Editorial Note on Part 410
Editorial Note: Nomenclature changes to part 410 appear at 62 FR 46037, Aug. 29, 1997.

§ 410.145 Requirements for entities. ( a ) *Deemed entities.* ( 1 ) Except as permitted in paragraph (a)(2) of this section, an entity may be deemed to meet a set of quality standards described in § 410.144 if the following conditions are met: ( i ) The entity has submitted necessary documentation and is fully accredited (and periodically reaccredited) by an organization approved by CMS under § 410.142.
( ii ) The entity is not accredited by an organization that owns or controls the entity.
( 2 ) Before August 27, 2002 CMS may deem an entity to meet the NSDSMEP quality standards described in § 410.144(b), if the entity provides the Medicare contractor that will process its claims with a copy of a current certificate the entity received from the ADA that verifies the training program it furnishes meets the NSDSMEP quality standards described in § 410.144(b).
( b ) *Approved entities.* An entity may be approved to furnish training if the entity meets the following conditions: ( 1 ) Before submitting a claim for Medicare payment, forwards a copy of its certificate or proof of accreditation from an organization approved by CMS under § 410.142 indicating that the entity meets a set of quality standards described in § 410.144, or before August 27, 2002, submits documentation of its current ADA recognition status.
( 2 ) Agrees to submit to evaluation (including onsite inspections) by CMS (or its agent) to validate its approved organization's accreditation process.
( 3 ) Authorizes its approved organization to release to CMS a copy of its most recent accreditation evaluation, and any accreditation-related information that CMS may require.
( 4 ) At a minimum, allows the QIO (under a contract with CMS) access to beneficiary or group training records.
( c ) *Effective dates* — ( 1 ) *Deemed to meet quality standards.* Except as permitted in paragraph (c)(2) of this section, the date on which an entity is deemed to meet a set of quality standards described in § 410.144 is the later of one of the following dates: ( i ) The date CMS approves and recognizes the accreditation organization to accredit entities to furnish training.
( ii ) The date an organization accredits the entity to meet a set of quality standards described in § 410.144.
( 2 ) *Approved to furnish training.* CMS covers the training furnished by an entity beginning on the later of one of the following dates: ( i ) The date CMS approves the deemed entity as meeting the conditions for coverage in § 410.141(e).
( ii ) The date the entity is deemed to meet a set of quality standards described in § 410.144.
( d ) *Removal of approved status* — ( 1 ) *General rule.* CMS removes an entity's approved status for any of the following reasons: ( i ) CMS determines, on the basis of its own evaluation or the results of the accreditation evaluation, that the entity does not meet a set of quality standards described in § 410.144.
( ii ) CMS withdraws its approval of the organization that deemed the entity to meet a set of quality standards described in § 410.144.
( iii ) The entity fails to meet the requirements of paragraphs (a) and (b) of this section.
( 2 ) *Effective date.* The effective date of CMS's removal of an entity's approved status is 60 days after the date of CMS's notice to the entity.