57 FR 34012, July 31, 1992, unless otherwise noted.
(a) Right to reconsideration.
(1) A national accreditation organization dissatisfied with a determination that its accreditation requirements do not provide (or do not continue to provide) reasonable assurance that the entities accredited by the accreditation organization meet the applicable long-term care requirements, conditions for coverage, conditions of certification, conditions of participation, or CLIA condition level requirements is entitled to a reconsideration as provided in this subpart.
(2) A State dissatisfied with a determination that the requirements it imposes on laboratories in that State and under the laws of that State do not provide (or do not continue to provide) reasonable assurance that laboratories licensed or approved by the State meet applicable CLIA requirements is entitled to a reconsideration as provided in this subpart.
(b) Eligibility for reconsideration. CMS will reconsider any determination to deny, remove or not renew the approval of deeming authority to private accreditation organizations, or any determination to deny, remove or not renew the approval of a State laboratory program for the purpose of exempting the State's laboratories from CLIA requirements, if the accreditation organization or State files a written request for a reconsideration in accordance with paragraphs (c) and (d) of this section.
(c) Manner and timing of request for reconsideration.
(1) A national accreditation organization or a State laboratory program described in paragraph (b), dissatisfied with a determination with respect to its deeming authority, or, in the case of a State, a determination with respect to the exemption of the laboratories in the State from CLIA requirements, may request a reconsideration of the determination by filing a request with CMS either directly by its authorized officials or through its legal representative. The request must be filed within 60 days of the receipt of notice of an adverse determination or nonrenewal as provided in subpart A of part 488 or subpart E of part 493, as applicable.
(2) Reconsideration procedures are available after the effective date of the decision to deny, remove, or not renew the approval of an accreditation organization or State laboratory program.
(d) Content of request. The request for reconsideration must specify the findings or issues with which the accreditation organization or State disagrees and the reasons for the disagreement.
A requestor may withdraw its request for reconsideration at any time before the issuance of a reconsideration determination.
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 § 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.
(a) CMS will provide written notice of the time and place of the informal hearing at least 10 days before the scheduled date.
(b) The informal reconsideration hearing will be conducted in accordance with the following procedures -
(1) The hearing is open to CMS and the organization requesting the reconsideration, including -
(i) Authorized representatives;
(ii) Technical advisors (individuals with knowledge of the facts of the case or presenting interpretation of the facts); and
(iii) Legal counsel;
(2) The hearing is conducted by the hearing officer who receives testimony and documents related to the proposed action;
(3) Testimony and other evidence may be accepted by the hearing officer even though it would be inadmissable under the usual rules of court procedures;
(4) Either party may call witnesses from among those individuals specified in paragraph (b)(1) of this section; and
(5) The hearing officer does not have the authority to compel by subpoena the production of witnesses, papers, or other evidence.
(a) Within 30 days of the close of the hearing, the hearing officer will present the findings and recommendations to the accreditation organization or State laboratory program that requested the reconsideration.
(b) The written report of the hearing officer will include -
(1) Separate numbered findings of fact; and
(2) The legal conclusions of the hearing officer.
(a) The hearing officer's decision is final unless the Administrator, within 30 days of the hearing officer's decision, chooses to review that decision.
(b) The Administrator may accept, reject or modify the hearing officer's findings.
(c) Should the Administrator choose to review the hearing officer's decision, the Administrator will issue a final reconsideration determination to the accreditation organization or State laboratory program on the basis of the hearing officer's findings and recommendations and other relevant information.
(d) The reconsideration determination of the Administrator is final.
(e) A final reconsideration determination against an accreditation organization or State laboratory program will be published by CMS in the Federal Register.