Effect of CMS’ Validation Authority

7300.4 - Effect of CMS’ Validation Authority (Rev. 213; Issued: 02-10-23; Effective: 02-10-23; Implementation: 02-10-23) The CMS Location may make independent findings of compliance or noncompliance based on its own validation survey. The CMS Location’s finding of noncompliance is binding and takes precedence over the State’s certification of compliance based on the State’s survey. The CMS Location may also make independent findings of compliance or noncompliance based on its review of the State’s certification of compliance or noncompliance. The CMS Location need not conduct an onsite visit in order to exercise its validation authority. However, the CMS Location’s determination of compliance based on the State’s findings that resulted in the State’s certification of noncompliance does not take precedence. (See §7807 for resolving disagreements between the CMS Location and the State.)