State Operations Manual (Pub. 100-07), Ch. 5 § 5075.4
Non-Immediate Jeopardy – Low Priority (for Nursing Homes
5075.4 - Non-Immediate Jeopardy – Low 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
Intakes are assigned a “low” priority if the alleged noncompliance with one or more
requirements may have caused no actual harm with a potential for minimal harm
(Severity Level 1). Please see Section 5075.9 for maximum time frames related to
Federal onsite investigation of complaints/incidents.
In addition, facility-reported incidents are assigned a “low” priority if the alleged
noncompliance with one or more requirements may have 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 provided a potentially adequate response
to the allegation.
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.
The SA reviews these intakes for tracking of possible trends in order to determine if there
are common themes that suggest areas for focused attention when the next on-site survey
occurs. If the SA identifies a trend that suggests similar concerns, the SA either
investigates the concerns during the next standard or complaint survey or initiates a
complaint survey.
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, Coverage or Certification may have caused physical,
mental and/or psychosocial discomfort that does not constitute injury or damage.
For non-deemed providers/suppliers, the SA reviews these intakes for tracking of
possible trends in the nature of complaints in order to determine if there are common
themes that suggest areas for focused attention when the next on-site survey occurs.
Individual investigations of each intake are not required, although the SA has the
discretion to conduct a complaint survey if trending suggests a number of similar
problems that might warrant an on-site investigation.
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 accreditation
organization(s)(AOs) in accordance with the provisions of section 5100.2.