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Subpart C--Registration Certificate, Certificate for Provider-performed Microscopy Procedures, and Certificate of Compliance

Section
493.43 Application for registration certificate, certificate for provider-performed microscopy (PPM) procedures, and certificate of compliance
493.45 Requirements for a registration certificate
493.47 Requirements for a certificate for provider-performed microscopy (PPM) procedures
493.49 Requirements for a certificate of compliance.
493.51 Notification requirements for laboratories issued a certificate of compliance
493.53 Notification requirements for laboratories issued a certificate for provider-performed microscopy (PPM) procedures
  
Subpart C--Registration Certificate, Certificate for Provider-performed 
Microscopy Procedures, and Certificate of Compliance

Source: 57 FR 7143, Feb. 28, 1992, unless otherwise noted.

Sec. 493.43 Application for registration certificate, certificate for 
provider-performed microscopy (PPM) procedures, and 
certificate of compliance.

(a) Filing of application. Except as specified in paragraph (b) of 
this section, all laboratories performing nonwaived testing,
must file a separate application for each laboratory location.
(b) Exceptions. (1) Laboratories that are not at a fixed location, 
that is, laboratories that move from testing site to testing site, such 
as mobile units providing laboratory testing, health screening fairs, or 
other temporary testing locations may be covered under the certificate 
of the designated primary site or home base, using its address.
(2) Not-for-profit or Federal, State, or local government 
laboratories that engage in limited (not more than a combination of 15 
moderately complex or waived tests per certificate) public health 
testing may file a single application.
(3) Laboratories within a hospital that are located at contiguous 
buildings on the same campus and under common direction may file a 
single application or multiple applications for the laboratory sites 
within the same physical location or street address.
(c) Application format and contents. The application must--(1) Be 
made to HHS or its designee on a form or forms prescribed by HHS;
(2) Be signed by an owner, or by an authorized representative of the 
laboratory who attests that the laboratory will be operated in 
accordance with the requirements established by the Secretary under 
section 353 of the Public Health Service Act; and
(3) Describe the characteristics of the laboratory operation and the 
examinations and other test procedures performed by the laboratory 
including--
(i) The name and total number of test procedures and examinations 
performed annually (excluding waived tests or tests for quality control, 
quality assurance or proficiency testing purposes);
(ii) The methodologies for each laboratory test procedure or 
examination performed, or both;
(iii) The qualifications (educational background, training, and 
experience) of the personnel directing and supervising the laboratory 
and performing the examinations and test procedures.
(d) Access and reporting requirements. All laboratories must make 
records available and submit reports to HHS as

[[Page 893]]

HHS may reasonably require to determine compliance with this section.

[57 FR 7143, Feb. 28, 1992, as amended at 58 FR 5222, Jan. 19, 1993; 58 
FR 39155, July 22, 1993; 60 FR 20045, Apr. 24, 1995]

Sec. 493.45 Requirements for a registration certificate.

Laboratories performing only waived tests, PPM procedures, or any 
combination of these tests, are not required to obtain a registration 
certificate.
(a) A registration certificate is required--(1) Initially for all 
laboratories performing test procedures of moderate complexity (other 
than the subcategory of PPM procedures) or high complexity, or both; and
(2) For all laboratories that have been issued a certificate of 
waiver or certificate for PPM procedures that intend to perform tests of 
moderate or high complexity, or both, in addition to those tests listed 
in Sec. 493.15(c) or specified as PPM procedures.
(b) HHS will issue a registration certificate if the laboratory--
(1) Complies with the requirements of Sec. 493.43;
(2) Agrees to notify HHS or its designee within 30 days of any 
changes in ownership, name, location, director or technical supervisor 
(laboratories performing high complexity testing only);
(3) Agrees to treat proficiency testing samples in the same manner 
as it treats patient specimens; and
(4) Remits the fee for the registration certificate, as specified in 
subpart F of this part.
(c) Prior to the expiration of the registration certificate, a 
laboratory must--
(1) Remit the certificate fee specified in subpart F of this part;
(2) Be inspected by HHS as specified in subpart Q of this part; and
(3) Demonstrate compliance with the applicable requirements of this 
subpart and subparts H, J, K, M, and Q of this part.
(d) In accordance with subpart R of this part, HHS will initiate 
suspension or revocation of a laboratory's registration certificate and 
will deny the laboratory's application for a certificate of compliance 
for failure to comply with the requirements set forth in this subpart. 
HHS may also impose certain alternative sanctions. In addition, failure 
to meet the requirements of this subpart will result in suspension of 
payments under Medicare and Medicaid as specified in subpart R of this 
part.
(e) A registration certificate is--
(1) Valid for a period of no more than two years or until such time 
as an inspection to determine program compliance can be conducted, 
whichever is shorter; and
(2) Not renewable; however, the registration certificate may be 
reissued if compliance has not been determined by HHS prior to the 
expiration date of the registration certificate.
(f) In the event of a noncompliance determination resulting in an 
HHS denial of a laboratory's certificate of compliance application, HHS 
will provide the laboratory with a statement of grounds on which the 
noncompliance determination is based and offer an opportunity for appeal 
as provided in subpart R.
(g) If the laboratory requests a hearing within the time specified 
by HHS, it retains its registration certificate or reissued registration 
certificate until a decision is made by an administrative law judge as 
provided in subpart R of this part, except when HHS finds that 
conditions at the laboratory pose an imminent and serious risk to human 
health.
(h) For laboratories receiving payment from the Medicare or Medicaid 
program, such payments will be suspended on the effective date specified 
in the notice to the laboratory of denial of the certificate application 
even if there has been no appeals decision issued.

[57 FR 7143, Feb. 28, 1992, as amended at 58 FR 5223, Jan. 19, 1993; 60 
FR 20045, Apr. 24, 1995]

Sec. 493.47 Requirements for a certificate for provider-performed 
microscopy (PPM) procedures.

(a) A certificate for PPM procedures is required--
(1) Initially for all laboratories performing test procedures 
specified as PPM procedures; and
(2) For all certificate of waiver laboratories that intend to 
perform only

[[Page 894]]

test procedures specified as PPM procedures in addition to those tests 
listed in Sec. 493.15(c).
(b) HHS will issue a certificate for PPM procedures if the 
laboratory--
(1) Complies with the requirements of Sec. 493.43; and
(2) Remits the fee for the certificate, as specified in subpart F of 
this part.
(c) Laboratories issued a certificate for PPM procedures are subject 
to--
(1) The notification requirements of Sec. 493.53;
(2) The applicable requirements of this subpart and subparts H, J, 
K, and M of this part; and
(3) Inspection only under the circumstances specified under 
Sec. Sec.  493.1773 and 493.1775, but are not routinely inspected to 
determine compliance with the requirements specified in paragraphs
(c) (1) and (2) of this section.
(d) In accordance with subpart R of this part, HHS will initiate 
suspension, limitation, or revocation of a laboratory's certificate for 
PPM procedures for failure to comply with the applicable requirements 
set forth in this subpart. HHS may also impose certain alternative 
sanctions. In addition, failure to meet the requirements of this subpart 
may result in suspension of all or part of payments under Medicare and 
Medicaid, as specified in subpart R of this part.
(e) A certificate for PPM procedures is valid for a period of no 
more than 2 years.

[58 FR 5223, Jan. 19, 1993, as amended at 60 FR 20045, Apr. 24, 1995]

Sec. 493.49 Requirements for a certificate of compliance.

A certificate of compliance may include any combination of tests 
categorized as high complexity or moderate complexity or listed in 
Sec. 493.15(c) as waived tests. Moderate complexity tests may include 
those specified as PPM procedures.
(a) HHS will issue a certificate of compliance to a laboratory only 
if the laboratory--
(1) Meets the requirements of Secs. 493.43 and 493.45;
(2) Remits the certificate fee specified in subpart F of this part; 
and
(3) Meets the applicable requirements of this subpart and subparts 
H, J, K, M, and Q of this part.
(b) Laboratories issued a certificate of compliance--
(1) Are subject to the notification requirements of Sec. 493.51; and
(2) Must permit announced or unannounced inspections by HHS in 
accordance with subpart Q of this part--
(i) To determine compliance with the applicable requirements of this 
part;
(ii) To evaluate complaints;
(iii) When HHS has substantive reason to believe that tests are 
being performed, or the laboratory is being operated in a manner that 
constitutes an imminent and serious risk to human health; and
(iv) To collect information regarding the appropriateness of tests 
listed in Sec. 493.15 or tests categorized as moderate complexity 
(including the subcategory) or high complexity.
(c) Failure to comply with the requirements of this subpart will 
result in--
(1) Suspension, revocation or limitation of a laboratory's 
certificate of compliance in accordance with subpart R of this part; and
(2) Suspension or denial of payments under Medicare and Medicaid in 
accordance with subpart R of this part.
(d) A certificate of compliance issued under this subpart is valid 
for no more than 2 years.
(e) In the event of a noncompliance determination resulting in an 
HHS action to revoke, suspend or limit the laboratory's certificate of 
compliance, HHS will--
(1) Provide the laboratory with a statement of grounds on which the 
determination of noncompliance is based; and
(2) Offer an opportunity for appeal as provided in subpart R of this 
part. If the laboratory requests a hearing within 60 days of the notice 
of sanction, it retains its certificate of compliance or reissued 
certificate of compliance until a decision is made by an administrative 
law judge (ALJ) as provided in subpart R of this part, except when HHS 
finds that conditions at the laboratory pose an imminent and serious 
risk to human health or when the criteria at Sec. 493.1840(a) (4) and 
(5) are met.

[[Page 895]]

(f) For laboratories receiving payment from the Medicare or Medicaid 
program, such payments will be suspended on the effective date specified 
in the notice to the laboratory of a noncompliance determination even if 
there has been no appeals decision issued.
(g) A laboratory seeking to renew its certificate of compliance 
must--
(1) Complete and return the renewal application to HHS 9 to 12 
months prior to the expiration of the certificate of compliance; and
(2) Meet the requirements of Sec. 493.43 and paragraphs (a)(2) and 
(b)(2) of this section.
(h) If HHS determines that the application for the renewal of a 
certificate of compliance must be denied or limited, HHS will notify the 
laboratory in writing of the--
(1) Basis for denial of the application; and
(2) Opportunity for appeal as provided in subpart R of this part.
(i) If the laboratory requests a hearing within the time period 
specified by HHS, the laboratory retains its certificate of compliance 
or reissued certificate of compliance until a decision is made by an ALJ 
as provided in subpart R, except when HHS finds that conditions at the 
laboratory pose an imminent and serious risk to human health.
(j) For laboratories receiving payment from the Medicare or Medicaid 
program, such payments will be suspended on the effective date specified 
in the notice to the laboratory of nonrenewal of the certificate of 
compliance even if there has been no appeals decision issued.

[60 FR 20045, Apr. 24, 1995]

Sec. 493.51 Notification requirements for laboratories issued a 
certificate of compliance.

Laboratories issued a certificate of compliance must meet the 
following conditions:
(a) Notify HHS or its designee within 30 days of any change in--
(1) Ownership;
(2) Name;
(3) Location;
(4) Director; or
(5) Technical supervisor (laboratories performing high complexity 
only).
(b) Notify HHS no later than 6 months after performing any test or 
examination within a specialty or subspecialty area that is not included 
on the laboratory's certificate of compliance, so that compliance with 
requirements can be determined.
(c) Notify HHS no later than 6 months after any deletions or changes 
in test methodologies for any test or examination included in a 
specialty or subspecialty, or both, for which the laboratory has been 
issued a certificate of compliance.

[57 FR 7143, Feb. 28, 1992, as amended at 60 FR 20046, Apr. 24, 1995]

Sec. 493.53 Notification requirements for laboratories issued a 
certificate for provider-performed microscopy (PPM) 
procedures.

Laboratories issued a certificate for PPM procedures must notify HHS 
or its designee--
(a) Before performing and reporting results for any test of moderate 
or high complexity, or both, in addition to tests specified as PPM 
procedures or any test or examination that is not specified under 
Sec. 493.15(c), for which it does not have a registration certificate as 
required in subpart C or subpart D, as applicable, of this part; and
(b) Within 30 days of any change in--
(1) Ownership;
(2) Name;
(3) Location; or
(4) Director.

[58 FR 5224, Jan. 19, 1993, as amended at 60 FR 20046, Apr. 24, 1995]

This page last reviewed: 7/7/2004
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