State Operations Manual (Pub. 100-07), Ch. 5 § 5080.1
Report to the Complainant
5080.1 - Report to the Complainant
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
The SA/CMS location provides the complainant a written report of the investigation
findings as a summary record of the investigation.
The following principles guide preparation of the report to the complainant:
• Acknowledge the complainant’s concern(s);
• Identify the SA’s regulatory authority to investigate the complaint/incident and
any statutory or regulatory limits that may bear on the authority to conduct an
investigation;
• Provide a summary of investigation methods (e.g., on-site visit, written
correspondence, telephone inquiries, etc.);
• Provide date(s) of investigation;
• Provide an explanation of your SA’s decision-making process (NOTE: CMS and
the SA should avoid using terms such as “substantiated” and “unsubstantiated”);
• Provide the complainant with information regarding whether or not
noncompliance was identified during the complaint investigation. (NOTE: To
the extent possible, the summary should not compromise the anonymity of
individuals, or include specific situations that may be used to identify individuals,
when anonymity has been requested or is appropriate in the judgment of the SA);
• Identify where the complainant may find the Statement of Deficiencies and Plan
of Correction (e.g., posted at the nursing home, Nursing Home Care Compare,
request the CMS-2567 from the SA);
• Describe how the complainant may request a copy of the investigation report,
subject to Federal and State disclosure requirements (e.g., see 42 CFR §488.325
and FOIA requirements at 45 CFR Part 5); and
• Identify appropriate referral information (i.e., other agencies that may be
involved).