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 F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies

42 C.F.R. § 488.410

Action when there is immediate jeopardy

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(a) If there is immediate jeopardy to resident health or safety, the State must (and CMS does) either terminate the provider agreement within 23 calendar days of the last date of the survey or appoint a temporary manager to remove the immediate jeopardy. The rules for appointment of a temporary manager in an immediate jeopardy situation are as follows:

(1) CMS does and the State must notify the facility that a temporary manager is being appointed.

(2) If the facility fails to relinquish control to the temporary manager, CMS does and the State must terminate the provider agreement within 23 calendar days of the last day of the survey, if the immediate jeopardy is not removed. In these cases, State monitoring may be imposed pending termination.

(3) If the facility relinquishes control to the temporary manager, the State must (and CMS does) notify the facility that, unless it removes the immediate jeopardy, its provider agreement will be terminated within 23 calendar days of the last day of the survey.

(4) CMS does and the State must terminate the provider agreement within 23 calendar days of the last day of survey if the immediate jeopardy has not been removed.

(b) CMS or the State may also impose other remedies, as appropriate.

(c)(1) In a NF or dually participating facility, if either CMS or the State finds that a facility's noncompliance poses immediate jeopardy to resident health or safety, CMS or the State must notify the other of such a finding.

(2) CMS will or the State must do one or both of the following:

(i) Take immediate action to remove the jeopardy and correct the noncompliance through temporary management.

(ii) Terminate the facility's participation under the State plan. If this is done, CMS will also terminate the facility's participation in Medicare if it is a dually participating facility.

(d) The State must provide for the safe and orderly transfer of residents when the facility is terminated.

(e) If the immediate jeopardy is also substandard quality of care, the State survey agency must notify attending physicians and the State board responsible for licensing the facility administrator of the finding of substandard quality of care, as specified in § 488.325(h).

[59 FR 56243, Nov. 10, 1994; 60 FR 50118, Sept. 28, 1995]
Notes of Decisions
Cited in 3 cases, 2003–2010 · leading case: Fleetwood Cmty. Home v. Bost, 110 S.W.3d 635 (Tex. App. 2003).
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Fleetwood Cmty. Home v. Bost, 110 S.W.3d 635 (Tex. App. 2003). “” See 42 C.F.R. § 488.410 (2003). Fleetwood argues that its Medicaid certification was terminated pursuant to this regulation; the State disputes this, claiming that section 488.”
Somerset Place, LLC v. Sebelius, 684 F. Supp. 2d 1037 (N.D. Ill. 2010). “The regulatory trigger for action upon a finding of immediate jeopardy is found at 42 C.F.R. § 488.410 . In pertinent part, the provision provides: “If there is immediate jeopardy to resident health or safety, the State must (and CMS does) either terminate the provider agreement…”
Fleetwood Cmty. Home v. Eric M. Bost, Comm'r, in His Off. Capacity & Texas Dep't of Human Servs. (Tex. App. 2003). “" 42 C.F.R. § 488.410 (a) (2003). If the court appoints a temporary manager, the state still "must terminate the provider agreement within 23 calendar days of the last day of survey if the immediate jeopardy has not been removed.”
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