State Operations Manual (Pub. 100-07), Ch. 7 § 7202.2.1
Prima Facie Conflicts of Interest
7202.2.1 - Prima Facie Conflicts of Interest
(Rev. 244; Issued: 06-26-26; Effective: 06-26-26; Implementation: 06-26-26)
Under 42 CFR 488.314(a)(4), any of the following circumstances disqualifies a surveyor
for surveying a particular skilled nursing facility or nursing facility:
a. The surveyor currently works, or, within the past 2 years, has worked as an
employee, as employment agency staff at the facility, or as an officer, consultant,
or agent for the facility to be surveyed;
b. The surveyor has any financial interest or any ownership interest in the facility.
(Indirect ownership, such as through a broad based mutual fund, does not
constitute financial or ownership interest for purposes of this restriction.);
c. The surveyor has an immediate family member who has a relationship with a
facility described in §7202. An immediate family member is defined in
42 CFR 488.301; or. An immediate family member is defined in
42 CFR 488.301; or
d. The surveyor has an immediate family member who is a resident in the facility.