Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49681 

Dutchess Hospital’s Designated OPO 

is: New York Organ Donor Network, 132 

West 31st Street, 11th Floor, New York, 

NY 10001. 

Methodist University Hospital of 

Memphis, Tennessee has requested a 

waiver in order to enter into an 

agreement with a designated OPO other 

than the OPO designated for the service 

area in which the hospital is located. 

Methodist University Hospital is 

requesting a waiver to work with: 

Tennessee Donor Services, 1600 Hayes 

Street, Nashville, Tennessee 37203. 

Methodist University Hospital’s 

Designated OPO is: Mid-South 

Transplant Foundation, Inc., 8001 

Centerview Parkway, Suite 302, 

Memphis, Tennessee 38018. 

Le Bonheur Children’s Medical Center 

of Memphis, Tennessee has requested a 

waiver in order to enter into an 

agreement with a designated OPO other 

than the OPO designated for the service 

area in which the hospital is located. Le 

Bonheur Children’s Medical Center is 

requesting a waiver to work with: 

Tennessee Donor Services, 1600 Hayes 

Street, Nashville, Tennessee 37203. 

Methodist University Hospital’s 

Designated OPO is: Mid-South 

Transplant Foundation, Inc., 8001 

Centerview Parkway, Suite 302, 

Memphis, Tennessee 38018. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; Program No. 93.774, Medicare—

Supplementary Medical Insurance, and 

Program No. 93.778, Medical Assistance 

Program) 

Dated: August 8, 2008. 

Kerry Weems, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E8–18970 Filed 8–21–08; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

[CMS–2899–PN] 

Medicare and Medicaid Programs; 

Application by the Accreditation 

Commission for Health Care for 

Continued Deeming Authority for 

Home Health Agencies 

AGENCY: Centers for Medicare and 

Medicaid Services, HHS. 

ACTION: Proposed notice. 

SUMMARY: This proposed notice 

acknowledges the receipt of a deeming 

application from the Accreditation 

Commission for Health Care (ACHC) for 

continued recognition as a national 

accrediting organization for home health 

agencies (HHAs) that wish to participate 

in the Medicare or Medicaid programs. 

Section 1865(b)(3)(A) of the Social 

Security Act (the Act) requires that 

within 60 days of receipt of an 

organization’s complete application, we 

publish 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. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. d.s.t. on September 21, 

2008. 

ADDRESSES: In commenting, please refer 

to file code CMS–2899–PN. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four 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 instructions for ‘‘Comment or 

Submission’’ and enter the file code to 

find the document accepting comments. 

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–

2899–PN, P.O. Box 8013, Baltimore, 

MD 21244–8013. 

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 (one 

original and two copies) to the following 

address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–

2899–PN, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to either of the 

following addresses: 

a. Room 445–G, Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey (HHH) 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. 7500 Security Boulevard, Baltimore, 

MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786–

9994 in advance to schedule your 

arrival with one of our staff members. 

Comments 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: 

Lillian Williams, (410) 786–8636; 

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 from a home health agency 

(HHA) provided certain requirements 

are met. Sections 1861(m) and (o), and 

1891 of the Social Security Act (the Act) 

authorize the Secretary to establish 

distinct criteria for facilities seeking 

designation as an HHA. 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 part 488. 

The regulations at part 484 specify the 

conditions that an HHA must meet in 

order to participate in the Medicare 


jlentini on PROD1PC65 with NOTICES
49682 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

program, the scope of covered services 

and the conditions for Medicare 

payment for home health care. 

Generally, in order to enter into an 

agreement with the Medicare program, 

an HHA must first be certified by a State 

survey agency as complying with the 

conditions or requirements set forth in 

part 484. Thereafter, the HHA is subject 

to regular surveys by a State survey 

agency to determine whether it 

continues to meet these requirements. 

There is an alternative to surveys by 

State agencies, which is accreditation. 

Section 1865(b)(1) of the Act provides 

that, if an HHA demonstrates through 

accreditation by an approved national 

accrediting organization that all 

applicable Medicare conditions are met 

or exceeded, we will deem those HHAs 

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 

deeming authority 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 

reapproval of accrediting organizations 

are set forth at § 488.4 and § 488.8(d)(3). 

Section 488.8(d)(3) requires accrediting 

organizations to reapply for continued 

deeming authority every 6 years or 

sooner as determined by us. 

In the February 24, 2006 Federal 

Register (71 FR 9564), we published a 

final notice announcing our decision to 

approve the Accreditation Commission 

for Health Care (ACHC) as a recognized 

accreditation program for HHA’s. 

ACHC’s term of approval expires 

February 24, 2009. 

II. Approval of Deeming Organizations 

Section 1865(b)(2) of the Act and 

§ 488.8(a) of the regulations require that 

our findings concerning review and 

reapproval 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 us 

with the necessary data for validation. 

Section 1865(b)(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 deeming authority 

for HHAs. This notice also solicits 

public comment on whether ACHC’s 

requirements meet or exceed the 

Medicare conditions of participation for 

HHAs. 

III. Evaluation of Deeming Authority 

Request 

ACHC submitted all the necessary 

materials to enable us to make a 

determination concerning its request for 

reapproval as a deeming organization 

for HHAs. This application was 

determined to be complete on June 27, 

2008. Under section 1865(b)(2) of the 

Act and § 488.8 of the regulations 

(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 an HHA as compared with 

CMS’s HHA conditions of participation. 

• ACHC’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 ACHC’s 

processes 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 HHAs found out of 

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 us 

with electronic data and reports 

necessary for effective validation and 

assessment of the organization’s survey 

process. 

++ The adequacy of ACHC’s staff 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 us 

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). 

IV. Response to Public Comments and 

Notice Upon Completion of Evaluation 

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. 

V. 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 et seq. ). 

VI. Regulatory Impact Statement 

In accordance with the provisions of 

Executive Order 12866 (September 

1993, Regulatory Planning and Review, 

the Regulatory Flexibility Act (RFA) 

(September 19, 1980, Pub. L. 96–354), 

the Office of Management and Budget 

did not review this proposed notice. 

In accordance with Executive Order 

13132, we have determined that this 

proposed notice would not have a 

significant effect on the rights of States, 

local or tribal governments. 

Authority: Section 1865 of the Social 

Security Act (42 U.S.C. 1395bb). 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49683 

Program; No. 93.773 Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: August 7, 2008. 

Kerry Weems, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E8–18971 Filed 8–21–08; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1405–N] 

Medicare Program; Medicare Provider 

Feedback Group Town Hall Meeting—

September 22, 2008 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces the 

annual Medicare Provider Feedback 

Group (MPFG) Town Hall meeting. This 

meeting is open to all Medicare fee-forservice (FFS) providers and suppliers 

that participate in the Medicare 

program, including physicians, 

hospitals, home health agencies, thirdparty billers, and interested parties, to 

present their individual views and 

opinions on selected FFS Medicare 

topics. In addition, we will be soliciting 

input on how we can improve 

communications to better serve the 

Medicare providers and suppliers. 

DATES: Meeting Date: The Town Hall 

meeting announced in this notice will 

be held on Monday, September 22, 2008 

from 2 p.m. to 4 p.m. EDT. 

ADDRESSES: Meeting Location: The 

Town Hall meeting will be held in the 

main auditorium of the central building 

of the Centers for Medicare and 

Medicaid Services, 7500 Security 

Boulevard, Baltimore, MD 21244. The 

meeting will also be available by 

teleconference. 

FOR FURTHER INFORMATION CONTACT: 

Colette Shatto, (410) 786–6932. You 

may also send inquiries about this 

meeting via e-mail to 

MFG@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since 2005, CMS has held four 

Medicare Provider Feedback Group 

(MPFG) Town Hall meetings. The 

purpose of these meetings is to capture 

individual provider and supplier 

feedback on relevant Fee-For-Service 

(FFS) Medicare policy and operational 

issues. These meetings allow us to 

further advance our efforts to strengthen 

the Medicare program and enhance our 

relationship with providers and 

suppliers. The meetings also provide a 

venue to allow us to continue a process 

of communication with individual 

providers and suppliers through the 

following year. 

II. Meeting Format and Agenda 

The meeting will begin with an 

overview of the goals and objectives of 

the MPFG efforts to gather feedback 

from individual Medicare providers and 

suppliers. This meeting will be held onsite at CMS and by teleconference. The 

meeting agenda and discussion 

materials will be available to download 

by September 19, 2008. These materials 

can be located at http:// 

www.cms.hhs.gov/center/provider.asp. 

The feedback provided during this 

meeting will assist us as we evaluate 

FFS Medicare policy, operational issues, 

and CMS’ provider and supplier 

communication activities. Topics to be 

discussed include, but are not limited 

to, 5010 (possible next version of 

HIPAA standards for claims and other 

transactions), Medicare Administrative 

Contract Transitions, and Recovery 

Auditing. 

There will be a question and answer 

session that offers meeting participants 

an opportunity to provide feedback on 

how CMS services physicians, providers 

and suppliers, as well as make 

suggestions on how this process can be 

improved. Time for participants to ask 

questions or provide feedback will be 

limited according to the number of 

registered participants; however, written 

submissions will be accepted. 

Individuals who wish to provide written 

feedback should e-mail that feedback to 

Colette Shatto at MFG@cms.hhs.gov. 

Written feedback will be accepted 

through September 30, 2008. 

Consideration will be given to 

feedback received on the topics 

discussed at the meeting, but written 

responses will not be provided. The 

meeting is open to the public, but onsite attendance is limited to space 

available. Registered participants from 

the meeting will be included in the 

MPFG and may be contacted throughout 

the year for follow-up meetings to solicit 

additional opinions or clarify any issues 

that may arise from the September 22, 

2008 meeting. 

III. Registration Instructions 

The Division of Provider Relations 

and Evaluations, Provider 

Communications Group, Center for 

Medicare Management is coordinating 

the meeting registration. While there is 

no registration fee, individuals, 

providers, and suppliers must register to 

participate both on-site and by 

teleconference. Individuals must 

complete the on-line registration located 

at http://registration.intercall.com/go/ 

cms2. 

The on-line registration system will 

capture contact information and 

practice characteristics (for example, 

names, e-mail addresses, and provider, 

and supplier types). Registration will be 

open beginning August 29, 2008 and 

will close on September 17, 2008. 

Registration after 5 p.m. EDT on 

September 17, 2008 will not be 

accepted. 

The on-line registration system will 

generate a confirmation page to indicate 

the completion of your registration. 

Participants should print this page as 

his or her registration receipt. 

Teleconference instructions will be 

issued as part of the confirmation page 

once participants have registered 

through the on-line registration 

instrument. If seating capacity has been 

reached for on-site participants, 

notification will be sent that the meeting 

has reached capacity; however, those 

wishing to participate may still do so by 

teleconference. 

IV. Security, Building, and Parking 

Guidelines 

Because this meeting will be located 

on Federal property, for security 

reasons, any persons wishing to attend 

this meeting must register by 5 p.m. 

EDT on September 17, 2008. Individuals 

who have not registered by the 

registration deadline will not be allowed 

to enter the building to attend the 

meeting or attend the meeting by 

teleconference. Seating capacity is 

limited to the first 250 registrants. 

The on-site check-in for visitors will 

be held from 12:30 p.m. to 1:30 p.m. 

EDT. Participants should allow 

sufficient time to go through the 

security checkpoints. It is suggested that 

participants arrive at 7500 Security 

Boulevard no later than 1:30 p.m. EDT 

in order to arrive promptly at the 

meeting by 2 p.m. 

Security measures will include 

inspection of vehicles, inside and out, at 

the entrance to the grounds. In addition, 

all persons entering the building must 

pass through a metal detector. All items 

brought to the building, whether 

personal or for the purpose of 

demonstration or to support a 

presentation, are subject to inspection. 

In order to gain access to the building, 

participants will be required to show a 

government-issued photo identification 

(for example, driver’s license, or 


jlentini on PROD1PC65 with NOTICES