[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: 42CFR488.20]



[Page 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.  488.20  Periodic review of compliance and approval.



    (a) Determinations by CMS to the effect that a provider or supplier 

is in compliance with the conditions of participation, or requirements 

(for SNFs and NFs), or the conditions for coverage are made as often as 

CMS deems necessary and may be more or less than a 12-month period, 

except for SNFs, NFs and HHAs. (See Sec.  488.308 for special rules for 

SNFs and NFs.)

    (b) The responsibilities of State survey agencies in the review and 

certification of compliance are as follows:

    (1) Resurvey providers or suppliers as frequently as necessary to 

ascertain compliance and confirm the correction of deficiencies;

    (2) Review reports prepared by a Professional Standards Review 

Organization (authorized under Part B Title XI of the Act) or a State 

inspection of care team (authorized under Title XIX of the Act) 

regarding the quality of a facility's care;

    (3) Evaluate reports that may pertain to the health and safety of 

patients; and

    (4) Take appropriate actions that may be necessary to achieve 

compliance or certify noncompliance to CMS.

    (c) A State survey agency certification to CMS that a provider or 

supplier is no longer in compliance with the conditions of participation 

or requirements (for SNFs and NFs) or conditions for coverage will 

supersede the State survey agency's previous certification.



(Secs. 1102, 1814, 1861, 1863 through 1866, 1871, and 1881; 42 U.S.C. 

1302, 1395f, 1395x, 1395z through 1395cc, 1395hh, and 1395rr)



[45 FR 74833, Nov. 12, 1981. Redesignated and amended at 53 FR 23100, 

June 17, 1988, and further amended at 54 FR 5373, Feb. 2, 1989; 56 FR 

48879, Sept. 26, 1991; 59 FR 56237, Nov. 10, 1994]