Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-3 - SANCTIONS FOR NURSING FACILITIES › Rule 350-3-.05 - Temporary Management

Current through Rules and Regulations filed through June 27, 2024
The Department shall impose the remedy of temporary management
				in situations where it finds that there is a need to oversee operation of the
				facility and to assure the health and safety of the facility's residents while
				there is an orderly closure of the facility or while improvements are made in
				order to bring the facility into compliance with all Program Requirements.
				Temporary management shall not be imposed unless other less intrusive remedies
				will not result in compliance, have failed to cause the facility to achieve
				compliance, or the Department has found that the facility's deficiency or
				deficiencies immediately jeopardize the health or safety of its
				residents.
(a) Recommendation for appointment of temporary management.
				Within ten (10) business days of its completion of a survey or complaint
				investigation, the State Survey Agency shall deliver to the Department its
				written recommendation for appointment of temporary management it, in the
				Agency's judgment, such appointment is necessary. The recommendation shall
				specify the grounds upon which it is based, including an assessment of the
				capability of the facility's current management to achieve and maintain
				compliance with all Program Requirements.
(b) The decision to appoint temporary management shall be made
				by a person, appointed by the Commissioner, who is not the surveyor or
				complaint investigator who discovered the deficiencies or made the
				recommendation for appointment.
(c) The Department shall give written notice to the facility of
				its appointment of temporary management within ten (10) business days of its
				receipt of a recommendation for appointment from the State Survey Agency,
				unless the Department determines that temporary management is not necessary.
				When the Department has determined that the facility's deficiency or
				deficiencies immediately jeopardize the health or safety of its residents, no
				Administrative Review shall be available and the provisions of Subsection
				 .09(2) shall apply.
(d) Who may serve. The Commissioner may appoint any person or
				organization which meets the following qualifications:
1. The temporary manager shall not have any pecuniary interest
				in or pre-existing fiduciary duty to the facility to be managed.
2. The manager must not be related, within the first degree of
				kinship, to the facility's owner, manager, administrator, or other management
				principal.
3. The manager must possess sufficient training, expertise, and
				experience in the operation of a nursing facility as would be necessary to
				achieve the objectives of temporary management. The manager must possess a
				Georgia nursing home administrator's license.
4. The 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.