---
kind: "section"
citation: "42 C.F.R. § 438.350"
title: "42"
number: "438.350"
heading: "External quality review."
url: "https://uscodex.org/cfr/42/438.350"
---

# §438.350. External quality review.


Each State that contracts with MCOs, PIHPs, or PAHPs must ensure that—

- (a) Except as provided in [§ 438.362](/cfr/42/438.362.md), a qualified EQRO performs an annual EQR for each such contracting MCO, PIHP, or PAHP.
- (b) **The EQRO has sufficient information to use in performing the review.**
- (c) The information used to carry out the review must be obtained from the EQR-related activities described in [§ 438.358](/cfr/42/438.358.md) or, if applicable, from a Medicare or private accreditation review as described in [§ 438.360](/cfr/42/438.360.md).
- (d) For each EQR-related activity, the information gathered for use in the EQR must include the elements described in [§ 438.364(a)(2)(i) through (iv)](/cfr/42/438.364.md?p=a-2-i..a-2-iv).
- (e) The information provided to the EQRO in accordance with [paragraph (b)](#b) of this section is obtained through methods consistent with the protocols established by the Secretary in accordance with [§ 438.352](/cfr/42/438.352.md).
- (f) The results of the reviews are made available as specified in [§ 438.364](/cfr/42/438.364.md).

## Notes

### Amendments

[81 FR 27853, May 6, 2016, as amended at 82 FR 39, Jan. 3, 2017; 89 FR 41278, May 10, 2024]

### Source

Source: 81 FR 27853, May 6, 2016, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 67 FR 41095, June 14, 2002, unless otherwise noted.

### Amendments

[81 FR 27853, May 6, 2016, as amended at 82 FR 39, Jan. 3, 2017; 89 FR 41278, May 10, 2024]