42 CFR §488.332
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Investigation of complaints.
- (1)The State survey agency must establish procedures and maintain adequate staff to investigate complaints of violations of participation requirements.
- (2)The State survey agency takes appropriate precautions to protect a complainant's anonymity and privacy, if possible.
- (3)If arrangements have been made with other State components for investigation of complaints, the State must have a means of communicating information among appropriate entities, and the State survey agency retains responsibility for the investigation process.
- (4)If, after investigating a complaint, the State has reason to believe that an identifiable individual neglected or abused a resident, or misappropriated a resident's property, the State survey agency must act on the complaint in accordance with § 488.335.
- (b)On-site monitoring. The State survey agency conducts on-site monitoring on an as necessary basis when—
- (1)A facility is not in substantial compliance with the requirements and is in the process of correcting deficiencies;
- (2)A facility has corrected deficiencies and verification of continued substantial compliance is needed; or
- (3)The survey agency has reason to question the substantial compliance of the facility with a requirement of participation.
- (c)Composition of the investigative team. A State may use a specialized team, which may include an attorney, auditor and appropriate health professionals, to identify, survey, gather and preserve evidence, and administer remedies to noncompliant facilities.