488.318—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.