83_FR_16936 83 FR 16862 - Medicare and Medicaid Program; Application From DNV GL-Healthcare (DNV GL) for Continued Approval of Its Hospital Accreditation Program

83 FR 16862 - Medicare and Medicaid Program; Application From DNV GL-Healthcare (DNV GL) for Continued Approval of Its Hospital Accreditation Program

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

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range16862-16863
FR Document2018-07982

This proposed notice acknowledges the receipt of an application from DNV GL--Healthcare for continued recognition as a national accrediting organization for hospitals that wish to participate in the Medicare or Medicaid programs. The statute requires that we 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.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16862-16863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07982]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3357-PN]


Medicare and Medicaid Program; Application From DNV GL--
Healthcare (DNV GL) for Continued Approval of Its Hospital 
Accreditation Program

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

ACTION: Notice with request for comment.

-----------------------------------------------------------------------

SUMMARY: This proposed notice acknowledges the receipt of an 
application from DNV GL--Healthcare for continued recognition as a 
national accrediting organization for hospitals that wish to 
participate in the Medicare or Medicaid programs. The statute requires 
that we 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.

DATES: To be assured consideration, comments must be received at one of 
the addresses provided below, no later than 5 p.m. on May 17, 2018.

ADDRESSES: In commenting, refer to file code CMS-3357-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 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-3357-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-3357-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: Karena Meushaw (410) 786-6609, 
Patricia Chmielewski, (410) 786-6899 or Monda Shaver, (410) 786-3410.

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: http://www.regulations.gov. Follow the search instructions on that website to 
view public comments.

I. Background

    Under the Medicare program, eligible beneficiaries may receive 
covered services from a hospital, provided that certain requirements 
are met. Section 1861(e) of the Social Security Act (the Act), 
establishes distinct criteria for facilities seeking designation as a 
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 part 482 specify the minimum conditions that a hospital must 
meet to participate in the Medicare program.
    Generally, to enter into an agreement, a hospital must first be 
certified by a state survey agency as complying with the conditions or 
requirements set forth in part 482 of our regulations. Thereafter, the 
hospital is subject to regular surveys by a state survey agency to 
determine whether it continues to meet these requirements. There is an 
alternative; however, 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 may deem those provider entities as having met the 
requirements. Accreditation by an accrediting organization is voluntary 
and is not required for Medicare participation.
    If an accrediting organization 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 may be deemed to meet the Medicare conditions. A 
national accrediting organization applying for approval of its 
accreditation program under part 488, subpart A, must provide the 
Centers for Medicare and Medicaid Services (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

[[Page 16863]]

sooner as determined by CMS. DNV GL--Healthcare (DNV GL) current term 
of approval for their hospital accreditation program expires September 
26, 2018.

II. Provisions of the Proposed Notice

A. Approval of Deeming 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 DNV 
GL's request for continued approval of its hospital accreditation 
program. This notice also solicits public comment on whether DNV GL's 
requirements meet or exceed the Medicare conditions of participation 
(CoPs) for hospitals.

B. Evaluation of Deeming Authority Request

    DNV GL submitted all the necessary materials to enable us to make a 
determination concerning its request for continued approval of its 
hospital accreditation program. This application was determined to be 
complete on February 28, 2018. 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 DNV GL will be conducted in accordance with, but not 
necessarily limited to, the following factors:
     The equivalency of DNV GL's standards for hospitals as 
compared with CMS' hospital CoPs.
     DNV GL'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 DNV GL's processes to those of state 
agencies, including survey frequency, and the ability to investigate 
and respond appropriately to complaints against accredited facilities.
    ++ DNV GL's processes and procedures for monitoring a hospital 
found out of compliance with the DNV GL's program requirements. These 
monitoring procedures are used only when the DNV GL 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).
    ++ DNV GL's capacity to report deficiencies to the surveyed 
facilities and respond to the facility's plan of correction in a timely 
manner.
    ++ DNV GL'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 GL's staff and other resources, and its 
financial viability.
    ++ DNV GL's capacity to adequately fund required surveys.
    ++ DNV GL's policies with respect to whether surveys are announced 
or unannounced, to assure that surveys are unannounced.
    ++ DNV GL'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).

C. Notice Upon Completion of Evaluation

    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.

III. 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. Chapter 35).

IV. 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.

    Dated: April 9, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2018-07982 Filed 4-16-18; 8:45 am]
 BILLING CODE 4120-01-P



                                               16862                                    Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                                                                                          ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                                                  Average
                                                                                                                                                                                                    Number of
                                                                                                                                                                         Number of                                              burden per              Total burden
                                                          Type of respondents                                                Form name                                                            responses per
                                                                                                                                                                        respondents                                              response                (in hours)
                                                                                                                                                                                                    respondent                   (in hours)

                                               Food Workers ...................................          EHS-Net Food Worker Recruiting                                              4,000                              1                   20/60              1,333
                                                                                                          Screener, Informed Consent and
                                                                                                          Interview.
                                               HD staff .............................................    EHS-Net Restaurant Observation ....                                             400                            1                  30/60                 200

                                                     Total ...........................................   ...........................................................   ........................   ........................   ........................          1,777



                                               Leroy A. Richardson,                                                       1. Electronically. You may submit                                           489 and those pertaining to activities
                                               Chief, Information Collection Review Office,                             electronic comments on this regulation                                        relating to the survey and certification
                                               Office of Scientific Integrity, Office of the                            to http://www.regulations.gov. Follow                                         of facilities are at 42 CFR part 488. The
                                               Associate Director for Science, Office of the                            the ‘‘Submit a comment’’ instructions.                                        regulations at 42 CFR part 482 specify
                                               Director, Centers for Disease Control and                                  2. By regular mail. You may mail                                            the minimum conditions that a hospital
                                               Prevention.                                                              written comments to the following                                             must meet to participate in the Medicare
                                               [FR Doc. 2018–08007 Filed 4–16–18; 8:45 am]                              address ONLY: Centers for Medicare &                                          program.
                                               BILLING CODE 4163–18–P                                                   Medicaid Services, Department of                                                 Generally, to enter into an agreement,
                                                                                                                        Health and Human Services, Attention:                                         a hospital must first be certified by a
                                                                                                                        CMS–3357–PN, P.O. Box 8016,                                                   state survey agency as complying with
                                               DEPARTMENT OF HEALTH AND                                                 Baltimore, MD 21244–8010.                                                     the conditions or requirements set forth
                                               HUMAN SERVICES                                                             Please allow sufficient time for mailed                                     in part 482 of our regulations.
                                                                                                                        comments to be received before the                                            Thereafter, the hospital is subject to
                                               Centers for Medicare & Medicaid                                          close of the comment period.                                                  regular surveys by a state survey agency
                                               Services                                                                   3. By express or overnight mail. You                                        to determine whether it continues to
                                                                                                                        may send written comments to the                                              meet these requirements. There is an
                                               [CMS–3357–PN]                                                            following address ONLY: Centers for                                           alternative; however, to surveys by state
                                                                                                                        Medicare & Medicaid Services,                                                 agencies.
                                               Medicare and Medicaid Program;                                           Department of Health and Human                                                   Section 1865(a)(1) of the Act provides
                                               Application From DNV GL—Healthcare                                       Services, Attention: CMS–3357–PN,                                             that, if a provider entity demonstrates
                                               (DNV GL) for Continued Approval of Its                                   Mail Stop C4–26–05, 7500 Security                                             through accreditation by an approved
                                               Hospital Accreditation Program                                           Boulevard, Baltimore, MD 21244–1850.                                          national accrediting organization that all
                                                                                                                          For information on viewing public                                           applicable Medicare conditions are met
                                               AGENCY: Centers for Medicare &
                                                                                                                        comments, see the beginning of the                                            or exceeded, we may deem those
                                               Medicaid Services (CMS), HHS.
                                                                                                                        SUPPLEMENTARY INFORMATION section.                                            provider entities as having met the
                                               ACTION: Notice with request for
                                                                                                                        FOR FURTHER INFORMATION CONTACT:                                              requirements. Accreditation by an
                                               comment.                                                                 Karena Meushaw (410) 786–6609,                                                accrediting organization is voluntary
                                               SUMMARY:    This proposed notice                                         Patricia Chmielewski, (410) 786–6899 or                                       and is not required for Medicare
                                               acknowledges the receipt of an                                           Monda Shaver, (410) 786–3410.                                                 participation.
                                               application from DNV GL—Healthcare                                       SUPPLEMENTARY INFORMATION:                                                       If an accrediting organization is
                                                                                                                          Inspection of Public Comments: All                                          recognized by the Secretary of the
                                               for continued recognition as a national
                                                                                                                        comments received before the close of                                         Department of Health and Human
                                               accrediting organization for hospitals
                                                                                                                        the comment period are available for                                          Services (the Secretary) as having
                                               that wish to participate in the Medicare
                                                                                                                        viewing by the public, including any                                          standards for accreditation that meet or
                                               or Medicaid programs. The statute
                                                                                                                        personally identifiable or confidential                                       exceed Medicare requirements, any
                                               requires that we publish, within 60 days
                                                                                                                        business information that is included in                                      provider entity accredited by the
                                               of receipt of an organization’s complete
                                                                                                                        a comment. We post all comments                                               national accrediting body’s approved
                                               application, a notice that identifies the
                                                                                                                        received before the close of the                                              program may be deemed to meet the
                                               national accrediting body making the
                                                                                                                        comment period on the following                                               Medicare conditions. A national
                                               request, describes the nature of the
                                                                                                                        website as soon as possible after they                                        accrediting organization applying for
                                               request, and provides at least a 30-day                                                                                                                approval of its accreditation program
                                               public comment period.                                                   have been received: http://
                                                                                                                        www.regulations.gov. Follow the search                                        under part 488, subpart A, must provide
                                               DATES: To be assured consideration,                                                                                                                    the Centers for Medicare and Medicaid
                                                                                                                        instructions on that website to view
                                               comments must be received at one of                                      public comments.                                                              Services (CMS) with reasonable
                                               the addresses provided below, no later                                                                                                                 assurance that the accrediting
                                               than 5 p.m. on May 17, 2018.                                             I. Background                                                                 organization requires the accredited
                                               ADDRESSES: In commenting, refer to file                                     Under the Medicare program, eligible                                       provider entities to meet requirements
                                               code CMS–3357–PN. Because of staff                                       beneficiaries may receive covered                                             that are at least as stringent as the
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                                               and resource limitations, we cannot                                      services from a hospital, provided that                                       Medicare conditions. Our regulations
                                               accept comments by facsimile (FAX)                                       certain requirements are met. Section                                         concerning the approval of accrediting
                                               transmission.                                                            1861(e) of the Social Security Act (the                                       organizations are set forth at § 488.5.
                                                  Comments, including mass comment                                      Act), establishes distinct criteria for                                       The regulations at § 488.5(e)(2)(i)
                                               submissions, must be submitted in one                                    facilities seeking designation as a                                           require accrediting organizations to
                                               of the following three ways (please                                      hospital. Regulations concerning                                              reapply for continued approval of its
                                               choose only one of the ways listed):                                     provider agreements are at 42 CFR part                                        accreditation program every 6 years or


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                                 16863

                                               sooner as determined by CMS. DNV                        ability of the organization to provide                able to acknowledge or respond to them
                                               GL—Healthcare (DNV GL) current term                     continuing surveyor training.                         individually. We will consider all
                                               of approval for their hospital                             ++ The comparability of DNV GL’s                   comments we receive by the date and
                                               accreditation program expires                           processes to those of state agencies,                 time specified in the DATES section of
                                               September 26, 2018.                                     including survey frequency, and the                   this preamble, and, when we proceed
                                                                                                       ability to investigate and respond                    with a subsequent document, we will
                                               II. Provisions of the Proposed Notice                   appropriately to complaints against                   respond to the comments in the
                                               A. Approval of Deeming Organizations                    accredited facilities.                                preamble to that document.
                                                                                                          ++ DNV GL’s processes and                            Dated: April 9, 2018.
                                                  Section 1865(a)(2) of the Act and our
                                                                                                       procedures for monitoring a hospital
                                               regulations at § 488.5 require that our                                                                       Seema Verma,
                                                                                                       found out of compliance with the DNV
                                               findings concerning review and                                                                                Administrator, Centers for Medicare &
                                                                                                       GL’s program requirements. These
                                               approval of a national accrediting                                                                            Medicaid Services.
                                                                                                       monitoring procedures are used only
                                               organization’s requirements consider,                                                                         [FR Doc. 2018–07982 Filed 4–16–18; 8:45 am]
                                                                                                       when the DNV GL identifies
                                               among other factors, the applying                                                                             BILLING CODE 4120–01–P
                                                                                                       noncompliance. If noncompliance is
                                               accrediting organization’s requirements
                                                                                                       identified through validation reviews or
                                               for accreditation; survey procedures;
                                                                                                       complaint surveys, the state survey
                                               resources for conducting required                                                                             DEPARTMENT OF HEALTH AND
                                                                                                       agency monitors corrections as specified
                                               surveys; capacity to furnish information                                                                      HUMAN SERVICES
                                                                                                       at § 488.9(c).
                                               for use in enforcement activities;
                                                                                                          ++ DNV GL’s capacity to report                     Food and Drug Administration
                                               monitoring procedures for provider
                                                                                                       deficiencies to the surveyed facilities
                                               entities found not in compliance with
                                                                                                       and respond to the facility’s plan of
                                               the conditions or requirements; and                                                                           [Docket No. FDA–2014–N–2294]
                                                                                                       correction in a timely manner.
                                               ability to provide us with the necessary                   ++ DNV GL’s capacity to provide CMS
                                               data for validation.                                                                                          Agency Information Collection
                                                                                                       with electronic data and reports
                                                  Section 1865(a)(3)(A) of the Act                                                                           Activities; Submission for Office of
                                                                                                       necessary for effective validation and
                                               further requires that we publish, within                                                                      Management and Budget Review;
                                                                                                       assessment of the organization’s survey
                                               60 days of receipt of an organization’s                                                                       Comment Request; Evaluation of the
                                                                                                       process.
                                               complete application, a notice                                                                                Fresh Empire Campaign on Tobacco
                                                                                                          ++ The adequacy of DNV GL’s staff
                                               identifying the national accrediting                    and other resources, and its financial                AGENCY:    Food and Drug Administration,
                                               body making the request, describing the                 viability.                                            HHS.
                                               nature of the request, and providing at                    ++ DNV GL’s capacity to adequately
                                               least a 30-day public comment period.                                                                         ACTION:   Notice.
                                                                                                       fund required surveys.
                                               We have 210 days from the receipt of a                     ++ DNV GL’s policies with respect to               SUMMARY:   The Food and Drug
                                               complete application to publish notice                  whether surveys are announced or                      Administration (FDA) is announcing
                                               of approval or denial of the application.               unannounced, to assure that surveys are               that a proposed collection of
                                                  The purpose of this proposed notice                  unannounced.                                          information has been submitted to the
                                               is to inform the public of DNV GL’s                        ++ DNV GL’s agreement to provide                   Office of Management and Budget
                                               request for continued approval of its                   CMS with a copy of the most current                   (OMB) for review and clearance under
                                               hospital accreditation program. This                    accreditation survey together with any                the Paperwork Reduction Act of 1995
                                               notice also solicits public comment on                  other information related to the survey               (the PRA).
                                               whether DNV GL’s requirements meet or                   as we may require (including corrective
                                               exceed the Medicare conditions of                                                                             DATES: Fax written comments on the
                                                                                                       action plans).                                        collection of information by May 17,
                                               participation (CoPs) for hospitals.
                                                                                                       C. Notice Upon Completion of                          2018.
                                               B. Evaluation of Deeming Authority                      Evaluation
                                               Request                                                                                                       ADDRESSES:   To ensure that comments on
                                                                                                         Upon completion of our evaluation,                  the information collection are received,
                                                  DNV GL submitted all the necessary                   including evaluation of public                        OMB recommends that written
                                               materials to enable us to make a                        comments received as a result of this                 comments be faxed to the Office of
                                               determination concerning its request for                notice, we will publish a final notice in             Information and Regulatory Affairs,
                                               continued approval of its hospital                      the Federal Register announcing the                   OMB, Attn: FDA Desk Officer, Fax: 202–
                                               accreditation program. This application                 result of our evaluation.                             395–7285, or emailed to oira_
                                               was determined to be complete on                                                                              submission@omb.eop.gov. All
                                               February 28, 2018. Under section                        III. Collection of Information                        comments should be identified with the
                                               1865(a)(2) of the Act and our regulations               Requirements                                          OMB control number 0910–0788. Also
                                               at § 488.5 (Application and re-                           This document does not impose                       include the FDA docket number found
                                               application procedures for national                     information collection requirements,                  in brackets in the heading of this
                                               accrediting organizations), our review                  that is, reporting, recordkeeping or                  document.
                                               and evaluation of DNV GL will be                        third-party disclosure requirements.
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               conducted in accordance with, but not                   Consequently, there is no need for
                                               necessarily limited to, the following                                                                         Amber Sanford, Office of Operations,
                                                                                                       review by the Office of Management and
                                               factors:                                                                                                      Food and Drug Administration, Three
                                                                                                       Budget under the authority of the
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                                                  • The equivalency of DNV GL’s                                                                              White Flint North, 10A–12M, 11601
                                                                                                       Paperwork Reduction Act of 1995 (44
                                               standards for hospitals as compared                                                                           Landsdown St., North Bethesda, MD
                                                                                                       U.S.C. Chapter 35).
                                               with CMS’ hospital CoPs.                                                                                      20852, 301–796–8867, PRAStaff@
                                                  • DNV GL’s survey process to                         IV. Response to Comments                              fda.hhs.gov.
                                               determine the following:                                  Because of the large number of public               SUPPLEMENTARY INFORMATION:   In
                                                  ++ The composition of the survey                     comments we normally receive on                       compliance with 44 U.S.C. 3507, FDA
                                               team, surveyor qualifications, and the                  Federal Register documents, we are not                has submitted the following proposed


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Document Created: 2018-04-17 02:52:01
Document Modified: 2018-04-17 02:52:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice with request for comment.
DatesTo be assured consideration, comments must be received at one of
ContactKarena Meushaw (410) 786-6609, Patricia Chmielewski, (410) 786-6899 or Monda Shaver, (410) 786-3410.
FR Citation83 FR 16862 

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