Page:United States Statutes at Large Volume 101 Part 2.djvu/1005

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-211

facilities which were found pursuant to such surveys to be not in compliance with any of the requirements of subsections (b), (c), and (d). A State that is dissatisfied with the Secretary's findings under this subparagraph may obtain reconsideration and review of the findings under section 1116 in the same manner as a State may seek reconsideration and review under that section of the Secretary's determination under section 1116(a)(l). "(C) SPECIAL SURVEYS OF COMPUANCE.—Where the Secretary has reason to question the compliance of a nursing facility with any of the requirements of subsections (b), (c), and (d), the Secretary may conduct a survey of the facility and, on that basis, make independent and binding determinations concerning the extent to which the nursing facility meets such requirements. "(4) INVESTIGATION OF COMPLAINTS AND MONITORING NURSING

FACiuTY COMPUANCE.—Each State shall maintain procedures and adequate staff to— "(A) investigate complaints of violations of requirements by nursing facilities, and "(B) monitor, on-site, on a regular, as needed basis, a nursing facility's compliance with the requirements of subsections (b), (c), and (d), if^ "(i) the facility has been found not to be in compliance with such requirements and is in the process of correcting deficiencies to achieve such compliance; "(ii) the facility WEIS previously found not to be in compliance with such requirements, has corrected deficiencies to achieve such compliance, and verification of continued compliance is indicated; or "(iii) the State has reason to question the compliance of the facility with such requirements. A State may maintain and utilize a specialized team (including an attorney, an auditor, and appropriate health care professionals) for the purpose of identifying, surveying, gathering and preserving evidence, and carrying out appropriate enforcement actions against chronically substandard nursing facilities. "(5) DISCLOSURE OF RESULTS OF INSPECTIONS AND ACTIVITIES.—

"(A) PuBuc INFORMATION.—Each State, and the Secretary, shall make available to the public— "(i) information respecting all surveys and certifications made respecting nursing facilities, including statements of deficiencies and plans of correction, "(ii) copies of cost reports of such facilities filed under this title or under title XVIII, "(iii) copies of statements of ownership under section 1124, and "(iv) information disclosed under section 1126. "(B) NOTICE TO OMBUDSMAN.— Each State shall notify the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) of the State's findings of noncompliance with any of the requirements of subsections (b), (c), and (d), with respect to a nursing facility in the State. "(C) NOTICE TO PHYSICIANS AND NURSING FACILITY ADMINISTRATOR UCENSING BOARD.—If a State finds that a

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