[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR416.26]



[Page 811]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 416_AMBULATORY SURGICAL SERVICES--Table of Contents

 

              Subpart B_General Conditions and Requirements

 

Sec. 416.26  Qualifying for an agreement.



    (a) Deemed compliance. CMS may deem an ASC to be in compliance with 

any or all of the conditions set forth in subpart C of this part if--

    (1) The ASC is accredited by a national accrediting body, or 

licensed by a State agency, that CMS determines provides reasonable 

assurance that the conditions are met;

    (2) In the case of deemed status through accreditation by a national 

accrediting body, where State law requires licensure, the ASC complies 

with State licensure requirements; and

    (3) The ASC authorizes the release to CMS, of the findings of the 

accreditation survey.

    (b) Survey of ASCs. (1) Unless CMS deems the ASC to be in compliance 

with the conditions set forth in subpart C of this part, the State 

survey agency must survey the facility to ascertain compliance with 

those conditions, and report its findings to CMS.

    (2) CMS surveys deemed ASCs on a sample basis as part of CMS's 

validation process.

    (c) Acceptance of the ASC as qualified to furnish ambulatory 

surgical services. If CMS determines, after reviewing the survey agency 

recommendation and other evidence relating to the qualification of the 

ASC, that the facility meets the requirements of this part, it sends to 

the ASC--

    (1) Written notice of the determination; and

    (2) Two copies of the ASC agreement.

    (d) Filing of agreement by the ASC. If the ASC wishes to participate 

in the program, it must--

    (1) Have both copies of the ASC agreement signed by its authorized 

representative; and

    (2) File them with CMS.

    (e) Acceptance by CMS. If CMS accepts the agreement filed by the 

ASC, returns to the ASC one copy of the agreement, with a notice of 

acceptance specifying the effective date.

    (f) Appeal rights. If CMS refuses to enter into an agreement or if 

CMS terminates an agreement, the ASC is entitled to a hearing in 

accordance with part 498 of this chapter.



[56 FR 8843, Mar. 1, 1991]