CLIA Program; Announcement of the Re-Approval of the College of American Pathologists (CAP) as an Accreditation Organization Under the Clinical Laboratory Improvement Amendments of 1988, 16371-16373 [2021-06439]

Download as PDF Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices The Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. The Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Kalwant Smagh, Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention. Kalwant Smagh, Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention. [FR Doc. 2021–06368 Filed 3–26–21; 8:45 am] [FR Doc. 2021–06370 Filed 3–26–21; 8:45 am] BILLING CODE 4163–18–P BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Centers for Medicare & Medicaid Services Notice of Closed Meeting [CMS–3408–N] Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of the Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, CDC, pursuant to Public Law 92–463. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)— RFA OH–21–007, Continuation and Expansion of the National Mesothelioma Virtual Bank for Translational Research. Date: May 11, 2021. Time: 1:00 p.m.–3:00 p.m., EDT. Place: Teleconference. Agenda: To review and evaluate grant applications. For Further Information Contact: Laurel Garrison, M.P.H., Scientific Review Official, National Institute for Occupational Safety and Health, CDC, 5555 Ridge Avenue, Cincinnati, Ohio 45213, Telephone (513) 533–8324; LGarrison@cdc.gov. CLIA Program; Announcement of the Re-Approval of the College of American Pathologists (CAP) as an Accreditation Organization Under the Clinical Laboratory Improvement Amendments of 1988 VerDate Sep<11>2014 17:20 Mar 26, 2021 Jkt 253001 Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. AGENCY: This notice announces the application of the College of American Pathologists (CAP) for approval as an accreditation organization for clinical laboratories under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) program. We have determined that the CAP meets or exceeds the applicable CLIA requirements. In this notice, we announce the approval and grant CAP deeming authority for a period of 6 years. DATES: This notice is effective from March 27, 2021 until March 26, 2027. FOR FURTHER INFORMATION CONTACT: Cindy Flacks, 410–786–6520. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background and Legislative Authority On October 31, 1988, the Congress enacted the Clinical Laboratory Improvement Amendments of 1988 (CLIA) (Pub. L. 100–578). CLIA amended section 353 of the Public Health Service Act. We issued a final rule implementing the accreditation provisions of CLIA on July 31, 1992 (57 FR 33992). Under those provisions, we may grant deeming authority to an PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 16371 accreditation organization if its requirements for laboratories accredited under its program are equal to or more stringent than the applicable CLIA program requirements in 42 CFR part 493 (Laboratory Requirements). Subpart E of part 493 (Accreditation by a Private, Nonprofit Accreditation Organization or Exemption Under an Approved State Laboratory Program) specifies the requirements an accreditation organization must meet to be approved by CMS as an accreditation organization under CLIA. II. Notice of Approval of CAP as an Accreditation Organization In this notice, we approve the College of American Pathologists (CAP) as an organization that may accredit laboratories for purposes of establishing their compliance with CLIA requirements in all specialties and subspecialties. We have examined the initial CAP application and all subsequent submissions to determine its accreditation program’s equivalency with the requirements for approval of an accreditation organization under subpart E of part 493. We have determined that the CAP meets or exceeds the applicable CLIA requirements. We have also determined that the CAP will ensure that its accredited laboratories will meet or exceed the applicable requirements in subparts H, I, J, K, M, Q, and the applicable sections of R. Therefore, we grant the CAP approval as an accreditation organization under subpart E of part 493, for the period stated in the DATES section of this notice for all specialties and subspecialties under CLIA. As a result of this determination, any laboratory that is accredited by the CAP during the time period stated in the DATES section of this notice will be deemed to meet the CLIA requirements for the listed specialties and subspecialties, and therefore, will generally not be subject to routine inspections by a state survey agency to determine its compliance with CLIA requirements. The accredited laboratory, however, is subject to validation and complaint investigation surveys performed by CMS, or its agent(s). III. Evaluation of the CAP Request for Approval as an Accreditation Organization Under CLIA The following describes the process used to determine that the CAP accreditation program meets the necessary requirements to be approved by CMS and that, as such, we may approve the CAP as an accreditation program with deeming authority under the CLIA program. The CAP formally E:\FR\FM\29MRN1.SGM 29MRN1 16372 Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices applied to CMS for approval as an accreditation organization under CLIA for all specialties and subspecialties. In reviewing these materials, we reached the following determinations for each applicable part of the CLIA regulations: CLIA in its specific requirements for the Laboratory Information System that include requirements for computer facility, hardware and software, system security, patient data, auto verification, data retrieval and preservation, interfaces, and telepathology. A. Subpart E—Accreditation by a Private, Nonprofit Accreditation Organization or Exemption Under an Approved State Laboratory Program The CAP submitted its mechanism for monitoring compliance with all requirements equivalent to conditionlevel requirements, a list of all its current laboratories and the expiration date of their accreditation, and a detailed comparison of the individual accreditation requirements with the comparable condition-level requirements. We have determined that the CAP policies and procedures for oversight of laboratories performing all laboratory testing covered by CLIA are equivalent to those required by our CLIA regulations in the matters of inspection, monitoring proficiency testing (PT) performance, investigating complaints, and making PT information available. The CAP submitted documentation regarding its requirements for monitoring and inspecting laboratories and describing its own standards regarding accreditation organization data management, inspection processes, procedures for removal or withdrawal of accreditation, notification requirements, and accreditation organization resources. We have determined that the requirements of the accreditation program submitted for approval are equal to or more stringent than the requirements of the CLIA regulations. D. Subpart K—Quality System for Nonwaived Testing We have determined that the quality control requirements of the CAP are more stringent than the CLIA requirements at §§ 493.1200 through 493.1299. The CAP lists extensive requirements for the methodologies of clinical biochemical genetics, molecular pathology and flow cytometry, which are presented in separate checklists. The CAP’s control procedure requirements for molecular testing and histocompatibility are more specific and detailed than the CLIA requirements for control procedures. Laboratories accredited by the CAP, performing waived testing must follow the same requirements that apply to non-waived testing for procedure manuals, specimen handling, results reporting, instruments, and equipment. Under CLIA, the subpart K Quality System requirements do not apply to waived testing. B. Subpart H—Participation in Proficiency Testing for Laboratories Performing Nonwaived Testing We have determined that the CAP’s requirements are equal to or more stringent than the CLIA requirements at §§ 493.801 through 493.865. Consistent with the CLIA requirements, all of the CAP’s accredited laboratories are required to participate in an HHSapproved PT program for tests listed in subpart I. CLIA exempts waived testing from PT, whereas the CAP requires its accredited laboratories to participate in a PT program for test systems waived under CLIA. C. Subpart J—Facility Administration for Nonwaived Testing The CAP requirements are equal to or more stringent than the CLIA requirements at §§ 493.1100 through 493.1105. CAP is more stringent than VerDate Sep<11>2014 17:20 Mar 26, 2021 Jkt 253001 E. Subpart M—Personnel for Nonwaived Testing We have determined that the CAP requirements are equal to or more stringent than the CLIA requirements at §§ 493.1403 through 493.1495 for laboratories that perform moderate and high complexity testing. For certain types of testing, such as molecular testing, the experience requirements for General Supervisor are more closely related to the specific testing technology than the CLIA requirements. The CAP requires training and annual competency assessment for staff who perform waived testing. CLIA regulations do not contain such requirements for persons performing waived testing. F. Subpart Q—Inspection We have determined that the CAP inspection requirements are equal to or more stringent than the CLIA requirements at §§ 493.1771 through 493.1780. The CAP will continue to conduct biennial onsite inspections. During the onsite inspection, the CAP requires that the inspector meet with the hospital administrator or medical staff to obtain their feedback on the laboratory service. The CAP also requires a mid-cycle self-inspection of all accredited laboratories. CLIA regulations do not contain these requirements. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 G. Subpart R—Enforcement Procedures We have determined that the CAP meets the requirements of subpart R to the extent that it applies to accreditation organizations. The CAP’s policy sets forth the actions the organization takes when laboratories it accredits do not comply with its requirements and standards for accreditation. When appropriate, the CAP will deny, suspend, or revoke accreditation in a laboratory accredited by the CAP and report that action to us within 30 days. The CAP also provides an appeals process for laboratories that have had accreditation denied, suspended, or revoked. We have determined that the CAP’s laboratory enforcement and appeal policies are equal to or more stringent than the requirements of part 493 subpart R as they apply to accreditation organizations. IV. Federal Validation Inspections and Continuing Oversight The federal validation inspections of laboratories accredited by the CAP may be conducted on a representative sample basis or in response to substantial allegations of noncompliance (that is, complaint inspections). The outcome of those validation inspections, performed by CMS or our agents, or the state survey agencies, will be our principal means for verifying that the laboratories accredited by the CAP remain in compliance with CLIA requirements. This federal monitoring is an ongoing process. V. Removal of Approval as an Accrediting Organization Our regulations provide that we may rescind the approval of an accreditation organization, such as that of the CAP, for cause, before the end of the effective date of approval. If we determine that the CAP has failed to adopt, maintain and enforce requirements that are equal to, or more stringent than, the CLIA requirements, or that systemic problems exist in its monitoring, inspection or enforcement processes, we may impose a probationary period, not to exceed 1 year, in which the CAP would be allowed to address any identified issues. Should the CAP be unable to address the identified issues within that timeframe, we may, in accordance with the applicable regulations, revoke the CAP’s deeming authority under CLIA. Should circumstances result in our withdrawal of the CAP’s approval, we will publish a notice in the Federal Register explaining the basis for removing its approval. E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices VI. Collection of Information Requirements This notice does not impose any information collection and record keeping requirements subject to the Paperwork Reduction Act (PRA). Consequently, it does not need to be reviewed by the Office of Management and Budget (OMB) under the authority of the PRA. The requirements associated with the accreditation process for clinical laboratories under the CLIA program, and the implementing regulations in 42 CFR part 493, subpart E, are currently approved under OMB control number 0938–0686. VII. Executive Order 12866 Statement In accordance with the provisions of Executive Order 12866, this notice was not reviewed by the Office of Management and Budget. The Acting Administrator of the Centers for Medicare & Medicaid Services (CMS), Elizabeth Richter, having reviewed and approved this document, authorizes Lynette Wilson, who is the Federal Register Liaison, to electronically sign this document for purposes of publication in the Federal Register. Dated: March 24, 2021. Lynette Wilson, Federal Register Liaison, Centers for Medicare & Medicaid Services. [FR Doc. 2021–06439 Filed 3–26–21; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS–3404–FN] Medicare and Medicaid Programs; Application From the Joint Commission for Continued Approval of Its Hospice Accreditation Program Centers for Medicare & Medicaid Services (CMS), Health and Human Services (HHS). ACTION: Final notice. AGENCY: This final notice announces our decision to approve The Joint Commission for continued recognition as a national accrediting organization for hospices that wish to participate in the Medicare or Medicaid programs. DATES: The decision announced in this notice is effective on June 18, 2021 through June 18, 2025. FOR FURTHER INFORMATION CONTACT: Caecilia Blondiaux, (410) 786–2190. SUPPLEMENTARY INFORMATION: SUMMARY: VerDate Sep<11>2014 17:20 Mar 26, 2021 Jkt 253001 I. Background Under the Medicare program, eligible beneficiaries may receive covered services from a hospice provided certain requirements are met. Section 1861(dd) of the Social Security Act (the Act) establish distinct criteria for facilities seeking designation as a hospice. Regulations concerning provider agreements are at 42 CFR part 489 and those pertaining to activities relating to the survey and certification of facilities are at 42 CFR part 488. The regulations at 42 CFR part 418 specify the minimum conditions that a hospice must meet to participate in the Medicare program. Generally, to enter into an agreement, a hospice must first be certified by a state survey agency (SA) as complying with the conditions or requirements set forth in part 418 of our regulations. Thereafter, the hospice is subject to regular surveys by a SA to determine whether it continues to meet these requirements. There is an alternative; however, to surveys by SAs. Section 1865(a)(1) of the Act provides that, if a provider entity demonstrates through accreditation by Centers for Medicare & Medicaid Services (CMS)approved national accrediting organization (AO) that all applicable Medicare requirements are met or exceeded, we will deem those provider entities as having met such requirements. Accreditation by an AO is voluntary and is not required for Medicare participation. If an AO is recognized by the Secretary of the Department of Health and Human Services as having standards for accreditation that meet or exceed Medicare requirements, any provider entity accredited by the national accrediting body’s approved program would be deemed to meet the Medicare conditions. A national AO applying for approval of its accreditation program under part 488, must provide CMS with reasonable assurance that the AO requires the accredited provider entities to meet requirements that are at least as stringent as the Medicare conditions. Our regulations concerning the approval of AOs are set forth at §§ 488.4 and 488.5. The regulations at § 488.5(e)(2)(i) require AOs to reapply for continued approval of its accreditation program every 6 years or sooner, as determined by CMS. The Joint Commission’s (TJC’s) current term of approval for their hospice accreditation program expires June 18, 2021. II. Application Approval Process Section 1865(a)(3)(A) of the Act provides a statutory timetable to ensure PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 16373 that our review of applications for CMSapproval of an accreditation program is conducted in a timely manner. The Act provides us 210 days after the date of receipt of a complete application, along with any documentation necessary to make our determination, to complete our survey and review activities. Within 60 days after receiving a complete application, we must publish a notice in the Federal Register that identifies the national accrediting body making the request, describes the request, and provides no less than a 30-day public comment period. At the end of the 210day period, we must publish notice in the Federal Register of our decision to approve or deny the application. III. Provisions of the Proposed Notice On November 9, 2020, we published a proposed notice in the Federal Register (85 FR 71343), announcing TJC’s request for continued approval of its Medicare hospice accreditation program. In the November 9, 2020 proposed notice, we detailed our evaluation criteria. Under section 1865(a)(2) of the Act and in our regulations at § 488.5, we conducted a review of TJC’s Medicare hospice accreditation application in accordance with the criteria specified by our regulations, which include, but are not limited to the following: • An onsite administrative review of TJC’s: (1) Corporate policies; (2) financial and human resources available to accomplish the proposed surveys; (3) procedures for training, monitoring, and evaluation of its hospice surveyors; (4) ability to investigate and respond appropriately to complaints against accredited hospices; and (5) survey review and decision-making process for accreditation. • The comparison of TJC’s Medicare hospice accreditation program standards to our current Medicare hospice conditions of participation (CoPs). • A documentation review of TJC’s survey process to do the following: ++ Determine the composition of the survey team, surveyor qualifications, and TJC’s ability to provide continuing surveyor training. ++ Compare TJC’s processes to those we require of SAs, including periodic resurvey and the ability to investigate and respond appropriately to complaints against TJC-accredited hospices. ++ Evaluate TJC’s procedures for monitoring and follow up with its accredited hospices, which it has found to have deficiencies and are out of compliance with TJC’s program requirements. (This pertains only to monitoring procedures when TJC E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16371-16373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06439]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3408-N]


CLIA Program; Announcement of the Re-Approval of the College of 
American Pathologists (CAP) as an Accreditation Organization Under the 
Clinical Laboratory Improvement Amendments of 1988

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the application of the College of 
American Pathologists (CAP) for approval as an accreditation 
organization for clinical laboratories under the Clinical Laboratory 
Improvement Amendments of 1988 (CLIA) program. We have determined that 
the CAP meets or exceeds the applicable CLIA requirements. In this 
notice, we announce the approval and grant CAP deeming authority for a 
period of 6 years.

DATES: This notice is effective from March 27, 2021 until March 26, 
2027.

FOR FURTHER INFORMATION CONTACT: Cindy Flacks, 410-786-6520.

SUPPLEMENTARY INFORMATION:

I. Background and Legislative Authority

    On October 31, 1988, the Congress enacted the Clinical Laboratory 
Improvement Amendments of 1988 (CLIA) (Pub. L. 100-578). CLIA amended 
section 353 of the Public Health Service Act. We issued a final rule 
implementing the accreditation provisions of CLIA on July 31, 1992 (57 
FR 33992). Under those provisions, we may grant deeming authority to an 
accreditation organization if its requirements for laboratories 
accredited under its program are equal to or more stringent than the 
applicable CLIA program requirements in 42 CFR part 493 (Laboratory 
Requirements). Subpart E of part 493 (Accreditation by a Private, 
Nonprofit Accreditation Organization or Exemption Under an Approved 
State Laboratory Program) specifies the requirements an accreditation 
organization must meet to be approved by CMS as an accreditation 
organization under CLIA.

II. Notice of Approval of CAP as an Accreditation Organization

    In this notice, we approve the College of American Pathologists 
(CAP) as an organization that may accredit laboratories for purposes of 
establishing their compliance with CLIA requirements in all specialties 
and subspecialties. We have examined the initial CAP application and 
all subsequent submissions to determine its accreditation program's 
equivalency with the requirements for approval of an accreditation 
organization under subpart E of part 493. We have determined that the 
CAP meets or exceeds the applicable CLIA requirements. We have also 
determined that the CAP will ensure that its accredited laboratories 
will meet or exceed the applicable requirements in subparts H, I, J, K, 
M, Q, and the applicable sections of R. Therefore, we grant the CAP 
approval as an accreditation organization under subpart E of part 493, 
for the period stated in the DATES section of this notice for all 
specialties and subspecialties under CLIA. As a result of this 
determination, any laboratory that is accredited by the CAP during the 
time period stated in the DATES section of this notice will be deemed 
to meet the CLIA requirements for the listed specialties and 
subspecialties, and therefore, will generally not be subject to routine 
inspections by a state survey agency to determine its compliance with 
CLIA requirements. The accredited laboratory, however, is subject to 
validation and complaint investigation surveys performed by CMS, or its 
agent(s).

III. Evaluation of the CAP Request for Approval as an Accreditation 
Organization Under CLIA

    The following describes the process used to determine that the CAP 
accreditation program meets the necessary requirements to be approved 
by CMS and that, as such, we may approve the CAP as an accreditation 
program with deeming authority under the CLIA program. The CAP formally

[[Page 16372]]

applied to CMS for approval as an accreditation organization under CLIA 
for all specialties and subspecialties.
    In reviewing these materials, we reached the following 
determinations for each applicable part of the CLIA regulations:

A. Subpart E--Accreditation by a Private, Nonprofit Accreditation 
Organization or Exemption Under an Approved State Laboratory Program

    The CAP submitted its mechanism for monitoring compliance with all 
requirements equivalent to condition-level requirements, a list of all 
its current laboratories and the expiration date of their 
accreditation, and a detailed comparison of the individual 
accreditation requirements with the comparable condition-level 
requirements. We have determined that the CAP policies and procedures 
for oversight of laboratories performing all laboratory testing covered 
by CLIA are equivalent to those required by our CLIA regulations in the 
matters of inspection, monitoring proficiency testing (PT) performance, 
investigating complaints, and making PT information available. The CAP 
submitted documentation regarding its requirements for monitoring and 
inspecting laboratories and describing its own standards regarding 
accreditation organization data management, inspection processes, 
procedures for removal or withdrawal of accreditation, notification 
requirements, and accreditation organization resources. We have 
determined that the requirements of the accreditation program submitted 
for approval are equal to or more stringent than the requirements of 
the CLIA regulations.

B. Subpart H--Participation in Proficiency Testing for Laboratories 
Performing Nonwaived Testing

    We have determined that the CAP's requirements are equal to or more 
stringent than the CLIA requirements at Sec. Sec.  493.801 through 
493.865. Consistent with the CLIA requirements, all of the CAP's 
accredited laboratories are required to participate in an HHS-approved 
PT program for tests listed in subpart I. CLIA exempts waived testing 
from PT, whereas the CAP requires its accredited laboratories to 
participate in a PT program for test systems waived under CLIA.

C. Subpart J--Facility Administration for Nonwaived Testing

    The CAP requirements are equal to or more stringent than the CLIA 
requirements at Sec. Sec.  493.1100 through 493.1105. CAP is more 
stringent than CLIA in its specific requirements for the Laboratory 
Information System that include requirements for computer facility, 
hardware and software, system security, patient data, auto 
verification, data retrieval and preservation, interfaces, and 
telepathology.

D. Subpart K--Quality System for Nonwaived Testing

    We have determined that the quality control requirements of the CAP 
are more stringent than the CLIA requirements at Sec. Sec.  493.1200 
through 493.1299. The CAP lists extensive requirements for the 
methodologies of clinical biochemical genetics, molecular pathology and 
flow cytometry, which are presented in separate checklists. The CAP's 
control procedure requirements for molecular testing and 
histocompatibility are more specific and detailed than the CLIA 
requirements for control procedures. Laboratories accredited by the 
CAP, performing waived testing must follow the same requirements that 
apply to non-waived testing for procedure manuals, specimen handling, 
results reporting, instruments, and equipment. Under CLIA, the subpart 
K Quality System requirements do not apply to waived testing.

E. Subpart M--Personnel for Nonwaived Testing

    We have determined that the CAP requirements are equal to or more 
stringent than the CLIA requirements at Sec. Sec.  493.1403 through 
493.1495 for laboratories that perform moderate and high complexity 
testing. For certain types of testing, such as molecular testing, the 
experience requirements for General Supervisor are more closely related 
to the specific testing technology than the CLIA requirements. The CAP 
requires training and annual competency assessment for staff who 
perform waived testing. CLIA regulations do not contain such 
requirements for persons performing waived testing.

F. Subpart Q--Inspection

    We have determined that the CAP inspection requirements are equal 
to or more stringent than the CLIA requirements at Sec. Sec.  493.1771 
through 493.1780. The CAP will continue to conduct biennial onsite 
inspections. During the onsite inspection, the CAP requires that the 
inspector meet with the hospital administrator or medical staff to 
obtain their feedback on the laboratory service. The CAP also requires 
a mid-cycle self-inspection of all accredited laboratories. CLIA 
regulations do not contain these requirements.

G. Subpart R--Enforcement Procedures

    We have determined that the CAP meets the requirements of subpart R 
to the extent that it applies to accreditation organizations. The CAP's 
policy sets forth the actions the organization takes when laboratories 
it accredits do not comply with its requirements and standards for 
accreditation. When appropriate, the CAP will deny, suspend, or revoke 
accreditation in a laboratory accredited by the CAP and report that 
action to us within 30 days. The CAP also provides an appeals process 
for laboratories that have had accreditation denied, suspended, or 
revoked.
    We have determined that the CAP's laboratory enforcement and appeal 
policies are equal to or more stringent than the requirements of part 
493 subpart R as they apply to accreditation organizations.

IV. Federal Validation Inspections and Continuing Oversight

    The federal validation inspections of laboratories accredited by 
the CAP may be conducted on a representative sample basis or in 
response to substantial allegations of noncompliance (that is, 
complaint inspections). The outcome of those validation inspections, 
performed by CMS or our agents, or the state survey agencies, will be 
our principal means for verifying that the laboratories accredited by 
the CAP remain in compliance with CLIA requirements. This federal 
monitoring is an ongoing process.

V. Removal of Approval as an Accrediting Organization

    Our regulations provide that we may rescind the approval of an 
accreditation organization, such as that of the CAP, for cause, before 
the end of the effective date of approval. If we determine that the CAP 
has failed to adopt, maintain and enforce requirements that are equal 
to, or more stringent than, the CLIA requirements, or that systemic 
problems exist in its monitoring, inspection or enforcement processes, 
we may impose a probationary period, not to exceed 1 year, in which the 
CAP would be allowed to address any identified issues. Should the CAP 
be unable to address the identified issues within that timeframe, we 
may, in accordance with the applicable regulations, revoke the CAP's 
deeming authority under CLIA.
    Should circumstances result in our withdrawal of the CAP's 
approval, we will publish a notice in the Federal Register explaining 
the basis for removing its approval.

[[Page 16373]]

VI. Collection of Information Requirements

    This notice does not impose any information collection and record 
keeping requirements subject to the Paperwork Reduction Act (PRA). 
Consequently, it does not need to be reviewed by the Office of 
Management and Budget (OMB) under the authority of the PRA. The 
requirements associated with the accreditation process for clinical 
laboratories under the CLIA program, and the implementing regulations 
in 42 CFR part 493, subpart E, are currently approved under OMB control 
number 0938-0686.

VII. Executive Order 12866 Statement

    In accordance with the provisions of Executive Order 12866, this 
notice was not reviewed by the Office of Management and Budget.
    The Acting Administrator of the Centers for Medicare & Medicaid 
Services (CMS), Elizabeth Richter, having reviewed and approved this 
document, authorizes Lynette Wilson, who is the Federal Register 
Liaison, to electronically sign this document for purposes of 
publication in the Federal Register.

    Dated: March 24, 2021.
Lynette Wilson,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2021-06439 Filed 3-26-21; 8:45 am]
BILLING CODE 4120-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.