83_FR_28108 83 FR 27992 - Medicare and Medicaid Programs: Application From the Community Health Accreditation Partner for Continued CMS Approval of Its Hospice Accreditation Program

83 FR 27992 - Medicare and Medicaid Programs: Application From the Community Health Accreditation Partner for Continued CMS Approval of Its Hospice Accreditation Program

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

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range27992-27993
FR Document2018-12840

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 hospices that wish to participate in the Medicare or Medicaid programs.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27992-27993]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12840]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[CMS-3360-PN]


Medicare and Medicaid Programs: Application From the Community 
Health Accreditation Partner for Continued CMS Approval of Its Hospice 
Accreditation Program

AGENCY: Centers for Medicare and Medicaid Services, HHS.

ACTION: Proposed notice.

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

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 
hospices that wish to participate in the Medicare or Medicaid programs.

DATES: To be assured consideration, comments must be received at one of 
the addresses provided below, no later than 5 p.m. on July 16, 2018.

ADDRESSES: In commenting, please refer to file code CMS-3360-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-3360-PN, P.O. Box 8010, 
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-3360-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: Lillian Williams, (410) 786-8636, 
Monda Shaver, (410) 786-3410, or Marie Vasbinder, (410) 786-8665.

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 in a hospice provided certain requirements are met by 
the hospice. Sections 1861(dd) of the Social Security Act (the Act) 
establishes distinct criteria for facilities seeking designation as a 
hospice. 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 418, specify the conditions that a hospice must meet in 
order to participate in the Medicare program, the scope of covered 
services and the conditions for Medicare payment for hospices.
    Generally, to enter into an agreement, a hospice must first be 
certified by a State survey agency as complying with the conditions or 
requirements set forth in part 418. Thereafter, the hospice 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 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 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 deeming authority under part 488, subpart A, 
must provide the Centers for Medicare & Medicaid Services (CMS) with 
reasonable assurance that the

[[Page 27993]]

accrediting organization requires the accredited provider entities to 
meet requirements that are at least as stringent as the Medicare 
conditions. Our regulations concerning the reapproval 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 deeming authority every 6 years or sooner as we determine.
    The Community Health Accreditation Partner's (CHAP's) term of 
approval for its hospice accreditation program expires November 20, 
2018.

II. 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 CMS 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 CMS approval of its hospice accreditation 
program. This notice also solicits public comment on whether CHAP's 
requirements meet or exceed the Medicare conditions for participation 
for hospices.

III. Evaluation of Deeming Authority Request

    CHAP submitted all the necessary materials to enable us to make a 
determination concerning its request for continued approval of its 
hospice accreditation program. This application was determined to be 
complete on April 24, 2018. Under section 1865(a)(2) of the Act and our 
regulations at Sec.  488.5 (Application and re-application procedures 
for national 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 hospices as 
compared with CMS' hospice conditions of participation.
     CHAP's survey process to determine the following:
    ++ CHAP's composition of the survey team, surveyor qualifications, 
and the ability of the organization to provide continuing surveyor 
training.
    ++ CHAP's processes compared to those of State agencies, including 
survey frequency, and the ability to investigate and respond 
appropriately to complaints against accredited facilities.
    ++ CHAP's processes and procedures for monitoring a hospice 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, the State 
survey agency monitors corrections as specified at Sec.  488.9(c).
    ++ CHAP's capacity to report deficiencies to the surveyed 
facilities and respond to the facility's plan of correction in a timely 
manner.
    ++ CHAP's capacity to provide CMS with electronic data, and reports 
necessary for effective validation and assessment of the organization's 
survey process.
    ++ CHAP's staff adequacy 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 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).
    Upon completion of our evaluation, including evaluation of comments 
received as a result of this proposed 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. 3501 et seq.).

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: May 29, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2018-12840 Filed 6-14-18; 8:45 am]
 BILLING CODE 4120-01-P



                                                27992                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                DEPARTMENT OF HEALTH AND                                DEPARTMENT OF HEALTH AND                               received before the close of the
                                                HUMAN SERVICES                                          HUMAN SERVICES                                         comment period are available for
                                                                                                                                                               viewing by the public, including any
                                                Centers for Disease Control and                         Centers for Medicare and Medicaid                      personally identifiable or confidential
                                                Prevention                                              Services                                               business information that is included in
                                                                                                        [CMS–3360–PN]                                          a comment. We post all comments
                                                [CDC–2018–0007; Docket Number NIOSH–                                                                           received before the close of the
                                                307]                                                    Medicare and Medicaid Programs:                        comment period on the following
                                                                                                        Application From the Community                         website as soon as possible after they
                                                Final National Occupational Research                    Health Accreditation Partner for                       have been received: http://
                                                Agenda for Agriculture, Forestry, and                   Continued CMS Approval of Its                          www.regulations.gov. Follow the search
                                                Fishing                                                 Hospice Accreditation Program                          instructions on that website to view
                                                                                                                                                               public comments.
                                                                                                        AGENCY:  Centers for Medicare and
                                                AGENCY:  National Institute for                         Medicaid Services, HHS.                                I. Background
                                                Occupational Safety and Health
                                                                                                        ACTION: Proposed notice.                                  Under the Medicare program, eligible
                                                (NIOSH) of the Centers for Disease                                                                             beneficiaries may receive covered
                                                Control and Prevention (CDC),                           SUMMARY:    This proposed notice                       services in a hospice provided certain
                                                Department of Health and Human                          acknowledges the receipt of an                         requirements are met by the hospice.
                                                Services (HHS).                                         application from the Community Health                  Sections 1861(dd) of the Social Security
                                                                                                        Accreditation Partner (CHAP) for                       Act (the Act) establishes distinct criteria
                                                ACTION:   Notice of availability.                       continued recognition as a national                    for facilities seeking designation as a
                                                                                                        accrediting organization for hospices                  hospice. Regulations concerning
                                                SUMMARY:   NIOSH announces the                          that wish to participate in the Medicare               provider agreements are at 42 CFR part
                                                availability of the final National                      or Medicaid programs.                                  489 and those pertaining to activities
                                                Occupational Research Agenda for                        DATES: To be assured consideration,                    relating to the survey and certification
                                                Agriculture, Forestry, and Fishing.                     comments must be received at one of                    of facilities are at 42 CFR part 488. The
                                                DATES: The final document was                           the addresses provided below, no later                 regulations at 42 CFR part 418, specify
                                                published on June 8, 2018.                              than 5 p.m. on July 16, 2018.                          the conditions that a hospice must meet
                                                                                                        ADDRESSES: In commenting, please refer                 in order to participate in the Medicare
                                                ADDRESSES:   The document may be                        to file code CMS–3360–PN. Because of                   program, the scope of covered services
                                                obtained at the following link: https://                staff and resource limitations, we cannot              and the conditions for Medicare
                                                www.cdc.gov/niosh/nora/councils/agff/                   accept comments by facsimile (FAX)                     payment for hospices.
                                                research.html.                                          transmission.                                             Generally, to enter into an agreement,
                                                                                                           Comments, including mass comment                    a hospice must first be certified by a
                                                FOR FURTHER INFORMATION CONTACT:                        submissions, must be submitted in one                  State survey agency as complying with
                                                Emily Novicki, M.A., M.P.H,                             of the following three ways (please                    the conditions or requirements set forth
                                                (NORACoordinator@cdc.gov), National                     choose only one of the ways listed):                   in part 418. Thereafter, the hospice is
                                                Institute for Occupational Safety and                      1. Electronically. You may submit                   subject to regular surveys by a State
                                                Health, Centers for Disease Control and                 electronic comments on this regulation                 survey agency to determine whether it
                                                Prevention, Mailstop E–20, 1600 Clifton                 to http://www.regulations.gov. Follow                  continues to meet these requirements.
                                                Road NE, Atlanta, GA 30329, phone                       the ‘‘Submit a comment’’ instructions.                    However, there is an alternative to
                                                (404) 498–2581 (not a toll free number).                   2. By regular mail. You may mail                    surveys by state agencies. Section
                                                                                                        written comments to the following                      1865(a)(1) of the Act provides that, if a
                                                SUPPLEMENTARY INFORMATION:     On                       address ONLY: Centers for Medicare &                   provider entity demonstrates through
                                                January 17, 2018, NIOSH published a                     Medicaid Services, Department of                       accreditation by an approved national
                                                request for public review in the Federal                Health and Human Services, Attention:                  accrediting organization that all
                                                Register [83 FR 2447] of the draft                      CMS–3360–PN, P.O. Box 8010,                            applicable Medicare conditions are met
                                                version of the National Occupational                    Baltimore, MD 21244–8010.                              or exceeded, we will deem those
                                                Research Agenda for Agriculture,                           Please allow sufficient time for mailed             provider entities as having met the
                                                Forestry, and Fishing. The comment                      comments to be received before the                     requirements. Accreditation by an
                                                received expressed support for the                      close of the comment period.                           accrediting organization is voluntary
                                                Agenda.                                                    3. By express or overnight mail. You                and is not required for Medicare
                                                                                                        may send written comments to the                       participation.
                                                  Dated: June 11, 2018.
                                                                                                        following address ONLY: Centers for                       If an accrediting organization is
                                                Frank J. Hearl,                                         Medicare & Medicaid Services,                          recognized by the Secretary of the
                                                Chief of Staff, National Institute for                  Department of Health and Human                         Department of Health and Human
                                                Occupational Safety and Health, Centers for             Services, Attention: CMS–3360–PN,                      Services as having standards for
                                                Disease Control and Prevention.                         Mail Stop C4–26–05, 7500 Security                      accreditation that meet or exceed
                                                [FR Doc. 2018–12821 Filed 6–14–18; 8:45 am]             Boulevard, Baltimore, MD 21244–1850.                   Medicare requirements, any provider
                                                BILLING CODE 4163–19–P                                     For information on viewing public                   entity accredited by the national
                                                                                                        comments, see the beginning of the                     accrediting body’s approved program
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                                                                                                        SUPPLEMENTARY INFORMATION section.                     would be deemed to meet the Medicare
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       conditions. A national accrediting
                                                                                                        Lillian Williams, (410) 786–8636,                      organization applying for deeming
                                                                                                        Monda Shaver, (410) 786–3410, or                       authority under part 488, subpart A,
                                                                                                        Marie Vasbinder, (410) 786–8665.                       must provide the Centers for Medicare
                                                                                                        SUPPLEMENTARY INFORMATION: Inspection                  & Medicaid Services (CMS) with
                                                                                                        of Public Comments: All comments                       reasonable assurance that the


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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                                  27993

                                                accrediting organization requires the                      • The equivalency of CHAP’s                         Federal Register documents, we are not
                                                accredited provider entities to meet                    standards for hospices as compared                     able to acknowledge or respond to them
                                                requirements that are at least as                       with CMS’ hospice conditions of                        individually. We will consider all
                                                stringent as the Medicare conditions.                   participation.                                         comments we receive by the date and
                                                Our regulations concerning the                             • CHAP’s survey process to                          time specified in the DATES section of
                                                reapproval of accrediting organizations                 determine the following:                               this preamble, and, when we proceed
                                                are set forth at § 488.5. The regulations                  ++ CHAP’s composition of the survey                 with a subsequent document, we will
                                                at § 488.5(e)(2)(i) require accrediting                 team, surveyor qualifications, and the                 respond to the comments in the
                                                organizations to reapply for continued                  ability of the organization to provide                 preamble to that document.
                                                deeming authority every 6 years or                      continuing surveyor training.
                                                                                                           ++ CHAP’s processes compared to                       Dated: May 29, 2018.
                                                sooner as we determine.
                                                                                                        those of State agencies, including survey              Seema Verma,
                                                   The Community Health Accreditation
                                                Partner’s (CHAP’s) term of approval for                 frequency, and the ability to investigate              Administrator, Centers for Medicare &
                                                its hospice accreditation program                       and respond appropriately to                           Medicaid Services.
                                                expires November 20, 2018.                              complaints against accredited facilities.              [FR Doc. 2018–12840 Filed 6–14–18; 8:45 am]
                                                                                                           ++ CHAP’s processes and procedures                  BILLING CODE 4120–01–P
                                                II. Approval of Deeming Organizations                   for monitoring a hospice found out of
                                                   Section 1865(a)(2) of the Act and our                compliance with CHAP’s program
                                                regulations at § 488.5 require that our                 requirements. These monitoring                         DEPARTMENT OF HEALTH AND
                                                findings concerning review and                          procedures are used only when CHAP                     HUMAN SERVICES
                                                approval of a national accrediting                      identifies noncompliance. If
                                                organization’s requirements consider,                   noncompliance is identified through                    Centers for Medicare & Medicaid
                                                among other factors, the applying                       validation reviews, the State survey                   Services
                                                accrediting organization’s requirements                 agency monitors corrections as specified               [CMS–3363–N]
                                                for accreditation; survey procedures;                   at § 488.9(c).
                                                resources for conducting required                          ++ CHAP’s capacity to report                        Medicare Program; Meeting of the
                                                surveys; capacity to furnish information                deficiencies to the surveyed facilities                Medicare Evidence Development and
                                                for use in enforcement activities;                      and respond to the facility’s plan of                  Coverage Advisory Committee—
                                                monitoring procedures for provider                      correction in a timely manner.                         August 22, 2018
                                                entities found not in compliance with                      ++ CHAP’s capacity to provide CMS
                                                                                                        with electronic data, and reports                      AGENCY: Centers for Medicare &
                                                the conditions or requirements; and
                                                                                                        necessary for effective validation and                 Medicaid Services (CMS), HHS.
                                                ability to provide CMS with the
                                                necessary data for validation.                          assessment of the organization’s survey                ACTION: Notice of meeting.
                                                   Section 1865(a)(3)(A) of the Act                     process.
                                                                                                           ++ CHAP’s staff adequacy and other                  SUMMARY:   This notice announces that a
                                                further requires that we publish within
                                                                                                        resources, and its financial viability.                public meeting of the Medicare
                                                60 days of receipt of an organization’s
                                                                                                           ++ CHAP’s capacity to adequately                    Evidence Development & Coverage
                                                complete application, a notice
                                                                                                        fund required surveys.                                 Advisory Committee (MEDCAC)
                                                identifying the national accrediting
                                                                                                           ++ CHAP’s policies with respect to                  (‘‘Committee’’) will be held on
                                                body making the request, describing the
                                                                                                        whether surveys are announced or                       Wednesday, August 22, 2018. This
                                                nature of the request, and providing at
                                                                                                        unannounced, to assure that surveys are                meeting will focus on the state of
                                                least a 30-day public comment period.
                                                                                                        unannounced.                                           evidence on Chimeric Antigen Receptor
                                                We have 210 days from the receipt of a                     ++ CHAP’s agreement to provide                      (CAR) T-cell therapies that are approved
                                                complete application to publish notice                  CMS with a copy of the most current                    by the Food and Drug Administration
                                                of approval or denial of the application.               accreditation survey together with any
                                                   The purpose of this proposed notice                                                                         (FDA). We are seeking the MEDCAC’s
                                                                                                        other information related to the survey                recommendations regarding collection
                                                is to inform the public of CHAP’s                       as we may require (including corrective
                                                request for continued CMS approval of                                                                          of patient reported outcomes (PRO) in
                                                                                                        action plans).                                         cancer clinical studies. The MEDCAC
                                                its hospice accreditation program. This                    Upon completion of our evaluation,
                                                notice also solicits public comment on                                                                         will specifically focus on appraisal of
                                                                                                        including evaluation of comments                       evidence-based PRO assessments to
                                                whether CHAP’s requirements meet or                     received as a result of this proposed
                                                exceed the Medicare conditions for                                                                             provide information that impacts
                                                                                                        notice, we will publish a final notice in              patients, their providers, and caregivers
                                                participation for hospices.                             the Federal Register announcing the                    after a CAR T-cell therapy intervention
                                                III. Evaluation of Deeming Authority                    result of our evaluation.                              for the patient’s cancer. This meeting is
                                                Request                                                 III. Collection of Information                         open to the public in accordance with
                                                   CHAP submitted all the necessary                     Requirements                                           the Federal Advisory Committee Act.
                                                materials to enable us to make a                           This document does not impose                       DATES:
                                                determination concerning its request for                information collection requirements,                      Meeting Date: The public meeting will
                                                continued approval of its hospice                       that is, reporting, recordkeeping or                   be held on Wednesday, August 22, 2018
                                                accreditation program. This application                 third-party disclosure requirements.                   from 7:30 a.m. until 4:30 p.m., Eastern
                                                was determined to be complete on April                  Consequently, there is no need for                     Daylight Time (EDT).
                                                24, 2018. Under section 1865(a)(2) of the                                                                         Deadline for Submission of Written
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                                                                                                        review by the Office of Management and
                                                Act and our regulations at § 488.5                      Budget under the authority of the                      Comments: Written comments must be
                                                (Application and re-application                         Paperwork Reduction Act of 1995 (44                    received at the address specified in the
                                                procedures for national organizations),                 U.S.C. 3501 et seq.).                                  ADDRESSES section of this notice by 5:00
                                                our review and evaluation of CHAP will                                                                         p.m., EDT, Monday, July 16, 2018. Once
                                                be conducted in accordance with, but                    IV. Response to Comments                               submitted, all comments are final.
                                                not necessarily limited to, the following                 Because of the large number of public                   Deadlines for Speaker Registration
                                                factors:                                                comments we normally receive on                        and Presentation Materials: The


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Document Created: 2018-11-02 12:01:21
Document Modified: 2018-11-02 12:01:21
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
ActionProposed notice.
DatesTo be assured consideration, comments must be received at one of
ContactLillian Williams, (410) 786-8636, Monda Shaver, (410) 786-3410, or Marie Vasbinder, (410) 786-8665.
FR Citation83 FR 27992 

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