Federal Mandates in Minnesota Rules Concerning Survey Inspections of Nursing Homes
Federal Mandates in Minnesota Rules Concerning Survey Inspections of Nursing Homes

Minnesota Rules on Federal Survey Rules for Nursing Homes

Pursuant to Minnesota Administrative Rule 144A.101, PROCEDURES FOR FEDERALLY REQUIRED SURVEY PROCESS.Subdivision 1., applicability. This section applies to survey certification and enforcement activities by the commissioner related to regular, expanded, or extended surveys under Code of Federal Regulations, title 42, part 488.

Subd. 2.Statement of deficiencies. The commissioner shall provide nursing facilities with draft statements of deficiencies at the time of the survey exit process and shall provide facilities with completed statements of deficiencies within 15 working days of the exit process.

Additional Information About Nursing Home Survey Inspection Process

Subd. 3.Surveyor notes. The commissioner, upon the request of a nursing facility, shall provide the facility with copies of formal surveyor notes taken during the survey, with the exception of interview forms, at the time of the exit conference or at the time the completed statement of deficiency is provided to the facility. The survey notes shall be redacted to protect the confidentiality of individuals providing information to the surveyors. A facility requesting formal surveyor notes must agree to pay the commissioner for the cost of copying and redacting.

Subd. 4.Posting of statements of deficiencies. The commissioner, when posting statements of a nursing facility’s deficiencies on the agency Web site, must include in the posting the facility’s response to the citations. The Web site must also include the dates upon which deficiencies are corrected and the date upon which a facility is considered to be in compliance with survey requirements. If deficiencies are under dispute, the commissioner must note this on the Web site using a method that clearly identifies for consumers which citations are under dispute.

Subd. 5.Survey revisits. The commissioner shall conduct survey revisits within 15 calendar days of the date by which corrections will be completed, as specified by the provider in its plan of correction, in cases where category 2 or category 3 remedies are in place. The commissioner may conduct survey revisits by telephone or written communications for facilities at which the highest scope and severity score for a violation was level E or lower.

Subd. 6.Family councils. Nursing facility family councils shall be interviewed as part of the survey process and invited to participate in the exit conference.

According to Medicare/Medicaid, CMS maintains oversight for compliance with the Medicare health and safety standards for laboratories, acute and continuing care providers (including hospitals, nursing homes, home health agencies (HHAs), end-stage renal disease (ESRD) facilities, hospices, and other facilities serving Medicare and Medicaid beneficiaries), and makes available to beneficiaries, providers/suppliers, researchers and State surveyors information about these activities.

The survey (inspection) for this determination is done on behalf of CMS by the individual State Survey Agencies. The functions the States perform for CMS under the agreements in Section 1864 of the Social Security Act (the Act) are referred to collectively as the certification process. This includes, but is not limited to:

Identifying Potential Participants – Payment for health services furnished in or by entities that meet stipulated requirements of the Act. Identification includes those laboratories seeking to participate in the CLIA program.

Conducting Investigations and Fact-Finding Surveys – Verifying how well the health care entities comply with the “conditions of participation” (CoPs) or requirements.  This is referred to as the “survey process.”

Certifying and Recertifying – Certifications are periodically sent to the appropriate Federal or State agencies regarding whether entities, including CLIA laboratories, are qualified to participate in the programs.

Explaining Requirements – Advising providers and suppliers, and potential providers and suppliers in regard to applicable Federal regulations to enable them to qualify for participation in the programs and to maintain standards of health care consistent with the CoPs and Conditions for Coverage (CfCs) requirements.

For the rest of Minnesota Statute 144A click here.

Nursing Home Abuse and Neglect Attorney Kenneth LaBore has decades of experience and handles the following types of elder abuse claims and others:

Fall injury / Injuries

Medication Errors



Physical Abuse

Infectious Disease

Sexual Abuse

Wandering & Elopement

Infectious Diseases (MRSA, C-Diff)

Elder Burn Injuries

Choking & Asphyxiation

Breathing Tube Care

Urinary Infections & Sepsis

Signs of Nursing Home Abuse

Violation of Resident Rights

Nursing Home Suspicions

Patient Lift Injuries and Other Improper Use of Medical Equipment

Wrongful Death

For a Free Consultation to obtain information on how to hold negligent wrongdoers accountable from an experienced elder abuse attorney contact Attorney Kenneth LaBore at 612-743-9048 or Toll Free at 1-888-452-6589, email: KLaBore@MNnursinghomeneglect.com.

Federal Required Survey Process for Nursing Homes
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