493.567—Refusal to cooperate with validation inspection.
(a) Laboratory with a certificate of accreditation.
(1)
A laboratory with a certificate of accreditation that refuses to cooperate with a validation inspection by failing to comply with the requirements in § 493.565 —
(i)
Is subject to full review by CMS or a CMS agent, in accordance with this part; and
(ii)
May be subject to suspension, revocation, or limitation of its certificate of accreditation under this part.
(2)
A laboratory with a certificate of accreditation is again deemed to meet the condition-level requirements by virtue of its accreditation when the following conditions exist:
(i)
The laboratory withdraws any prior refusal to authorize its accreditation organization to release a copy of the laboratory's current accreditation inspection, PT results, or notification of any adverse actions resulting from PT failure.
(ii)
The laboratory withdraws any prior refusal to allow a validation inspection.
(iii)
CMS finds that the laboratory meets all the condition-level requirements.
(b) CLIA-exempt laboratory.
If a CLIA-exempt laboratory fails to comply with the requirements specified in § 493.565, CMS notifies the State of the laboratory's failure to meet the requirements.