Section He-E 807.08 - Temporary Management(a) A temporary manager shall be appointed by the state medicaid agency when: (1) A NF's deficiencies constitute immediate jeopardy or widespread actual harm and a decision is made to impose an alternative remedy to termination; or(2) When a NF is found not in substantial compliance and temporary management is necessary to achieve and maintain compliance.(b) A temporary manager shall oversee correction of the NF's deficiencies and assure the health and safety of the residents while the corrections are being made.(c) In order for an individual to be appointed as a temporary manager, the individual shall: (1) Be a New Hampshire-licensed nursing facility administrator;(2) Have at least 2 year's previous experience as an administrator of a NF;(3) Not have been found guilty of misconduct by any licensing board or professional society in any state;(4) Not have, nor a member of his or her immediate family have, a financial or ownership interest in the facility;(5) Not currently serve, or, within the past 2 years, have served as a member of the staff of the facility;(6) Submit his/her name and verification that he/she meets the requirements of (1) - (5) above to the state medicaid agency; and(7) Request to be on the list of qualified temporary managers maintained by the state medicaid agency to be contacted for appointment as needed.(d) The state medicaid agency and the survey agency shall provide the appointed temporary manager with an orientation which includes;(1) A review of the NF's deficiencies which led to his/her appointment; and(2) The authority and responsibilities of the role of temporary manager.(e) In cases of immediate jeopardy, the survey agency shall notify the NF within 2 calendar days of the last date of the survey either by facsimile message, overnight express mail, or electronic mail: (1) Of the nature of the non-compliance;(2) That the remedy of temporary management is being imposed;(3) The effective date of the appointment of the temporary manager, which shall be no sooner than 2 calendar days after the notice is sent; and(4) The NF's right to appeal the finding of non-compliance and immediate jeopardy in accordance with He-E 807.13 and He-E 807.14.(f) For non-immediate jeopardy deficiencies, the survey agency shall notify the NF in writing: (1) Within 10 calendar days following the last date of the survey that a temporary manager shall be installed; and(2) The effective date of the installation of the temporary manager which shall be no sooner than 15 days from the date of the notice described in (1) above.(g) A formal, written enforcement notice, in immediate jeopardy situations, shall be sent by the state medicaid agency to the NF informing the NF: (1) Of the appointment of the temporary manager;(2) Of the NF's right to appeal the finding of non-compliance and immediate jeopardy;(3) Of the conditions of temporary management as described in (h) and (i) below;(4) Of the consequences of the NF's refusal to relinquish control to the temporary manager as described in He-E 807.08(k) ; and(5) That the NF shall obtain authorization from its governing body to give the temporary manager the responsibility of temporary management, as described in the definition of temporary management found in He-E 807.01, and agree to pay the temporary manager's salary.(h) The NF's management shall agree to relinquish control to the temporary manager and to pay his/her salary or be subject to termination action described in (k) below.(i) Pursuant to 42 CFR 488.415(c) , a temporary manager's salary shall: (1) Be paid directly by the facility while the temporary manager is assigned to the facility; and(2) Be at least equivalent to the sum of the following, subject to the limitations found in He-W 593.18 and He-W 593.19: a. The prevailing salary paid by providers for positions of this type within the county where the NF is located;b. Any additional costs that would have reasonably been incurred by the NF if the temporary manager had been in an employment relationship, such as, health benefits, office space, computer and telephone access, or other supplies; andc. Any other costs incurred by the temporary manager in furnishing services under this arrangement, such as travel and professional liability insurance.(j) The temporary manager's salary may exceed the amount described in (i) (2) above if the state medicaid agency is unable to acquire a qualified temporary manager otherwise.(k) If the facility fails to relinquish control to the temporary manager, then the state medicaid agency shall notify the NF in writing of the termination of the provider agreement within 23 calendar days of the last day of the survey in accordance with 42 CFR 488.456(b) (2) (i) .(l) The notice of the intent to terminate the provider agreement as described in (k) above shall be sent to the NF as follows: (1) At least 2 calendar days prior to the effective date of termination when a NF has immediate jeopardy deficiencies; and(2) At least 15 calendar days prior to the effective date of termination when a NF has non-immediate jeopardy deficiencies that constitute non-compliance.(m) Temporary management shall continue until a NF is terminated or achieves substantial compliance and is capable of maintaining substantial compliance pursuant to 42 CFR 488.454(c) .N.H. Code Admin. R. He-E 807.08