[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: 42CFR488.307]



[Page 920]

 

                         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.  488.307  Unannounced surveys.



    (a) Basic rule. All standard surveys must be unannounced.

    (b) Review of survey agency's scheduling and surveying procedures. 

(1) CMS reviews on an annual basis each State survey agency's scheduling 

and surveying procedures and practices to ensure that survey agencies 

avoid giving notice of a survey through the scheduling procedures and 

the conduct of the surveys.

    (2) CMS takes corrective action in accordance with the nature and 

complexity of the problem when survey agencies are found to have 

notified a SNF or NF through their scheduling or procedural policies. 

Sanctions for inadequate survey performance are in accordance with Sec.  

488.320.

    (c) Civil money penalties. An individual who notifies a SNF or NF, 

or causes a SNF or NF to be notified, of the time or date on which a 

standard survey is scheduled to be conducted is subject to a Federal 

civil money penalty not to exceed $2,000.