42 CFR 488.26 - Determining compliance.

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There are 2 Updates appearing in the Federal Register for 42 CFR 488. View below or at eCFR (GPOAccess)
§ 488.26 Determining compliance.
(a) Additional rules for certification of compliance for SNFs and NFs are set forth in § 488.330.
(b) The decision as to whether there is compliance with a particular requirement, condition of participation, or condition for coverage depends upon the manner and degree to which the provider or supplier satisfies the various standards within each condition. Evaluation of a provider's or supplier's performance against these standards enables the State survey agency to document the nature and extent of deficiencies, if any, with respect to a particular function, and to assess the need for improvement in relation to the prescribed conditions.
(c) The State survey agency must adhere to the following principles in determining compliance with participation requirements:
(1) The survey process is the means to assess compliance with Federal health, safety and quality standards;
(2) The survey process uses resident outcomes as the primary means to establish the compliance status of facilities. Specifically surveyors will directly observe the actual provision of care and services to residents, and the effects of that care, to assess whether the care provided meets the needs of individual residents;
(3) Surveyors are professionals who use their judgment, in concert with Federal forms and procedures, to determine compliance;
(4) Federal procedures are used by all surveyors to ensure uniform and consistent application and interpretation of Federal requirements;
(5) Federal forms are used by all surveyors to ensure proper recording of findings and to document the basis for the findings.
(d) The State survey agency must use the survey methods, procedures, and forms that are prescribed by CMS.
(e) The State survey agency must ensure that a facility's actual provision of care and services to residents and the effects of that care on residents are assessed in a systematic manner.
[59 FR 56237, Nov. 10, 1994]

Title 42 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 42.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-05; vol. 79 # 150 - Tuesday, August 5, 2014
    1. 79 FR 45628 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2015
      GPO FDSys XML | Text
      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services
      Final rule.
      Effective Date: This final rule is effective on October 1, 2014.
      42 CFR Part 488

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United States Code
Public Laws

Title 42 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR 488 after this date.

  • 2014-08-05; vol. 79 # 150 - Tuesday, August 5, 2014
    1. 79 FR 45628 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2015
      GPO FDSys XML | Text
      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services
      Final rule.
      Effective Date: This final rule is effective on October 1, 2014.
      42 CFR Part 488