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HHSCMS
  • By Learn Laws®
  • Published 07/10/2026
  • Updated 07/10/2026

CMS Extends The Joint Commission's Authority to Accredit Home Health Agencies for Medicare and Medicaid Programs


The Centers for Medicare & Medicaid Services (CMS) recently announced its decision to grant The Joint Commission (TJC) continued approval as a national accrediting organization for Home Health Agencies (HHAs) seeking to participate in the Medicare and Medicaid programs. This re-approval, formalized in a Federal Register notice, maintains a critical pathway for HHAs to demonstrate compliance with federal health and safety standards. The notice confirms CMS's finding that TJC's accreditation program continues to meet or exceed Medicare's stringent requirements, with the decision applicable from March 31, 2026, through March 31, 2032.

The Framework of Home Health Agency Participation

Under the Medicare program, eligible beneficiaries can receive covered services from an HHA if the agency meets specific criteria. Sections 1861(m) and (o) of the Social Security Act establish distinct requirements for HHAs. Federal regulations, particularly those at 42 CFR part 484, detail the minimum conditions HHAs must satisfy to participate in Medicare. Traditionally, HHAs are certified by a State survey agency (SA) to ensure compliance with these conditions and are subject to regular surveys.

However, the Act also provides an alternative pathway. Section 1865(a)(1) stipulates that if a provider entity demonstrates through accreditation by a CMS-approved national accrediting organization (AO) that it meets or exceeds all applicable Medicare requirements, CMS will "deem" those provider entities as having met such requirements. This process, known as deeming authority, offers HHAs a voluntary route to satisfy federal participation conditions, providing flexibility while upholding rigorous standards. AOs like The Joint Commission must periodically reapply for continued approval of their accreditation programs, typically every six years, to maintain this authority.

CMS's Rigorous Review Process

The approval process for national accrediting organizations is governed by a statutory timetable designed to ensure timely and thorough evaluation. The Social Security Act requires CMS to complete its review within 210 days of receiving a complete application. Within the first 60 days, CMS must publish a notice in the Federal Register, identifying the requesting AO, describing the request, and providing a public comment period of no less than 30 days. At the conclusion of the 210-day period, a final notice approving or denying the application must be published. Notably, the Federal Register entry indicated a delay in publishing TJC's proposed notice and subsequent approval due to a government shutdown.

CMS's assessment of an AO's application is comprehensive. It includes, but is not limited to, a review of the AO's corporate policies, financial viability, and its capacity to investigate and respond appropriately to allegations of Medicare program violations. Furthermore, CMS critically evaluates the AO's survey processes to confirm they are comparable to those used by State agencies, ensuring the AO can adequately assess whether a provider meets or exceeds Medicare requirements. Other key factors include the composition of the survey team, procedures for monitoring accredited HHAs found to be out of compliance, the AO's ability to report deficiencies, and its agreement to provide CMS with survey reports and corrective action plans upon request. These criteria, outlined in regulations like Sections 488.4 and 488.5, underscore the depth of CMS's oversight.

The Joint Commission's Successful Application

On April 3, 2026, CMS published a proposed notice in the Federal Register announcing The Joint Commission's request for continued approval of its Medicare HHA accreditation program. This notice initiated the public comment period, inviting stakeholders to provide input on whether TJC's requirements adequately met or exceeded Medicare's Conditions of Participation for HHAs. Following the open comment period, CMS confirmed that no public comments were received in response to the proposed notice.

In its review, CMS meticulously compared The Joint Commission's HHA accreditation requirements and survey processes against the Medicare Conditions of Participation specified in 42 CFR part 484, as well as the survey and certification process requirements in parts 488 and 489. The outcome of this extensive evaluation was definitive: CMS's review and evaluation of TJC's application yielded no findings that required The Joint Commission to revise their application. This finding signifies a strong alignment between TJC's accreditation standards and the federal requirements for home health agencies.

Implications for Home Health Care

The continued approval of The Joint Commission's HHA accreditation program carries significant implications for the home health sector and the beneficiaries it serves. For HHAs, it provides regulatory stability and a clear, established path to demonstrate compliance with federal standards, allowing them to participate in Medicare and Medicaid programs without the need for state agency surveys. This continuity is vital for the operational planning and growth of these essential healthcare providers.

More broadly, the decision reinforces the federal government's commitment to ensuring high quality and safety standards in home-based care. The rigorous review process undertaken by CMS, overseen by Administrator Mehmet Oz, ensures that HHAs accredited by The Joint Commission continue to adhere to benchmarks that protect patient well-being and maintain program integrity. The ongoing role of such accrediting organizations is integral to the oversight architecture of federal healthcare programs.

Looking Forward

CMS's decision to re-approve The Joint Commission's home health accreditation program underscores the federal government's continued reliance on independent accrediting bodies to ensure quality and compliance within critical healthcare sectors. This decision provides regulatory stability for home health agencies nationwide, allowing them to continue serving Medicare and Medicaid beneficiaries under established and rigorous standards. Moving forward, the collaborative oversight model involving CMS and AOs like The Joint Commission will remain vital in adapting to evolving patient needs, technological advancements in home care, and potential shifts in federal healthcare policy, all while prioritizing the safety and well-being of vulnerable populations receiving in-home services.

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