Joint Commission Must Reapply for Hospital Deeming Authority

The Joint Commission's hospital deeming authority is no longer the unalienable right it's been for more than 40 years. That's because Congress is requiring the Joint Commission, which accredits 88 percent of the nation's hospitals, to reapply for the authority to certify that hospitals are eligible to participate in the Medicare program.

Since 1965, the Medicare statute has specifically given the Joint Commission's hospital accreditation program the unique deeming authority for hospitals. That was stripped away on July 15 when Congress voted to override President Bush's veto of the Medicare Improvements for Patients and Providers Act of 2008. The act includes a provision relating to hospital accreditation deemed status.

Accredited hospitals won't lose their deemed status, says the Joint Commission. The provision contains a transition period so as not to disrupt the deemed status of accredited hospitals, in addition to a 24-month period for the Joint Commission to apply for deeming authority and be recognized by CMS. "The Joint Commission will apply for and is confident that it will receive deeming authority," says the commission in a statement on its Web site.

For details of why the Joint Commission itself is under review, see this report in the Fort Worth Star-Telegram.