14076 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices 

group, department, or program that 

addresses many aspects of health and 

safety in the workplace for HCP, 

including the provision of clinical 

services for work-related injuries, 

exposures, and illnesses. In healthcare 

settings, OHS addresses workplace 

hazards including communicable 

diseases; slips, trips, and falls; patienthandling injuries; chemical exposures; 

HCP burnout; and workplace violence. 

This Draft Guideline: Cytomegalovirus 

and Parvovirus B19 Sections update is 

part of a larger guideline update: 

Infection Control in Healthcare 

Personnel. Part I, Infrastructure and 

Routine Practices for Occupational 

Infection Prevention and Control 

Services (2019), and the Diphtheria, 

Group A Streptococcus, Meningococcal 

Disease, Pertussis, and Rabies sections 

of Part II, Epidemiology and Control of 

Selected Infections Transmitted Among 

Healthcare Personnel and Patients 

(2022) are complete and have been 

published on the CDC Infection Control 

Guideline website: https://

www.cdc.gov/infectioncontrol/ 

guidelines/healthcare-personnel/ 

index.html. The Draft Guideline: 

Cytomegalovirus and Parvovirus B19 

Sections, once finalized, is intended for 

use by the leaders and staff of OHS to 

guide the management of exposed or 

infected HCP who may be contagious to 

others in the workplace. The draft 

recommendations in Draft Guideline: 

Cytomegalovirus and Parvovirus B19 

Sections update the 1998 

recommendations with current guidance 

on the management of HCP exposed to 

or potentially infected with 

cytomegalovirus or parvovirus B19, 

focusing on postexposure management, 

including postexposure prophylaxis, for 

exposed HCP and work restrictions for 

exposed or infected HCP. The adapted 

Draft ‘‘Source Control’’ Definition is 

being added to the ‘‘Terminology’’ 

Appendix of the Infection Control in 

Healthcare Personnel Guideline (https:// 

www.cdc.gov/infectioncontrol/ 

guidelines/healthcare-personnel/ 

terminology.html) because the term 

‘‘Source Control’’ is used in the Draft 

Guideline: Parvovirus B19 Section, and 

may be used in subsequent sections. 

Since 2015, the Healthcare Infection 

Control Practices Advisory Committee 

(HICPAC) has worked with national 

partners, academicians, public health 

professionals, healthcare providers, and 

other partners to develop Infection 

Control in Healthcare Personnel 

(https://www.cdc.gov/infectioncontrol/ 

guidelines/healthcare-personnel/ 

index.html) as a segmental update of the 

1998 Guideline. HICPAC is a Federal 

advisory committee appointed to 

provide advice and guidance to HHS 

and CDC regarding the practice of 

infection control and strategies for 

surveillance, prevention, and control of 

healthcare-associated infections, 

antimicrobial resistance, and related 

events in United States healthcare 

settings. HICPAC includes, but is not 

limited to, representatives with 

expertise in public health, infectious 

diseases, and infection prevention and 

control. HICPAC also includes ex officio 

members who represent regulatory and 

other Federal agencies, and liaison 

representatives from professional 

societies. Draft Guideline: 

Cytomegalovirus and Parvovirus B19 

Sections, once finalized, will be the next 

sections to be posted to the Infection 

Control in Healthcare Personnel 

website. The accompanying Draft 

‘‘Source Control’’ Definition will be 

added to the Infection Control in 

Healthcare Personnel ‘‘Terminology’’ 

Appendix (https://www.cdc.gov/ 

infectioncontrol/guidelines/healthcarepersonnel/terminology.html). 

The updated draft recommendations 

in Draft Guideline: Cytomegalovirus and 

Parvovirus B19 Sections are informed by 

reviews of the 1998 Guideline; CDC 

resources (e.g., CDC infection control 

website), infection control guidance, 

and guidelines, as noted more 

specifically in the draft document; and 

new scientific evidence, when available. 

CDC is seeking comments on the Draft 

Guideline: Cytomegalovirus and 

Parvovirus B19 Sections and the 

accompanying Draft ‘‘Source Control’’ 

Definition. Please provide references to 

new evidence and justification to 

support any suggested revisions or 

additions. This Draft Guideline: 

Cytomegalovirus and Parvovirus B19 

Sections and the accompanying Draft 

‘‘Source Control’’ Definition are not 

Federal rules or regulations. 

Noah Aleshire, 

Chief Regulatory Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. 2024–03783 Filed 2–23–24; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–3456–PN] 

Medicare and Medicaid Programs; 

Application From the Joint 

Commission for Continued CMSApproval of Its Ambulatory Surgical 

Center Accreditation Program 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice with comment. 

SUMMARY: This notice acknowledges the 

receipt of an application from the Joint 

Commission for continued recognition 

as a national accrediting organization 

for Ambulatory Surgical Centers 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, by March 

27, 2024. 

ADDRESSES: In commenting, refer to file 

code CMS–3456–PN. 

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–3456–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–3456–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: 

Caecilia Andrews, (410) 786–2190. 

Erin Imhoff, (410) 786–2337. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices 14077 

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: https://

www.regulations.gov. Follow the search 

instructions on that website to view 

public comments. CMS will not post on 

Regulations.gov public comments that 

make threats to individuals or 

institutions or suggest that the 

commenter will take actions to harm an 

individual. CMS continues to encourage 

individuals not to submit duplicative 

comments. We will post acceptable 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. 

I. Background 

Ambulatory Surgical Centers (ASCs) 

are distinct entities that operate 

exclusively for the purpose of 

furnishing outpatient surgical services 

to patients. Under the Medicare 

program, eligible beneficiaries may 

receive covered services from an ASC 

provided certain requirements are met. 

Section 1832(a)(2)(F)(i) of the Social 

Security Act (the Act) establishes 

distinct criteria for a facility seeking 

designation as an ASC. 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 

416 specify the conditions that an ASC 

must meet in order to participate in the 

Medicare program, the scope of covered 

services, and the conditions for 

Medicare payment for ASCs. 

Generally, to enter into an agreement, 

an ASC must first be certified by a state 

survey agency (SA) as complying with 

the conditions or requirements set forth 

in part 416 of our Medicare regulations. 

Thereafter, the ASC is subject to regular 

surveys by an SA 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 a Centers for 

Medicare & Medicaid Services (CMS) 

approved national accrediting 

organization (AO) that all applicable 

Medicare conditions are met or 

exceeded, we may deem that provider 

entity as having met the requirements. 

Accreditation by an AO is voluntary and 

is not required for Medicare 

participation. 

If an AO 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 may be deemed to meet the 

Medicare conditions. The AO applying 

for approval of its accreditation program 

under part 488, subpart A, must provide 

CMS with reasonable assurance that the 

AO requires the accredited provider 

entities to meet requirements that are at 

least as stringent as the Medicare 

conditions. Our regulations concerning 

the approval of AOs are set forth at 

§ 488.5. 

The Joint Commission’s (TJC’s) 

current term of approval for its ASC 

program expires December 20, 2024. 

II. Approval of Deeming Organization 

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

regulations at § 488.5 require that our 

findings concerning review and 

approval of an AO’s requirements 

consider, among other factors, the 

applying AO’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 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. 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 TJC’s request 

for continued CMS-approval of its ASC 

accreditation program. This notice also 

solicits public comment on whether 

TJC’s requirements meet or exceed the 

Medicare conditions for coverage (CfCs) 

for ASCs. 

III. Evaluation of Deeming Authority 

Request 

TJC submitted all the necessary 

materials to enable us to make a 

determination concerning its request for 

continued CMS-approval of its ASC 

accreditation program. This application 

was determined to be complete on 

January 19, 2024. Under section 

1865(a)(2) of the Act and § 488.5, our 

review and evaluation of TJC will be 

conducted in accordance with, but not 

necessarily limited to, the following 

factors: 

• The equivalency of TJC’s standards 

for ASCs as compared with Medicare’s 

CfCs for ASCs. 

• TJC’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 TJC’s 

processes to those of State agencies, 

including survey frequency, and the 

ability to investigate and respond 

appropriately to complaints against 

accredited facilities. 

++ TJC’s processes and procedures for 

monitoring an ASC found out of 

compliance with TJC’s program 

requirements. These monitoring 

procedures are used only when TJC 

identifies noncompliance. If 

noncompliance is identified through 

validation reviews or complaint 

surveys, the State survey agency 

monitors corrections as specified at 

§ 488.9(c)(1). 

++ TJC’s capacity to report 

deficiencies to the surveyed facilities 

and respond to the facility’s plan of 

correction in a timely manner. 

++ TJC’s capacity to provide CMS 

with electronic data and reports 

necessary for the effective validation 

and assessment of the organization’s 

survey process. 

++ The adequacy of TJC’s staff and 

other resources, and its financial 

viability. 

++ TJC’s capacity to adequately fund 

required surveys. 

++ TJC’s policies with respect to 

whether surveys are announced or 

unannounced, to ensure that surveys are 

unannounced. 

++ TJC’s policies and procedures to 

avoid conflicts of interest, including the 

appearance of conflicts of interest, 

involving individuals who conduct 

surveys or participate in accreditation 

decisions. 

++ TJC’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 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.). 


khammond on DSKJM1Z7X2PROD with NOTICES
14078 Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices 

V. Response to Public 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. 

The Administrator of the Centers for 

Medicare & Medicaid Services (CMS), 

Chiquita Brooks-LaSure, having 

reviewed and approved this document, 

authorizes Vanessa Garcia, who is the 

Federal Register Liaison, to 

electronically sign this document for 

purposes of publication in the Federal 

Register. 

Vanessa Garcia, 

Federal Register Liaison, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2024–03821 Filed 2–23–24; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10387 and CMS– 

10500] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, Health and Human 

Services (HHS). 

ACTION: Notice. 

SUMMARY: The Centers for Medicare & 

Medicaid Services (CMS) is announcing 

an opportunity for the public to 

comment on CMS’ intention to collect 

information from the public. Under the 

Paperwork Reduction Act of 1995 

(PRA), Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension or reinstatement of an existing 

collection of information, and to allow 

a second opportunity for public 

comment on the notice. Interested 

persons are invited to send comments 

regarding the burden estimate or any 

other aspect of this collection of 

information, including the necessity and 

utility of the proposed information 

collection for the proper performance of 

the agency’s functions, the accuracy of 

the estimated burden, ways to enhance 

the quality, utility, and clarity of the 

information to be collected, and the use 

of automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

DATES: Comments on the collection(s) of 

information must be received by the 

OMB desk officer by March 27, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, please access the CMS PRA 

website by copying and pasting the 

following web address into your web 

browser: https://www.cms.gov/ 

Regulations-and-Guidance/Legislation/

PaperworkReductionActof1995/PRAListing. 

FOR FURTHER INFORMATION CONTACT: 

William Parham at (410) 786–4669. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3501–3520), Federal agencies 

must obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. The term ‘‘collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) and 

includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA (44 U.S.C. 

3506(c)(2)(A)) requires Federal agencies 

to publish a 30-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension or 

reinstatement of an existing collection 

of information, before submitting the 

collection to OMB for approval. To 

comply with this requirement, CMS is 

publishing this notice that summarizes 

the following proposed collection(s) of 

information for public comment: 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Minimum Data 

Set 3.0 Nursing Home and Swing Bed 

Prospective Payment System (PPS) For 

the collection of data related to the 

Patient Driven Payment Model and the 

Skilled Nursing Facility Quality 

Reporting Program (QRP); Use: We are 

requesting to implement the MDS 3.0 

v1.19.1 beginning October 1, 2024 in 

order to meet the requirements of 

policies finalized in the Federal Fiscal 

Year (FY) 2024 Skilled Nursing Facility 

(SNF) Prospective Payment System 

(PPS) final rule (CMS–1779–F, RIN 

0938–AV02). Specifically, CMS adopted 

two new measures and removed three 

measures from the SNF QRP. As a result 

of these changes, the total annual hour 

burden across facilities has decreased, 

and the annual cost burden across 

facilities has decreased. Form Number: 

CMS–10387 (OMB control number: 

0938–1140); Frequency: Yearly; Affected 

Public: Private Sector: Business or other 

for-profit and not-for-profit institutions; 

Number of Respondents: 15,471; Total 

Annual Responses: 3,469,183; Total 

Annual Hours: 2,861,351. (For policy 

questions regarding this collection 

contact Heidi Magladry at 410–786– 

6034). 

2. Type of Information Collection 

Request: Extension without change of 

the previously approved collection; 

Title of Information Collection: National 

Implementation of the Outpatient and 

Ambulatory Surgery Consumer 

Assessment of Healthcare Providers and 

Systems (OAS CAHPS) Survey; Use: As 

documented in the CY 2022 OPPS/ASC 

Final Rule (86 FR 63863 through 63866), 

OAS CAHPS Survey data will be linked 

to reimbursement beginning with CY 

2024 for HOPDs and CY 2025 for ASCs. 

ASCs will continue with voluntary 

implementation of the OAS CAHPS 

Survey throughout CY 2024. 

HOPDs and ASCs contract with a 

CMS-approved, independent third-party 

survey vendor to implement the survey 

on their behalf and to submit the OAS 

CAHPS data to CMS. CMS publicly 

reports comparative results from OAS 

CAHPS after each facility has conducted 

data collection for 4 quarters. Data from 

OAS CAHPS enable consumers to make 

more informed decisions when choosing 

an outpatient surgery facility, aid 

facilities in their quality improvement 

efforts, and help CMS monitor the 

performance of outpatient surgery 

facilities. Considering the increasing 

Medicare expenditures for outpatient 

surgical services from HOPDs and ASCs, 

the implementation of OAS CAHPS 

provides CMS with much-needed 

statistically valid data from the patient 

perspective to inform quality 

improvement and comparative 

consumer information about specific 

facilities. The information collected in 

the OAS CAHPS survey will be used for 

the following purposes: To provide a 

source of information from which 

patient experience of care measures can 

be publicly reported to beneficiaries to 

help them make informed decisions for 


khammond on DSKJM1Z7X2PROD with NOTICES