[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR488.18]



[Page 666-667]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 488_SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES--Table of 

 

                      Subpart A_General Provisions

 

Sec.  488.18  Documentation of findings.



    (a) The findings of the State agency with respect to each of the 

conditions of participation, requirements (for SNFs and NFs), or 

conditions for coverage must be adequately documented. When the State 

agency certifies to the Secretary that a provider or supplier is not in 

compliance with the conditions or requirements (for SNFs and NFs), and 

therefore not eligible to participate in the program, such documentation 

includes, in addition to the description of the specific deficiencies 

which resulted in the agency's recommendation, any provider or supplier 

response.

    (b) If a provider or supplier is certified by the State agency as in 

compliance with the conditions or participation requirements (for SNFs 

and NFs) or as meeting the requirements for special certification (see 

Sec.  488.54), with deficiencies not adversely affecting the health and 

safety of patients, the following information will be incorporated into 

the finding:

    (1) A statement of the deficiencies that were found.



[[Page 667]]



    (2) A description of further action that is required to remove the 

deficiencies.

    (3) A time-phased plan of correction developed by the provider and 

supplier and concurred with by the State agency.

    (4) A scheduled time for a resurvey of the institution or agency to 

be conducted by the State agency within 90 days following the completion 

of the survey.

    (c) If, on the basis of the State certification, the Secretary 

determines that the provider or supplier is eligible to participate, the 

information described in paragraph (b) of this section will be 

incorporated into a notice of eligibility to the provider or supplier.

    (d) If the State agency receives information to the effect that a 

hospital or a critical access hospital (as defined in section 

1861(mm)(1) of the Act) has violated Sec.  489.24 of this chapter, the 

State agency is to report the information to CMS promptly.



[39 FR 2251, Jan. 17, 1974. Redesignated at 39 FR 11419, Mar. 28, 1974, 

and further redesignated at 42 FR 52826, Sept. 30, 1977. Redesignated at 

53 FR 23100, June 17, 1988; 59 FR 32120, June 22, 1994; 59 FR 56237, 

Nov. 10, 1994; 62 FR 46037, Aug. 29, 1997]



    Effective Date Note: At 59 FR 32120, June 22, 1994, in Sec.  488.18, 

paragraph (d) was added. The amendment contains information collection 

and recordkeeping requirements and will not become effective until 

approval has been given by the Office of Management and Budget.