Michelle Aszterbaum, Md Inc

CLIA Laboratory Citation Details

3
Total Citations
11
Total Deficiencyies
9
Unique D-Tags
CMS Certification Number 05D2146684
Address 360 San Miguel Ste 406, Newport Beach, CA, 92660
City Newport Beach
State CA
Zip Code92660
Phone949 525-0700
Lab DirectorMICHELLE ASZTERBAUM

Citation History (3 surveys)

Survey - March 30, 2026

Survey Type: Standard

Survey Event ID: LS8511

Deficiency Tags: D5209 D5217 D5315 D5403 D5801 D6079

Summary:

Summary Statement of Deficiencies D5209 PERSONNEL COMPETENCY ASSESSMENT POLICIES CFR(s): 493.1235 As specified in the personnel requirements in subpart M, the laboratory must establish and follow written policies and procedures to assess employee and, if applicable, consultant competency. This STANDARD is not met as evidenced by: Based on review of policies and procedures, lack of competency assessment records, and an interview with the laboratory personnel on March 30, 2026, the laboratory failed to establish and follow written policies and procedures to assess employee competencies in 2024 and 2025. The findings included: 1. It was practice of the laboratory to perform Mycology using Potassium Hydroxide (KOH) testing. The Physician Assistants (PA) were responsible for preparing Wet Mount and reporting the results. The laboratory had three testing personnel (TP) responsible for performing KOH skin preparations. 2. On March 30, 2026, at approximately 2:15 pm, the laboratory's office manager affirmed that the laboratory did not possess written policies or procedures regarding the assessment of employee competency. Furthermore, no documentation existed to demonstrate competency assessment for either of the two Physician Assistants (PA) who performed Potassium Hydroxide (KOH) testing. 3. The laboratory's testing declaration form, signed by the laboratory director January 15, 2026, stated that the laboratory performed approximately 90 microbiology tests annually. D5217 EVALUATION OF PROFICIENCY TESTING PERFORMANCE CFR(s): 493.1236(c)(1) At least twice annually, the laboratory must verify the accuracy of any test or procedure it performs that is not included in subpart I of this part. 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 -- This STANDARD is not met as evidenced by: Based on the surveyor's review of Proficiency Testing (PT) records and an interview with the laboratory staff on March 30, 2026, it was determined that the Laboratory did not verify the accuracy of the Histopathology tests at least twice annually for the year 2024. The findings included: 1.It was the practice of the laboratory to perform Histopathology testing which is not listed in subpart I of the 42 CFR part 493. For test procedures not listed in subpart I, the laboratory must verify the accuracy of the test procedure twice annually. In accordance with the laboratory procedure manuals, the laboratory ensures the accuracy of its histopathology test procedures through a biannual verification process. Specifically, at least one case is selected and sent for peer review during each verification event. 2. On March 30, 2026, at approximately 1: 00 p.m., the surveyor conducted a review of the laboratory's peer review documentation associated with histopathology testing procedures. The documentation revealed that, for the second verification event in 2024, one case was sent out for accuracy verification. However, this case had not been initially reviewed by the laboratory itself. Instead, the initial review was performed by BARR dermatopathology and subsequently peer reviewed by a laboratory holding CLIA ID: 05D0870989. As a result, the laboratory did not perform the required accuracy verification for the second event in 2024, thereby failing to meet the biannual verification requirement for that year. 3. On March 30, 2026., at approximately 1:00 p. m., the laboratory staff confirmed that the laboratory did not verify the accuracy of the Histopathology testing twice annually for 2024. 4. The laboratory's testing declaration form, signed by the laboratory director on January 15, 2026, stated that the laboratory performed approximately 1000 histopathology tests annually. D5315 SPECIMEN SUBMISSION, HANDLING, AND REFERRAL CFR(s): 493.1242(c) (c) The laboratory must refer a specimen for testing only to a CLIA-certified laboratory or a laboratory meeting equivalent requirements as determined by CMS. This STANDARD is not met as evidenced by: Based on review of specimen grossing records, an interview with the laboratory personnel and review of five (5) randomly selected patient test results on March 30, 2026, it was determined that the laboratory failed to ensure that the reference laboratory for specimen grossing maintains a current CLIA certificate. The findings included: 1. It was the practice of the laboratory to perform dermatopathology testing. 2. On March 30, 2026, at approximately 12:40 p.m., the laboratory personnel confirmed that specimen grossing is referred to Harris Histology Service. 3. Harris Histology Service does not possess a CLIA certificate to perform high complexity testing and, therefore, is not authorized to perform specimen grossing. 4. The laboratory's testing declaration form, signed by the laboratory director on January 15, 2026, stated that the laboratory performed approximately 1,000 histopathology tests including dermatopathology annually. D5403 PROCEDURE MANUAL CFR(s): 493.1251(b) (b) The procedure manual must include the following when applicable to the test procedure: (b)(1) Requirements for patient preparation; specimen collection, labeling, storage, preservation, transportation, processing, and referral; and criteria for -- 2 of 4 -- specimen acceptability and rejection as described in 493.1242. (b)(2) Microscopic examination, including the detection of inadequately prepared slides. (b)(3) Step-by- step performance of the procedure, including test calculations and interpretation of results. (b)(4) Preparation of slides, solutions, calibrators, controls, reagents, stains, and other materials used in testing. (b)(5) Calibration and calibration verification procedures. (b)(6) The reportable range for test results for the test system as established or verified in 493.1253. (b)(7) Control procedures. (b)(8)

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Survey - July 20, 2021

Survey Type: Standard

Survey Event ID: H6A311

Deficiency Tags: D5217 D5791 D6094

Summary:

Summary Statement of Deficiencies D5217 EVALUATION OF PROFICIENCY TESTING PERFORMANCE CFR(s): 493.1236(c)(1) At least twice annually, the laboratory must verify the accuracy of any test or procedure it performs that is not included in subpart I of this part. This STANDARD is not met as evidenced by: Based on review of the laboratory's policies and procedures (P&P), review of the "Verification of Test Accuracy" (ETA) for histopathology testing records, and interview with the laboratory personnel, it was determined that the laboratory failed to ensure, at least twice annually, and verify the accuracy of histopathology the laboratory performed that is not included in subpart I of 42 CFR part 493. The findings included: a. The laboratory performed skin biopsy and Mohs surgery procedures including examination of the skin histopathological slides. b. The histopathology testing system is not included in the CLIA subpart I of 42 CFR part 493. c. To ensure the accuracy of the testing results, the laboratory elected to perform EPA by sending out histopathological slides to qualified personnel for peer review at least twice annually. d. The laboratory failed to perform ETA in 2019 and 2020 to verify the accuracy of the testing results. e. The laboratory performed histopathology testing in approximately 80 patient cases monthly. f. The laboratory personnel affirmed (7/20/21 @ noon) that the laboratory failed to perform ETA twice a year to ensure and verify the accuracy of the testing results. D5791 ANALYTIC SYSTEMS QUALITY ASSESSMENT CFR(s): 493.1289(a)(c) (a) The laboratory must establish and follow written policies and procedures for an ongoing mechanism to monitor, assess, and when indicated, correct problems identified in the analytic systems specified in 493.1251 through 493.1283. (c) The laboratory must document all analytic systems assessment activities. 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 review of the laboratory's policies and procedures (P&P), review of "Verification of Test Accuracy" (ETA) for histopathology testing records, and interview with the laboratory personnel, it was determined that the laboratory failed to follow written P&P for an ongoing mechanism to evaluate, monitor, assess, and when indicated, correct problems identified in the analytic systems. The findings included: a. The laboratory performed skin biopsy and Mohs surgery procedures including examination of the skin histopathological slides. b. The histopathology testing system is not included in the CLIA subpart I of 42 CFR part 493. c. To ensure the accuracy of the testing results, the laboratory elected to perform ETA by sending out histopathological slides to a qualified personnel for peer review at least twice annually. d. The laboratory written P&P states in item V. 1. The policy of Michelle Aszterbaum MD., Inc. is to send a minimum of 1 case, twice a year for peer review by a CLIA certified laboratory. In compliance with CLIA requirements for proficiency testing of our laboratory director. e. The laboratory, in 2021, sent out total of six (6) tissue slides, 2 from 2019, 2 from 2020 and 2 from 2021 to a qualified peer to examine and received "Agree with Dx" for all six (6) cases sent. The qualified peer had signed the initial and dated them all on the same date of 7/6/21. f. The laboratory failed to follow its P&P (see d. above), instead sent out 6 cases from three years (2019 thru 2021) for peer review in one time. D6094 LABORATORY DIRECTOR RESPONSIBILITIES CFR(s): 493.1445(e)(5) The laboratory director must ensure that the quality assessment programs are established and maintained to assure the quality of laboratory services provided and to identify failures in quality as they occur. This STANDARD is not met as evidenced by: Based on review of the laboratory's policies and procedures (P&P), review of the "Verification of Test Accuracy" (ETA) for histopathology testing records, and interview with the laboratory personnel, it was determined that the laboratory director failed to ensure that the quality assessment programs were established and maintained to assure the quality of laboratory services provided and to identify failures in quality as they occur. The findings included: a. The laboratory performed skin biopsy and Mohs surgery procedures including examination of the skin histopathological slides. b. To ensure the accuracy of the testing results, the laboratory elected to perform ETA by sending out histopathological slides to qualified personnel for peer review at least twice annually. c. The laboratory failed to perform ETA in 2019 and 2020 to ensure and verify the accuracy of the testing results see D-5217 d. The laboratory failed to follow written P&P to send out the tissue slides with a minimum one (1) case twice in a year for peer review, see D-5791. -- 2 of 2 --

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Survey - March 8, 2019

Survey Type: Standard

Survey Event ID: RF6I11

Deficiency Tags: D5403 D5779

Summary:

Summary Statement of Deficiencies D5403 PROCEDURE MANUAL CFR(s): 493.1251(b) The procedure manual must include the following when applicable to the test procedure: (1) Requirements for patient preparation; specimen collection, labeling, storage, preservation, transportation, processing, and referral; and criteria for specimen acceptability and rejection as described in 493.1242. (2) Microscopic examination, including the detection of inadequately prepared slides. (3) Step-by-step performance of the procedure, including test calculations and interpretation of results. (4) Preparation of slides, solutions, calibrators, controls, reagents, stains, and other materials used in testing. (5) Calibration and calibration verification procedures. (6) The reportable range for test results for the test system as established or verified in 493.1253. (7) Control procedures. (8)

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