*This is an archive page. The links are no longer being updated. 1992.02.20 : Regulations -- Clinical Laboratory Improvement Amendments (CLIA) Contact: HCFA Press Office 202-245-6145 CDC Press Office 404-639-3286 February 20, 1992 HHS Secretary Louis W. Sullivan, M.D., today announced the issuance of regulations to ensure the quality and reliability of medical tests performed by clinical laboratories throughout the nation. The regulations are required by the Clinical Laboratory Improvement Amendments of 1988, which extended federal regulatory authority to facilities of all sizes which test human specimens. Secretary Sullivan emphasized that "HHS has pursued twin goals in implementing the law. We must ensure the reliability of tests, and at the same time we must preserve access to laboratory testing for all patients." Under CLIA law, some 200,000 laboratory sites will be affected, including an estimated 130,000 physicians' offices where lab tests are performed. "HHS agencies have consulted closely with medical and laboratory experts to carry out the law that Congress passed," Secretary Sullivan said. "These rules provide the flexibility necessary to expand federal quality standards to many new sites while preserving access for patients." Added costs of assuring test reliability under the regulations are estimated at about 25 cents per lab test. The first of the three regulations issued today sets standards for the reliability of laboratory testing, including quality assurance and quality control standards to ensure the accuracy of test systems and procedures; proficiency testing to measure the accuracy of test performance; and personnel standards that ensure laboratory workers have the appropriate training and experience. The nature of the quality standards a laboratory must follow will depend on the complexity of tests performed by the laboratory. Three levels of complexity are defined in the regulation. The testing levels, based on factors specified in the CLIA law, were developed by the U.S. Public Health Service: o WAIVED TESTS: Eight simple tests: dipstick/tablet urinalysis; ovulation tests; urine pregnancy tests; non-automated erythrocyte sedimentation rate; hemoglobin (copper sulfate); fecal occult blood; spun micro-hematocrit; and blood glucose testing using glucose-monitoring devices cleared by the FDA specifically for home use. o MODERATE COMPLEXITY: About 75 percent of the estimated 10,000 testing procedures: for example, direct Group A Strep Kit; ASO screen slide test; theophylline; sickle cell screen; urine sediment exam; and ABO/Rh grouping (non-transfusion). o HIGH COMPLEXITY: The remaining 25 percent of the 10,000 testing procedures, including all tests pertaining to cytogenetics, histopathology, histocompatibility and cytology (for example, Pap smears for the detection of cervical cancer). Most of these tests are done in laboratories already regulated by the federal government. A laboratory which performs only the eight waived tests and adheres to basic elements of good laboratory practice can apply for a waiver from CLIA oversight. Laboratories that perform moderately or highly complex tests will be inspected at least every two years, and must successfully participate in a proficiency testing program. They must also meet standards for personnel training and experience. All laboratories, regardless of the level of the tests they perform, must register with the Health Care Financing Administration and demonstrate good laboratory practice. James Mason, M.D., HHS assistant secretary for health and head of the Public Health Service, said the regulations "also rely on existing product evaluation processes administered by the Food and Drug Administration to ensure continued technological innovation in the laboratory field." Gail R. Wilensky, Ph.D., administrator of HHS' Health Care Financing Administration, said: "Because of its scope, this regulation will require the cooperation and patience of all involved. But it will deliver to millions of Americans safer, more accurate laboratory testing." HCFA is responsible for administering the CLIA regulations. Because of the importance of the regulations, another opportunity for public comment is being provided before the regulations take effect later this year, Secretary Sullivan said. The two other regulations released today are: o ENFORCEMENT PROCEDURES: This regulation will provide flexible responses to deal with any non-compliance, from relatively minor infractions to situations that pose an immediate and serious threat to patients. Before CLIA, the only available penalty for a noncomplying laboratory was suspension or revocation of its Medicare approval or interstate license. This rule would add a range of sanctions appropriate to the seriousness of the problem. o LABORATORY FEES: This regulation will implement the statutory mandate that CLIA be funded through user fees. Each laboratory will pay its own share of the costs of registration and inspection. Registration fees will range from $100 to $600. Inspection fees will not be collected until inspections begin. In addition, a Complexity Test Notice listing all procedures by level of complexity was released today. A fourth and final CLIA regulation, establishing criteria for nonprofit and state accrediting agencies, will also be published early in *This is an archive page. The links are no longer being updated. 1992. ### **** EDITORS NOTE: Additional background will be available at noon today (Feb. 20) in the Great Hall of the Humphrey Building, 200 Independence Ave., SW.