Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 42 - Public Health |
Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services |
SubChapter G - Standards and Certification |
Part 488 - Survey, Certification, and Enforcement Procedures |
Subpart E - Survey and Certification of Long-Term Care Facilities |
§ 488.318 - Inadequate survey performance.
Latest version.
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§ 488.318 Inadequate survey performance.
(a) CMS considers survey performance to be inadequate if the State survey agency -
(1) Indicates a pattern of failure to -
(i) Identify deficiencies and the failure cannot be explained by changed conditions in the facility or other case specific factors;
(ii) Cite only valid deficiencies;
(iii) Conduct surveys in accordance with the requirements of this subpart; or
(iv) Use Federal standards, protocols, and the forms, methods and procedures specified by CMS in manual instructions; or
(2) Fails to identify an immediate jeopardy situation.
(b) Inadequate survey performance does not -
(1) Relieve a SNF or NF of its obligation to meet all requirements for program participation; or
(2) Invalidate adequately documented deficiencies.