[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: 42CFR488.205]



[Page 917]

 

                         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 D_Reconsideration of Adverse Determinations_Deeming Authority 

for Accreditation Organizations and CLIA Exemption of Laboratories Under 

                             State Programs

 

Sec.  488.205  Right to informal hearing.



    In response to a request for reconsideration, CMS will provide the 

accreditation organization or the State laboratory program the 

opportunity for an informal hearing as described in Sec.  488.207 that 

will--

    (a) Be conducted by a hearing officer appointed by the Administrator 

of CMS; and

    (b) Provide the accreditation organization or State laboratory 

program the opportunity to present, in writing or in person, evidence or 

documentation to refute the determination to deny approval, or to 

withdraw or not renew deeming authority or the exemption of a State's 

laboratories from CLIA requirements.