Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.158 Procedures for approval of accreditation as a basis for deeming compliance. ( a ) *Required information and materials.* A private, national accreditation organization applying for approval must furnish to CMS all of the following information and materials. (When reapplying for approval, the organization need furnish only the particular information and materials requested by CMS.) ( 1 ) The types of MA plans that it would review as part of its accreditation process.
( 2 ) A detailed comparison of the organization's accreditation requirements and standards with the Medicare requirements (for example, a crosswalk).
( 3 ) Detailed information about the organization's survey process, including— ( i ) Frequency of surveys and whether surveys are announced or unannounced.
( ii ) Copies of survey forms, and guidelines and instructions to surveyors.
( iii ) Descriptions of— ( A ) The survey review process and the accreditation status decision making process;
( B ) The procedures used to notify accredited MA organizations of deficiencies and to monitor the correction of those deficiencies; and
( C ) The procedures used to enforce compliance with accreditation requirements.
( 4 ) Detailed information about the individuals who perform surveys for the accreditation organization, including— ( i ) The size and composition of accreditation survey teams for each type of plan reviewed as part of the accreditation process;
( ii ) The education and experience requirements surveyors must meet;
( iii ) The content and frequency of the in-service training provided to survey personnel;
( iv ) The evaluation systems used to monitor the performance of individual surveyors and survey teams; and
( v ) The organization's policies and practice with respect to the participation, in surveys or in the accreditation decision process by an individual who is professionally or financially affiliated with the entity being surveyed.
( 5 ) A description of the organization's data management and analysis system with respect to its surveys and accreditation decisions, including the kinds of reports, tables, and other displays generated by that system.
( 6 ) A description of the organization's procedures for responding to and investigating complaints against accredited organizations, including policies and procedures regarding coordination of these activities with appropriate licensing bodies and ombudsmen programs.
( 7 ) A description of the organization's policies and procedures with respect to the withholding or removal of accreditation for failure to meet the accreditation organization's standards or requirements, and other actions the organization takes in response to noncompliance with its standards and requirements.
( 8 ) A description of all types (for example, full, partial) and categories (for example, provisional, conditional, temporary) of accreditation offered by the organization, the duration of each type and category of accreditation and a statement identifying the types and categories that would serve as a basis for accreditation if CMS approves the accreditation organization.
( 9 ) A list of all currently accredited MA organizations and the type, category, and expiration date of the accreditation held by each of them.
( 10 ) A list of all full and partial accreditation surveys scheduled to be performed by the accreditation organization as requested by CMS.
( 11 ) The name and address of each person with an ownership or control interest in the accreditation organization.
( b ) *Required supporting documentation.* A private, national accreditation organization applying or reapplying for approval must also submit the following supporting documentation: ( 1 ) A written presentation that demonstrates its ability to furnish CMS with electronic data in CMS compatible format.
( 2 ) A resource analysis that demonstrates that its staffing, funding, and other resources are adequate to perform the required surveys and related activities.
( 3 ) A statement acknowledging that, as a condition for approval, it agrees to comply with the ongoing responsibility requirements of § 422.157(c).
( c ) *Additional information.* If CMS determines that it needs additional information for a determination to grant or deny the accreditation organization's request for approval, it notifies the organization and allows time for the organization to provide the additional information.
( d ) *Onsite visit.* CMS may visit the accreditation organization's offices to verify representations made by the organization in its application, including, but not limited to, review of documents, and interviews with the organization's staff.
( e ) *Notice of determination.* CMS gives the accreditation organization, within 210 days of receipt of its completed application, a formal notice that— ( 1 ) States whether the request for approval has been granted or denied;
( 2 ) Gives the rationale for any denial; and
( 3 ) Describes the reconsideration and reapplication procedures.
( f ) *Withdrawal.* An accreditation organization may withdraw its application for approval at any time before it receives the formal notice specified in paragraph (e) of this section.
( g ) *Reconsideration of adverse determination.* An accreditation organization that has received notice of denial of its request for approval may request reconsideration in accordance with subpart D of part 488 of this chapter.
( h ) *Request for approval following denial.* ( 1 ) Except as provided in paragraph (h)(2) of this section, an accreditation organization that has received notice of denial of its request for approval may submit a new request if it— ( i ) Has revised its accreditation program to correct the deficiencies on which the denial was based;
( ii ) Can demonstrate that the MA organizations that it has accredited meet or exceed applicable Medicare requirements; and
( iii ) Resubmits the application in its entirety.
( 2 ) An accreditation organization that has requested reconsideration of CMS's denial of its request for approval may not submit a new request until the reconsideration is administratively final.
[63 FR 35082, June 26, 1998, as amended at 65 FR 40324, June 29, 2000]