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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Indexed from Federal Register on April 3, 2026.

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