Element 4: When? (part 2)

 

For federal deficiencies, certification is allowed only if the agency "has submitted an acceptable PoC for achieving compliance within a reasonable period of time."

 

After a PoC is submitted, HHS makes the determination of the appropriateness of the PoC.

 

This "reasonable period of time" (to achieve compliance) is generally no longer than 60 calendar days. Of course, the correction date for a specific deficiency may be less or greater than 60 calendar days after the survey depending on the circumstances of the deficiency.

 

HHS will not routinely accept dates for correction for 60 calendar days when the deficiency can reasonably be corrected well before 60 calendar days. On the other hand, a provider may reasonably require more time than 60 calendar days to correct some deficiencies (e.g., those requiring construction or those that are clearly beyond the control of the provider). - State Operations Manual, 2728B

 

An agency must submit an acceptable PoC for each violation or deficiency no later than 10 days after its receipt of the official written notification of the survey findings (i.e., CMS-2567 and/or Form 3724) to the appropriate HHSC regional HCSSA program manager. - State Operations Manual, 2728B and 26 TAC §558.527(g)(3)

 

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