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CMS Issues New Survey & Certification Letter

The Centers for Medicare and Medicaid Services (CMS) has issued S&C 17-41 to clarify the regulatory requirements for team composition for surveys conducted for investigating a complaint and to better align regulatory provisions for investigation of complaints with the statutory requirements found in sections 1819 and 1919 of the Social Security Act.

The regulatory changes clarify that only surveys conducted under sections 1819(g)(2) and 1919(g)(20) of the Act are subject to the requirement at section 488.314 that a survey team consist of an interdisciplinary team that must include a registered nurse. Also, complaint surveys and surveys related to on-site monitoring, including revisit surveys, are subject to the requirements of sections 1819(g)(4) and 1919(g)(4) of the Act and section 488.332, which allow the State Survey Agency or CMS to use a specialized investigative team that may include appropriate health care professionals as required to investigate the allegation or concern, but need not include a registered nurse.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832