State Operations Manual (Pub. 100-07), Ch. 5 § 5075.5
Administrative Review/Offsite Investigation (for Nursing
5075.5 - Administrative Review/Offsite Investigation (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
The SA conducts the review/offsite investigation and may confirm the findings at the next
on-site survey.
Offsite investigations are rare and are not permitted unless approved in advance by
CMS. For example, if a complaint is received related to arbitration agreements,
prohibition on third party guarantee of payment, or prohibition on charges for services
covered under Medicaid, CMS may approve an offsite review of these or other documents
to assess compliance and cite noncompliance and require corrections, as necessary.
Non-long Term Care Providers/Suppliers
For non-long term care providers/suppliers, both deemed and non-deemed, administrative
review or offsite investigation is generally not permitted. Exceptions are usually limited
to the following types of cases:
• CMS location review of alleged noncompliance with provider agreement
requirements found in 42 CFR Part 489, such as:
• Alleged discrimination against Medicare beneficiaries, or
• Failure of a hospital to accept Medicare-like payment rates for treatment
provided to a patient referred by an Indian Health Service or tribal facility.
• CMS location review in the case of a CAH:
• Of a notice by the MAC of failure of a CAH to maintain an average annual
per patient length of stay not exceeding 96 hours, or
• Whether a relocating CAH or an existing hospital seeking to convert to CAH
status satisfies the CAH location requirements.
The CMS location documents in the provider/supplier file the results of such
administrative review or offsite investigation. Note: depending on CMS location
practice, such administrative review cases may or may not be entered into iQIES.