Introduction

7202.1 - Introduction (Rev. 213; Issued: 02-10-23; Effective: 02-10-23; Implementation: 02-10-23) Conflicts of interest may arise within the Medicare/Medicaid certification when public employees’ duties give them the potential for private gain (monetary or otherwise) or the opportunity to secure unfair advantages for outside associates. The same should be required of State employees whose positions may produce possible conflicts of interest. This includes all State surveyors and their supervisors. There are a number of Federal and State laws setting forth criminal penalties for abuses of privileged information, abuses of influence, and other abuses of public trust. Federal employees are required to make a declaration of any outside interests and to update it whenever such interests are acquired. The same should be required of State employees whose positions may produce possible conflicts of interest. Both CMS and the State are responsible for evaluating the need for preventive measures to protect the integrity of the certification program. When certification work is performed by agencies other than CMS or the State, the State administrators and the subagency administrators have a shared responsibility for this surveillance. In the case of States, it is not necessary to inform CMS of all potential conflict situations. However, if an overt abuse requires corrective action, the CMS Location must be informed as described in §7202.