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42 U.S.C 1302 and 1395hh.
53 FR 22859, June 17, 1988, unless otherwise noted.
59 FR 56238, Nov. 10, 1994, unless otherwise noted.
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(a) CMS considers survey performance to be inadequate if the State survey agency—
(1) Indicates a pattern of failure to—
(i) Identify deficiencies and the failure cannot be explained by changed conditions in the facility or other case specific factors;
(ii) Cite only valid deficiencies;
(iii) Conduct surveys in accordance with the requirements of this subpart; or
(iv) Use Federal standards, protocols, and the forms, methods and procedures specified by CMS in manual instructions; or
(2) Fails to identify an immediate jeopardy situation.
(b) Inadequate survey performance does not—
(1) Relieve a SNF or NF of its obligation to meet all requirements for program participation; or
(2) Invalidate adequately documented deficiencies.