State Operations Manual (Pub. 100-07), Ch. 5 § 5075.9

Maximum Time Frames Related to the Federal Onsite Investigation of Complaints/Incidents

Last amended: 2026Year: 2026Length: 452 wordsOfficial source
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.
State Operations Manual (Pub. 100-07), Ch. 5 § 5075.9: Maximum Time Frames Related to the Federal Onsite Investigation of Complaints/Incidents | Justis AI