Summary:
Summary Statement of Deficiencies D2005 ENROLLMENT CFR(s): 493.801(a)(4) Authorize the proficiency testing program to release to HHS all data required to-- (i) Determine the laboratory's compliance with this subpart; and (ii) Make PT results available to the public as required in section 353(f)(3)(F) of the Public Health Service Act. 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 records and the verified with the College of American Pathologists (CAP) PT program, the laboratory failed to have the PT test results released to New York State Department of Health (NYSDOH), Physician Office Laboratory Evaluation Program (POLEP) in the calendar year 2020. 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 Statement of Deficiencies (X1) Provider/Supplier/CLIA Identification Number (X3) Date Survey Completed Name of Provider or Supplier Street Address, City, State -- 1 of 4 -- 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, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analyte Hepatitis marker HBs Ag. The following scores were assigned: 2019 second event = 60% 2019 third event = 100% 2020 first event = 0% [non-participation] This is considered unsuccessful PT performance. Refer to D2085. D2077 GENERAL IMMUNOLOGY CFR(s): 493.837(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 PT desk review of the CMS PT reports, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the sub-specialty General Immunology and the test analytes Anti Human Immunodeficiency Virus (HIV), Hepatitis marker (HBS-AG) and Anti-Hepatitis marker (HBC) The following scores were assigned: General Immunology and Anti-HIV, HBS-AG and Anti-HBC 2020 first event event = 0% [non-participation] This is considered unsatisfactory PT performance for non-participation. D2085 GENERAL IMMUNOLOGY CFR(s): 493.837(g) Failure to achieve an overall testing event score of satisfactory performance for two consecutive testing events or two out of three consecutive testing events is unsuccessful performance. This STANDARD is not met as evidenced by: Based on a PT desk review of CMS PT reports, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analyte Hepatitis marker HBs Ag. The following scores were assigned: 2019 second event = 60% 2019 third event = 100% 2020 first event = 0% [non-participation] This is considered unsuccessful PT performance. D2098 ENDOCRINOLOGY -- 2 of 4 -- CFR(s): 493.843(a) Failure to attain a score of at least 80 percent of acceptable responses for each analyte in each testing event is unsatisfactory analyte performance for the testing event. This STANDARD is not met as evidenced by: Based on a PT desk review of the CMS PT reports, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analyte Thyroid Stimulating hormone (TSH). The following scores were assigned: 2019 second event = 60% This is considered unsatisfactory PT performance D2121 HEMATOLOGY CFR(s): 493.851(a) Failure to attain a score of at least 80 percent of acceptable responses for each analyte in each testing event is unsatisfactory analyte performance for the testing event. This STANDARD is not met as evidenced by: Based on a PT desk review of the CMS PT reports, the laboratory failed to participate and perform successfully in a PT program, approved by CMS, for the test analytes Red Blood Cell Count (RBC) and Hematocrit (Hct) The following scores were assigned: Red Blood Cell Count (RBC) 2019 second event = 60% Hematocrit (Hct) 2019 second event = 40% This is considered unsatisfactory 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, 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 sub- speciality General Immunology and the test analytes HBsAg, Anti-HIV, Anti-HBC, TSH, RBC and Hct. Refer to D6016. 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: -- 3 of 4 -- Based on PT desk review of the PT CMS data reports, 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 sub- speciality General Immunology and the test analytes HBsAg, Anti-HIV, Anti-HBC, TSH, RBC and Hct. The following scores were assigned: HBsAg 2019 second event = 60% 2019 third event = 100% 2020 first event = 0% [ non-participation] This is considered unsuccessful PT performance. Sub-specialty General Immunology and Anti-HIV, HBS-AG and Anti-HBC 2020 first event event = 0% [non-participation] This is considered unsatisfactory PT performance for non-participation. Thyroid Stimulating hormone (TSH). 2019 second event = 60% Red Blood Cell Count (RBC) 2019 second event = 60% Hematocrit (Hct) 2019 second event = 40% This is considered unsatisfactory PT performance -- 4 of 4 --