State Operations Manual (Pub. 100-07), Ch. 5 § 5075.9
Maximum Time Frames Related to the Federal Onsite Investigation of Complaints/Incidents
5075.9 - Maximum Time Frames Related to the Federal Onsite Investigation of Complaints/Incidents
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
Intake Prioritization
Provider Type
Immediate Jeopardy (IJ)
Non-IJ High
Non-IJ Medium
Non-IJ Low
Nursing home
complaints
SA must initiate an onsite
survey within 3 business
days of receipt of the initial
report.
SA must initiate an
onsite survey within
an annual average of
15 business days of
receipt of the initial
report, not to exceed
18 business days.
SA must initiate an
onsite survey within
45 calendar days of
receipt of the initial
report.
SA must track/trend
for potential focus
areas during the next
onsite survey, or
initiate a new
complaint survey.
Nursing home
incidents
With inadequate resident
protection, SA must initiate
an onsite survey within 3
business days of receipt of
the initial report.
With potentially adequate
resident protection, SA
must initiate an onsite
survey within 7 business
days of receipt of the initial
report.
See Section 5310.2A.
SA must initiate an
onsite survey within
an annual average of
15 business days of
receipt of the initial
report, not to exceed
18 business days.
With an inadequate
facility response, SA
must initiate an onsite
survey within 45
calendar days of
receipt of the initial
report.
With a potentially
adequate facility
response, SA must
track/trend for
potential focus areas
during the next onsite
survey, or initiate a
new complaint
survey.
Non-deemed
non-long term
care
providers/suppli
ers
SA must initiate an onsite
survey within 2 business
days of receipt.
SA must initiate an
onsite survey within
45 calendar days of
prioritization
SA must investigate
no later than when the
next onsite survey
occurs
SA must track/trend
for potential focus
areas during the next
onsite survey.
Deemed
providers/suppli
ers
SA must initiate an onsite
survey within 2 business
days of receipt of CMS
location authorization
SA must initiate an
onsite survey within
45 calendar days of
receipt of CMS
location
authorization.
Complainant is
referred to the
applicable accrediting
organization(s)
Complainant is
referred to the
applicable accrediting
organization(s)
EMTALA
SA must initiate an onsite
survey within 2 business
days of receipt of CMS
location authorization.
SA must initiate an
onsite survey within
45 calendar days of
receipt of CMS
location authorization
N/A
N/A
Death associated
with
restraint/seclusio
n-Hospitals
SA must initiate an onsite
survey within 2 business
days of receipt of CMS
location authorization.
N/A
N/A
N/A
Fires resulting in
serious injury or
death
SA must initiate an onsite
survey within 2 business
days of receipt.
N/A
N/A
N/A
Investigating nursing home complaints and facility-reported incidents according to section 5075.9 will be implemented no later than
October 1, 2023, to provide time for the SAs to prepare given the resource constraints in the SAs.