State Operations Manual (Pub. 100-07), Ch. 7 § 7304.3
Responsibilities of the State Survey Agency and the CMS
7304.3 - Responsibilities of the State Survey Agency and the CMS
Location when there is an Immediate Imposition of Federal Remedies
(Rev. 244; Issued: 06-26-26; Effective: 06-26-26; Implementation: 06-26-26)
When federal remedies are to be immediately imposed as outlined in §7304:
• Within five (5) business days after the last day of the current survey when any of
the criteria in §7304.1 is met the state agency must notify the CMS Location their
review and action; and,
• The CMS Location will review these cases within five (5) business days of receipt
from the state agency and decide if an immediate imposition of remedies is
appropriate.
Timeliness is important to ensure that remedies are imposed, and notices are sent to the
facility before the effective dates of the remedies to be imposed and meet the timelines
for notices as outlined in §7305 of this chapter.
The state agency (State or Federal) must enter all of these cases as a NO opportunity to
correct into the iQIES within five (5) business days of sending the initial notice to the
facility. The State Agency and the CMS Location must have systems in place to
routinely check and monitor the iQIES database to identify cases that may require
enforcement action or additional follow-up, as needed.