[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: 42CFR488.24]



[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.  488.24  Certification of noncompliance.



    (a) Special rules for certification of noncompliance for SNFs and 

NFs are set forth in Sec.  488.330.

    (b) The State agency will certify that a provider or supplier is not 

or is no longer in compliance with the conditions of participation or 

conditions for coverage where the deficiencies are of such character as 

to substantially limit the provider's or supplier's capacity to furnish 

adequate care or which adversely affect the health and safety of 

patients; or

    (c) If CMS determines that an institution or agency does not qualify 

for participation or coverage because it is not in compliance with the 

conditions of participation or conditions for coverage, or if a 

provider's agreement is terminated for that reason, the institution or 

agency has the right to request that the determination be reviewed. 

(Appeals procedures are set forth in Part 498 of this chapter.)



[59 FR 56237, Nov. 10, 1994]



[[Page 668]]