Page:United States Statutes at Large Volume 101 Part 2.djvu/972

 101 STAT. 1330-178

PUBLIC LAW 100-203—DEC. 22, 1987 (2) or that a State's survey and certification performance otherwise is not adequate, the Secretary shall provide for an appropriate remedy, which may include the training of survey teams in the State. ^° "(D) SPECIAL SURVEYS OF COMPLIANCE.—Where the Secretary has reason to question the compliance of a skilled nursing facility with any of the requirements of subsections 03), (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 skilled nursing facility meets such requirements. "(4) INVESTIGATION OF COMPLAINTS AND MONITORING COMPLI-

ANCE.—Each State shall maintain procedures and adequate staff to— "(A) investigate complaints of violations of requirements by skilled nursing facilities, and "(B) monitor, on-site, on a regular, GS needed basis, a skilled 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 was 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 skilled nursing facilities. "(5) DISCLOSURE OF RESULTS OF INSPECTIONS AND ACTIVITIES.—

Reports.

"(A) PuBuc INFORMATION.—Each State, and the Secretary, shall make available to the public— "(i) information respecting all surveys and certifications made respecting skilled nursing facilities, including statements of deficiencies and plans of correction. "(ii) copies of cost reports of such facilities filed under this title or title XIX, "(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 skilled nursing facility in the State. "(C) NOTICE TO PHYSICIANS AND SKILLED NURSING FACILITY ADMINISTRATOR UCENSING BOARD.—If a State finds that a 'Copy read ""(C)".

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