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  • CMS Grants COLA Deeming Authority for Clinical Cytogenetics and Radiobioassay Under CLIA

CMS Grants COLA Deeming Authority for Clinical Cytogenetics and Radiobioassay Under CLIA

  • By: Learn Laws®
  • Published: 12/19/2025
  • Updated: 12/19/2025

The Centers for Medicare & Medicaid Services announced on December 19, 2025, in the Federal Register that it has approved the Commission on Laboratory Accreditation, known as COLA, as an accreditation organization for clinical laboratories under the Clinical Laboratory Improvement Amendments of 1988. This approval specifically covers the specialties of clinical cytogenetics and radiobioassay, granting COLA deeming authority for five years from January 20, 2026, to January 20, 2031. The move expands options for laboratories seeking accreditation to comply with federal standards, potentially streamlining oversight while maintaining quality assurance in specialized testing. Clinical cytogenetics involves the study of chromosomes to detect genetic abnormalities, often used in diagnosing conditions like cancer or congenital disorders. Radiobioassay measures radioactive materials in biological samples, critical for occupational health monitoring and environmental assessments. This development underscores ongoing efforts to ensure laboratory reliability amid advancing medical technologies.

Background on CLIA and Laboratory Accreditation

The Clinical Laboratory Improvement Amendments, enacted by Congress on October 31, 1988, as Public Law 100-578, amended section 353 of the Public Health Service Act to establish federal standards for all laboratories performing tests on human specimens. These standards aim to ensure accuracy, reliability, and timeliness of test results, regardless of the laboratory's location or size. Implementing regulations were finalized on July 31, 1992, in the Federal Register (57 FR 33992), introducing provisions for private accreditation organizations to deem laboratories compliant with CLIA requirements.

Under 42 CFR part 493, subpart E, CMS can grant deeming authority to nonprofit accreditation organizations if their standards are equal to or more stringent than CLIA's. This framework allows accredited labs to bypass routine state surveys, though they remain subject to federal validation and complaint inspections. COLA, established in 1988, has long provided accreditation services, focusing on physician office laboratories and now expanding into specialized fields. This approval builds on COLA's existing role in other CLIA specialties, reflecting a broader trend of diversifying accreditation providers to meet evolving laboratory needs.

Details of the Approval Process

CMS evaluated COLA's application through a comprehensive review of its policies, procedures, and standards against CLIA requirements. The agency determined that COLA's program meets or exceeds standards in key areas, including proficiency testing, facility administration, quality systems, personnel qualifications, inspections, and enforcement. For instance, in subpart H (sections 493.801 through 493.865), COLA's proficiency testing requirements were found equivalent or stricter, ensuring laboratories regularly demonstrate testing accuracy.

Similarly, for subpart K (sections 493.1200 through 493.1299), which covers quality systems for nonwaived testing, COLA's standards align with or surpass CLIA's emphasis on preanalytic, analytic, and postanalytic processes. The notice highlights COLA's mechanisms for monitoring compliance, such as on-site inspections, proficiency testing oversight, and complaint investigations. CMS also confirmed COLA's procedures for revoking accreditation and notifying authorities, as required under subpart R. The evaluation included a detailed comparison of COLA's requirements with CLIA conditions, a list of current accredited laboratories, and documentation of oversight processes.

This rigorous assessment ensures that COLA-accredited laboratories in clinical cytogenetics and radiobioassay will adhere to standards that protect public health. As stated in the Federal Register notice, 'We have determined that COLA meets or exceeds the applicable CLIA requirements.' The approval is limited to these two specialties, not extending to others without further review.

Key Players and Regulatory Context

Key players include CMS, under the Department of Health and Human Services, which administers CLIA and oversees accreditation approvals. The notice was signed by Vanessa Garcia as the Federal Register Liaison, with approval from CMS Administrator Mehmet Oz. COLA, a private nonprofit, joins other accrediting bodies like The Joint Commission and the College of American Pathologists in this role.

Relevant legal precedents include the foundational CLIA statute and subsequent regulations, which have been upheld in cases emphasizing federal authority over laboratory standards, such as challenges to proficiency testing requirements. Political forces at play involve balancing regulatory burden with quality assurance, a debate intensified during periods of healthcare reform. For example, efforts to reduce administrative costs for laboratories have led to expanded accreditation options, while concerns over testing accuracy in specialized fields like genetics have prompted stricter oversight.

Perspectives vary: Laboratory operators may view this as a welcome alternative to state surveys, potentially reducing costs and delays. Patient advocacy groups emphasize the need for robust federal validation to prevent lapses in quality. Regulators highlight the efficiency of deeming authority, provided accreditation standards remain stringent.

Implications for Laboratories and the Industry

Short-term implications include expanded choices for laboratories specializing in clinical cytogenetics and radiobioassay. Labs accredited by COLA during the approval period will be deemed CLIA-compliant, exempting them from routine state inspections but not from CMS validation surveys or complaint investigations. This could facilitate faster market entry for new labs and encourage innovation in genetic and radiation testing.

Long-term effects may involve shifts in accreditation market dynamics, with COLA potentially attracting more specialized labs. However, risks include potential inconsistencies if accreditation standards diverge, prompting federal intervention. The notice outlines ongoing federal oversight, including representative sample inspections, as a safeguard. Industry stakeholders note that this approval aligns with broader trends in precision medicine, where accurate cytogenetic testing is vital for personalized treatments, and radiobioassay supports nuclear safety protocols.

Forward-Looking Considerations

In summary, CMS's approval of COLA enhances the accreditation landscape under CLIA, offering laboratories in clinical cytogenetics and radiobioassay a vetted pathway to compliance. Key takeaways include the equivalence of COLA's standards to CLIA requirements and the five-year term of deeming authority. Potential next steps involve COLA accrediting its first labs in these specialties and CMS conducting initial validation surveys to verify implementation. Ongoing debates may focus on expanding accreditation to other emerging fields or refining oversight to address technological advancements. Challenges could arise if systemic issues emerge in COLA's processes, leading to probation or revocation as outlined in section 493.575. This development invites continued scrutiny from policymakers and the public to ensure laboratory standards evolve with scientific progress.

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