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. § 488.11

State survey agency functions

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State and local agencies that have agreements under section 1864(a) of the Act perform the following functions:

(a) Survey and make recommendations regarding the issues listed in § 488.10.

(b) Conduct validation surveys of deemed status providers and suppliers as provided in § 488.9.

(c) Perform other surveys and carry out other appropriate activities and certify their findings to CMS.

(d) Make recommendations regarding the effective dates of provider agreements and supplier approvals in accordance with § 489.13 of this chapter.

[62 FR 43936, Aug. 18, 1997, as amended at 80 FR 29839, May 22, 2015]
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2006–2025 · leading case: United States v. Salina Regional Health Center, Inc.
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United States v. Salina Regional Health Center, Inc. (2006) ksd “42 C.F.R. § 488.11 authorizes the state survey agency to make determinations of compliance with the conditions *1088 of participation and the state agency then makes recommendations to CMS.”
Odhuno v. Reed's Cove Health & Rehab., LLC (2018) ksd “10 (a)(1) ; 42 C.F.R. § 488.11 (a). Id. § 488.11(a) and § 488.”
Greenbrier Nursing & Rehabilitation Center v. U.S. Department of Health & Human Services, Centers for Medicare & Medicai (2012) ca8 “42 C.F.R. § 488.11 . In Arkansas, these surveys are conducted by the Office of Long Term Care of the Arkansas Department of Health and Human Services.”
Matter of John E. Andrus Mem., Inc. v. Commissioner of Health of the N.Y. State Dept. of Health (2024) nyappdiv “Footnote 2: An SOD is a report prepared by DOH, or another administrative agency, that sets forth the participation requirements the facility has not met and a rating as to the severity of the deficiencies ( see 42 CFR 488.11; 488.325 [a]-[f]). Footnote 3: The severity of a…”
Matter of John E. Andrus Mem., Inc. v. Commissioner of Health of the N.Y. State Dept. of Health (2024) nyappdiv “Footnote 2: An SOD is a report prepared by DOH, or another administrative agency, that sets forth the participation requirements the facility has not met and a rating as to the severity of the deficiencies ( see 42 CFR 488.11; 488.325 [a]-[f]). Footnote 3: The severity of a…”
Avon Nursing and Rehabilitation v. Azar (2019) nysd “42 C.F.R. §§ 488.11 , 488.12. If necessary, the certification will include a “statement of deficiencies” and will identify the scope and severity of the deficiency.”
Connor v. Maryland Department of Health (2025) mdd “§ 1395aa(a); 42 C.F.R. § 488.11 . Specifically, MDH is required to conduct an annual survey of each Medicaid- and Medicare- participating nursing facility to certify compliance with federal standards for staffing, safety, and quality of care, 42 U.”
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