Facility Refuses to Allow Survey

2708 - Facility Refuses to Allow Survey (Rev. 1, 05-21-04) Court decisions, both Federal and State, hold that the acceptance of the Medicare or Medicaid agreement or State licensure is implied consent by the institution to permit authorized officials to make unannounced visits. Refusal of access can be a basis for termination of participation in Medicare or Medicaid. (See 42 CFR 489.53.) If access is refused, the SA surveyor documents the identity (name and title) of the individual refusing admission and the reason. The SA indicates what action the State intends to take in relation to licensure (if a licensure visit was involved), or in relation to Medicaid if a Medicaid-only provider/supplier. The SA submits this documentation immediately to the RO or the SMA, as appropriate. The SA calls to the attention of the provider/supplier that 42 CFR 1001.1301 permits the Office of Inspector General (OIG) to exclude a facility from the Medicare and Medicaid programs if, upon reasonable request, it fails to grant immediate access to CMS or the SA. The exclusion may be in effect up to a period equal to the sum of the length of the period during which immediate access was not granted plus an additional 90 days. The RO makes the referral to the OIG. (See §§1864(c) and 1128(b)(12) of the Act and 42 CFR 488.6(c) and 489.53(a)(4).)