Regulations last checked for updates: May 02, 2025

Title 42 - Public Health last revised: Apr 15, 2025
§ 488.815 - Factors to be considered in selecting sanctions.

CMS bases its choice of sanction or sanctions on consideration of one or more factors that include, but are not limited to, the following:

(a) The extent to which the deficiencies pose immediate jeopardy to patient health and safety.

(b) The nature, incidence, manner, degree, and duration of the deficiencies or noncompliance.

(c) The presence of repeat deficiencies, the HHA's overall compliance history and any history of repeat deficiencies at either the parent or branch location.

(d) The extent to which the deficiencies are directly related to a failure to provide quality patient care.

(e) The extent to which the HHA is part of a larger organization with performance problems.

(f) An indication of any system-wide failure to provide quality care.

authority: 42 U.S.C 1302 and 1395hh
source: 53 FR 22859, June 17, 1988, unless otherwise noted.
cite as: 42 CFR 488.815