State Operations Manual (Pub. 100-07), Ch. 5 § 5100.2
Initial Response to Complainant
5100.2 – Initial Response to Complainant
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
• If the SA concludes that a complaint represents a substantial allegation of
noncompliance (i.e., it is appropriately triaged as an IJ or non-IJ high), it requests
authorization in ACTS from the CMS location to conduct a survey. If the CMS
location authorizes a survey, the SA acknowledges receipt of the complaint by a letter
to the complainant, and advises that a SA investigation will be initiated. The
acknowledgment letter also advises that the complainant may also wish to file a
complaint with the applicable accrediting organization (AO), naming the AO and
attaching a current list of AOs and their contact information. This list may be found
at: https://www.cms.gov/Medicare/Provider-Enrollment-and-
Certification/SurveyCertificationGenInfo/Downloads/Accrediting-Organization-
Complaint-Contacts.pdf
• If the SA concludes that a complaint does not represent a substantial allegation of
noncompliance (i.e., it is appropriately triaged as non-IJ medium or low) the SA
sends the complainant a letter indicating that the complaint does not meet the criteria
for a Federal on-site investigation of an accredited health care facility. The letter also
advises the complainant which AO(s) accredit the provider/supplier for Medicare
participation purposes and provides the above AO contact information, should the
individual wish to pursue a complaint with the AO.
If the CMS location directly receives a complaint, it is responsible for sending the
complainant a letter which acknowledges the receipt of the complaint and advises the
complainant in the same manner as indicated above for complaints received by the SA.