[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Notices]
[Page 83155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32704]



  Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / 
Notices  

[[Page 83155]]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

[HCFA-3002-N]
RIN 0938-AI96


Medicare Program; Application Process for National Organizations 
To Obtain Deeming Authority for Diabetes Self-Management Training 
Programs

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

ACTION: Notice.

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SUMMARY: This notice announces that we will accept applications from 
national accreditation organizations with demonstrated experience in 
representing the interests of individuals with diabetes that seek 
deeming authority to approve entities to furnish diabetes self-
management training.

EFFECTIVE DATE: This notice is effective on January 29, 2001.

FOR FURTHER INFORMATION CONTACT:

Joan A. Brooks, (410) 786-5526 or [email protected], or
Eva Fung (410) 786-7539 or [email protected].

ADDRESSES: Mail applications to the following address: Department of 
Health and Human Services, Health Care Financing Administration, 
Attention: Joan A. Brooks or Eva Fung, Office of Clinical Standards and 
Quality, Clinical Standards Group, Mail Stop: S3-02-01, 7500 Security 
Boulevard, Baltimore, Maryland 21244-1850.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 4105(a) of the Balanced Budget Act of 1997 (BBA) (Pub. L. 
105-33, enacted on August 5, 1997) provides coverage of outpatient 
diabetes self-management training furnished to beneficiaries with 
diabetes by entities deemed to meet certain quality standards. (For 
purposes of this notice, we are using the term ``training'' to mean 
outpatient diabetes self-management training.) We have published a 
final rule elsewhere in this Federal Register that provides for 
expanded coverage of the training. An entity may receive Medicare 
payment for furnishing training if the entity is accredited by a 
national accreditation organization that we have approved as having 
deeming authority and that meets certain other conditions for payment. 
Section 1865(b) of the Act authorizes us to approve and to recognize 
certain national accreditation organizations and their accreditation 
programs to accredit entities that furnish training. In these cases, we 
will deem the accredited entities to have met or exceeded the 
applicable set of quality standards.
    In order to ensure access to expanded quality services while 
accrediting organizations are being approved (as discussed in the 
preamble to the final rule), for the first 18 months after the 
effective date of the final rule we may deem an entity to meet the 
National Standards for Diabetes Self-Management Education Program 
(NSDSMEP) quality standards described in 42 CFR 410.144(b). Under 
Sec. 410.145(a)(2), an entity that currently meets the NSDSMEP must 
provide the Medicare contractor that will process its claims a copy of 
the current certificate the entity received from the American Diabetes 
Association (ADA) that verifies the training program it furnishes meets 
the NSDSMEP quality standards described in Sec. 410.144(b).
    All organizations (including the ADA) may apply to HCFA to become a 
national accreditation organization at any time after January 29, 2001 
according to the procedure specified in Sec. 410.142 of the final rule. 
We will strive to review and approve the applications as expeditiously 
as possible. We expect that after the initial 18 month period expires, 
there could be several accrediting organizations thereby eliminating 
any access concerns.

II. Applications

    Section 410.142 of the final rule (published elsewhere in this 
Federal Register) sets forth conditions and procedures for granting 
deeming authority to a national accreditation organization. We wish to 
emphasize that Sec. 410.142(b) requires an organization that does not 
use the quality standards described in Sec. 410.144(a) or (b) to 
prepare a detailed comparison, including a crosswalk that compares its 
quality standards to the HCFA quality standards described in 
Sec. 410.144(a). For consideration of its application, a national 
organization that seeks deeming authority to approve entities to 
furnish training should submit an application, including all 
information required by Sec. 410.142(b), to the address specified in 
the ADDRESSES section of this notice. We will accept and review 
applications we receive (as of the effective date of this notice) from 
a national accreditation organization that seeks deeming authority for 
training programs.
    This notice announces that we will accept applications before the 
effective date of the final diabetes self-management training rule 
(published elsewhere in this Federal Register), but we will not process 
them until the final rule becomes effective.

III. Waiver of Proposed Notice

    In adopting notices such as this, we ordinarily publish a proposed 
notice in the Federal Register to provide a period for public comment 
before the provisions of the notice take effect. However, we may waive 
this procedure if for good cause we find that prior notice and comment 
are impracticable, unnecessary or contrary to public interest (5 U.S.C. 
553(b)(B)). Section 1865(b)(3)(A) of the Act specifies that the 
Secretary will consider accreditation organizations' written requests 
for a grant of deeming authority. Following the statute, in our final 
rule on diabetes self-management training (published elsewhere in this 
Federal Register), we have developed a procedure for considering these 
requests. This final rule is being published after notice and comment. 
Therefore, because notice and an opportunity for comment were provided 
in the accompanying rule, and because this notice exercises no 
discretion, we find that it is unnecessary to provide a separate notice 
and comment period.

    Authority: Section 1865(b) of the Social Security Act (42 U.S.C. 
1395bb).

(Catalog of Federal Domestic Assistance Program No. 93.773 
Medicare--Hospital Insurance Program and No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: November 22, 2000.
Michael M. Hash,
Acting Administrator, Health Care Financing Administration.
[FR Doc. 00-32704 Filed 12-28-00; 8:45 am]
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