State Operations Manual (Pub. 100-07), Ch. 3 § 3308
Information That May Be Disclosed to Public
3308 - Information That May Be Disclosed to Public
(Rev. 1, 05-21-04)
(See Chapter 7 for disclosure requirements for SNFs and NFs)
3308A - Information Disclosable to Public Under CMS Rules That May
Be Disclosed Directly by the SA
(Rev. 1, 05-21-04)
1. A facility does or does not participate in the Medicare/Medicaid/CLIA program;
2. The official Medicare/Medicaid/CLIA report of a survey, except to the extent that
it contains:
• The name of any patient;
• Medical information about any identifiable patient;
• The identity of a complainant;
• The address of anyone other than an owner of the facility; or
• Information which could be defamatory toward any identifiable person.
NOTE - The SA reviews the report of survey, and if it contains any of the above
elements, it deletes the information from the report by blocking it out fully prior
to release of the report. (See 42 CFR 401.118)
3. Citations of deficiencies that have been conveyed to the provider following a
survey, except to the extent the report contains any of the identifiable information
listed above. The SA blocks this information out prior to release of the statement
of deficiencies;
4. PoC and pertinent comments submitted by the provider relating to
Medicare/Medicaid/CLIA deficiencies cited following a survey, except to the
extent the PoC or comments contain any of the identifiable information listed
above. The SA blocks this information out prior to release of the PoC;
5. Official notices of involuntary provider termination;
6. Reports and information about a laboratory’s performance in proficiency testing
programs;
7. The CMS manuals distributed to the SAs, intermediaries, carriers, providers, or
suppliers; and
8. Statistical data on provider characteristics that do not identify any specific
provider or individual.