[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: 42CFR488.28]



[Page 668]

 

                         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.  488.28  Providers or suppliers, other than SNFs and NFs, with 



deficiencies.



    (a) If a provider or supplier is found to be deficient with respect 

to one or more of the standards in the conditions of participation or 

conditions for coverage, it may participate in or be covered under the 

Health Insurance for the Aged and Disabled Program only if the facility 

has submitted an acceptable plan of correction for achieving compliance 

within a reasonable period of time acceptable to the Secretary.

    (b) The existing deficiencies noted either individually or in 

combination neither jeopardize the health and safety of patients nor are 

of such character as to seriously limit the provider's capacity to 

render adequate care.

    (c)(1) If it is determined during a survey that a provider or 

supplier is not in compliance with one or more of the standards, it is 

granted a reasonable time to achieve compliance.

    (2) The amount of time depends upon the--

    (i) Nature of the deficiency; and

    (ii) State survey agency's judgment as to the capabilities of the 

facility to provide adequate and safe care.

    (d) Ordinarily a provider or supplier is expected to take the steps 

needed to achieve compliance within 60 days of being notified of the 

deficiencies but the State survey agency may recommend that additional 

time be granted by the Secretary in individual situations, if in its 

judgment, it is not reasonable to expect compliance within 60 days, for 

example, a facility must obtain the approval of its governing body, or 

engage in competitive bidding.



[59 FR 56237, Nov. 10, 1994]