Arthur M Figur, Richard J Meyer, Md, Pc

CLIA Laboratory Citation Details

2
Total Citations
15
Total Deficiencyies
8
Unique D-Tags
CMS Certification Number 33D0132652
Address 1150 Park Avenue, New York, NY, 10128
City New York
State NY
Zip Code10128
Phone(212) 369-5267

Citation History (2 surveys)

Survey - January 16, 2020

Survey Type: Special

Survey Event ID: GZGL11

Deficiency Tags: D2016 D2123 D2130 D6000 D6016 D2016 D2123 D2130 D6000 D6016

Summary:

Summary Statement of Deficiencies D2016 SUCCESSFUL PARTICIPATION CFR(s): 493.803(a)(b)(c) (a) Each laboratory performing nonwaived testing must successfully participate in a proficiency testing program approved by CMS, if applicable, as described in subpart I of this part for each specialty, subspecialty, and analyte or test in which the laboratory is certified under CLIA. (b) Except as specified in paragraph (c) of this section, if a laboratory fails to participate successfully in proficiency testing for a given specialty, subspecialty, analyte or test, as defined in this section, or fails to take remedial action when an individual fails gynecologic cytology, CMS imposes sanctions, as specified in subpart R of this part. (c) If a laboratory fails to perform successfully in a CMS- approved proficiency testing program, for the initial unsuccessful performance, CMS may direct the laboratory to undertake training of its personnel or to obtain technical assistance, or both, rather than imposing alternative or principle sanctions except when one or more of the following conditions exists: (1) There is immediate jeopardy to patient health and safety. (2) The laboratory fails to provide CMS or a CMS agent with satisfactory evidence that it has taken steps to correct the problem identified by the unsuccessful proficiency testing performance. (3) The laboratory has a poor compliance history. This CONDITION is not met as evidenced by: Based on a proficiency testing (PT) desk review of the Center for Medicare and Medicaid Services (CMS) PT reports and PT records from the College of American Pathologists (CAP) PT program, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analyte White Blood Cell Differential (Cell I.D.). The following scores were assigned: 2019 first event = 60% 2019 second event = 100% 2019 third event = 0% [non-participation] This is considered unsuccessful PT performance. Refer to D2130. D2123 HEMATOLOGY Statement of Deficiencies (X1) Provider/Supplier/CLIA Identification Number (X3) Date Survey Completed Name of Provider or Supplier Street Address, City, State -- 1 of 3 -- CFR(s): 493.851(c) Failure to participate in a testing event is unsatisfactory performance and results in a score of 0 for the testing event. Consideration may be given to those laboratories failing to participate in a testing event only if-- (1) Patient testing was suspended during the time frame allotted for testing and reporting proficiency testing results; (2) The laboratory notifies the inspecting agency and the proficiency testing program within the time frame for submitting proficiency testing results of the suspension of patient testing and the circumstances associated with failure to perform tests on proficiency testing samples; and (3) The laboratory participated in the previous two proficiency testing events. This STANDARD is not met as evidenced by: Based on a proficiency testing (PT) desk review of the Center for Medicare and Medicaid Services (CMS) PT reports and PT records from the College of American Pathologists (CAP) PT program, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the specialty Hematology and test analytes White Blood Cell Count (WBC), Red Blood Cell Count (RBC), Hematocrit (Hct), Hemoglobin (Hgb) and Platelets. The following scores were assigned: 2019 third event = 0% [non-participation] This is considered unsatisfactory PT performance. D2130 HEMATOLOGY CFR(s): 493.851(f) Failure to achieve satisfactory performance for the same analyte in two consecutive events or two out of three consecutive testing events is unsuccessful performance. This STANDARD is not met as evidenced by: Based on a proficiency testing (PT) desk review of the Center for Medicare and Medicaid Services (CMS) PT reports and PT records from the College of American Pathologists (CAP) PT program, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analyte White Blood Cell Differential (Cell I.D.). The following scores were assigned: 2019 first event = 60% 2019 second event = 100% 2019 third event = 0% [non-participation] This is considered unsuccessful PT performance. D6000 MODERATE COMPLEXITY LABORATORY DIRECTOR CFR(s): 493.1403 The laboratory must have a director who meets the qualification requirements of 493. 1405 of this subpart and provides overall management and direction in accordance with 493.1407 of this subpart. This CONDITION is not met as evidenced by: Based on PT desk review of the PT CMS data reports and CAP PT program records, the laboratory director failed to fulfill the laboratory director's responsibilities and ensure that the laboratory achieved a satisfactory performance and successfully participate in a PT program, for the specialty Hematology and test analytes WBC, RBC, Cell I.D., Hct, Hgb and Platelets. Refer to D6016. -- 2 of 3 -- D6016 LABORATORY DIRECTOR RESPONSIBILITIES CFR(s): 493.1407(e)(4)(i) The laboratory director is responsible for the overall operation and administration of the laboratory, including the employment of personnel who are competent to perform test procedures, and record and report test results promptly, accurate, and proficiently and for assuring compliance with the applicable regulations. (e) The laboratory director must-- (e)(4)(i) Ensure that the proficiency testing samples are tested as required under Subpart H of this part; This STANDARD is not met as evidenced by: Based on PT desk review of the PT CMS data reports and CAP PT program records, the laboratory director failed to fulfill the laboratory director's responsibilities and ensure that the laboratory achieved a satisfactory performance and successfully participate in a PT program, for the specialty Hematology and test analytes WBC, RBC, Cell I.D., Hct, Hgb and Platelets. The following scores were assigned: White Blood Cell Differential (Cell I.D.) 2019 first event = 60% 2019 second event = 10 0% 2019 third event = 0% [non-participation] This is considered unsuccessful PT performance. Hematology/WBC, RBC, Hct, Hgb and Platelets. 2019 third event = 0% [non-participation] This is considered unsatisfactory PT performance. -- 3 of 3 --

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Survey - May 17, 2018

Survey Type: Standard

Survey Event ID: 93VY11

Deficiency Tags: D5211 D5437 D5437 D6020 D6020

Summary:

Summary Statement of Deficiencies D5211 EVALUATION OF PROFICIENCY TESTING PERFORMANCE CFR(s): 493.1236(a) The laboratory must review and evaluate the results obtained on proficiency testing performed as specified in subpart H of this part. This STANDARD is not met as evidenced by: Based on a review of College of American Proficiency (CAP) Proficiency Test (PT) reports and an interview with the laboratory testing person, the laboratory did not evaluate, perform and document remedial action for the PT score that was less than 100% for the 2nd event in 2017 for hematocrit testing. Findings Include: It was confirmed with the laboratory medical assistant processor on the date of survey at approximately 11:15 am, that the laboratory failed to evaluate the results received for: 2017 second event Hematocrit = 80% D5437 CALIBRATION AND CALIBRATION VERIFICATION CFR(s): 493.1255(a) Unless otherwise specified in this subpart, for each applicable test system the laboratory must perform and document calibration procedures-- (1) Following the manufacturer's test system instructions, using calibration materials provided or specified, and with at least the frequency recommended by the manufacturer; (2) Using the criteria verified or established by the laboratory as specified in 493.1253(b) (3)-- (2)(i) Using calibration materials appropriate for the test system and, if possible, traceable to a reference method or reference material of known value; and (2)(ii) Including the number, type, and concentration of calibration materials, as well as acceptable limits for and the frequency of calibration; and (3) Whenever calibration verification fails to meet the laboratory's acceptable limits for calibration verification. Statement of Deficiencies (X1) Provider/Supplier/CLIA Identification Number (X3) Date Survey Completed Name of Provider or Supplier Street Address, City, State -- 1 of 2 -- This STANDARD is not met as evidenced by: Based on a review of calibration records and an interview with the laboratory testing person, the laboratory failed to calibrate the Horiba ABX Micros hematology analyzer every six months. Findings Include: 1) It was confirmed with the testing person at approximately 11:00 am on May 15, 2018 that the laboratory failed to follow the manufacturers and/or CLIA regulations to calibrate the ABX Micros every six months. 2) Calibration was performed on May 24, 2017 and then on January 3, 2018. 3) The Horiba ABX Micros was out of calibration from November 24, 2017 through January 2, 2018. 4) Approximately 38 patient specimens were tested and results released during that time. D6020 LABORATORY DIRECTOR RESPONSIBILITIES CFR(s): 493.1407(e)(5) The laboratory director is responsible for the overall operation and administration of the laboratory, including the employment of personnel who are competent to perform test procedures, and record and report test results promptly, accurate, and proficiently and for assuring compliance with the applicable regulations. (e) The laboratory director must-- (e)(5) Ensure that the quality control program is established and maintained to assure the quality of laboratory services provided. This STANDARD is not met as evidenced by: Based on review of laboratory procedures, QC records and confirmed in an interview with the laboratory director and testing person at the time of the survey, the laboratory director failed to ensure that the QC program was maintained for hematology testing. Refer to: D5437 -- 2 of 2 --

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