[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: 42CFR488.308]



[Page 920-921]

 

                         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.  488.308  Survey frequency.



    (a) Basic period. The survey agency must conduct a standard survey 

of each SNF and NF not later than 15 months after the last day of the 

previous standard survey.

    (b) Statewide average interval. (1) The statewide average interval 

between standard surveys must be 12 months or less, computed in 

accordance with paragraph (d) of this section.

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

State survey agency's failure to ensure that the 12-month statewide 

average interval requirement is met. CMS's corrective action is in 

accordance with Sec.  488.320.

    (c) Other surveys. The survey agency may conduct a survey as 

frequently as necessary to--

    (1) Determine whether a facility complies with the participation 

requirements; and

    (2) Confirm that the facility has corrected deficiencies previously 

cited.

    (d) Computation of statewide average interval. The statewide average 

interval is computed at the end of each Federal fiscal year by comparing 

the last day of the most recent standard survey for each participating 

facility to the last day of each facility's previous standard survey.



[[Page 921]]



    (e) Special surveys. (1) The survey agency may conduct a standard or 

an abbreviated standard survey to determine whether certain changes have 

caused a decline in the quality of care furnished by a SNF or a NF, 

within 60 days of a change in the following:

    (i) Ownership;

    (ii) Entity responsible for management of a facility (management 

firm);

    (iii) Nursing home administrator; or

    (iv) Director of nursing.

    (2) The survey agency must review all complaint allegations and 

conduct a standard or an abbreviated standard survey to investigate 

complaints of violations of requirements by SNFs and NFs if its review 

of the allegation concludes that--

    (i) A deficiency in one or more of the requirements may have 

occurred; and

    (ii) Only a survey can determine whether a deficiency or 

deficiencies exist.

    (3) The survey agency does not conduct a survey if the complaint 

raises issues that are outside the purview of Federal participation 

requirements.