82 FR 48817 - Medicare and Medicaid Programs; Application by Community Health Accreditation Partner for Continued CMS Approval of Its Home Health Agency Accreditation Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48817-48818
FR Document		2017-22812

This proposed notice acknowledges the receipt of an application from the Community Health Accreditation Partner (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.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48817-48818]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-22812]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3349-PN]

Medicare and Medicaid Programs; Application by Community Health
Accreditation Partner for Continued CMS Approval of Its Home Health
Agency 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 an
application from the Community Health Accreditation Partner (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, no later than 5 p.m. on November 20,
2017.

ADDRESSES: In commenting, please refer to file code CMS-3349-PN.
Because of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
You may submit comments in one of four ways (please choose only one
of the ways listed):
1. Electronically. You may submit electronic comments on this
regulation to http://www.regulations.gov.
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-3349-PN, P.O. Box 8016,
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-3349-PN, Mail
Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
4. By hand or courier. If you prefer, you may deliver (by hand or
courier) your written comments before the close of the comment period
to either of the following addresses:
a. For delivery in Washington, DC--Centers for Medicare & Medicaid
Services, Department of Health and Human Services, Room 445-G, Hubert
H. Humphrey Building, 200 Independence Avenue SW., Washington, DC
20201.
(Because access to the interior of the Hubert H. Humphrey Building
is not readily available to persons without Federal government
identification, commenters are encouraged to leave their comments in
the CMS drop slots located in the main lobby of the building. A stamp-
in clock is available for persons wishing to retain a proof of filing
by stamping in and retaining an extra copy of the comments being
filed.)
b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid
Services, Department of Health and Human Services, 7500 Security
Boulevard, Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address,
please call telephone number (410) 786-7195 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment
period.
For information on viewing public comments, see the beginning of
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT:
Lillian Williams, (410) 786-8636.
Patricia Chmielewski, (410) 786-6899.

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 Web
site as soon as possible after they have been received: http://www.regulations.gov. Follow the search instructions on that Web site to
view public comments.
Comments received timely will also be available for public
inspection as they are received, generally beginning approximately 3
weeks after publication of a document, at the headquarters of the
Centers for Medicare & Medicaid Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an appointment to view public comments,
phone 1-800-743-3951.

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 entities
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

[[Page 48818]]

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 its accreditation program every 6 years or sooner
as determined by CMS.
The Community Health Accreditation Partner's (CHAP'S) term of
approval for their HHA accreditation program expires March 31, 2018.

II. Approval of Accreditation Organizations

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 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 for participation
(CoPs) for HHAs.

III. Evaluation of Accreditation Organization 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 August 25, 2017. 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:
The equivalency of CHAP's standards for HHAs as compared
with CMS' HHA CoPs.
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 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
Management and Budget under the authority of the Paperwork Reduction
Act of 1955 (44 U.S.C. Chapter 35).

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 notice,
and, we will respond to the comments in the preamble to that document.

Dated: October 6, 2017.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2017-22812 Filed 10-19-17; 8:45 am]
BILLING CODE 4120-01-P

48818 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

accrediting organization is voluntary the Medicare conditions for as we may require (including corrective
and is not required for Medicare participation (CoPs) for HHAs. action plans).
participation.
III. Evaluation of Accreditation IV. Collection of Information
If an accrediting organization is Organization Request Requirements
recognized by the Secretary of Health
and Human Services as having CHAP submitted all the necessary This document does not impose
standards for accreditation that meet or materials to enable us to make a information collection requirements,
exceed Medicare requirements, any determination concerning its request for that is reporting, recordkeeping or third-
provider entity accredited by the continued approval of its HHA party disclosure requirements.
national accrediting body’s approved accreditation program. This application Consequently, there is no need for
program would be deemed to meet the was determined to be complete on review by the Office Management and
Medicare conditions. A national August 25, 2017. Under section Budget under the authority of the
accrediting organization applying for 1865(a)(2) of the Act and our regulations Paperwork Reduction Act of 1955 (44
CMS approval of their accreditation at § 488.5 (Application and re- U.S.C. Chapter 35).
program under 42 CFR part 488, subpart application procedures for national V. Response to Comments
A must provide CMS with reasonable accrediting organizations), our review
assurance that the accrediting and evaluation of CHAP will be Because of the large number of public
organization requires the accredited conducted in accordance with, but not comments we normally receive on
provider entities to meet requirements necessarily limited to, the following Federal Register documents, we are not
that are at least as stringent as the factors: able to acknowledge or respond to them
Medicare conditions. Our regulations • The equivalency of CHAP’s individually. We will consider all
concerning the approval of accrediting standards for HHAs as compared with comments we receive by the date and
organizations are set forth at § 488.5. CMS’ HHA CoPs. time specified in the DATES section of
The regulations at § 488.5(e)(2)(i) • CHAP’s survey process to this notice, and, we will respond to the
require accrediting organizations to determine the following: comments in the preamble to that
reapply for continued approval of its ++ The composition of the survey document.
accreditation program every 6 years or team, surveyor qualifications, and the Dated: October 6, 2017.
sooner as determined by CMS. ability of the organization to provide Seema Verma,
The Community Health Accreditation continuing surveyor training. Administrator, Centers for Medicare &
Partner’s (CHAP’S) term of approval for ++ The comparability of CHAP’s Medicaid Services.
their HHA accreditation program processes to those of state agencies, [FR Doc. 2017–22812 Filed 10–19–17; 8:45 am]
expires March 31, 2018. including survey frequency, and the BILLING CODE 4120–01–P
ability to investigate and respond
II. Approval of Accreditation appropriately to complaints against
Organizations accredited HHAs. DEPARTMENT OF HEALTH AND
Section 1865(a)(2) of the Act and our ++ CHAP’s processes and procedures HUMAN SERVICES
regulations at § 488.5 require that our for monitoring HHAs found out of
findings concerning review and compliance with CHAP’s program Administration for Children and
approval of a national accrediting requirements. These monitoring Families
organization’s requirements consider, procedures are used only when CHAP
among other factors, the applying identifies noncompliance. If Proposed Information Collection
accrediting organization’s requirements noncompliance is identified through Activity; Comment Request
for accreditation; survey procedures; validation reviews or complaint Title: Prenatal Alcohol and Other
resources for conducting required surveys, the state survey agency Drug Exposures in Child Welfare
surveys; capacity to furnish information monitors corrections as specified at (PAODE–CW) Study.
for use in enforcement activities; § 488.9(c). OMB No.: New Collection.
monitoring procedures for provider ++ CHAP’s capacity to report Description: The Administration for
entities found not in compliance with deficiencies to the surveyed HHAs and Children and Families (ACF), U.S.
the conditions or requirements; and respond to the HHA’s plan of correction Department of Health and Human
ability to provide us with the necessary in a timely manner. Services (HHS) is proposing a data
data for validation. ++ CHAP’s capacity to provide us collection activity as part of the Prenatal
Section 1865(a)(3)(A) of the Act with electronic data, and reports Alcohol and Other Drug Exposures in
further requires that we publish, within necessary for effective validation and Child Welfare (PAODE–CW) Study. The
60 days of receipt of an organization’s assessment of the organization’s survey study examines the current state of
complete application, a notice process. child welfare practice regarding the
identifying the national accrediting ++ The adequacy of CHAP’s staff and identification and provision of services
body making the request, describing the other resources, and its financial for children with prenatal substance
nature of the request, and providing at viability. exposures, including alcohol and other
least a 30-day public comment period. ++ CHAP’s capacity to adequately drugs.
We have 210 days from the receipt of a fund required surveys. The descriptive study will document
complete application to publish notice ++ CHAP’s policies with respect to the policies and practices of child
srobinson on DSKBC5CHB2PROD with NOTICES

of approval or denial of the application. whether surveys are announced or welfare agencies and related
The purpose of this proposed notice unannounced, to assure that surveys are organizations to identify, assess, and
is to inform the public of CHAP’s unannounced. refer to services children who may have
request for continued approval for its ++ CHAP’s agreement to provide us been exposed to prenatal substances
HHA accreditation program. This notice with a copy of the most current and/or diagnosed with a resulting
also solicits public comment on whether accreditation survey together with any condition such as fetal alcohol spectrum
CHAP’s requirements meet or exceed other information related to the survey disorders (FASD). The study will

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Document Created: 2017-10-20 00:06:17
Document Modified: 2017-10-20 00:06:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Proposed notice.
Dates		To be assured consideration, comments must be received at one of
Contact		Lillian Williams, (410) 786-8636. Patricia Chmielewski, (410) 786-6899.
FR Citation		82 FR 48817

82 FR 48817 - Medicare and Medicaid Programs; Application by Community Health Accreditation Partner for Continued CMS Approval of Its Home Health Agency Accreditation Program

DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services

Federal Register Volume 82, Issue 202 (October 20, 2017)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services