Inadequate survey performance.

  1. Law
  2. CFR 42
  3. Public Health
  4. Centers for Medicare & Medicaid Services, Department of Health and Human Services
  5. Standards and Certification
  6. Survey, Certification, and Enforcement Procedures
  7. Survey and Certification of Long-Term Care Facilities
  8. Inadequate survey performance.

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§ 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.


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