State Operations Manual (Pub. 100-07), Ch. 6 § 6034
CLIA Laboratories - Compliance with Civil Rights Requirement
6034 - CLIA Laboratories - Compliance with Civil Rights Requirement
(Rev. 230; Issued: 07-11-25; Effective: 07-11-25; Implementation: 07-11-25)
CLIA laboratories are required to comply with certain requirements enforced by the
Office for Civil Rights (OCR), including the Americans with Disabilities Act, but are
not subject to traditional pre-certification assurance investigations. These requirements
are enforced only on the basis of complaints. The OCR makes any necessary
investigations and determinations related to compliance with civil rights requirements.
The SA forwards complaints concerning a CLIA laboratory’s noncompliance with
Federal civil rights requirements to CMS. CMS must not assess the validity of such
complaints. Rather, it must forward such complaints to OCR for review and
investigation. As necessary, OCR forwards the complaint to the Department of Justice
(DOJ) for evaluation, investigation, and disposition. CMS does not investigate Federal
civil rights complaints under any circumstances. OCR or the DOJ is responsible for
investigating Federal civil rights complaints. CMS is not authorized to bill the
laboratory for the cost of a complaint survey for noncompliance with civil rights as part
of the laboratory’s user fee obligation.