[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR488.10]



[Page 665-666]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 488_SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES--Table of 

 

                      Subpart A_General Provisions

 

Sec.  488.10  State survey agency review: Statutory provisions.



    (a) Section 1864(a) of the Act requires the Secretary to enter into 

an agreement with any State that is able and willing to do so, under 

which appropriate State or local survey agencies will determine whether:

    (1) Providers or prospective providers meet the Medicare conditions 

of participation or requirements (for SNFs and NFs);

    (2) Suppliers meet the conditions for coverage; and

    (3) Rural health clinics meet the conditions of certification.

    (b) Section 1865(a) of the Act provides that if an institution is 

accredited as a hospital by the JCAHO, it will be deemed to meet the 

conditions of participation:



[[Page 666]]



    (1) Except those specified in Sec.  488.5;

    (2) Provided that such hospital, if it is included within a 

validation survey, authorizes the JCAHO to release to CMS (on a 

confidential basis) upon request a copy of the most current JCAHO 

accreditation survey.

    (c) Section 1864(c) of the Act authorizes the Secretary to enter 

into agreements with State survey agencies for the purpose of conducting 

validation surveys in hospitals accredited by the JCAHO. Section 1865(b) 

provides that an accredited hospital which is found after a validation 

survey to have significant deficiencies related to the health and safety 

of patients will no longer be deemed to meet the conditions of 

participation.

    (d) Section 1865(a) of the Act also provides that if CMS finds that 

accreditation of a hospital; psychiatric hospital; SNF; HHA; hospice; 

ASC; RHC; CORF; laboratory; screening mammography service; critical 

access hospital; or clinic, rehabilitation agency, or public health 

agency provider of outpatient physical therapy, occupational therapy, or 

speech pathology services by any national accreditation organization 

provides reasonable assurance that any or all Medicare conditions are 

met, CMS may treat the provider or supplier as meeting the conditions.



[53 FR 22859, June 17, 1988, as amended at 56 FR 48879, Sept. 26, 1991; 

58 FR 61842, Nov. 23, 1993; 62 FR 46037, Aug. 29, 1997]