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 E—Survey and Certification of Long-Term Care Facilities

42 C.F.R. § 488.305

Standard surveys

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(a) For each SNF and NF, the State survey agency must conduct standard surveys that include all of the following:

(1) A case-mix stratified sample of residents;

(2) A survey of the quality of care furnished, as measured by indicators of medical, nursing, and rehabilitative care, dietary and nutrition services, activities and social participation, and sanitation, infection control, and the physical environment;

(3) An audit of written plans of care and residents' assessments to determine the accuracy of such assessments and the adequacy of such plans of care; and

(4) A review of compliance with residents' rights requirements set forth in sections 1819(c) and 1919(c) of the Act.

(b) The State survey agency's failure to follow the procedures set forth in this section will not invalidate otherwise legitimate determinations that a facility's deficiencies exist.

Notes of Decisions
Cited in 7 cases, 1996–2012 · leading case: Jewish Home of E. PA v. Centers for Medicare & Medicaid Servs., 693 F.3d 359 (3d Cir. 2012).
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Jewish Home of E. PA v. Centers for Medicare & Medicaid Servs., 693 F.3d 359 (3d Cir. 2012). “See 42 C.F.R. § 488.305 . On December 9, 2005, the Pennsylvania Department of Health, acting on behalf of the Center for Medicare and Medicaid Services (“CMS”), conducted a survey of JHEP.”
Beverly Health & Rehab. Servs., Inc. v. Thompson, 223 F. Supp. 2d 73 (D.D.C. 2002). “The Secretary correctly interpreted this same language in 1994 when deciding to implement 42 C.F.R. § 488.305 (b), which states in relevant part, “[t]he State survey agency’s failure to follow the procedures set forth in this section will not invalidate otherwise legitimate…”
Sensitive Care, Inc. v. Texas Dep't of Human Servs., 926 S.W.2d 823 (Tex. App. 1996). “See 42 C.F.R. § 488.305 -.335 (1995); 40 TAC §§ 19.”
South Valley Health Care Ctr. v. Health Care Fin. Admin., 223 F.3d 1221 (10th Cir. 2000). “See 42 C.F.R. § 488.305 . After conducting a survey, the state certifies the compliance or noncompliance of the facility, subject to the approval of the Administration.”
Lakeridge Villa Health Care Ctr. v. Leavitt, 202 F. App'x 903 (6th Cir. 2006). “42 C.F.R. § 488.305 . Deficiencies identified during such surveys subject the facility to a range of enforcement actions, including the imposition of a CMP of up to $10,000 per day of violation, depending on the seriousness of the offense.”
Jewish Home of E. PA v. Centers for Medicare & Medicaid Servs., 413 F. App'x 532 (3d Cir. 2011). “See 42 C.F.R. § 488.305 . On December 9, 2005, the Pennsylvania Department of Health, acting on behalf of the Center for Medicare and Medicaid Services (“CMS”), conducted a survey of JHEP.”
Sensitive Care, Inc. D/B/A HEB Nursing Ctr. v. Texas Dep't of Human Servs. (Tex. App. 1996). “See 42 C.F.R. § 488.305 -.335 (1995); 40 TAC §§ 19.”
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