(a) The Department shall notify the licensee in writing, that pursuant to Health and Safety Code section 1546.1(j)(1) or 1569.481(j)(1), he or she may be responsible for the costs of the temporary manager and any other expenses in connection with the temporary management. Upon agreement between the Department and the licensee, the costs shall be paid directly by the facility while the temporary manager is assigned to that facility pursuant to Health and Safety Code section 1546.1(j)(1) or 1569.481(j)(1).(b) Failure of the licensee to pay the costs described in subsection (a) may result in the payment of the costs by the Department and may result in subsequent required reimbursement to the Department by the licensee pursuant to Health and Safety Code section 1546.1(j)(1) or 1569.481(j)(1). (1) With permission of the Department, the temporary manager may use his or her own funds for any direct costs as described in Health and Safety code section 1546.1(j)(2) or 1569.481(j)(2). These expenditures will be reimbursed by the Department pursuant to the written contract described in Section 89633(d). If the temporary manager uses his or her own funds, he or she shall provide the Department with the following: (A) Receipts or invoices of costs for which the temporary manager seeks to have reimbursed by the Department.(B) Documentary evidence that each expense is reasonably necessary for the operation of the facility.(c) If the licensee does not pay the costs described in subsection (a), the Department may take legal action to recoup the costs from the licensee in accordance with Health and Safety Code section 1546.1 or 1569.481.(d) The budget for the contract required in Section 89633(d) shall not exceed the sum of forty-nine thousand, nine hundred ninety-nine dollars ($49,999) unless approved by the Department. (1) Any projected expenditures in the budget must only be approved if the expenditures are necessary for the standard operation of the facility or necessary to support the facility improvement plan as required in Section 89637.(e) Any single contract for outside services in excess of five thousand dollars ($5,000) shall be approved by the Department pursuant to the applicable Health and Safety Code section 1546.1(k)(1)(C) or 1569.481(k)(1)(C).(f) Any single expenditure by the temporary manager in excess of five thousand dollars ($5,000) shall be approved by the Department pursuant to the applicable Health and Safety Code section 1546.1(k)(2) or 1569.481(k)(2).(g) The temporary manager shall not make capital improvements to the facility totaling in excess of five thousand dollars ($5,000) without the approval of the Department pursuant to the applicable Health and Safety Code section 1546.1(k)(3) or 1569.481(k)(3).(h) The responsibilities of the temporary manager may include, but are not limited, to the requirements established in Health and Safety Code section 1546.1(k) or 1569.481(k).Cal. Code Regs. Tit. 22, § 89662
1. New article 6 (sections 89662-89667) and 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 transmitted to OAL 2-19-2019 and filed 4-3-2019 (Register 2019, No. 14). Note: Authority cited: Sections 1530, 1546.1, 1569.30, 1569.48 and 1569.481, Health and Safety Code. Reference: Sections 1546.1 and 1569.481, Health and Safety Code.
1. New article 6 (sections 89662-89667) and 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 transmitted to OAL 2-19-2019 and filed 4/3/2019 (Register 2019, No. 14).