§488.318. Inadequate survey performance.

42 C.F.R. § 488.318

(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.

Notes, amendments, and revision history

Source: 59 FR 56238, Nov. 10, 1994, unless otherwise noted.

Authority: 42 U.S.C 1302 and 1395hh.

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.