Medicare and Medicaid Programs; Hospital Conditions of Participation; Provider Agreements and Supplier Approval; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 416, 482, 485, and 489

[HCFA-3745-N]

RIN 0938-AG79

Medicare and Medicaid Programs; Hospital Conditions of

Participation; Provider Agreements and Supplier Approval; Extension of

Comment Period

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

ACTION: Notice of extension of comment period for proposed rule.

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SUMMARY: This document extends the comment period for a proposed rule

that generally would revise the hospital conditions of participation

under Medicare and Medicaid, published in the Federal Register (62 FR

66726) on December 19, 1997. The comment period is extended 60 days for

all provisions except the proposed new requirements relating to

interactions between hospitals and organ procurement organizations,

which are extended for an additional 14 days.

DATES: The comment period for all provisions except the proposed

requirements under Secs. 482.110(c) and 482.120(a)(8) is extended to 5

p.m. on April 20, 1998. The comment period for Secs. 482.110(c) and

482.120(a)(8) is extended until March 3, 1998.

ADDRESSES: Mail written comments (one original and three copies) to the

following address: Health Care Financing Administration, Department of

Health and Human Services, Attention: HCFA-3745-P, P.O. Box 7517,

Baltimore, MD 21207-0517.

If you prefer, you may deliver your written comments (one original

and three copies) to one of the following addresses: Room 309-G, Hubert

H. Humphrey Building, 200 Independence Avenue, SW, Washington, DC

20201, or Room C5-09-26, Central Building, 7500 Security Boulevard,

Baltimore, MD 21244-1850.

Because of staffing and resource limitations, we cannot accept

comments by facsimile (FAX) transmission. In commenting, please refer

to file code HCFA-3745-P. Comments received timely will be available

for public inspection as they are received, generally beginning

approximately 3 weeks after publication of a document, in Room 309-G of

the Department's offices at 200 Independence Avenue, SW, Washington,

DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m.

(phone: (202) 690-7890).

For comments that relate to information collection requirements,

mail a copy of comments to: Office of Information and Regulatory

Affairs, Office of Management and Budget, Room 10235, New Executive

Office Building, Washington, DC 20503, Attn: Allison Herron Eydt, HCFA

Desk Officer.

FOR FURTHER INFORMATION CONTACT:

Frank Emerson, (410) 786-4656; Doris Jackson, RN, (410) 786-0095;

Rachael Weinstein, RN, (410) 786-6775.

SUPPLEMENTARY INFORMATION: On December 19, 1997, we issued a proposed

rulemaking in the Federal Register (62 FR 66726) that would revise the

requirements that hospitals must meet to participate in the Medicare

and Medicaid programs. In addition, in an effort to increase the number

of organ donations, we proposed changes in the interaction between

hospitals and organ procurement organizations. The proposed rule also

specified that HCFA may terminate the participation agreement of a

hospital, skilled nursing facility, home health agency, or other

provider if the provider refuses to allow access to its facilities, or

examination of its operations or records, by or on behalf of HCFA, as

necessary to verify that it is complying with the Medicare law and

regulations and the terms of its provider agreement. We announced that

the public comment period would close at 5 p.m. on February 17, 1998.

Due to the complexity of this proposed rule and because numerous

commenters have requested more time to analyze the potential

consequences of the proposed rule, we have decided to extend the

comment period, for all but one provision specified below, for an

additional 60 days. This document announces the extension of the public

comment period to April 20, 1998 for all the provisions of the proposed

rule, except those related to the proposed new requirements under

Sec. 482.110(c) dealing with the responsibilities of hospitals with

respect to organ donation and Sec. 482.120(a)(8) dealing with the

mandatory submission of transplant-related data to the Organ

Procurement and Transplantation Network, the Scientific Registry, the

organ procurement organizations, and the Department of Health and Human

Services if a hospital performs any type of transplants.

Because of the importance this Administration places on improving

organ donation and transplantation, we intend to separate out

Secs. 482.110(c) and 482.120(a)(8) of the proposed regulations dealing

with the responsibilities of hospitals for organ donations and the

mandatory submission of transplant-related data to the Organ

Procurement and Transplantation Network, the Scientific Registry, the

organ procurement organizations, and the Department of Health and Human

Services if a hospital performs any type of transplants and publish

them as a separate final rule as promptly as possible. Therefore, we

are extending the comment period for these provisions for only two

weeks. The comment period for Secs. 482.110(c) and 482.120(a)(8) is

extended until March 3, 1998.

Authority: Secs. 1102 and 1871 of the Social Security Act (42

U.S.C. 1302 and 1395hh).

(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare

Hospital Insurance; Program No. 93.778, Medical Assistance Program)

Dated: February 12, 1998.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing Administration.

Dated: February 12, 1998.

Donna E. Shalala,

Secretary.

[FR Doc. 98-4073 Filed 2-13-98; 8:45 am]

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