42 CFR 488.320 - Sanctions for inadequate survey performance.

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There is 1 rule appearing in the Federal Register for 42 CFR 488. View below or at eCFR (GPOAccess)
§ 488.320 Sanctions for inadequate survey performance.
(a) Annual assessment of survey performance. CMS assesses the performance of the State's survey and certification program annually.
(b) Sanctions for inadequate survey performance. When a State demonstrates inadequate survey performance, as specified in § 488.318, CMS notifies the survey agency of the inadequacy and takes action in accordance with paragraphs (c) and (d) of this section.
(c) Medicaid facilities.
(1) For a pattern of failure to identify deficiencies in Medicaid facilities, CMS—
(i) Reduces FFP, as specified in paragraph (e) of this section, and if appropriate;
(ii) Provides for training of survey teams.
(2) For other survey inadequacies in Medicaid facilities, CMS provides for training of survey teams.
(d) Medicare facilities. For all survey inadequacies in Medicare facilities, CMS—
(1) Requires that the State survey agency submit a plan of correction;
(2) Provides for training of survey teams;
(3) Provides technical assistance on scheduling and procedural policies;
(4) Provides CMS-directed scheduling; or
(5) Initiates action to terminate the agreement between the Secretary and the State under section 1864 of the Act, either in whole or in part.
(e) Reduction of FFP. In reducing FFP for inadequate survey performance, CMS uses the formula specified in section 1919(g)(3)(C) of the Act, that is 33 percent multiplied by a fraction—
(1) The numerator of which is equal to the total number of residents in the NFs that CMS found to be noncompliant during validation surveys for that quarter; and
(2) The denominator of which is equal to the total number of residents in the NFs in which CMS conducted validation surveys during that quarter.
(f) Appeal of FFP reduction. When a State is dissatisfied with CMS's determination to reduce FFP, the State may appeal the determination to the Departmental Appeals Board, using the procedures specified in 45 CFR part 16.

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.

  • 2014-05-12; vol. 79 # 91 - Monday, May 12, 2014
    1. 79 FR 27106 - Medicare and Medicaid Programs; Regulatory Provisions To Promote Program Efficiency, Transparency, and Burden Reduction; Part II
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      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services
      Final rule.
      These regulations are effective on July 11, 2014, with the exception of amendments to 42 CFR Part 483, which are effective May 12, 2014.
      42 CFR Parts 413, 416, 440, 442, 482, 483, 485, 486, 488, 491, and 493

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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.

  • 2014-05-15; vol. 79 # 94 - Thursday, May 15, 2014
    1. 79 FR 27978 - Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Proposed Fiscal Year 2015 Rates; Quality Reporting Requirements for Specific Providers; Reasonable Compensation Equivalents for Physician Services in Excluded Teaching Hospitals; Provider Administrative Appeals and Judicial Review; Enforcement Provisions for Organ Transplant Centers; and Electronic Health Record (EHR) Incentive Program
      GPO FDSys XML | Text
      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services
      Proposed rule.
      Comment Period: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. EDT on June 30, 2014.
      42 CFR Parts 405, 412, 413, 415, 422, 424, 485, and 488