---
kind: "section"
citation: "42 C.F.R. § 488.335"
title: "42"
number: "488.335"
heading: "Action on complaints of resident neglect and abuse, and misappropriation of resident property."
url: "https://uscodex.org/cfr/42/488.335"
---

# §488.335. Action on complaints of resident neglect and abuse, and misappropriation of resident property.

- (a) **Investigation.**
  - (1) The State must review all allegations of resident neglect and abuse, and misappropriation of resident property and follow procedures specified in [§ 488.332](/cfr/42/488.332.md).
  - (2) If there is reason to believe, either through oral or written evidence that an individual used by a facility to provide services to residents could have abused or neglected a resident or misappropriated a resident's property, the State must investigate the allegation.
  - (3) The State must have written procedures for the timely review and investigation of allegations of resident abuse and neglect, and misappropriation of resident property.
- (b) **Source of complaints.** The State must review all allegations regardless of the source.
- (c) **Notification—**
  - (1) **Individuals to be notified.** If the State makes a preliminary determination, based on oral or written evidence and its investigation, that the abuse, neglect or misappropriation of property occurred, it must notify in writing—
    - (i) The individuals implicated in the investigation; and
    - (ii) **The current administrator of the facility in which the incident occurred.**
  - (2) **Timing of the notice.** The State must notify the individuals specified in [paragraph (c)(1)](#c-1) of this section in writing within 10 working days of the State's investigation.
  - (3) **Contents of the notice.** The notice must include the—
    - (i) Nature of the allegation(s);
    - (ii) Date and time of the occurrence;
    - (iii) Right to a hearing;
    - (iv) Intent to report the substantiated findings in writing, once the individual has had the opportunity for a hearing, to the nurse aide registry or appropriate licensure authority;
    - (v) Fact that the individual's failure to request a hearing in writing within 30 days from the date of the notice will result in reporting the substantiated findings to the nurse aide registry or appropriate licensure authority.
    - (vi) Consequences of waiving the right to a hearing;
    - (vii) Consequences of a finding through the hearing process that the alleged resident abuse or neglect, or misappropriation of resident property did occur; and
    - (viii) Fact that the individual has the right to be represented by an attorney at the individual's own expense.
- (d) **Conduct of hearing.**
  - (1) The State must complete the hearing and the hearing record within 120 days from the day it receives the request for a hearing.
  - (2) The State must hold the hearing at a reasonable place and time convenient for the individual.
- (e) **Factors beyond the individual's control.** A State must not make a finding that an individual has neglected a resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual.
- (f) **Report of findings.** If the finding is that the individual has neglected or abused a resident or misappropriated resident property or if the individual waives the right to a hearing, the State must report the findings in writing within 10 working days to—
  - (1) The individual;
  - (2) The current administrator of the facility in which the incident occurred; and
  - (3) The administrator of the facility that currently employs the individual, if different than the facility in which the incident occurred;
  - (4) The licensing authority for individuals used by the facility other than nurse aides, if applicable; and
  - (5) **The nurse aide registry for nurse aides.** Only the State survey agency may report the findings to the nurse aide registry, and this must be done within 10 working days of the findings, in accordance with [§ 483.156(c)](/cfr/42/483.156.md?p=c) of this chapter. The State survey agency may not delegate this responsibility.
- (g) **Contents and retention of report of finding to the nurse aide registry.**
  - (1) The report of finding must include information in accordance with [§ 483.156(c)](/cfr/42/483.156.md?p=c) of this chapter.
  - (2) The survey agency must retain the information as specified in [paragraph (g)(1)](#g-1) of this section, in accordance with the procedures specified in [§ 483.156(c)](/cfr/42/483.156.md?p=c) of this chapter.
- (h) **Survey agency responsibility.**
  - (1) The survey agency must promptly review the results of all complaint investigations and determine whether or not a facility has violated any requirements in [part 483](/cfr/42/part483.md), [subpart B](/cfr/42/subpartB.md) of this chapter.
  - (2) If a facility is not in substantial compliance with the requirements in [part 483](/cfr/42/part483.md), [subpart B](/cfr/42/subpartB.md) of this chapter, the survey agency initiates appropriate actions, as specified in [subpart F](/cfr/42/subpartF.md) of this part.

## Notes

### Amendments

[59 FR 56238, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]

### 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.

### Amendments

[59 FR 56238, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]