Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 73 - NURSING FACILITIES/MEDICAID - REMEDIES
Section 411-073-0100 - Temporary Management
Universal Citation: OR Admin Rules 411-073-0100
Current through Register Vol. 63, No. 3, March 1, 2024
(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.
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.070
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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