Revision Notice 16-2; Effective October 5, 2016

This revision amends §97.2, Definitions, and §97.527, Post Survey Procedures.

The proposal of the amendments is to ensure consistency with Title 42, Code of Federal Regulations, Part 488, Subparts I and J.

The proposed amendments delete the definition of informal review of deficiencies (IRoD) and add a definition for informal dispute resolution (IDR). The amendments also change IRoD references to IDR throughout the section and ensure that IDR is available for condition-level deficiencies, violations, or both, cited by DADS against an agency as a result of a survey. Previously, IDR was available for all deficiencies. The proposed amendments ensure that IDR is available only for deficiencies that rise to the condition-level, which are any deficiencies that substantially limit a provider’s or supplier’s capacity to furnish adequate care or which adversely affect the health or safety of patients.

Additional amendments indicate that a request for IDR will not be granted if DADS cited the violation or deficiency at the agency’s immediately preceding survey and DADS has cited the violation or deficiency again, with no new findings.

The proposed amendments also make editorial changes for clarity and consistency.