[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44255-44256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17293]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3259-FN]


Medicare Program; Application by the American Association of 
Diabetes Educators (AADE) for Continued Recognition as a National 
Accreditation Organization for Accrediting Entities To Furnish 
Outpatient Diabetes Self-Management Training

AGENCY: Centers for Medicare & Medicare Services (CMS), HHS.

ACTION: Final Notice.

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SUMMARY: This final notice announces the approval of an application 
from the American Association of Diabetes Educators for continued 
recognition as a national accreditation program for accrediting 
entities that wish to furnish outpatient diabetes self-management 
training to Medicare beneficiaries.

DATES: Effective Date: This notice is effective on August 27, 2012.

FOR FURTHER INFORMATION CONTACT: Jacqueline Leach, (410) 786-4282.
    Kristin Shifflett, (410) 786-4133.
    Maria Hammel, (410) 786-1775.

SUPPLEMENTARY INFORMATION

I. Background

    Under the Medicare program, eligible beneficiaries may receive 
outpatient diabetes self-management training (DSMT) when ordered by the 
physician (or qualified non-physician practitioner) treating the 
beneficiary's diabetes, provided certain requirements are met by the 
provider. Pursuant to our regulations at 42 CFR 410.141(e)(3), we use 
national accrediting organizations (NAOs) to assess whether provider 
entities meet Medicare requirements when providing DSMT services for 
which Medicare payment is made. If a provider entity is accredited by 
an approved accrediting organization, it is ``deemed'' to meet 
applicable Medicare requirements.
    Under section 1865(a)(1)(B) of the Social Security Act (the Act), a 
NAO must have an agreement in effect with the Secretary, and meet the 
standards and requirements specified by the Secretary in part 410, 
subpart H, to qualify for deeming authority. The regulations pertaining 
to application procedures for NAOs for DSMT are specified at Sec.  
410.142 (CMS process for approving national accreditation 
organizations).
    A NAO applying for deeming authority must provide us with 
reasonable assurance that the accrediting organization requires 
accredited entities to meet requirements that are at least as stringent 
as our requirements.
    We may approve and recognize a nonprofit organization with 
demonstrated experience in representing the interests of individuals 
with diabetes to accredit entities to furnish DSMT. The accreditation 
organization, after being approved and recognized by CMS, may accredit 
an entity to meet one of the sets of quality standards in Sec.  410.144 
(Quality standards for deemed entities).
    Section 1865(a)(2) of the Act further requires that we review the 
applying accreditation organization's requirements for accreditation, 
as follows:
     Survey procedures.
     Ability to provide adequate resources for conducting 
required surveys.
     Ability to supply information for use in enforcement 
activities.
     Monitoring procedures for providers found out of 
compliance with the conditions or requirements.
     Ability to provide CMS with necessary data for validation.
    We then examine the NAO's accreditation requirements to determine 
if they meet or exceed the Medicare conditions as we would have applied 
them. Section 1865(a)(3)(A) of the Act requires that we publish a 
notice identifying the national accreditation body making the request 
within 30 days of receipt of a completed application. The notice must 
describe the nature of the request and provide at least a 30-day public 
comment period. We have 210 days from receipt of the request to publish 
a finding of approval or denial of the application. If we recognize an 
accreditation organization in this manner, any entity accredited by the 
national accreditation body's CMS-approved program for that service 
will be ``deemed'' to meet the Medicare conditions for coverage.

II. Provisions of the Proposed Notice

    On February 24, 2012, we published a proposed notice in the Federal 
Register (77 FR 11130) entitled, ``Application by the American 
Association of Diabetes Educators (AADE) for Continued Recognition as a 
National Accreditation Organization for Accrediting Entities to Furnish 
Outpatient Diabetes Self-Management Training,'' to notify the public of 
the AADE's request for continued approval of its accreditation to deem 
entities furnishing DSMT services.

III. Analysis of and Responses to Public Comments on the Proposed 
Notice

    We received 1 public comment in response to the February 24, 2012 
proposed notice. A summary of the comment and our response is set forth 
below.
    Comment: A commenter supported the approval of the AADE to deem 
DSMT programs. The commenter stated that the AADE provides guidance for 
its members and represents the values of the profession. The commenter 
further stated that qualified diabetes educators can lead the way 
toward a healthier population by guiding those with chronic conditions 
toward healthier lifestyles and stronger self-advocacy.
    Response: We thank the commenter for his or her comment. The goal 
of the DSMT program is to provide

[[Page 44256]]

beneficiaries with tools to better manage their diabetes and to achieve 
good clinical and behavioral outcomes. Based on the information 
submitted by the AADE, we believe that the AADE is striving to meet the 
same goals we developed for quality DSMT.

IV. Provisions of the Final Notice

    AADE's application to continue as an accredited NAO to deem 
entities for the purposes of DSMT is approved for a period of 3 years. 
The accreditation is effective on August 27, 2012. This approval is 
subject to renewal subsequent to the receipt of an application from the 
AADE and subject to review, evaluation, and approval of its program.

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.

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

    Dated: July 3, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2012-17293 Filed 7-26-12; 8:45 am]
BILLING CODE 4120-01-P