US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1395bb

Effect of accreditation

(a)

Accreditation by American Osteopathic Association or other national accreditation body

(1)
section 1395m(j) of this title If the Secretary finds that accreditation of a provider entity (as defined in paragraph (4)) by the American Osteopathic Association or any other national accreditation body demonstrates that all of the applicable conditions or requirements of this subchapter (other than the requirements of ) are met or exceeded—
(A)
in the case of a provider entity not described in paragraph (3)(B), the Secretary shall treat such entity as meeting those conditions or requirements with respect to which the Secretary made such finding; or
(B)
in the case of a provider entity described in paragraph (3)(B), the Secretary may treat such entity as meeting those conditions or requirements with respect to which the Secretary made such finding.
(2)
In making such a finding, the Secretary shall consider, among other factors with respect to a national accreditation body, its requirements for accreditation, its survey procedures, its ability to provide adequate resources for conducting required surveys and supplying information for use in enforcement activities, its monitoring procedures for provider entities found out of compliance with the conditions or requirements, and its ability to provide the Secretary with necessary data for validation.
(3)
(A)
Except as provided in subparagraph (B), not later than 60 days after the date of receipt of a written request for a finding under paragraph (1) (with any documentation necessary to make a determination on the request), the Secretary shall publish a notice identifying the national accreditation body making the request, describing the nature of the request, and providing a period of at least 30 days for the public to comment on the request. The Secretary shall approve or deny a request for such a finding, and shall publish notice of such approval or denial, not later than 210 days after the date of receipt of the request (with such documentation). Such an approval shall be effective with respect to accreditation determinations made on or after such effective date (which may not be later than the date of publication of the approval) as the Secretary specifies in the publication notice.
(B)
The 210-day and 60-day deadlines specified in subparagraph (A) shall not apply in the case of any request for a finding with respect to accreditation of a provider entity to which the conditions and requirements of sections 1395i–3 and 1395x(j) of this title apply.
(4)
For purposes of this section, the term “provider entity” means a provider of services, supplier, facility (including a renal dialysis facility), clinic, agency, or laboratory.
(b)

Disclosure of accreditation survey

The Secretary may not disclose any accreditation survey (other than a survey with respect to a home health agency or, beginning on , a hospice program) made and released to the Secretary by the American Osteopathic Association or any other national accreditation body, of an entity accredited by such body, except that the Secretary may disclose such a survey and information related to such a survey to the extent such survey and information relate to an enforcement action taken by the Secretary.

(c)

Deficiencies

Notwithstanding any other provision of this subchapter, if the Secretary finds that a provider entity has significant deficiencies (as defined in regulations pertaining to health and safety), the entity shall, after the date of notice of such finding to the entity and for such period as may be prescribed in regulations, be deemed not to meet the conditions or requirements the entity has been treated as meeting pursuant to subsection (a)(1).

(d)

State or local accreditation

section 1395aa(c) of this titleFor provisions relating to validation surveys of entities that are treated as meeting applicable conditions or requirements of this subchapter pursuant to subsection (a)(1), see .

(e)

Accreditation for dialysis facilities

section 1395rr(b) of this titleWith respect to an accreditation body that has received approval from the Secretary under subsection (a)(3)(A) for accreditation of provider entities that are required to meet the conditions and requirements under , in addition to review and oversight authorities otherwise applicable under this subchapter, the Secretary shall (as the Secretary determines appropriate) conduct, with respect to such accreditation body and provider entities, any or all of the following as frequently as is otherwise required to be conducted under this subchapter with respect to other accreditation bodies or other provider entities:
(1)
Validation surveys referred to in subsection (d).
(2)
Accreditation program reviews (as defined in section 488.8(c) of title 42 of the Code of Federal Regulations, or a successor regulation).
(3)
Performance reviews (as defined in section 488.8(a) of title 42 of the Code of Federal Regulations, or a successor regulation).

Aug. 14, 1935, ch. 531Pub. L. 89–97, title I, § 102(a)79 Stat. 326Pub. L. 92–603, title II86 Stat. 1413Pub. L. 97–248, title I96 Stat. 362Pub. L. 98–369, div. B, title III98 Stat. 1096Pub. L. 99–509, title IX100 Stat. 1990Pub. L. 100–203, title IV101 Stat. 1330–117Pub. L. 100–360, title IV, § 411(d)(4)(B)(ii)102 Stat. 774Pub. L. 100–360, title II102 Stat. 728Pub. L. 100–485, title VI, § 608(d)(20)(D)102 Stat. 2420Pub. L. 101–234, title II, § 201(a)103 Stat. 1981Pub. L. 101–239, title VI103 Stat. 2153Pub. L. 101–508, title IV, § 4163(c)(3)104 Stat. 1388–100Pub. L. 103–432, title I, § 145(c)(4)108 Stat. 4427Pub. L. 104–134, title I, § 101(d) [title V, § 516(b), (c)(2)]110 Stat. 1321–211Pub. L. 104–140, § 1(a)110 Stat. 1327Pub. L. 108–173, title VII, § 736(a)(12)117 Stat. 2355Pub. L. 110–275, title I, § 125(a)122 Stat. 2519Pub. L. 115–123, div. E, title IV, § 50403(a)(1)132 Stat. 217Pub. L. 116–260, div. CC, title IV, § 407(a)(2)134 Stat. 3007(, title XVIII, § 1865, as added , , ; amended , §§ 234(h), 244(b), , , 1423; , §§ 122(g)(4), 128(d)(3), , , 367; , §§ 2345(a), 2346(a), , ; , §§ 9305(c)(3), 9320(h)(3), , , 2016; , §§ 4025(b), 4072(d), , , as amended , , ; , §§ 204(c)(3), (d)(3), , , 729; , , ; , , ; , §§ 6003(g)(3)(C)(iv), 6019(a)–(c), 6115(c), , , 2165, 2166, 2219; , , ; , , ; , , , 1321–246, 1321–247; renumbered title I, , , ; , , ; , (b)(1), , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–2602020—Subsec. (b). inserted “or, beginning on , a hospice program” after “home health agency”.

Pub. L. 115–123, § 50403(a)(1)(A)(i)section 1395rr(b) of this titlesection 1395m(j) of this title2018—Subsec. (a)(1). , struck out “or the conditions and requirements under ” after “” in introductory provisions.

Pub. L. 115–123, § 50403(a)(1)(A)(ii)Subsec. (a)(4). , inserted “(including a renal dialysis facility)” after “facility”.

Pub. L. 115–123, § 50403(a)(1)(B)Subsec. (e). , added subsec. (e).

Pub. L. 110–275, § 125(a)section 1395x(e) of this title2008—Subsec. (a). , redesignated subsec. (b) as (a) and struck out former subsec. (a) which provided criteria necessary for an institution to meet certain requirements enumerated in .

Pub. L. 110–275, § 125(b)(1)(A)Subsec. (a)(1). , substituted “If” for “In addition, if”.

Pub. L. 110–275, § 125(a)Subsec. (b). , (b)(1)(B), redesignated subsec. (c) as (b), substituted “released to the Secretary by” for “released to him by the Joint Commission on Accreditation of Hospitals,”, and struck out the comma after “Osteopathic Association”. Former subsec. (b) redesignated (a).

Pub. L. 110–275, § 125(a)Subsecs. (c), (d). , (b)(1)(C), (D), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and substituted “pursuant to subsection (a)(1)” for “pursuant to subsection (a) or (b)(1)”. Former subsec. (c) redesignated (b).

Pub. L. 110–275, § 125(a)Subsec. (e). , redesignated subsec. (e) as (d).

Pub. L. 108–1732003—Subsec. (b)(3)(B). substituted “sections” for “section”.

Pub. L. 104–134, § 101(d) [title V, § 516(b)(2), (3)]o1996—Subsec. (a). , struck out after second sentence: “In addition, if the Secretary finds that accreditation of an entity by the American Osteopathic Association or any other national accreditation body provides reasonable assurance that any or all of the conditions of section 1395k(a)(2)(F)(i), 1395x(e), 1395x(f), 1395x(j), 1395x(), 1395x(p)(4)(A) or (B), paragraphs (15) and (16) of section 1395x(s), section 1395x(aa)(2), 1395x(cc)(2), 1395x(dd)(2), or 1395x(mm)(1) of this title, as the case may be, are met, he may, to the extent he deems it appropriate, treat such entity as meeting the condition or conditions with respect to which he made such finding.” and redesignated fourth sentence as subsec. (c).

Pub. L. 104–134, § 101(d) [title V, § 516(b)(3)]Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (d).

Pub. L. 104–134, § 101(d) [title V, § 516(b)(2)]Subsec. (c). , redesignated fourth sentence of subsec. (a) as subsec. (c).

Pub. L. 104–134, § 101(d) [title V, § 516(b)(1), (c)(2)(A)]section 1395x(e) of this titleSubsec. (d). , redesignated subsec. (b) as (d) and substituted “a provider entity” for “a hospital”, “the entity” for “the hospital” in two places, and “the conditions or requirements the entity has been treated as meeting pursuant to subsection (a) or (b)(1) of this section” for “the requirements of the numbered paragraphs of ”.

Pub. L. 104–134, § 101(d) [title V, § 516(c)(2)(B)]Subsec. (e). , added subsec. (e).

Pub. L. 103–4321994—Subsec. (a). struck out “1395m(c)(3),” after “conditions of section 1395k(a)(2)(F)(i),” in closing provisions.

Pub. L. 101–5081990—Subsec. (a). inserted “1395m(c)(3),” after “1395k(a)(2)(F)(i),” in second sentence.

Pub. L. 101–239, § 6115(c)1989—Subsec. (a). , substituted “paragraphs (15) and (16)” for “paragraphs (14) and (15)”.

Pub. L. 101–239, § 6019(b), inserted before period at end “, except that the Secretary may disclose such a survey and information related to such a survey to the extent such survey and information relate to an enforcement action taken by the Secretary”.

Pub. L. 101–239, § 6003(g)(3)(C)(iv), substituted “1395x(dd)(2), or 1395x(mm)(1) of this title” for “or 1395x(dd)(2) of this title” in third sentence.

Pub. L. 101–234Pub. L. 100–360, § 204(c)(3) repealed , (d)(3), and provided that the provisions of law amended or repealed by such section are restored or revived as if such section had not been enacted, see 1988 and 1989 Amendment notes.

Pub. L. 101–239, § 6019(a)section 1395aa(c) of this titleSubsec. (a)(2). , designated existing provisions as subpar. (A), struck out “(if it is included within a survey described in )” after “such institution”, inserted “, together with any other information directly related to the survey as the Secretary may require (including corrective action plans)” after “by such Commission”, and added subpar. (B).

Pub. L. 101–239, § 6019(c)section 1395aa(c) of this titleSubsec. (b). , struck out “following a survey made pursuant to ” after “if the Secretary finds”.

Pub. L. 100–360, § 411(d)(4)(B)(ii)Pub. L. 100–485, § 608(d)(20)(D)Pub. L. 100–203, § 4025(b)1988—Subsec. (a). , as amended by , added , see 1987 Amendment note below.

Pub. L. 100–360, § 204(d)(3), substituted “paragraphs (14) and (15)” for “paragraphs (13) and (14)” in third sentence.

Pub. L. 100–360, § 204(c)(3), inserted “1395m(e)(3),” after “1395k(a)(2)(F)(i),” in third sentence.

Pub. L. 100–203, § 4072(d)1987—Subsec. (a). , substituted “paragraphs (13) and (14)” for “paragraphs (12) and (13)” in penultimate sentence.

Pub. L. 100–203, § 4025(b)Pub. L. 100–360, § 411(d)(4)(B)(ii)Pub. L. 100–485, § 608(d)(20)(D), as added by , as amended by , inserted “(other than a survey with respect to a home health agency)” after “survey” in last sentence.

Pub. L. 99–509, § 9305(c)(3)1986—Subsec. (a). , inserted “, requires a discharge planning process (or imposes another requirement which serves substantially the same purpose)” after “the same purpose)”, and “clause (A) or (B) of” after “comply also with” in second sentence.

Pub. L. 99–509, § 9320(h)(3), substituted “paragraphs (12) and (13)” for “paragraphs (11) and (12)” in third sentence.

Pub. L. 98–369, § 2346(a)oo1984—Subsec. (a). , in provisions following par. (4), substituted “section 1395k(a)(2)(F)(i), 1395x(e), 1395x(f), 1395x(j), 1395x(), 1395x(p)(4)(A) or (B), paragraphs (11) and (12) of section 1395x(s), section 1395x(aa)(2), 1395x(cc)(2), or 1395x(dd)(2) of this title” for “section 1395x(e), (j), (), or (dd) of this title”, and substituted “entity” for “institution or agency” in two places.

Pub. L. 98–369, § 2345(a), struck out “(on a confidential basis)” after “release to the Secretary” in par. (2), and inserted provision that the Secretary may not disclose any accreditation survey made and released to him by the Joint Commission on Accreditation of Hospitals, the American Osteopathic Association, or any other national accreditation body, of an entity accredited by such body, in provisions following par. (4).

Pub. L. 97–248, § 122(g)(4)oo1982—Subsec. (a). , substituted “(), or (dd)” for “or ()”.

Pub. L. 97–248, § 128(d)(3)Subsec. (b). , substituted “a hospital” for “an institution” and “the hospital” for “such institution”.

Pub. L. 92–6031972— designated existing provisions as subsec. (a), inserted reference to subsec. (b) of this section in opening provisions, redesignated existing provisions as pars. (1) and (3) and added pars. (2) and (4) and in provisions following par. (4) inserted provisions for the imposition of a standard which the Secretary determines is at least equivalent to the standard promulgated by the Secretary as described in par. (4), and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment; Transition Rule

Pub. L. 110–275, title I, § 125(d)122 Stat. 2520

“(1)
ll Subject to paragraph (2), the amendments made by this section [amending this section and sections 1395m, 1395w–22, 1395x, 1395aa, and 1395 of this title] shall apply with respect to accreditations of hospitals granted on or after the date that is 24 months after the date of the enactment of this Act [].
“(2)
42 U.S.C. 1395 For purposes of title XVIII of the Social Security Act ( et seq.), the amendments made by this section shall not effect [sic] the accreditation of a hospital by the Joint Commission, or under accreditation or comparable approval standards found to be essentially equivalent to accreditation or approval standards of the Joint Commission, for the period of time applicable under such accreditation.”
, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–432section 263b(b) of this titlesection 145(d) of Pub. L. 103–432section 1395m of this titleAmendment by applicable to mammography furnished by a facility on and after the first date that the certificate requirements of apply to such mammography conducted by such facility, see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508section 4163(e) of Pub. L. 101–508lAmendment by applicable to screening mammography performed on or after , see , set out as a note under section 1395 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–239, title VI, § 6019(d)103 Stat. 2166

“(1)
Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [].
“(2)
The amendments made by subsection (a) [amending this section] shall take effect 6 months after the date of the enactment of this Act.”
, , , provided that:

section 6115(c) of Pub. L. 101–239section 6115(d) of Pub. L. 101–239section 1395x of this titleAmendment by applicable to screening pap smears performed on or after , see , set out as a note under .

Pub. L. 101–234section 201(c) of Pub. L. 101–234section 1320a–7a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–485Pub. L. 100–360section 608(g)(1) of Pub. L. 100–485section 704 of this titleAmendment by effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, , see , set out as a note under .

Pub. L. 100–360section 204(e) of Pub. L. 100–360section 1395m of this titleAmendment by section 204(c)(3), (d)(3) of applicable to screening mammography performed on or after , see , set out as a note under .

section 411 of Pub. L. 100–360section 411(d)(4)(B)(ii) of Pub. L. 100–360Pub. L. 100–203Pub. L. 100–203section 411(a) of Pub. L. 100–360section 106 of Title 1Except as specifically provided in , amendment by , as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, , effective as if included in the enactment of that provision in , see , set out as a Reference to OBRA; Effective Date note under , General Provisions.

Effective Date of 1987 Amendment

section 4025(b) of Pub. L. 100–203section 4025(c) of Pub. L. 100–203section 1395aa of this titleAmendment by applicable with respect to agreements entered into or renewed on or after , see , as amended, set out as a note under .

section 4072(d) of Pub. L. 100–203section 4072(e) of Pub. L. 100–203section 1395x of this titleFor effective date of amendment by , see , set out as a note under .

Effective Date of 1986 Amendment

section 9305(c)(3) of Pub. L. 99–509section 9305(c)(4) of Pub. L. 99–509section 1395x of this titleAmendment by applicable to hospitals as of one year after , see , set out as a note under .

section 9320(h)(3) of Pub. L. 99–509Pub. L. 99–509section 1395k of this titleAmendment by applicable to services furnished on or after , with exceptions for hospitals located in rural areas which meet certain requirements related to certified registered nurse anesthetists, see section 9320(i), (k) of , as amended, set out as notes under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, title III, § 2345(b)98 Stat. 1096

“The amendments made by this section [amending this section] shall become effective on the date of the enactment of this Act [], and shall apply with respect to surveys released to the Secretary on, before, or after such date.”
, , , provided that:

Pub. L. 98–369, div. B, title III, § 2346(b)98 Stat. 1096

“The amendments made by this section [amending this section] shall become effective on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1982 Amendment

section 122(g)(4) of Pub. L. 97–248section 122(h)(1) of Pub. L. 97–248section 1395c of this titleAmendment by applicable to hospice care provided on or after , see , as amended, set out as a note under .

section 128(d)(3) of Pub. L. 97–248section 128(e)(3) of Pub. L. 97–248section 1395x of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

section 234(h) of Pub. L. 92–603section 234(i) of Pub. L. 92–603section 1395x of this titleAmendment by applicable with respect to providers of services for fiscal years beginning after the fifth month following October 1972, see , set out as a note under .

Timing for Acceptance of Requests From Accreditation Organizations

Pub. L. 115–123, div. E, title IV, § 50403(a)(2)132 Stat. 218

42 U.S.C. 1395bb(a)(3)(A)42 U.S.C. 1395rr(b)“Not later than 90 days after the date of enactment of this Act [], the Secretary of Health and Human Services shall begin accepting requests from national accreditation bodies for a finding described in section 1865(a)(3)(A) of the Social Security Act () for purposes of accrediting provider entities that are required to meet the conditions and requirements under section 1881(b) of such Act ().”
, , , provided that:

Authority To Recognize the Joint Commission as a National Accreditation Body

Pub. L. 110–275, title I, § 125(c)122 Stat. 2519

42 U.S.C. 1395bb“The Secretary of Health and Human Services may recognize the Joint Commission as a national accreditation body under section 1865 of the Social Security Act (), as amended by this section, upon such terms and conditions, and upon submission of such information, as the Secretary may require.”
, , , provided that: