Current through Register Vol. 50, No. 9, September 20, 2024
A. The
department may require the immediate appointment of a temporary manager, at the
facility's expense, to:
1. oversee the
operation of the facility; and
2.
ensure the health, safety, and welfare of the facility's resident(s),
patient(s), or client(s).
B. Temporary management may be imposed for
any violation of statute, rule or regulation including, but not limited to:
1. a violation of a rule or regulation that
creates a condition or occurrence relating to the maintenance and/or operation
of a facility which results in death or serious harm to the resident(s),
patient(s) or client(s);
2. a
violation of a rule or regulation in which a condition or occurrence relating
to the maintenance and/or operation of a facility is created and results in the
substantial probability of death, serious physical harm or mental harm to the
resident(s), patient(s) or client(s);
3. a repeat violation of a rule or regulation
in which a condition or occurrence relating to the maintenance and/or operation
of a facility creates a potential for harm by directly threatening the health,
safety, or welfare of the resident(s), patient(s), or client(s);
4. when there is a breakdown in the care and
services at a facility and the efforts of the facility have not been successful
in correcting the deficiencies;
5.
when a licensee or its management has abandoned its clients;
6. when a licensee or its management has
abandoned the facility which jeopardizes the health, safety and/or welfare of
the facility's clients; or
7. when
a facility is closing within 30 calendar days and the department has reasonable
cause to believe that inadequate arrangements have been made to relocate the
clients and may result in adverse effects to the clients.
C. This sanction shall be enforced and in
effect during the pendency of the facility's administrative reconsideration
and/or appeal.
D. Cost of Temporary
Management
1. The facility shall be
responsible for all costs of temporary management.
2. The department shall undertake any means
to recover the payment of temporary management including, but not limited to,
withholding or recouping from the facility's Medicaid reimbursement.
3. Failure to reimburse the department for
the cost of temporary management shall result in the facility's owners,
managers, officers, directors and administrator being prohibited from
operating, managing, directing or owning a licensed health care facility for a
period of two years from the latter of the date the sanction is lifted or the
date the sanction is upheld through the appeal process.
E. Powers and Duties of the Temporary Manager
1. The facility must provide the temporary
manager with sufficient power and duties to address, correct and/or ameliorate
the deficiencies that led to the imposition of the temporary management
sanction.
2. The temporary
manager's powers and duties are subject to the approval of the
department.
F.
Qualifications and Compensation of a Temporary Manager. The facility shall
appoint a temporary manager who is:
1.
qualified by education and experience to perform the duties required of the
temporary management;
2. subject to
the approval of the department; and
3. adequately compensated by the facility for
the performance of his/her duties as temporary manager.
G. The department may end the temporary
management of a facility when it determines that the facility is in compliance
with the laws, rules or regulations for a sufficient time period as determined
by the department.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2009.11, 40:2009.23, 40:2199 and
40:2199.1.
