Inadequate survey performance.

(a) CMS considers survey performance to be inadequate if the State survey agency— (1) Indicates a pattern of failure to— (i) Identify deficiencies and the failure cannot be explained by changed conditions in the facility or other case specific factors; (ii) Cite only valid deficiencies; (iii) Conduct surveys in accordance with the requirements of this subpart; or (iv) Use Federal standards, protocols, and the forms, methods and procedures specified by CMS in manual instructions; or (2) Fails to identify an immediate jeopardy situation. (b) Inadequate survey performance does not— (1) Relieve a SNF or NF of its obligation to meet all requirements for program participation; or (2) Invalidate adequately documented deficiencies.