---
kind: "section"
citation: "42 C.F.R. § 488.404"
title: "42"
number: "488.404"
heading: "Factors to be considered in selecting remedies."
url: "https://uscodex.org/cfr/42/488.404"
---

# §488.404. Factors to be considered in selecting remedies.

- (a) **Initial assessment.** In order to select the appropriate remedy, if any, to apply to a facility with deficiencies, CMS and the State determine the seriousness of the deficiencies.
- (b) **Determining seriousness of deficiencies.** To determine the seriousness of the deficiency, CMS considers and the State must consider at least the following factors:
  - (1) **Whether a facility's deficiencies constitute—**
    - (i) No actual harm with a potential for minimal harm;
    - (ii) No actual harm with a potential for more than minimal harm, but not immediate jeopardy;
    - (iii) Actual harm that is not immediate jeopardy; or
    - (iv) **Immediate jeopardy to resident health or safety.**
  - (2) **Whether the deficiencies—**
    - (i) Are isolated;
    - (ii) Constitute a pattern; or
    - (iii) **Are widespread.**
- (c) **Other factors which may be considered in choosing a remedy within a remedy category.** Following the initial assessment, CMS and the State may consider other factors, which may include, but are not limited to the following:
  - (1) **The relationship of the one deficiency to other deficiencies resulting in noncompliance.**
  - (2) The facility's prior history of noncompliance in general and specifically with reference to the cited deficiencies.

## Notes

### Source

Source: 59 FR 56243, 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.