State Operations Manual (Pub. 100-07), Ch. 3 § 3254
RO Actions Following Validation Survey
3254 - RO Actions Following Validation Survey
(Rev. 123, Issued: 10-03-14, Effective: 10-03-14, Implementation: 10-03-14)
Upon receipt of survey materials, the RO analyzes and considers the SA findings and
recommendations and determines whether it agrees with them. If the RO disagrees with
the SA’s findings or recommendations, it may require the SA to revise the Form CMS
2567 before it is issued to the provider or supplier. The RO takes necessary action to
make a compliance determination and notify the provider/supplier as soon as possible, in
the case of an immediate jeopardy, and within 30 calendar days for all other cases. The
RO inputs the information into ASPEN in a timely manner.
In the case of a representative sample validation survey only, once the survey report is
finalized the RO forwards to CO via the designated Sharepoint site a copy of the Form
CMS 2567 and the accompanying correspondence to the facility.
If the validation survey identifies substantial noncompliance, i.e., condition-level
deficiencies, the RO removes the provider’s or supplier’s deemed status. The
provider/supplier continues to be accredited by its accreditation organization and is still
permitted to participate in the Medicare/Medicaid programs while correcting the
deficiencies. However, until the provider/supplier either achieves substantial compliance
or its Medicare agreement is terminated, it is subject to the same requirements, survey
and enforcement procedures that are applied to non-accredited provider/suppliers found
out of compliance following a survey. The SA monitors the provider/supplier until it
reaches substantial compliance with all conditions or it is terminated from the Medicare
program, and where applicable, the Medicaid program.
3254A – Providers/Suppliers Found in Compliance Following
Validation Survey
(Rev. 123, Issued: 10-03-14, Effective: 10-03-14, Implementation: 10-03-14)
If the provider/supplier is in compliance with all Medicare Conditions, the RO notifies
the provider/supplier and sends a copy to the SA and the AO.
3254B - Providers/Suppliers Found Not In Compliance With One or
More Conditions Following Validation Survey and Noncompliance
Constitutes Immediate Jeopardy
(Rev. 123, Issued: 10-03-14, Effective: 10-03-14, Implementation: 10-03-14)
If the SA finds deficiencies that pose an immediate jeopardy to patient’s health and
safety, the SA immediately notifies the RO by phone and then forwards the survey packet
to the RO within two working days after the completion of the survey. If after the RO
review of the survey packet, the RO determines that there are deficiencies that pose
immediate jeopardy (IJ) to patient health and safety, the provider or supplier will be
placed on the 23-day termination track. See Chapter 5, section 5110.2 for detailed
procedures and timeframes for substantial allegation validation surveys.
In the case of a representative sample validation survey the RO removes the
provider’s/supplier’s deemed status and places it under SA survey jurisdiction. The
procedures and timelines in Chapter 5, Section 5110.4b apply.
3254C - Condition-level Deficiencies That Do Not Pose Immediate
Jeopardy
(Rev. 123, Issued: 10-03-14, Effective: 10-03-14, Implementation: 10-03-14)
If the SA determines, and the RO agrees, that the provider/supplier is out of compliance
with one or more Conditions, but the deficiencies do not pose immediate jeopardy to
patient health and safety, the SA and RO follow the procedures in Chapter 5, Section
5110.3 for substantial allegation validation surveys. For representative sample validation
surveys, the RO removes the provider’s/supplier’s deemed status and places it under SA
survey jurisdiction. The procedures and timelines in Chapter 5, Section 5110.4c apply.
3254E - Plans of Correction
(Rev. 123, Issued: 10-03-14, Effective: 10-03-14, Implementation: 10-03-14)
See §2728B for discussion of the requirements for an acceptable PoC, as well as the
options available to the provider/supplier.
See Chapter 5, Sections 5100 – 5110 for information on when the RO must review an SA
recommendation on whether or not a PoC is acceptable and when the RO must send a
notice to the provider/supplier with a copy to the applicable AO(s).
3254F - Termination
(Rev. 1, 05-21-04)
The CMS will terminate a provider/supplier if it does not submit an acceptable PoC, or if
after a reasonable period of time, it does not correct the Conditions that have been
determined to be noncompliant. The RO obtains copies from the SA of the latest survey
material before proceeding with termination procedures.
3254G - Compliance with All Conditions After Correction of
Deficiencies
(Rev. 1, 05-21-04)
When an accredited provider/supplier is determined to be in compliance with all
Conditions, the RO notifies the provider/supplier accordingly (and where applicable, the
SMA). The RO informs the SA, in writing, to cease monitoring activities. Revisits by
the SA are not authorized after an accredited provider/supplier has been notified that it is
back in compliance with all Medicare Conditions, and its deemed status is reinstated.