Part 488 - Survey, Certification, and Enforcement Procedures  


Subpart A - General Provisions
§ 488.1 - Definitions.
§ 488.2 - Statutory basis.
§ 488.3 - Conditions of participation, conditions for coverage, conditions for certification and long term care requirements.
§ 488.4 - General rules for a CMS-approved accreditation program for providers and suppliers.
§ 488.5 - Application and re-application procedures for national accrediting organizations.
§ 488.6 - Providers or suppliers that participate in the Medicaid program under a CMS-approved accreditation program.
§ 488.7 - Release and use of accreditation surveys.
§ 488.8 - Ongoing review of accrediting organizations.
§ 488.9 - Validation surveys.
§ 488.10 - State survey agency review: Statutory provisions.
§ 488.11 - State survey agency functions.
§ 488.12 - Effect of survey agency certification.
§ 488.13 - Loss of accreditation.
§ 488.14 - Effect of QIO review.
§ 488.18 - Documentation of findings.
§ 488.20 - Periodic review of compliance and approval.
§ 488.24 - Certification of noncompliance.
§ 488.26 - Determining compliance.
§ 488.28 - Providers or suppliers, other than SNFs, NFs, HHAs, and Hospice programs with deficiencies.
§ 488.30 - Revisit user fee for revisit surveys.
Subpart B - Special Requirements
§ 488.52 - [Reserved]
§ 488.54 - Temporary waivers applicable to hospitals.
§ 488.56 - Temporary waivers applicable to skilled nursing facilities.
§ 488.60 - Special procedures for approving end stage renal disease facilities.
§ 488.61 - Special procedures for approval and re-approval of organ transplant programs.
§ 488.64 - Remote facility variances for utilization review requirements.
§ 488.68 - State Agency responsibilities for OASIS collection and data base requirements.
§ 488.70 - Special requirements for rural emergency hospitals (REHs).
Subpart C - Survey Forms and Procedures
§ 488.100 - Long term care survey forms, Part A.
§ 488.105 - Long term care survey forms, Part B.
§ 488.110 - Procedural guidelines.
§ 488.115 - Care guidelines.
Subpart D - Reconsideration of Adverse Determinations - Deeming Authority for Accreditation Organizations and CLIA Exemption of Laboratories Under State Programs
§ 488.201 - Reconsideration.
§ 488.203 - Withdrawal of request for reconsideration.
§ 488.205 - Right to informal hearing.
§ 488.207 - Informal hearing procedures.
§ 488.209 - Hearing officer's findings.
§ 488.211 - Final reconsideration determination.
Subpart E - Survey and Certification of Long-Term Care Facilities
§ 488.300 - Statutory basis.
§ 488.301 - Definitions.
§ 488.303 - State plan requirement.
§ 488.305 - Standard surveys.
§ 488.307 - Unannounced surveys.
§ 488.308 - Survey frequency.
§ 488.310 - Extended survey.
§ 488.312 - Consistency of survey results.
§ 488.314 - Survey teams.
§ 488.318 - Inadequate survey performance.
§ 488.320 - Sanctions for inadequate survey performance.
§ 488.325 - Disclosure of results of surveys and activities.
§ 488.330 - Certification of compliance or noncompliance.
§ 488.331 - Informal dispute resolution.
§ 488.332 - Investigation of complaints of violations and monitoring of compliance.
§ 488.334 - Educational programs.
§ 488.335 - Action on complaints of resident neglect and abuse, and misappropriation of resident property.
Subpart F - Enforcement of Compliance for Long-Term Care Facilities with Deficiencies
§ 488.400 - Statutory basis.
§ 488.401 - Definitions.
§ 488.402 - General provisions.
§ 488.404 - Factors to be considered in selecting remedies.
§ 488.406 - Available remedies.
§ 488.408 - Selection of remedies.
§ 488.410 - Action when there is immediate jeopardy.
§ 488.412 - Action when there is no immediate jeopardy.
§ 488.414 - Action when there is repeated substandard quality of care.
§ 488.415 - Temporary management.
§ 488.417 - Denial of payment for all new admissions.
§ 488.418 - Secretarial authority to deny all payments.
§ 488.422 - State monitoring.
§ 488.424 - Directed plan of correction.
§ 488.425 - Directed inservice training.
§ 488.426 - Transfer of residents, or closure of the facility and transfer of residents.
§ 488.430 - Civil money penalties: Basis for imposing penalty.
§ 488.431 - Civil money penalties imposed by CMS and independent informal dispute resolution: for SNFS, dually-participating SNF/NFs, and NF-only facilities.
§ 488.432 - Civil money penalties imposed by the State: NF-only.
§ 488.433 - Civil money penalties: Uses and approval of civil money penalties imposed by CMS.
§ 488.434 - Civil money penalties: Notice of penalty.
§ 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.
§ 488.438 - Civil money penalties: Amount of penalty.
§ 488.440 - Civil money penalties: Effective date and duration of penalty.
§ 488.442 - Civil money penalties: Due date for payment of penalty.
§ 488.444 - Civil money penalties: Settlement of penalties.
§ 488.446 - Administrator sanctions: long-term care facility closures.
§ 488.447 - Civil Money Penalties imposed for failure to comply with 42 CFR 483.80(g)(1) and (2).
§ 488.450 - Continuation of payments to a facility with deficiencies.
§ 488.452 - State and Federal disagreements involving findings not in agreement in non-State operated NFs and dually participating facilities when there is no immediate jeopardy.
§ 488.454 - Duration of remedies.
§ 488.456 - Termination of provider agreement.
Subpart G - XXX
Subpart H - Termination of Medicare Coverage and Alternative Sanctions for End-Stage Renal Disease (ESRD) Facilities
§ 488.604 - Termination of Medicare coverage.
§ 488.606 - Alternative sanctions.
§ 488.608 - Notice of alternative sanction and appeal rights: Termination of coverage.
§ 488.610 - Notice of appeal rights: Alternative sanctions.
Subpart I - Survey and Certification of Home Health Agencies
§ 488.700 - Basis and scope.
§ 488.705 - Definitions.
§ 488.710 - Standard surveys.
§ 488.715 - Partial extended surveys.
§ 488.720 - Extended surveys.
§ 488.725 - Unannounced surveys.
§ 488.730 - Survey frequency and content.
§ 488.735 - Surveyor qualifications.
§ 488.740 - Certification of compliance or noncompliance.
§ 488.745 - Informal Dispute Resolution (IDR).
Subpart J - Alternative Sanctions for Home Health Agencies With Deficiencies
§ 488.800 - Statutory basis.
§ 488.805 - Definitions.
§ 488.810 - General provisions.
§ 488.815 - Factors to be considered in selecting sanctions.
§ 488.820 - Available sanctions.
§ 488.825 - Action when deficiencies pose immediate jeopardy.
§ 488.830 - Action when deficiencies are at the condition-level but do not pose immediate jeopardy.
§ 488.835 - Temporary management.
§ 488.840 - Suspension of payment for all new patient admissions.
§ 488.845 - Civil money penalties.
§ 488.850 - Directed plan of correction.
§ 488.855 - Directed in-service training.
§ 488.860 - Continuation of payments to an HHA with deficiencies.
§ 488.865 - Termination of provider agreement.
Subpart K - [Reserved]
Subparts K--L - XXX
Subpart L - Accreditation of Home Infusion Therapy Suppliers
Approval and Oversight of Home Infusion Therapy Supplier Accrediting Organizations
§ 488.1010 - Application and reapplication procedures for national home infusion therapy accrediting organizations.
§ 488.1015 - Resubmitting a request for reapproval.
§ 488.1020 - Public notice and comment.
§ 488.1025 - Release and use of home infusion therapy accreditation surveys.
§ 488.1030 - Ongoing review of home infusion therapy accrediting organizations.
§ 488.1035 - Ongoing responsibilities of a CMS-approved home infusion therapy accrediting organization.
§ 488.1040 - Onsite observations of home infusion therapy accrediting organization operations.
§ 488.1045 - Voluntary and involuntary termination.
§ 488.1050 - Reconsideration.
General Provisions
§ 488.1000 - Basis and scope.
§ 488.1005 - Definitions.
Subpart M - Survey and Certification of Hospice Programs
§ 488.1100 - Basis and scope.
§ 488.1105 - Definitions.
§ 488.1110 - Hospice program: surveys and hotline.
§ 488.1115 - Surveyor qualifications and prohibition of conflicts of interest.
§ 488.1120 - Survey teams.
§ 488.1125 - Consistency of survey results.
§ 488.1130 - Informal dispute resolution (IDR).
§ 488.1135 - Hospice Special Focus Program (SFP).
Subpart N - Enforcement Remedies for Hospice Programs With Deficiencies
§ 488.1200 - Statutory basis.
§ 488.1205 - Definitions.
§ 488.1210 - General provisions.
§ 488.1215 - Factors to be considered in selecting remedies.
§ 488.1220 - Available remedies.
§ 488.1225 - Action when deficiencies pose immediate jeopardy.
§ 488.1230 - Action when deficiencies are at the condition-level but do not pose immediate jeopardy.
§ 488.1235 - Temporary management.
§ 488.1240 - Suspension of payment for all new patient admissions.
§ 488.1245 - Civil money penalties.
§ 488.1250 - Directed plan of correction.
§ 488.1255 - Directed in-service training.
§ 488.1260 - Continuation of payments to a hospice program with deficiencies.
§ 488.1265 - Termination of provider agreement.