[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: 42CFR488.318]



[Page 922]

 

                         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.  488.318  Inadequate survey performance.



    (a) CMS considers survey performance to be inadequate if the State 

survey agency--

    (1) Indicates a pattern of failure to--

    (i) Identify deficiencies and the failure cannot be explained by 

changed conditions in the facility or other case specific factors;

    (ii) Cite only valid deficiencies;

    (iii) Conduct surveys in accordance with the requirements of this 

subpart; or

    (iv) Use Federal standards, protocols, and the forms, methods and 

procedures specified by CMS in manual instructions; or

    (2) Fails to identify an immediate jeopardy situation.

    (b) Inadequate survey performance does not--

    (1) Relieve a SNF or NF of its obligation to meet all requirements 

for program participation; or

    (2) Invalidate adequately documented deficiencies.