[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: 42CFR488.331]



[Page 925]

 

                         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.  488.331  Informal dispute resolution.



    (a) Opportunity to refute survey findings. (1) For non-Federal 

surveys, the State must offer a facility an informal opportunity, at the 

facility's request, to dispute survey findings upon the facility's 

receipt of the official statement of deficiencies.

    (2) For Federal surveys, CMS offers a facility an informal 

opportunity, at the facility's request, to dispute survey findings upon 

the facility's receipt of the official statement of deficiencies.

    (b)(1) Failure of the State or CMS, as appropriate, to complete 

informal dispute resolution timely cannot delay the effective date of 

any enforcement action against the facility.

    (2) A facility may not seek a delay of any enforcement action 

against it on the grounds that informal dispute resolution has not been 

completed before the effective date of the enforcement action.

    (c) If a provider is subsequently successful, during the informal 

dispute resolution process, at demonstrating that deficiencies should 

not have been cited, the deficiencies are removed from the statement of 

deficiencies and any enforcement actions imposed solely as a result of 

those cited deficiencies are rescinded.

    (d) Notification. Upon request, CMS does and the State must provide 

the facility with written notification of the informal dispute 

resolution process.