State Operations Manual (Pub. 100-07), Ch. 3 § 3318
Disclosure of Information To and From Operating Components
3318 - Disclosure of Information To and From Operating Components
(Rev. 1, 05-21-04)
According the 42 CFR 401.134, the SA may disclose confidential certification
information about a provider/supplier without the provider/supplier’s authorization when
such disclosure is necessary for proper performance of the duties of:
• An officer or employee of DHHS;
• An officer or employee of a SA or an intermediary participating in administration
of title XVIII and/or title XIX by contract, agreement, or State plan for purposes
of carrying out such contract, agreement, or State plan; and
• An officer or employee of a SA carrying out duties under State law in licensing or
approving facilities.
Generally, confidential certification information is not to be released outside of the State
survey and certification unit. Release by a SA to another State component or to a county
or other local entity that performs survey functions for the SA is predicated on first
obtaining agreement by the component or county to use the information only for
certification or licensure purposes. The receiving SA component or other State or local
entity may not release any certification information, subject to the penalty provisions of
§1106 of the Act.