Section 488.404 - Factors to be considered in selecting remedies(a)Initial assessment. In order to select the appropriate remedy, if any, to apply to a facility with deficiencies, CMS and the State determine the seriousness of the deficiencies.(b)Determining seriousness of deficiencies. To determine the seriousness of the deficiency, CMS considers and the State must consider at least the following factors: (1) Whether a facility's deficiencies constitute-(i) No actual harm with a potential for minimal harm;(ii) No actual harm with a potential for more than minimal harm, but not immediate jeopardy;(iii) Actual harm that is not immediate jeopardy; or(iv) Immediate jeopardy to resident health or safety.(2) Whether the deficiencies- (ii) Constitute a pattern; or(c)Other factors which may be considered in choosing a remedy within a remedy category. Following the initial assessment, CMS and the State may consider other factors, which may include, but are not limited to the following:(1) The relationship of the one deficiency to other deficiencies resulting in noncompliance.(2) The facility's prior history of noncompliance in general and specifically with reference to the cited deficiencies.