---
kind: "section"
citation: "42 C.F.R. § 488.332"
title: "42"
number: "488.332"
heading: "Investigation of complaints of violations and monitoring of compliance."
url: "https://uscodex.org/cfr/42/488.332"
---

# §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 State survey agency must act on the complaint in accordance with [§ 488.335](/cfr/42/488.335.md).
- (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.

## Notes

### Source

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

### Authority

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

### Source

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