Deeming Authority

• In 2006, CMS created regulations allowing Joint Commission accreditations to deem hospitals as compliant with CMS regulations and requirements, thus substituting for CMS audits. When giving the Joint Commission its "deeming power," CMS worked laid out a set of specific criteria it required the Joint Commission to enforce as part of its accreditation procedures which include review of compliance with local, state and federal laws, billing procedures and several patient care measures.
  
  

Renewal

• In 2008, Congress passed legislation requiring the Joint Commission to make official application to renew and continue its role in certifying hospitals on behalf of CMS. The Joint Commission's subsequent application resulted in continued "deeming authority" into 2015. Accordingly, a hospital with a Joint Commission accreditation has no further need of showing compliance with Medicare and Medicaid regulations.
  
  

Hospital Choice

• Not all hospitals choose to certify themselves as Medicare compliant through the Joint Commission. Hospitals that do not meet Joint Commission standards or who disagree with Joint Commission determinations can ask for CMS to perform an audit directly. The Joint Commission must respect a CMS determination even if it disagrees or has contrary findings.
  
  

Joint Commission Authority

• Although Joint Commission accreditation carries significant weight in the health care industry and many regard it as a benchmark of quality for a medical facility, the organization has no legal or regulatory authority and cannot mandate anything of a medical facility. A facility's participation in Joint Commission programs is strictly voluntary. Hospitals need only comply with their state and county departments of health to maintain their licenses and ability to treat patients.