Current through all regulations passed and filed through December 16, 2024
(A)
The outgoing operator, incoming operator, and BE must
work collaboratively whenever a facility or site is to be transitioned to
ensure that disruptions in grantor service are minimized as much as
possible.
(B)
When a facility or site transition occurs, BE shall do
all of the following:
(1)
Schedule and notify the outgoing and the incoming
operator of the final date of operation for the outgoing operator, the
beginning date of operation for the incoming operator, and schedule a facility
or site transition date for all parties to be present;
(2)
Complete a
closing inspection on the facility or site transition date noting facility or
site condition and cleanliness. BE shall request the incoming and outgoing
operators sign the inspection;
(3)
Count all
remaining stock and supplies on hand that BE determines to be saleable and
usable for the location as well as perform its own equipment inventory to
ensure all BE purchased equipment is present, functional, and in good
condition; and
(4)
Assure that an inventory form of that day's count and
either a BOA or TBOA have been signed by the operator for the facility or site
on the day of the closing inventory.
(C)
When a facility
or site transition occurs, the operators shall do all of the following:
(1)
The outgoing and
incoming operator or their designee shall be present for the closing inventory
for stock and supplies on hand and equipment which must be signed by both
operators and the BE program;
(2)
The outgoing
operator shall relinquish the facility or site in a clean and operable
condition;
(3)
On the day of the closing inventory the outgoing
operator shall provide BE with a copy of the most recent receipts for the
current stock and supplies. If receipts are not provided, BE shall assign fair
market value to the closing inventory of stock and supplies;
(4)
Within one week
of the closing inventory the incoming operator may submit to BE a written
request of an itemized list of specific items not to be included in the value
of the opening inventory. BE shall have final determination of items to be
included or excluded for the value of the incoming operator's opening
inventory;
(5)
The outgoing operator shall submit the closing MOR to
BE within twenty four days of receipt of closing inventory documentation from
BE; and
(6)
The outgoing operator shall submit payment of the final
service charge, any outstanding inventory charges and any other charges within
thirty days of submission of the closing MOR.
(D)
Whenever BE must
take charge of a facility or site due to the suspension or termination of a
BGA, BOA or TBOA, BE may assume temporary custody of the cash on hand until
such time as outstanding set-aside fees and inventory adjustment charges due to
BE are resolved.
Replaces: 3304:1-21-07
