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US · guidance

CMS SOM App. C, Tag D6191

§493.1423 Standard: Testing personnel qualifications

activein force · 2026-07-22 – presentas-observed

(b)(8) Notwithstanding any other provision of this section, an individual is

considered qualified as a testing personnel under this section if they were qualified

and serving as a testing personnel for moderate complexity testing in a CLIA-certified laboratory as of December 28, 2024, and have done so continuously since

December 28, 2024.

Interpretive Guidelines §493.1423(b)(8)

The grandfathering provision will allow individuals already qualified and employed as a

testing personnel of moderate complexity testing as of the effective date of the final rule

December 28, 2024, to continue to be qualified under the new provisions provided the

individuals remain continuously employed in their position after the effective date of

December 28, 2024. To be considered to be “continuously employed,” in their position,

the individual may have no more than 6 months of break in employment in their position

in a two-year period.

The responsibility is on the individual to provide documentation showing their eligibility

to meet this provision.

History

Rev. 233; Issued: 09-12-25; Effective: 09-12-25; Implementation: 09-12-25

Provenance

Source
cms.gov
Retrieved
2026-07-22
Edition
som-2026-07-22
Content hash
53a57d086f89c90a51d98418bb9c14d93fa1c49bb111fcaf5f3fae1137d0e939
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