Release of Form CMS-2567 (Statement of Deficiencies) by State Survey Agencies (SAs)

This memorandum reiterates current law and regulations and also guidance contained in Chapters 3 and 7 of the CMS State Operations Manual SOM that involve the release of the survey findings as reflected in the Statements of Deficiencies, commonly referred to as the 2567. Procedures for release of the Form CMS-2567 have not changed with the publication of 73 FR 53148, dated September 15, 2008 that amended 45 CFR Part 2 entitled "Testimony by Employees and the Production of Documents in Proceedings Where the United States Is Not a Party." More detailed information concerning the impact of this regulation will follow in the near future.