Referral – Immediate (for Nursing Homes, Deemed and Non-

5075.6 - Referral – Immediate (for Nursing Homes, 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) Intakes are assigned a “Referral – Immediate” priority if the nature and seriousness of a complaint/incident or State procedures requires the referral or reporting of this information for investigation to another agency, board, or ESRD network without delay. For example, if a complaint has criminal implications and the complainant has not reported the incident to law enforcement, the SA must report the suspected crime to law enforcement immediately (NOTE: In such cases, the referral is recorded in the Contact/Refer tab under the iQIES intake). This priority may be assigned in addition to one of the priorities in sections 5075.1 through 5075.5. When the SA refers the complaint/incident to another agency or entity (e.g., law enforcement, Ombudsman, licensure agency, etc.) for action, the SA must request a written report on the results of the investigation by the outside entity. Referral to an outside entity does not relieve the SA of the responsibility to assess compliance with Federal conditions or requirements, when applicable. The timeframes for investigation are not altered by the referral. (Expressed requests by law enforcement that the SA defer an onsite investigation should be discussed with the CMS location, as appropriate.)