42 CFR § 488.1215 - Factors to be considered in selecting remedies.
---
identifier: "/us/cfr/t42/s488.1215"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 488.1215 - Factors to be considered in selecting remedies."
title_number: 42
title_name: "Public Health"
section_number: "488.1215"
section_name: "Factors to be considered in selecting remedies."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "488"
part_name: "SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C 1302 and 1395hh."
regulatory_source: "53 FR 22859, June 17, 1988, unless otherwise noted."
cfr_part: "488"
---
# 488.1215 Factors to be considered in selecting remedies.
CMS bases its choice of remedy or remedies 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 hospice program's overall compliance history and any history of repeat deficiencies at either the parent hospice program or any of its multiple locations.
(d) The extent to which the deficiencies are directly related to a failure to provide quality patient care.
(e) The extent to which the hospice program is part of a larger organization with performance problems.
(f) An indication of any system-wide failure to provide quality care.