106 STAT. 3550 PUBLIC LAW 102-539—CKTT. 27, 1992 "(3) EFFECT OF DENIAL. —If the application for the certification of a facility is denied, the facility may not operate unless the denial of the application is overturned at the conclusion of the administrative appeals process provided in the regulations referred to in paragraph (2)(B).
- (e) ACCREDITATION.—
"(l) APPROVAL OF ACCREDITATION BODIES.—
- (A) IN GENERAL.—The Secretary may approve a private nonprofit organization or State agency to accredit
facilities for purposes of subsection (d)(lxAXiv) if the accreditation body meets the standards for accreditation established by the Secretary as described in subparagraph (B) and provides the assurances required by subparagraph (C). (B) STANDARDS.—The Secretary shall establish standards for accreditation bodies, including— "(i) standards that require an accreditation body to perform— "(I) a review of clinical images from each facility accredited by such body not less often than every 3 years which review will be made by qualified practicing physicians; and (II) a review of a random sample of clinical images from such facilities in each 3-year period beginning October 1, 1994, which review will be made by qualified practicing physicians; "(ii) standards that prohibit individuals conducting the reviews described in clause (i) from maintaining any financial relationship to the facility undergoing review which would constitute a conflict of interest; (iii) stondards that limit the imposition of fees for accreditetion to reasonable amounte; "(iv) stondards that require aa a condition of accreditation that each facility undergo a survey at least annually by a medical physicist as described in subsection (f)(l)(E) to ensure that the facility meets the standards described in subparagraphs (A) and (B) of subsection (f)(D; "(v) stondards that require monitoring and evaluation of such survey, as prescribed by the Secretary; "(vi) standards that are equal to stondards established under subsection (0 which are relevant to accreditotion as determined by the Secretary; and "(vii) such additional stondards as the Secretary may require.
- (C) ASSURANCES.— The accrediting body shall provide
the Secretary satisfactory assurances that the body will— "(i) comply with the stondards as described in subparagraph (B); "(ii) comply with the requirements described in paragraph (4); ^iii) submit to the Secretary the name of any facility for which the accreditotion body denies, suspends, or revokes accreditotion; "(iv) notify the Secretary in a timely manner before the accreditotion body changes the standards of the body;
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