Idaho Admin. Code r. 16.03.22.930

Current through September 2, 2024

Section 16.03.22.930 - ENFORCEMENT ACTION OF TEMPORARY MANAGEMENT

01.Need for Temporary Management. The Department may impose the action of temporary management in situations where there is a need to oversee operation of the facility and to ensure the health and safety of the facility's residents:

a. During an orderly transfer of residents of the facility to other facilities; or

b. Pending improvements to bring the facility into compliance with program requirements.

02.Notice of Temporary Management. The Department will give written notice to the facility of the imposition of temporary management.

03.Who May Serve as a Temporary Manager. The Department may appoint any person or organization that meets the following qualifications:

a. The temporary manager must not have any financial interest in the facility to be managed;

b. The temporary manager must not be related, within the first degree of kinship, to the facility's owner, manager, administrator, or other management principal;

c. The temporary manager must possess sufficient training, expertise, and experience in the operation of a facility as would be necessary to achieve the objectives of temporary management. If the temporary manager is to serve in a facility, the manager must possess an Residential Assisted Living Administrator's license; and

d. The temporary manager must not be an existing competitor of the facility who would gain an unfair competitive advantage by being appointed as temporary manager of the facility.

04.Powers and Duties of the Temporary Manager. The temporary manager has the authority to direct and oversee the management, and to hire and discharge any consultant or personnel, including the administrator of the facility. The temporary manager has the authority to direct the expenditure of the revenues of the facility in a reasonable and prudent manner, to oversee the continuation of the business and the care of the residents, to oversee and direct those acts necessary to accomplish the goals of the program requirements, and to direct and oversee regular accounting. When the facility fails or refuses to carry out the directions of the temporary manager, the Department may revoke the facility's license.

a. The temporary manager must observe the confidentiality of the operating policies, procedures, employment practices, financial information, and all similar business information of the facility, except that the temporary manager must make reports to the Department;

b. The temporary manager may be liable for gross, willful or wanton negligence, intentional acts of omissions, unexplained shortfalls in the facility's fund, and breaches of fiduciary duty;

c. The temporary manager does not have authority to cause or direct the facility, its owner, or administrator to incur debt, unless to bring the facility into compliance with these rules, or to enter into any contract with a duration beyond the term of the temporary management of the facility;

d. The temporary manager does not have authority to incur, without the permission of the owner, administrator, or the Department, capital expenditures in excess of two thousand dollars ($2,000), unless the capital expenditures are directly related to correcting the identified deficiencies;

e. The temporary manager does not have authority to cause or direct the facility to encumber its assets or receivables;

f. The temporary manager does not have authority to cause or direct a facility, which holds liability or casualty insurance coverage, to cancel or reduce its liability or casualty insurance coverage; and

g. The temporary manager does not have authority to cause or direct the sale of the facility, its assets or the premises on which it is located.

05.Responsibility for Payment of the Temporary Manager. All compensation and per diem costs of the temporary manager must be paid by the licensee.

06.Termination of Temporary Management. A temporary manager may be replaced under the following conditions:

a. The Department may require replacement of any temporary manager whose performance is deemed unsatisfactory by the Department. No formal procedure is required for such removal or replacement, but written notice of any action will be given to the facility.

b. A facility subject to temporary management may petition the Department for replacement of a temporary manager whose performance it considers unsatisfactory. The petition must include why the replacement of a temporary manager is necessary or appropriate.

Idaho Admin. Code r. 16.03.22.930

Effective July 1, 2024