[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: 42CFR488.7]



[Page 661-662]

 

                         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.  488.7  Validation survey.



    (a) Basis for survey. CMS may require a survey of an accredited 

provider or supplier to validate its organization's



[[Page 662]]



accreditation process. These surveys will be conducted on a 

representative sample basis, or in response to substantial allegations 

of noncompliance.

    (1) When conducted on a representative sample basis, the survey is 

comprehensive and addresses all Medicare conditions or is focused on a 

specific condition or conditions.

    (2) When conducted in response to a substantial allegation, the 

State survey agency surveys for any condition that CMS determines is 

related to the allegations.

    (3) If the State survey agency substantiates a deficiency and CMS 

determines that the provider or supplier is out of compliance with any 

Medicare condition, the State survey agency conducts a full Medicare 

survey.

    (b) Effect of selection for survey. A provider or supplier selected 

for a validation survey must--

    (1) Authorize the validation survey to take place; and

    (2) Authorize the State survey agency to monitor the correction of 

any deficiencies found through the validation survey.

    (c) Refusal to cooperate with survey. If a provider or supplier 

selected for a validation survey fails to comply with the requirements 

specified in paragraph (b) of this section, it will no longer be deemed 

to meet the Medicare conditions but will be subject to full review by 

the State survey agency in accordance with Sec.  488.11 and may be 

subject to termination of its provider agreement under Sec.  489.53 of 

this chapter.

    (d) Consequences of finding of noncompliance. If a validation survey 

results in a finding that the provider or supplier is out of compliance 

with one or more Medicare conditions, the provider or supplier will no 

longer be deemed to meet any Medicare conditions. Specifically, the 

provider or supplier will be subject to the participation and 

enforcement requirements applied to all providers or suppliers that are 

found out of compliance following a State agency survey under Sec.  

488.24 and to full review by a State agency survey in accordance with 

Sec.  488.11 and may be subject to termination of the provider agreement 

under Sec.  439.53 of this chapter and any other applicable intermediate 

sanctions and remedies.

    (e) Reinstating effect of accreditation. An accredited provider or 

supplier will again be deemed to meet the Medicare conditions in 

accordance with this section if--

    (1) It withdraws any prior refusal to authorize its accreditation 

organization to release a copy of the provider's or supplier's current 

accreditation survey;

    (2) It withdraws any prior refusal to allow a validation survey; and

    (3) CMS finds that the provider or supplier meets all the applicable 

Medicare conditions. If CMS finds that an accredited facility meets the 

Life Safety Code Standard by virtue of a plan of correction, the State 

survey agency will continue to monitor the facility until it is in 

compliance with the Life Safety Code Standard.



[58 FR 61840, Nov. 23, 1993]