State Operations Manual (Pub. 100-07), Ch. 5 § 5460.3
Hospital Is Not in Compliance - Immediate Jeopardy to Patient
5460.3 - Hospital Is Not in Compliance - Immediate Jeopardy to Patient
Health and Safety
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
If the CMS location determines that the hospital is not in compliance and the violation
represents an immediate jeopardy to patient health and safety, the CMS location follows a
23 calendar-day termination process. The termination procedures in §3010 are followed.
Uncorrected deficiencies that resulted in a violation of 42 CFR 489.24 may pose an
immediate jeopardy to people seeking emergency care. The CMS location notifies the
complainant that the complaint was substantiated. It also informs the hospital in writing
of the specific violations via a preliminary determination letter, and sends the hospital a
copy of Form CMS-2567. The SA receives a copy of the letter through ACTS.