### 4088 Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**Centers for Medicare & Medicaid**
**Services**

**[CMS–6023–N2]**

**Medicare Program; Approval of Independent Accrediting Organizations**  **To Participate in the Advanced Diagnostic Imaging Supplier**  **Accreditation Program**

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

**ACTION :**  Notice.

**SUMMARY :**  This notice announces our approval of the following three national accreditation organizations to accredit suppliers seeking to furnish the technical component (TC) of advanced diagnostic imaging services under the Medicare program: the American College of Radiology (ACR); the
Intersocietal Accreditation Commission (IAC); and The Joint Commission (TJC).

**FOR FURTHER INFORMATION CONTACT :**  August Nemec, (410) 786–0612.

**SUPPLEMENTARY INFORMATION :** 
I. Background

Section 135(a) of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) added section 1834(e) of the Social Security Act (the Act) that requires the Secretary to designate organizations in order to accredit suppliers furnishing the technical component (TC) of advanced diagnostic imaging service and establish procedures to ensure that the criteria used by an accreditation organization is specific to each imaging modality. Section 1834(e)(1)(B) of the Act defines advanced diagnostic imaging services

as—

(i) Diagnostic magnetic resonance imaging, computed tomography, and nuclear medicine-including positron emission tomography; and

(ii) Such other diagnostic imaging services, including services described in section 1848(b)(4)(B) (excluding x-ray, ultrasound, and fluoroscopy), as specified by the Secretary in consultation with physician specialty organizations and other
stakeholders.

Section 1848(b)(4)(B) of the Act defines imaging services as ‘‘imaging and computer-assisted imaging services, including x-ray, ultrasound (including echocardiography), nuclear medicine (including positron emission tomography), magnetic resonance imaging, computed tomography, and fluoroscopy, but excluding diagnostic and screening mammography.Suppliers, including physicians, nonphysician practitioners and physician and non-physician organizations, of the TC of advanced diagnostic imaging services for which payment is made
under the fee schedule established under section 1848(b) of the Act, must become accredited by a designated accreditation organization designated by the Secretary beginning January 1, 2012.

II. Application Requirements, Review, and Approval

The application requirements for accrediting organizations were finalized in the Physician Fee Schedule final rule published on November 25, 2009 (74 FR 61738) and set forth as application criteria in a November 25, 2009 Federal Register notice (74 FR 62189), as corrected in the November 30, 2009 correction notice (74 FR 62579).

We received three applications from our solicitation of accrediting organizations. An internal professional panel reviewed and compared the standards contained in the applications with our requirements in 42 CFR 414.68. Accordingly, to be considered for approval as a designated accreditation organization, each of accreditation organization had to furnish the following information specified in 42 CFR 414.l68:

• A list of the categories of advanced diagnostic imaging services for which the organization is requesting approval.

• A description of the accrediting organization’s duration of accreditation (annual, biennual, and triennial), to include a summary of activities that occur at each cycle.

• A detailed description of how the organization’s accreditation criteria satisfy the statutory standards at section 1834(e)(3) of the Act, including the following:

++ Qualifications of medical personnel who are not physicians and
who furnish the TC of advanced diagnostic imaging services.

++ Qualifications and responsibilities of medical directors and supervising physicians, such as training in advanced diagnostic imaging services in a residency program, expertise obtained through experience or continuing
medical education courses.

++ Procedures to ensure the safety of persons who furnish the TC of advanced diagnostic imaging services and
individuals to whom such services are
furnished.

++ Procedures to ensure the reliability, clarity, and accuracy of the technical quality of diagnostic images produced by the supplier.

++ Procedures to assist the beneficiary in obtaining the beneficiary’s imaging records on request.

++ Procedures to notify CMS of any changes to the modalities subsequent to the organization’s accreditation
decision.

• An agreement to conform accreditation requirements to any changes in Medicare statutory requirements authorized by 1834(e) of
the Act.

• An agreement to maintain or adopt standards that are equal to, or more stringent than, those of Medicare.

• Information that demonstrates the accreditation organization’s knowledge and experience in the advanced diagnostic imaging arena.

• A plan for reducing the burden and
cost of accreditation to small and rural suppliers—

++ The organization’s proposed fees for accreditation for each modality in which the organization intends to offer accreditation; and

++ Any specific documentation requirements and attestations requested by CMS as a condition of designation.

• A detailed description of the organization’s survey process, to include the following:

++ Type and frequency of the surveys performed.

++ The ability of the organization to conduct timely reviews of accreditation applications, to include a projection of the organization’s national capacity for processing new applications before the January 1, 2012 accreditation deadline.

++ Description of the organization’s audit procedures, including random site visits; site audits or other strategies for ensuring suppliers accredited by the organization maintain compliance throughout the period of accreditation.

++ Procedures for performing unannounced site surveys.

++ Copies of the organization’s survey forms.

++ A description of the accreditation survey review process and the accreditation status decision-making process, including the process for addressing identified deficiencies with the accreditation requirements, and the procedures used to monitor the correction of deficiencies found during an accreditation survey.

++ Procedures for coordinating surveys with another accrediting organization (when the organization does not accredit all modalities) provided by an applicant for accreditation which the supplier provided.

++ Comprehensive information about the individuals who perform
evaluations for the accreditation organization, including all of the following information:


### 4089 Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices

—Detailed information about the size

and composition of accreditation teams for each category of advanced medical imaging service supplier
accredited. —The number of professional and

technical staff that are available for

survey. —The education, current employment

and experience requirements surveyors must meet. —The content and length of any

orientation program. —The frequency and types of in-service

training provided to survey personnel. —The evaluation systems used to

monitor the performance of individual surveyors and survey

teams. —Policies and procedures regarding an

individual’s participation in the survey or accreditation decision process of any organization with which the individual is professionally or financially affiliated. ++ Policies and procedures used when an organization has a dispute regarding survey findings or an adverse
decision.

• A description of the organization’s data management and analysis capabilities in support of its surveys and accreditation decisions, including the kinds of reports, tables, and other displays generated by that system.

• The organization’s procedures for investigating and responding to complaints against accredited facilities, including policies and procedures regarding coordination of these activities with relevant licensing bodies
and CMS.

• A description of the organization’s policies and procedures for withholding
or removal of accreditation status for
facilities that fail to meet the organization’s accreditation standards and other actions taken by the organization in response to noncompliance with its accreditation criteria. These policies and procedures must include notifying CMS of facilities that fail to meet the requirements of the accrediting organization as required by

CMS.

• The information submitted for notification of these organizations
include—

++ A list of all accredited suppliers that the accrediting organization has accredited to include the type and category of accreditation currently held by each supplier, and the expiration date of each supplier’s current accreditation; and

++ A list of all accreditation surveys scheduled to be performed by the organization. • The accreditation organization must also submit the following supporting
documentation:

++ A written presentation that demonstrates the organization’s ability
to furnish us with electronic data in ASCII comparable code.

++ A resource analysis that demonstrates that the organization’s staffing, funding, and other resources are adequate to perform the required surveys and related activities.

+ A statement acknowledging that, as a condition for approval the organization will agree to the following: —Provide a statement agreeing to notify

us, in writing, of any supplier that had its accreditation revoked, withdrawn, revised, or any other
remedial or adverse action taken against it by the accreditation organization within 30 calendar days of any such action taken. —Notify all accredited suppliers within

10 calendar days of our withdrawal of the organization’s approval of designation authority. —Notify us, in writing, at least 30

calendar days in advance of the effective date of any proposed changes in accreditation requirements. —Permit its surveyors to serve as

witnesses if we take an adverse action based on accreditation findings. —Notify us, in writing, within 2

calendar days of a deficiency identified in any accreditation entity where the deficiency poses an immediate jeopardy to the supplier’s
beneficiaries or a hazard to the general public. —Provide, on an annual basis, summary

data specified by us that relates to the past years’ accreditations and trends. —Attest that the organization will not

perform any accreditation surveys of Medicare participating suppliers with which it has a financial relationship
with or interest. For further information regarding the application requirements see the November 25, 2009 (74 FR 62189) and November 30, 2009 (74 FR 62579) notices.

The three national accreditation organizations that have applied for approval provided us with demonstrated evidence of their ability to accredit the categories of advanced diagnostic imaging services as defined in sections 1834(e)(1)(B) and 1848 (b)(4)(B) of the Act. Therefore, we are initially approving the following designated accreditation organizations to accredit suppliers furnishing the TC of all advanced imaging modalities (that is, computerized tomography, nuclear medicine, positron emission tomography, and magnetic resonance imaging) on or after January 1, 2010: (1) American College of Radiology (ACR); (2) the Intersocietal Accreditation Commission (IAC); and (3) The Joint Commission (TJC).

Authority: Section 1834(e) of the Act. (Catalog of Federal Domestic AssistanceProgram No. 93.774, MedicareSupplementary Medical Insurance Program)

Dated: January 20, 2010.

Charlene Frizzera, Acting Administrator, Centers for Medicare
& Medicaid Services.

[FR Doc. 2010–1457 Filed 1–22–10; 8:45 am]

**BILLING CODE 4120–01–P**

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**National Institutes of Health**

**Center for Scientific Review; Amended Notice of Meeting** 

Notice is hereby given of a change in the meeting of the Respiratory Integrative Biology and Translational Research Study Section, February 4, 2010, 8:30 a.m. to February 5, 2010, 12 p.m., Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD, 20814 which was published in the Federal Register on January 8, 2010, 75 FR 1066–1067.

The meeting will be held February 3, 2010, to February 4, 2010. The meeting
time and location remain the same. The meeting is closed to the public.

Dated: January 15, 2010. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010–1404 Filed 1–25–10; 8:45 am]

**BILLING CODE 4140–01–P**

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**National Institutes of Health**

**Center for Scientific Review; Amended Notice of Meeting** 

Notice is hereby given of a change in the meeting of the Neurobiology of Motivated Behavior Study Section, February 4, 2010, 8 a.m. to February 5, 2010, 5 p.m., Bahia Resort Hotel, 998 West Mission Bay Drive, San Diego, CA, 92109 which was published in the

**FEDERAL REGISTER** on January 8, 2010, 75

FR 1066–1067.

The meeting will be held at the Catamaran Resort Hotel and Spa, 3999 Mission Boulevard, San Diego, CA 92109. The meeting dates and time