Medicare Conditions and Survey Requirements

    We compared ACHC's HHA requirements and survey process with the 
Medicare CoPs and survey process as outlined in the State Operations 
Manual (SOM). Our review and evaluation of ACHC's HHA application were 
conducted as described in section III. of this notice and have yielded 
the one area where, as of the date of this notice, ACHC has completed 
revising its standards and certification processes in order to meet the 
requirements at Sec.  484.115, to ensure ACHC's standards have a 
comparable requirement for adherence to HHA personnel qualifications.
    In addition to the standards review, CMS also reviewed ACHC's 
comparable survey processes, which were conducted as described in 
section III. of this notice, and yielded the one area where, as of the 
date of this notice, ACHC has completed revising its survey processes, 
in order to demonstrate that it uses survey processes that are 
comparable to state survey agency processes by revising ACHC's surveyor 
guidance to be comparable with the CMS State Operations Manual, 
Appendix Q related to the use Immediate Jeopardy templates.

B. Term of Approval

    Based on our review and observations described in section III and 
section V of this notice, we approve ACHC as a national AO for HHAs 
that request participation in the Medicare program. The decision 
announced in this final notice is effective February 24, 2025, through 
February 24, 2031 (6 years). In accordance with Sec.  488.5(e)(2)(i), 
the term of the approval will not exceed 6 years.

VI. 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.).
    The Acting Administrator of the Centers for Medicare & Medicaid 
Services (CMS), Stephanie Carlton, having reviewed and approved this 
document, authorizes Chyana Woodyard, who is the Federal Register 
Liaison, to electronically sign this document for purposes of 
publication in the Federal Register.

Chyana Woodyard,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2025-02918 Filed 2-20-25; 8:45 am]
BILLING CODE 4120-01-P


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Indexed from Federal Register on February 21, 2025.

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