State Operations Manual (Pub. 100-07), Ch. 5 § 5075.8
No Action Necessary (for Nursing Homes, Deemed and Non-
5075.8 - No Action Necessary (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 “No Action Necessary” priority if the SA or CMS location determines
with certainty that no further investigation, analysis, or action is necessary.
For example, no action is necessary if the allegation is not related to any Federal COPs,
CFCs, conditions for certification, RFPs, or EMTALA requirement(s); or situations in which
a previous survey investigated the exact same event(s) and either did not find noncompliance,
or noncompliance was previously identified and subsequently corrected by the
provider/supplier.
This category would also be used for intakes concerning an event that occurred more than 12
months in the past, unless the SA (or the CMS location, in the case of a deemed status
provider/supplier) determines that a complaint investigation is nevertheless warranted.
Nursing Homes
The following are examples of reports that require no further action or investigation by
the SA/CMS location:
1) Facility-reported incidents that are not reportable events under Federal law or
regulations;
2) Facility-reported incidents involving lost items, which are found and no theft is
suspected; and
3) The alleged event occurred before the last standard survey and there is sufficient
evidence that the facility does not have continuing noncompliance since the last
standard survey.
NOTE: Sufficient evidence that the facility does not have continuing noncompliance may
be indicated by a recent survey that reviewed the concern, no additional complaints or
facility reported incidents have been received regarding the same issue, and interview
with the Long-term Care Ombudsman which reveal no concerns.