101 STAT. 1330-70
PUBLIC LAW 100-203—DEC. 22, 1987
"(c)(1) Any agreement entered into or renewed by the Secretary pursuant to section 1864 relating to home health agencies shall provide that the appropriate State or local agency shall conduct, without any prior notice, a standard survey of each home health agency. Any individual who notifies (or causes to be notified) a home health agency of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty of not to exceed $2,000. The Secretary shall provide for imposition of civil money penalties under this clause in a manner similar to that for the imposition of civil money penalties under section 1128A. The Secretary shall review each State's or local agency's procedures for scheduling and conduct of standard surveys to assure that the State or agency has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves. "(2)(A) Except as provided in subparagraph (B), each home health agency shall be subject to a standard survey not later than 15 months after the date of the previous standard survey conducted under this paragraph. The statewide-'^ average interval between standard surveys of any home health agency shall not exceed 12 months. "(B) If not otherwise conducted under subparagraph (A), a standard survey (or an abbreviated standard survey) of an agency— "(i) may be conducted within 2 months of any change of a ownership, administration, or management of the agency to determine whether the change has resulted in any decline in the quality of care furnished by the agency, and "(ii) shall be conducted within 2 months of when a significant number of complaints have been reported with respect to the agency to the Secretary, the State, the entity responsible for the
- . licensing of the agency, the State or local agency responsible for
maintaining a toll-free hotline and investigative unit (under section 1864(a)), or any other appropriate Federal, State, or local agency. "(C) A standard survey conducted under this paragraph with respect to a home health agency— "(i) shall include (to the extent practicable), for a case-mix stratified sample of individuals furnished items or services by 5; the agency— "(I) visits to the homes of such individuals, but only with the consent of such individuals, for the purpose of evaluat.ing (in accordance with a standardized reproducible assessment instrument (or instruments) approved by the Secretary under subsection (d)) the extent to which the quality and scope of items and services furnished by the agency '> attained and maintained the highest practicable functional capacity of each such individual as reflected in such individual's written plan of care required under section 1861(m) and clinical records required under section 1861(o)(3); and "(II) a survey of the quality of care and services furnished by the agency as measured by indicators of medical, nursing, and rehabilitative care; "(ii) shall be based upon a protocol that is developed, tested, and validated by the Secretary not later than January 1, 1989; and "(iii) shall be conducted by an individual— "• Copy read "Statewide".