[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: 42CFR488.332]



[Page 925-926]

 

                         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.  488.332  Investigation of complaints of violations and monitoring 



of compliance.



    (a) Investigation of complaints. (1) The State survey agency must 

establish procedures and maintain adequate staff to investigate 

complaints of violations of participation requirements.

    (2) The State survey agency takes appropriate precautions to protect 

a complainant's anonymity and privacy, if possible.

    (3) If arrangements have been made with other State components for 

investigation of complaints, the State must have a means of 

communicating information among appropriate entities, and the State 

survey agency retains responsibility for the investigation process.

    (4) If, after investigating a complaint, the State has reason to 

believe that an identifiable individual neglected or abused a resident, 

or misappropriated a resident's property, the



[[Page 926]]



State survey agency must act on the complaint in accordance with Sec.  

488.335.

    (b) On-site monitoring. The State survey agency conducts on-site 

monitoring on an as necessary basis when--

    (1) A facility is not in substantial compliance with the 

requirements and is in the process of correcting deficiencies;

    (2) A facility has corrected deficiencies and verification of 

continued substantial compliance is needed; or

    (3) The survey agency has reason to question the substantial 

compliance of the facility with a requirement of participation.

    (c) Composition of the investigative team. A State may use a 

specialized team, which may include an attorney, auditor and appropriate 

health professionals, to identify, survey, gather and preserve evidence, 

and administer remedies to noncompliant facilities.