State Operations Manual (Pub. 100-07), Ch. 5 § 5075.2
Non-Immediate Jeopardy - High Priority (for Nursing Homes
5075.2 - Non-Immediate Jeopardy - High Priority (for Nursing Homes
and Deemed and Non-Deemed Non-Long Term Care
Providers/Suppliers, and EMTALA)
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
Nursing Homes:
Intakes are assigned a “high” priority if the alleged noncompliance with one or more
requirements may have caused harm that negatively impacts the individual’s mental,
physical and/or psychosocial status and are of such consequence to the person’s well-
being that a rapid response by the SA is indicated. Usually, specific rather than general
information (such as: descriptive identifiers, individual names, date/time/location of
occurrence, description of harm, etc.) factors into the assignment of this level of priority.
Note: Please see Section 5075.9 for maximum time frames related to Federal onsite
investigation of complaints/incidents.
NOTE: Exhibit 22 provides additional guidance to distinguish between the priorities of
“immediate jeopardy” and “non-immediate jeopardy - high” for nursing home
complaints/incidents.
NOTE: Please refer to Tag F610 in Appendix PP of the State Operations Manual for
information related to facility responses to alleged violations, including facility
investigation, resident protection, and corrective actions.
Non-Long Term Care Providers/Suppliers
Intakes are assigned this priority if the alleged noncompliance with the applicable
Conditions of Participation, Coverage or Certification, or EMTALA requirements, if
found to be true and uncorrected, would not represent an IJ, but would result in a
determination of substantial noncompliance, i.e., at least one condition-level deficiency.
Intakes assigned this priority require an onsite survey to be initiated within 45 calendar
days after intake prioritization for non-deemed providers/suppliers, and within 45
calendar days after authorization of the investigation by the CMS location for deemed
status providers/suppliers. The CMS location has the discretion to request the onsite
survey be initiated in less than 45 calendar days.