[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: 42CFR488.301]



[Page 918-919]

 

                         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 E_Survey and Certification of Long-Term Care Facilities

 

Sec.  488.301  Definitions.



    As used in this subpart--

    Abbreviated standard survey means a survey other than a standard 

survey that gathers information primarily through resident-centered 

techniques on facility compliance with the requirements for 

participation. An abbreviated standard survey may be premised on 

complaints received; a change of ownership, management, or director of 

nursing; or other indicators of specific concern.

    Abuse means the willful infliction of injury, unreasonable 

confinement, intimidation, or punishment with resulting physical harm, 

pain or mental anguish.

    Deficiency means a SNF's or NF's failure to meet a participation 

requirement specified in the Act or in part 483, subpart B of this 

chapter.

    Dually participating facility means a facility that has a provider 

agreement in both the Medicare and Medicaid programs.

    Extended survey means a survey that evaluates additional 

participation requirements subsequent to finding substandard quality of 

care during a standard survey.

    Facility means a SNF or NF, or a distinct part SNF or NF, in 

accordance with Sec.  483.5 of this chapter.



[[Page 919]]



    Immediate family means husband or wife; natural or adoptive parent, 

child or sibling; stepparent, stepchild, stepbrother, or stepsister; 

father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-

law, or sister-in-law; grandparent or grandchild.

    Immediate jeopardy means a situation in which the provider's 

noncompliance with one or more requirements of participation has caused, 

or is likely to cause, serious injury, harm, impairment, or death to a 

resident.

    Misappropriation of resident property means the deliberate 

misplacement, exploitation, or wrongful, temporary or permanent use of a 

resident's belongings or money without the resident's consent.

    Neglect means failure to provide goods and services necessary to 

avoid physical harm, mental anguish, or mental illness.

    Noncompliance means any deficiency that causes a facility to not be 

in substantial compliance.

    Nurse aide means an individual, as defined in Sec.  483.75(e)(1) of 

this chapter.

    Nursing facility (NF) means a Medicaid nursing facility.

    Paid feeding assistant means an individual who meets the 

requirements specified in Sec.  483.35(h)(2) of this chapter and who is 

paid to feed residents by a facility, or who is used under an 

arrangement with another agency or organization.

    Partial extended survey means a survey that evaluates additional 

participation requirements subsequent to finding substandard quality of 

care during an abbreviated standard survey.

    Skilled nursing facility (SNF) means a Medicare nursing facility.

    Standard survey means a periodic, resident-centered inspection which 

gathers information about the quality of service furnished in a facility 

to determine compliance with the requirements for participation.

    Substandard quality of care means one or more deficiencies related 

to participation requirements under Sec.  483.13, Resident behavior and 

facility practices, Sec.  483.15, Quality of life, or Sec.  483.25, 

Quality of care of this chapter, which constitute either immediate 

jeopardy to resident health or safety; a pattern of or widespread actual 

harm that is not immediate jeopardy; or a widespread potential for more 

than minimal harm, but less than immediate jeopardy, with no actual 

harm.

    Substantial compliance means a level of compliance with the 

requirements of participation such that any identified deficiencies pose 

no greater risk to resident health or safety than the potential for 

causing minimal harm.

    Validation survey means a survey conducted by the Secretary within 2 

months following a standard survey, abbreviated standard survey, partial 

extended survey, or extended survey for the purpose of monitoring State 

survey agency performance.



[59 FR 56238, Nov. 10, 1994, as amended at 68 FR 55539, Sept. 26, 2003]