C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES › Subpart A—General Provisions

42 C.F.R. § 488.7

Release and use of accreditation surveys

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

A Medicare participating provider or supplier deemed to meet program requirements in accordance with § 488.4 must authorize its accrediting organization to release to CMS a copy of its most current accreditation survey and any information related to the survey that CMS may require (including, but not limited to, corrective action plans).

(a) CMS may determine that a provider or supplier does not meet the applicable Medicare conditions or requirements on the basis of its own investigation of the accreditation survey or any other information related to the survey.

(b) With the exception of home health agency and hospice program surveys, general disclosure of an accrediting organization's survey information is prohibited under section 1865(b) of the Act. CMS may publicly disclose an accreditation survey and information related to the survey, upon written request, to the extent that the accreditation survey and survey information are related to an enforcement action taken by CMS.

(c) CMS posts inspection reports from a State or local survey agency or accrediting organization conducted on or after October 1, 2022, for hospice programs, including copies of a hospice program's survey deficiencies, and enforcement actions (for example, involuntary terminations) taken as a result of such surveys, on its public website in a manner that is prominent, easily accessible, readily understandable, and searchable for the general public and allows for timely updates.

[80 FR 29837, May 22, 2015, as amended at 86 FR 62425, Nov. 9, 2021]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2009–2021 · leading case: Dep't of Health v. Off. of Open Records, 4 A.3d 803 (Pa. Commw. Ct. 2010).
Sort: Relevance Newest Treatment
Dep't of Health v. Off. of Open Records, 4 A.3d 803 (Pa. Commw. Ct. 2010). · cites it 3× “” 42 C.F.R. § 488.7 (a). During a validation survey that is based on substantial allegations of noncompliance, the Department will survey for any condition or conditions that HHS deems related to the allegations made.”
Off. of the Chief Med. Exam'r v. Dover Behavioral Health Sys., 976 A.2d 160 (Del. 2009). · cites it 3× “§ 1395aa; 42 C.F.R. §§ 488.7 , 10. 24 . 42 C.F.R. § 488.”
Am. Nurses Ass'n v. Leavitt, 593 F. Supp. 2d 126 (D.D.C. 2009). “See 42 C.F.R. § 488.7 . Under these regulations, HHS, through the relevant state agency, may require a survey of an accredited provider to validate a hospital’s accreditation on a representative sample basis or in response to substantial allegations of noncompliance.”
Chaudhry v. Smith (E.D. Cal. 2021). “27 42 C.F.R. § 488.7 28 31 This regulation is entitled “[v]alidation surveys,” and provides in part: 51 Case 1:16-cv-01243-SAB Document 183 Filed 09/29/21 Page 52 of 99 1 The Court now turns to the standards for a stigma-plus claim.”
Am. Nurses Ass'n v. Leavitt (D.D.C. 2009). “See 42 C.F.R. § 488.7 . Under these regulations, HHS, through the relevant state agency, may require a survey of an accredited provider to validate a hospital’s accreditation on a representative sample basis or in response to substantial allegations of noncompliance.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.