42 CFR §488.735

1. (a)Minimum qualifications. Surveys must be conducted by individuals who meet minimum qualifications prescribed by CMS. In addition, before any State or Federal surveyor may serve on an HHA survey team (except as a trainee), he/she must have successfully completed the relevant CMS-sponsored Basic HHA Surveyor Training Course and any associated course prerequisites. All surveyors must follow the principles set forth in § 488.24 through § 488.28 according to CMS policies and procedures for determining compliance with the conditions of participation.
2. (b)Disqualifications. Any of the following circumstances disqualifies a surveyor from surveying a particular agency:
   1. (1)The surveyor currently works for, or, within the past two years, has worked with the HHA to be surveyed as:
      1. (i)A direct employee;
      2. (ii)An employment agency staff at the agency; or
      3. (iii)An officer, consultant, or agent for the agency to be surveyed concerning compliance with conditions of participation specified in or pursuant to sections 1861(o) or 1891(a) of the Act.
   2. (2)The surveyor has a financial interest or an ownership interest in the HHA to be surveyed.
   3. (3)The surveyor has a family member who has a relationship with the HHA to be surveyed.
   4. (4)The surveyor has an immediate family member who is a patient of the HHA to be surveyed.