State Operations Manual (Pub. 100-07), Ch. 5 § 5075.3
Non-Immediate Jeopardy - Medium Priority (for Nursing
5075.3 - Non-Immediate Jeopardy - Medium Priority (for Nursing
Homes and Deemed and Non-Deemed Non-Long Term Care
Providers/Suppliers)
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
Nursing Homes:
Complaints are assigned a “medium” priority if the alleged noncompliance with one or
more requirements caused no actual physical and/or psychosocial harm but there is the
potential for more than minimal harm to the resident(s) (Severity Level 2). Facility-
reported incidents are assigned a “medium” priority if the alleged noncompliance with
one or more requirements caused no actual physical and/or psychosocial harm but there is
the potential for more than minimal harm to the resident(s) (Severity Level 2) and the
facility has not provided an adequate response to the allegation or it is not known whether
the facility provided an adequate response. Please see Section 5075.9 for maximum time
frames related to Federal onsite investigation of complaints/incidents.
NOTE: Please refer to Tag F610 in Appendix PP of the State Operations Manual for
surveyor guidance 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 one or more standards
within a Condition of Participation, Condition for Coverage or Condition for Certification
is limited in manner and degree and/or caused, or may cause, harm that is of limited
consequence and does not impair the individual’s mental, physical and/or psychosocial
status or function. In other words, the incident or complaint, if found to be true and
uncorrected, would not result in a determination of substantial non-compliance, i.e., there
would not be any condition-level deficiency.
For non-deemed providers/suppliers, intakes assigned this priority are scheduled in
accordance with section 5075.9 for investigation no later than when the next on-site
survey occurs.
For deemed providers/suppliers, the SA (or CMS location, if the CMS location
handled the intake) advises the complainant that the allegation does not meet the
criteria for a Federal investigation and refers the complainant to the applicable
accrediting organization(s)(AOs) in accordance with the provisions of section 5100.2.