C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES › Subpart A—General Provisions

42 C.F.R. § 488.10

State survey agency review: Statutory provisions

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(a) Section 1864(a) of the Act requires the Secretary to enter into an agreement with any State that is able and willing to do so, under which appropriate State or local survey agencies will determine whether:

(1) Providers or prospective providers meet the Medicare conditions of participation or requirements (for SNFs and NFs);

(2) Suppliers meet the conditions for coverage; and

(3) Rural health clinics meet the conditions of certification.

(b) Section 1865(a) of the Act provides that if an institution is accredited by a national accrediting organization recognized by the Secretary, it may be deemed to have met the applicable conditions or requirements.

(c) Section 1864(c) of the Act authorizes the Secretary to enter into agreements with state survey agencies for the purpose of conducting validation surveys in institutions accredited by an accreditation program recognized by the Secretary.

(d) Section 1865(c) provides that an accredited institution that is found after a validation survey to have significant deficiencies related to health and safety of patients will no longer meet the applicable conditions or requirements.

[53 FR 22859, June 17, 1988, as amended at 56 FR 48879, Sept. 26, 1991; 58 FR 61842, Nov. 23, 1993; 62 FR 46037, Aug. 29, 1997; 80 FR 29839, May 22, 2015]
Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1993–2023 · leading case: Rackley v. Fairview Care Centers, Inc., 2001 UT 32 (Utah 2001).
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Rackley v. Fairview Care Centers, Inc., 2001 UT 32 (Utah 2001). · cites it 3× “Code R482-150-4 and 42 C.F.R. § 488.10 %23 Next, plaintiff contends that 42 U.”
Pervaiz Chaudhry v. Tomas Aragon, 68 F.4th 1161 (9th Cir. 2023). “See 42 C.F.R. § 488.10 (a)(1), (c). As part of these hospital surveys, CDPH surveyors document assessed violations, otherwise known as “deficiencies,” which are ultimately presented to the surveyed facility in a “Statement of Deficiencies.”
Wilkes & Mchugh, P.A. v. LTC Consulting, L.P., 830 S.E.2d 119 (Ga. 2019). “See 42 CFR §§ 488.10 (a), 488.308 (a). After a survey of a nursing home, the surveyors send the nursing home an official "Statement of Deficiencies," or SOD, and the nursing home must then submit to the Department a "Plan of Correction," or POC.”
Schneller v. Crozer Chester Med. Ctr., 387 F. App'x 289 (3rd Cir. 2010). “C. § 871 . There is no basis for civil liability arising out of this statute.”
Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007). “Pursuant to 42 C.F.R. § 488.10 the nursing home had an obligation and a duty to assure that resident’s [sic] rights are followed and to assure that each residence [sic] has a dignified existence and the right to exercise his or her rights as a resident and as a citizen of the…”
United States Ex Rel. Ortega v. Columbia Healthcare, Inc., 240 F. Supp. 2d 8 (D.D.C. 2003). “6 , states, 42 C.F.R. § 488.10 , and JCAHO and the American Osteopathic Association, 42 C.”
Blue v. Koren, 72 F.3d 1075 (2d Cir. 1995). “See 42 C.F.R. § 488.10 ; 53 Fed.Reg. 22850, 22956 (June 17, 1988).”
Mimiya Hosp., Inc. SNF v. United States Dep't of Health & Human Servs., 331 F.3d 178 (1st Cir. 2003). “§ 1395aa; 42 C.F.R. §§ 488.10 (a)(1), 488.26(c)(1).”
Claiborne-hughes Health Ctr. v. Sebelius, 609 F.3d 839 (6th Cir. 2010). “42 C.F.R. § 488.10 . During the surveys, the state agency records any noncompliance that it discovers and notes its severity.”
Evelyn v. v. Kings Cnty. Hosp. Ctr., 819 F. Supp. 183 (E.D.N.Y 1993). “42 C.F.R. §§ 488.10 (a)(1), 488.26(b)(3) (1992).”
Odhuno v. Reed's Cove Health & Rehab., LLC, 355 F. Supp. 3d 1026 (D. Kan. 2018). “42 C.F.R. § 488.10 (a)(1) ; 42 C.F.R. § 488.”
Emerald Shores Health Care Assocs., LLC v. United States Dep't of Health & Human Servs., 545 F.3d 1292 (11th Cir. 2008). “§ 1395aa; 42 C.F.R. § 488.10 (a)(1). In Florida, the applicable state department is the Agency for Health Care Administration (“AHCA”).”
Show all 23 citing cases →
— 42 C.F.R. § 488.10(c)(1) — 1 case
Rackley v. Fairview Care Centers, Inc., 2001 UT 32 (Utah 2001). “Code R482-150-4 and 42 C.F.R. § 488.10 %23 Next, plaintiff contends that 42 U.”
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