26036 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 

individual health insurance market or 

Medigap market will be required to file 

with the Centers for Medicare & 

Medicaid Services (CMS). The Notice of 

Research Exception under the Genetic 

Information Nondiscrimination Act is a 

model notice that can be completed by 

group health plans and health insurance 

issuers and filed with either the 

Department of Labor or CMS to comply 

with the notification requirement. Form 

Number: CMS–10286 (OCN: 0938– 

1077); Frequency: On Occasion; 

Affected Public: state, Local, or Tribal 

Governments, Private Sector; Number of 

Respondents: 2; Number of Responses: 

2; Total Annual Hours: 0.5. (For policy 

questions regarding this collection, 

contact Usree Bandyopadhyay at 410– 

786–6650. For all other issues call (410) 

786–1326.) 

3. Type of Information Collection 

Request: Revision of a currently 

approved collection. Title of 

Information Collection: Parts C and D 

Complaints Resolution Performance 

Measures. Use: CMS seeks to conduct a 

survey as part of the Part C and D 

Complaints Resolution Performance 

Measure project. The purpose of the 

project is to develop and support 

implementation of internal monitoring 

tools for the Medicare Advantage (Part 

C) and Prescription Drug (Part D) 

program that represents, from the 

beneficiary’s perspective, the way in 

which plans handle complaints. The 

data collection is necessary because a 

survey is the only way to collect 

information about the resolution process 

from the beneficiary’s perspective. 

Currently, there is no other data source 

that collects such information for Part C 

and Part D Medicare plans. Form 

Number: CMS–10308 (OCN 0938–1107). 

Frequency: Yearly. Affected Public: 

Individuals or households. Number of 

Respondents: 18,210. Total Annual 

Responses: 18,210. Total Annual Hours: 

3,035. (For policy questions regarding 

this collection contact Carolyn Scott at 

410–786–1190. For all other issues call 

410–786–1326.) 

4. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Pre-Existing 

Health Insurance Plan and Supporting 

Regulations; Use: On March 23, 2010, 

the President signed into law H.R. 3590, 

the Patient Protection and Affordable 

Care Act (Affordable Care Act), Public 

Law 111–148. Section 1101 of the law 

establishes a ‘‘temporary high risk 

health insurance pool program’’ (which 

has been named the Pre-Existing 

Condition Insurance Plan, or PCIP) to 

provide health insurance coverage to 

currently uninsured individuals with 

pre-existing conditions. The law 

authorizes HHS to carry out the program 

directly or through contracts with states 

or private, non-profit entities. 

We are requesting an extension of this 

package because this information is 

needed to assure that PCIP programs are 

established timely and effectively. This 

request is being made based on 

regulations and guidance that have been 

issued and contracts which have been 

executed by HHS with states or an 

entity on their behalf participating in 

the PCIP program. PCIP is also referred 

to as the temporary qualified high risk 

insurance pool program, as it is called 

in the Affordable Care Act, but we have 

adopted the term PCIP to better describe 

the program and avoid confusion with 

the existing state high risk pool 

programs. Form Number: CMS–10339 

(OMB#: 0938–1100); Frequency: 

Reporting—On occasion; Affected 

Public: state governments; Number of 

Respondents: 51; Total Annual 

Responses: 2,652; Total Annual Hours: 

36,924. (For policy questions regarding 

this collection contact Laura Dash at 

410–786–8623. For all other issues call 

410–786–1326.) 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access CMS’ Web site 

address at http://www.cms.hhs.gov/ 

PaperworkReductionActof1995, or 

Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov, or call the 

Reports Clearance Office on (410) 786– 

1326. 

In commenting on the proposed 

information collections please reference 

the document identifier or OMB control 

number. To be assured consideration, 

comments and recommendations must 

be submitted in one of the following 

ways by July 2, 2013: 

1. Electronically. You may submit 

your comments electronically to http:// 

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) accepting comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development 

Attention: Document Identifier/OMB 

Control Number ___ Room C4–26–05, 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

Dated: April 30, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–10522 Filed 5–2–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–3110–PN] 

Medicare and Medicaid Programs: 

Application From the Accreditation 

Commission for Health Care 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 Accreditation 

Commission for Health Care (ACHC) 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 June 3, 2013. 

ADDRESSES: In commenting, please refer 

to file code CMS–3110–PN. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways: 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.regulations.gov.. Follow the 

‘‘submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–3110– 

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–3110–PN, 

Mail Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 


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Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 26037 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments to 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, call 

telephone number (410) 786–9994 in 

advance to schedule your arrival with 

one of our staff members. 

Comments erroneously 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:

Valarie Lazerowich, (410) 786–4750. 

Cindy Melanson, (410) 786–0310. 

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 in a hospice, provided certain 

requirements are met by the hospice. 

Section 1861(dd) of the Social Security 

Act (the Act), establishes distinct 

criteria for facilities seeking designation 

as a hospice. Regulations concerning 

provider agreements are located at 42 

CFR part 489 and those pertaining to 

activities relating to the survey and 

certification of facilities are located at 

42 CFR part 488. The regulations at 42 

CFR part 418, specify the conditions 

that a hospice must meet 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. 

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 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 

approval of its accreditation program 

under part 488, subpart A, must provide 

us 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 § 488.4 and § 488.8(d)(3). The 

regulations at § 488.8(d)(3) require an 

accrediting organization to reapply for 

continued approval of its accreditation 

program every 6 years or as determined 

by CMS. The Accreditation Commission 

for Health Care’s (ACHC’s) current term 

of approval for its hospice accreditation 

program expires November 27, 2013. 

II. Approval of Deeming Organizations 

Section 1865(a)(2) of the Act and our 

regulations at § 488.8(a) 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 ACHC’s 

request for continued CMS approval of 

its hospice accreditation program. This 

notice also solicits public comment on 

whether ACHC’s requirements meet or 

exceed the Medicare conditions of 

participation for hospices. 

III. Evaluation of Deeming Authority 

Request 

ACHC submitted all of 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 

26, 2013. Under section 1865(a)(2) of the 

Act and our regulations at § 488.8 

(Federal review of accrediting 

organizations), our review and 

evaluation of ACHC will be conducted 

in accordance with, but not necessarily 

limited to, the following factors: 

• The equivalency of ACHC’s 

standards for hospices as compared 

with CMS’ hospice conditions of 

participation. 

• ACHC’s survey process to 

determine the following: 

++ ACHC’s composition of the survey 

team, surveyor qualifications, and the 

ability of the organization to provide 

continued surveyor training. 

++ ACHC’s processes compared to 

those of State agencies, including survey 

frequency, and the ability to investigate 

and respond appropriately to 

complaints against accredited facilities. 

++ ACHC’s processes and procedures 

for monitoring a hospice found out of 


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26038 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 

compliance with ACHC’s program 

requirements. These monitoring 

procedures are used only when ACHC 

identifies noncompliance. If 

noncompliance is identified through 

validation reviews or complaint 

surveys, the State survey agency 

monitors corrections as specified at 

§ 488.7(d). 

++ ACHC’s capacity to report 

deficiencies to the surveyed facilities 

and respond to the facility’s plan of 

correction in a timely manner. 

++ ACHC’s capacity to provide CMS 

with electronic data and reports 

necessary for effective validation and 

assessment of the organization’s survey 

process. 

++ ACHC’s staff adequacy and other 

resources, and its financial viability. 

++ ACHC’s capacity to adequately 

fund required surveys. 

++ ACHC’s policies with respect to 

whether surveys are announced or 

unannounced, to assure that surveys are 

unannounced. 

++ ACHC’s agreement to provide 

CMS with a copy of the most current 

accreditation survey together with any 

other information related to the survey 

as CMS may require (including 

corrective action plans). 

IV. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 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 preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

Upon completion of our evaluation, 

including evaluation of comments 

received as a result of this notice, we 

will publish a final notice in the Federal 

Register announcing the result of our 

evaluation. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program; No. 93.773, Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: April 19, 2013. 

Marilyn Tavenner, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2013–10421 Filed 5–2–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–9079–N] 

Medicare and Medicaid Programs; 

Quarterly Listing of Program 

Issuances—January Through March 

2013 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This quarterly notice lists 

CMS manual instructions, substantive 

and interpretive regulations, and other 

Federal Register notices that were 

published from January through March 

2013, relating to the Medicare and 

Medicaid programs and other programs 

administered by CMS. 

FOR FURTHER INFORMATION CONTACT: It is 

possible that an interested party may 

need specific information and not be 

able to determine from the listed 

information whether the issuance or 

regulation would fulfill that need. 

Consequently, we are providing contact 

persons to answer general questions 

concerning each of the addenda 

published in this notice. 

I. Background 

The Centers for Medicare & Medicaid 

Services (CMS) is responsible for 

administering the Medicare and 

Medicaid programs and coordination 

and oversight of private health 

insurance. Administration and oversight 

of these programs involves the 

following: (1) Furnishing information to 

Medicare and Medicaid beneficiaries, 

health care providers, and the public; 

and (2) maintaining effective 

communications with CMS regional 

offices, state governments, state 

Medicaid agencies, state survey 

agencies, various providers of health 

care, all Medicare contractors that 

process claims and pay bills, National 

Association of Insurance Commissioners 

(NAIC), health insurers, and other 

stakeholders. To implement the various 

statutes on which the programs are 

based, we issue regulations under the 

authority granted to the Secretary of the 

Department of Health and Human 

Services under sections 1102, 1871, 

1902, and related provisions of the 

Social Security Act (the Act) and Public 

Health Service Act. We also issue 

various manuals, memoranda, and 

statements necessary to administer and 

oversee the programs efficiently. 


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