II 

108TH CONGRESS 

2D SESSION S. 2698

To amend title XVIII of the Social Security Act to revoke the unique ability 

of the Joint Commission for the Accreditation of Healthcare Organizations to deem hospitals to meet certain requirements under the medicare 

program and to provide for greater accountability of the Joint Commission to the Secretary of Health and Human Services. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2004

Mr. GRASSLEY (for himself and Mr. BAUCUS) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL

To amend title XVIII of the Social Security Act to revoke 

the unique ability of the Joint Commission for the Accreditation of Healthcare Organizations to deem hospitals 

to meet certain requirements under the medicare program and to provide for greater accountability of the 

Joint Commission to the Secretary of Health and Human 

Services.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Hospital Ac5 creditation Act of 2004’’. 
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•S 2698 IS 

1 SEC. 2. REVOCATION OF UNIQUE DEEMING AUTHORITY OF 

2 THE JOINT COMMISSION FOR THE ACCREDI3 TATION OF HEALTHCARE ORGANIZATIONS. 

4 (a) REVOCATION.—Section 1865 of the Social Secu5 rity Act (42 U.S.C. 1395bb) is amended—

6 (1) by striking subsection (a); and 

7 (2) by redesignating subsections (b), (c), (d), 

8 and (e) as subsections (a), (b), (c), and (d), respec9 tively. 

10 (b) CONFORMING AMENDMENTS.—(1) Such section 

11 is further amended—

12 (A) in subsection (a)(1), as so redesignated, by 

13 striking ‘‘In addition, if’’ and inserting ‘‘If’’; 

14 (B) in subsection (b), as so redesignated—

15 (i) by striking ‘‘released to him by the 

16 Joint Commission on Accreditation of Hos17 pitals,’’ and inserting ‘‘released to the Secretary 

18 by’’; and 

19 (ii) by striking the comma after ‘‘Associa20 tion’’; 

21 (C) in subsection (c), as so redesignated, by 

22 striking ‘‘pursuant to subsection (a) or (b)(1)’’ and 

23 inserting ‘‘pursuant to subsection (a)(1)’’; and 

24 (D) in subsection (d), as so redesignated, by 

25 striking ‘‘pursuant to subsection (a) or (b)(1)’’ and 

26 inserting ‘‘pursuant to subsection (a)(1)’’. 
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•S 2698 IS 

1 (2) Section 1861(e) of such Act (42 U.S.C. 1395x(e)) 

2 is amended in the fourth sentence by striking ‘‘and (ii) 

3 is accredited by the Joint Commission on Accreditation 

4 of Hospitals, or is accredited by or approved by a program 

5 of the country in which such institution is located if the 

6 Secretary finds the accreditation or comparable approval 

7 standards of such program to be essentially equivalent to 

8 those of the Joint Commission on Accreditation of Hos9 pitals’’ and inserting ‘‘and (ii) is accredited by a national 

10 accreditation body recognized by the Secretary under sec11 tion 1865(a), or is accredited by or approved by a program 

12 of the country in which such institution is located if the 

13 Secretary finds the accreditation or comparable approval 

14 standards of such program to be essentially equivalent to 

15 those of such a national accreditation body.’’. 

16 (3) Section 1864(c) of such Act (42 U.S.C. 

17 1395aa(c)) is amended by striking ‘‘pursuant to sub18 section (a) or (b)(1) of section 1865’’ and inserting ‘‘pur19 suant to section 1865(a)(1)’’. 

20 (4) Section 1875(b) of such Act (42 U.S.C. 

21 1395ll(b)) is amended by striking ‘‘the Joint Commission 

22 on Accreditation of Hospitals,’’ and inserting ‘‘national ac23 creditation bodies under section 1865(a)’’. 
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•S 2698 IS 

1 (5) Section 1834(a)(20)(B) of such Act (42 U.S.C. 

2 1395m(a)(20)(B)) is amended by striking ‘‘section 

3 1865(b)’’ and inserting ‘‘section 1865(a)’’. 

4 (6) Section 1852(e)(4)(C) of such Act (42 U.S.C. 

5 1395w–22(e)(4)(C)) is amended by striking ‘‘section 

6 1865(b)(2)’’ and inserting ‘‘section 1865(a)(2)’’. 

7 (c) AUTHORITY TO RECOGNIZE JCAHO AS A NA8 TIONAL ACCREDITATION BODY.—The Secretary of Health 

9 and Human Services may recognize the Joint Commission 

10 on Accreditation of Healthcare Organizations as a na11 tional accreditation body under section 1865 of the Social 

12 Security Act (42 U.S.C. 1395bb), as amended by this sec13 tion, upon such terms and conditions, and upon submis14 sion of such information, as the Secretary may require. 

15 (d) EFFECTIVE DATE; TRANSITION RULE.—(1) Sub16 ject to paragraph (2), the amendments made by this sec17 tion shall apply with respect to accreditations of hospitals 

18 granted on or after the date that is 18 months after the 

19 date of the enactment of this Act. 

20 (2) For purposes of title XVIII of the Social Security 

21 Act (42 U.S.C. 1395 et seq.), the amendments made by 

22 this section shall not effect the accreditation of a hospital 

23 by the Joint Commission on Accreditation of Healthcare 

24 Organizations, or under accreditation or comparable ap25 proval standards found to be essentially equivalent to ac-
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1 creditation or approval standards of the Joint Commission 

2 on Accreditation of Healthcare Organizations, for the pe3 riod of time applicable under such accreditation.

Æ