Notice2026-06508
Medicare and Medicaid Programs; Application From Joint Commission (JC) for Continued CMS-Approval of Its Home Health Agency (HHA) 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
April 3, 2026
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This proposed notice acknowledges the receipt of an application from Joint Commission for continued recognition as a national accrediting organization for home health agencies that wish to participate in the Medicare or Medicaid programs. It also provides the public with the opportunity to submit comments on the applicant's request.
Full Text
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Notices]
[Pages 16944-16946]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06508]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3479-PN]
Medicare and Medicaid Programs; Application From Joint Commission
(JC) for Continued CMS-Approval of Its Home Health Agency (HHA)
Accreditation Program
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Proposed notice.
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SUMMARY: This proposed notice acknowledges the receipt of an
application from Joint Commission for continued recognition as a
national accrediting organization for home health agencies that wish to
participate in the Medicare or Medicaid programs. It also provides the
public with the opportunity to submit comments on the applicant's
request.
[[Page 16945]]
DATES: To be assured consideration, comments must be received at one of
the addresses provided below, no later than 5 p.m. on May 4, 2026.
ADDRESSES: In commenting, refer to file code CMS-3479-PN. Because of
staff and resource limitations, we cannot accept comments by facsimile
(FAX) transmission.
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-3479-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-3479-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:
Joy Webb, (410) 786-1667.
Kristen Shifflett, (410)-786-4166.
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 individual will take actions to harm the 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 home health agency (HHA) provided certain
requirements are met. Sections 1861(m) and (o), and 1891 of the Social
Security Act (the Act) establish criteria for entities seeking to
participate in Medicare 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 HHAs and other entities are
at 42 CFR part 488. The regulations at 42 CFR part 484 further specify
the minimum conditions that an HHA must meet to participate in the
Medicare program. Generally, to enter into a provider agreement with
the Medicare program, an HHA must first be certified by a state survey
agency (SA) 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 an SA to determine whether it continues to meet
these requirements. However, there is an alternative to survey by SAs.
Section 1865(a)(1)(A) of the Act provides that, if a provider
entity demonstrates through accreditation by an approved national
accrediting organization (AO) that all applicable Medicare conditions
are met or exceeded, we must deem that provider entity as having met
the requirements. Accreditation by an AO is voluntary and is not
required for Medicare participation.
A national AO applying for CMS approval of its accreditation
program under 42 CFR 488.5 must provide CMS with reasonable assurance
that the AO requires the accredited provider entities to meet
requirements that meet or exceed the applicable Medicare conditions.
The regulation at Sec. 488.5(e)(2)(i) permits CMS to approve or re-
approve an AO application for a period not to exceed 6 years.
Joint Commission's (JC's) current term of approval for its HHA
program expires March 30, 2026.
II. Approval of Deeming Organization
Section 1865(a)(2) of the Act and Sec. 488.5 require CMS' review
of an AO's application 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 the
Secretary, through CMS, publish, within 60 days of receipt of an
organization's complete application, 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. 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 JC's
request for continued CMS-approval of its HHA accreditation program.
This notice also solicits public comment on whether JC's requirements
meet or exceed the Medicare conditions of participation (CoPs) for
HHAs.
III. Evaluation of Deeming Authority Request
JC submitted all the necessary materials to enable us to make a
determination concerning its request for continued CMS approval of its
HHA accreditation program. This application was determined to be
complete on September 2, 2025. Under section 1865(a)(2) of the Act and
Sec. 488.5, our review and evaluation of JC may include:
<bullet> The equivalency of JC's standards for HHAs as compared
with Medicare's CoPs for HHAs.
<bullet> The assessment of JC's survey process.
<bullet> The comparability of JC's processes to those of State
agencies, including survey frequency, and the ability to investigate
and respond appropriately to complaints against accredited facilities.
<bullet> JC's processes and procedures for monitoring an HHA found
out of compliance with JC's program requirements.
<bullet> JC's capacity to report deficiencies to the surveyed
facilities and respond to the facility's plan of correction in a timely
manner.
<bullet> JC's capacity to provide CMS with information extracted
from each accreditation survey for a specified provider as part of its
data submission.
<bullet> An assessment of JC's financial viability.
<bullet> JC'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).
IV. Collection of Information Requirements
This document does not impose information collection requirements,
that is, reporting, recordkeeping, or
[[Page 16946]]
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 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.
The Administrator of the Centers for Medicare & Medicaid Services
(CMS), Dr. Mehmet Oz, 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. 2026-06508 Filed 4-2-26; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on April 3, 2026.
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