42 CFR 488.318 : Public Health (Part 1 To Parts 1009-1099) — (§ 482.1 To Parts 1009-1099) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 482.1 To Parts 601-699) — Standards And Certification (§ 482.1 To § 498.103) — Survey, Certification, And Enforcement Procedures (§ 488.1 To § 488.865) — Survey And Certification Of Long-Term Care Facilities (§ 488.300 To § 488.335) — Inadequate survey performance.

4 Aug 2016

(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.

42 CFR 488.318