Section 89633 - Temporary Manager Appointment(a) Once the Department has determined a need to appoint a temporary manager pursuant to Section 89600, the Department shall issue a notice to all temporary manager candidates on the list. The notice shall include the name of the facility, its location, the current occupancy of the facility, the number of nonambulatory residents, the number of bedridden residents unable to turn or reposition in bed, the number of residents on hospice, a list of deficiencies from inspection reports that have led to the need for a temporary manager, if the facility is in financial distress, the estimated duration of the appointment and the deadline for reply.(b) The temporary manager candidates that receive the notice as described in Section 89633(a) and are interested in being appointed as a temporary manager, shall reply on a completed and signed LIC 216TM, Temporary Manager Appointment Applicant Information form and agree to the following: (1) The temporary manager candidate is available to commit to the estimated duration of the appointment and acknowledges that the appointment shall be effective on the date of approval and shall continue for a period not to exceed 60 days from that date unless otherwise extended in accordance with Health and Safety Code section 1546.1(h)(2) or 1569.481(h)(2) at the discretion of the Department;(2) The temporary manager candidate is able to provide the number of hours that he or she is available to manage the facility on a weekly basis;(3) The temporary manager candidate meets all qualifications for appointment as a temporary manager at the identified facility, as required by Section 89667;(4) The temporary manager candidate does not have a financial ownership interest in the facility or its licensee nor has an immediate family member who has an interest in the facility or its licensee pursuant to the applicable Health and Safety Code section 1546.1(i)(3) or 1569.481(i)(3);(5) The temporary manager candidate does not currently serve, nor has served within the past two years, as a member of the staff of the facility pursuant to applicable Health and Safety Code section 1546.1(i)(4) or 1569.481(i)(4);(6) The temporary manager candidate will continue operation in order to bring the facility into compliance with the law;(7) The temporary manager candidate will provide to the Department the candidate's desired compensation if appointed.(c) The Department may request a curriculum vitae (CV) or resume and a copy of all current certifications and licenses from the temporary manager candidates who applied for the appointment.(d) The Department shall select one candidate from the list of qualified candidates that replied with the information required in Section 89633(b) and notify the temporary manager candidate via mail or electronic transmission when a candidate has been selected. The Department shall also notify candidates who are not selected. (1) The selected temporary manager candidate shall submit to the Department a completed and signed LIC 200TM, Temporary Manager Application for Provisional License form for a provisional license to operate the facility in accordance with Health and Safety Code section 1546.1(d)(1) or 1546.481(d)(1), and, if approved, the Department shall issue such provisional license to operate, to the selected temporary manager candidate.(2) The temporary manager's appointment shall be on an independent contractor basis.(e) The Department shall set forth, in a written contract with the selected temporary manager, the terms and conditions, budget, and responsibilities of the temporary management of the facility.(f) The effective date of the temporary manager appointment is the date of approval as provided on the provisional license. The temporary manager appointment begins on the effective date and shall continue for a period not to exceed 60 days unless otherwise extended.(g) The appointment of a temporary manager may be terminated earlier by any of the events listed in Health and Safety Code section 1546.1(e) or 1569.481(e).(h) The Department may rescind the appointment of a temporary manager and appoint a new temporary manager at any time the Department determines the temporary manager is not adhering to the conditions of the appointment.Cal. Code Regs. Tit. 22, § 89633
1. New section filed 8-22-2018 as an emergency; operative 8-22-2018 (Register 2018, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-19-2019 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-22-2018 order, including amendment of subsection (a), transmitted to OAL 2-19-2019 and filed 4-3-2019; amendments operative 4-3-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 14). Note: Authority cited: Sections 1530, 1546.1, 1569.30 and 1569.481, Health and Safety Code. Reference: Sections 1546.1, 1546.2, 1569.481 and 1569.482, Health and Safety Code.
1. New section filed 8-22-2018 as an emergency; operative 8-22-2018 (Register 2018, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-19-2019 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-22-2018 order, including amendment of subsection (a), transmitted to OAL 2-19-2019 and filed 4-3-2019; amendments operative 4/3/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 14).