CMS Approves Joint Commission's Application for Deeming Authority

In 2008, the Medicare Improvements for Patients and Providers Act of 2008 included a provision that changed the Joint Commission's deeming authority status with CMS. The law removed a unique deeming authority given to The Joint Commission via CMS since 1965, requiring instead that the accrediting body (as well as any other accrediting bodies seeking deeming status) to apply through CMS for that authority. Fellow accrediting organizations DNV Inc., and the Healthcare Facilities Accreditation Program (HFAP) also have to undergo this application process.

In order to prevent any breaks in accreditation for Joint Commission-accredited hospitals, a two-year transition period was included in the provision for The Joint Commission to apply for deeming authority through CMS. The Joint Commission completed its application and was approved within that two-year window.

During the application process, organizations such as the American Hospital Association (AHA) urged CMS to approve The Joint Commission's application.

"The Joint Commission's set of accreditation standards go beyond the minimum requirements of the Medicare Conditions of Participation and focus on key functional areas within the hospital, such as patient rights, patient care, and infection control," Rick Pollack, executive vice president of the AHA, stated in a letter to CMS in July.

Hospitals do not need to be accredited—it is a voluntary option, as is being "deemed" through an organization like The Joint Commission. Hospitals can elect to be surveyed by state surveyors working on behalf of CMS as an alternative to an accrediting organization, such as The Joint Commission.

The Joint Commission also has deeming authority for ambulatory surgery centers, critical access hospitals, durable medical equipment suppliers, home health, hospice, and laboratories.

"The Joint Commission is proud of its tradition of collaboration with CMS to provide quality oversight of hospitals," Pelletier says. "Accreditation is a proven method for improving the care of Medicare beneficiaries."