[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59748-59749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25499]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 422

[HCFA-1030-CN2]
RIN 0938-AI29


Medicare Program; Establishment of the Medicare+Choice Program; 
Correction

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Final rule with comment period; Correction.

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SUMMARY: On June 29, 2000, we published in the Federal Register, at 65 
FR 40170, a final rule with comment period that responded to comments 
on the June 26, 1998 interim final rule that implemented the 
Medicare+Choice (M+C) program and made revisions to those regulations 
where warranted. We also made revisions to the regulations that were 
necessary to reflect the changes to the M+C program resulting from the 
Balanced Budget Refinement Act of 1999. This document corrects 
omissions made in the June 29, 2000 document regarding deeming status.

EFFECTIVE DATE: July 31, 2000.

[[Page 59749]]


FOR FURTHER INFORMATION CONTACT: Trisha Kurtz, (410) 786-4670.

SUPPLEMENTARY INFORMATION: In our final rule published June 29, 2000 
(65 FR 40170), on page 40232 of the preamble, we responded to public 
comments that addressed our authority under Sec. 422.156 (Compliance 
deemed on the basis of accreditation), paragraph (e)(1), to remove 
deemed status on the basis of a review of accreditation results. In the 
preamble, we clarified that we do not intend to overrule an 
accreditation organization's survey decision without conducting our own 
investigation. We also noted that if our own investigation reveals that 
a condition is not met, we reserve the right to remove the MCO's deemed 
status even when the accreditation organization has not removed 
accreditation with respect to that condition. In order to clarify the 
distinction between: (1) A removal of deemed status by HCFA, based on 
HCFA's own survey; and (2) a removal based on a determination of 
noncompliance by an accreditation organization as a result of its 
accreditation survey, we stated that we would revise 
Sec. 422.156(e)(1). However, we inadvertently omitted making this 
change in the regulations text. This document corrects that omission by 
revising Sec. 422.156(e)(1).
    In addition, on pages 40233 through 40234 of the preamble, we 
responded to a commenter's concern regarding removal of an 
accreditation organization's approval, regardless of the ``rate of 
disparity'' between certification by the accreditation organization and 
certification by HCFA or our agent, by adding another reporting 
requirement in Sec. 422.157 (Accreditation organizations), paragraph 
(c)(6). This change requires that accreditation organizations provide 
us annually with summary data relating to their accreditation 
activities and observed trends. These data will assist us in making a 
comprehensive assessment of accreditation organizations' performance, 
and will help ensure that our oversight decisions are well-informed and 
appropriate. However, this change was inadvertently omitted in the 
final regulations text. This document corrects that omission by adding 
Sec. 422.157(c)(6).

Correction of Errors

Regulations Text


Sec. 422.156  [Corrected]

    1. On page 40323, in column 2, amendatory instruction number 29 is 
corrected to read ``Revise paragraphs (a), (b), and (e)(1) in 
Sec. 422.156 to read as follows:'' and corrected paragraph (e)(1) is 
added:


Sec. 422.156  Compliance deemed on the basis of accreditation.

* * * * *
    (e) * * *
    (1) HCFA determines, on the basis of its own investigation, that 
the M+C organization does not meet the Medicare requirements for which 
deemed status was granted.
* * * * *


Sec. 422.157  [Corrected]

    1. On page 40323, in column 3, amendatory instruction number 30 is 
corrected to read ``Section 422.157 is amended by republishing the 
introductory text for paragraph (a), revising paragraphs (a)(3) and 
(b)(1), and adding new paragraph (c)(6) to read as follows:'' and new 
paragraph (c)(6) is added:


Sec. 422.157  Accreditation organizations.

* * * * *
    (c) * * *
    (6) Provide, on an annual basis, summary data specified by HCFA 
that relate to the past year's accreditation activities and trends.
* * * * *
(Authority: Sections 1851 through 1859 of the Social Security Act 
(42 U.S.C. 1395w-21 through 1395w-28))

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93-774, Medicare--
Supplementary Medical Insurance Program)

    Dated: September 28, 2000.
Brian P. Burns,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 00-25499 Filed 10-5-00; 8:45 am]
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