Or. Admin. Code § 411-073-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-073-0100 - Temporary Management

(1) When Imposed. The Division may appoint a temporary manager to oversee facility operation:

(a) When there is one or more deficiencies constituting an immediate jeopardy or when there are widespread deficiencies constituting actual harm; or

(b) In any other situation under which a category 3 remedy is required or optional in Exhibit 1.

(2) Required Action.

(a) Manager Authority/Responsibility. A temporary manager shall have authority to hire, terminate or reassign staff; obligate facility funds; alter facility procedures; and manage the facility in a manner to correct deficiencies identified.

(b) Manager Qualifications. A temporary manager shall:

(A) Have experience and education needed to oversee the correction of deficiencies, as determined by the Division;

(B) Not have been found guilty of misconduct by the Board of Examiners of Nursing Home Administrators or any other professional society or licensing board;

(C) Not, nor a member of his/her immediate family, have any financial ownership interest in the facility; and

(D) Not be or have been an employee of the facility within the past two years.

(c) Payment of Salary. The temporary manager's salary:

(A) Is paid directly by the facility while the manager is assigned to the facility;

(B) Must be at least equivalent to the sum of the following:

(i) Prevailing salary paid by facilities for positions of this type in what the Division considers to be the facility's geographic area;

(ii) Additional costs that would have reasonably been incurred by the facility if such a person had been in an employment relationship; and

(iii) Any other costs incurred by such a person in furnishing services under such an arrangement or as otherwise set by the Division; and

(C) May exceed the amount provided for in paragraph (2)(c)(B) of this rule if the Division is otherwise not able to find a qualified temporary manager.

(d) Failure to Relinquish Control or Pay Manager. If the facility fails to relinquish control to a temporary manager or make timely payment of a manager's salary as determined by the Division, the Division shall terminate its Provider Agreement within 23 calendar days from the survey exit date or within seven days of the determination of failure to relinquish control, whichever is earlier. If immediate jeopardy is removed prior to termination of the Provider Agreement, as determined by the Division, the Division may withdraw termination action.

(e) Failure to Correct. If the temporary manager does not correct immediate jeopardy within 23 days of the survey exit date, the Provider Agreement shall be terminated.

Or. Admin. Code § 411-073-0100

SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070