---
kind: "section"
citation: "42 C.F.R. § 493.1812"
title: "42"
number: "493.1812"
heading: "Action when deficiencies pose immediate jeopardy."
url: "https://uscodex.org/cfr/42/493.1812"
---

# §493.1812. Action when deficiencies pose immediate jeopardy.


If a laboratory's deficiencies pose immediate jeopardy, the following rules apply:

- (a) CMS requires the laboratory to take immediate action to remove the jeopardy and may impose one or more alternative sanctions to help bring the laboratory into compliance.
- (b) If the findings of a revisit indicate that a laboratory has not eliminated the jeopardy, CMS suspends or limits the laboratory's CLIA certificate no earlier than 5 days after the date of notice of suspension or limitation. CMS may later revoke the certificate.
- (c) In addition, if CMS has reason to believe that the continuation of any activity by any laboratory (either the entire laboratory operation or any specialty or subspecialty of testing) would constitute a significant hazard to the public health, CMS may bring suit and seek a temporary injunction or restraining order against continuation of that activity by the laboratory, regardless of the type of CLIA certificate the laboratory has and of whether it is State-exempt.

## Notes

### Source

Source: 57 FR 7237, Feb. 28, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 1302, 1395x(e), 1395x(s)(3) and (s)(17).

### Source

Source: 55 FR 9576, Mar. 14, 1990, unless otherwise noted.