---
kind: "section"
citation: "42 C.F.R. § 488.422"
title: "42"
number: "488.422"
heading: "State monitoring."
url: "https://uscodex.org/cfr/42/488.422"
---

# §488.422. State monitoring.

- (a) **A State monitor—**
  - (1) Oversees the correction of deficiencies specified by CMS or the State survey agency at the facility site and protects the facility's residents from harm;
  - (2) Is an employee or a contractor of the survey agency;
  - (3) Is identified by the State as an appropriate professional to monitor cited deficiencies;
  - (4) Is not an employee of the facility;
  - (5) Does not function as a consultant to the facility; and
  - (6) **Does not have an immediate family member who is a resident of the facility to be monitored.**
- (b) A State monitor must be used when a survey agency has cited a facility with substandard quality of care deficiencies on the last 3 consecutive standard surveys.
- (c) **State monitoring is discontinued when—**
  - (1) The facility has demonstrated that it is in substantial compliance with the requirements, and, if imposed for repeated instances of substandard quality of care, will remain in compliance for a period of time specified by CMS or the State; or
  - (2) **Termination procedures are completed.**

## Notes

### Amendments

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995]

### 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.

### Amendments

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995]