Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 20 - ADMINISTRATION OF MEDICAL ASSISTANCE SERVICES › Part VI - Nursing Facility Enforcement › Section 12VAC30-20-252 - Temporary management

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Temporary management in cases of immediate jeopardy. In accordance with
				  42 CFR
				  488.408(1995) and
				  42 CFR
				  488.410(1995), the
				  Commonwealth shall (i) impose temporary management on the nursing facility;
				  (ii) terminate the nursing facility's provider agreement; or (iii) impose both
				  of these remedies when there are one or more deficiencies that constitute
				  immediate jeopardy to resident health or safety. For purposes of this section,
				  temporary management shall mean the temporary appointment by HCFA or the
				  Commonwealth of a substitute facility manager or administrator with authority
				  to hire, terminate, or reassign staff, obligate nursing facility funds, alter
				  nursing facility procedures, and manage the nursing facility to correct
				  deficiencies identified in the nursing facility's operation. The individual
				  appointed as a temporary manager shall meet the qualifications of
				  42 CFR
				  488.415(b) (1995) and be
				  compensated in accordance with the requirements of
				  42 CFR
				  488.415(c) (1995). The
				  Commonwealth shall notify the facility that a temporary manager is being
				  appointed. In situations of immediate jeopardy, the Commonwealth shall also
				  have the authority to impose other remedies, as appropriate, in addition to
				  termination of the provider agreement and temporary management. In a nursing
				  facility or dually participating facility, if the Commonwealth finds that such
				  nursing facility's or facility's noncompliance poses immediate jeopardy to
				  resident health or safety, the Commonwealth shall notify HCFA of such
				  finding.
B. Temporary management in
				  situations of no immediate jeopardy. When there are widespread deficiencies
				  that constitute actual harm that is not immediate jeopardy, the Commonwealth
				  shall have the authority to impose temporary management in addition to the
				  remedies of denial of payment for new admissions or civil money penalties of
				  $50 to $3,000 per day.
C. Failure
				  to relinquish authority to temporary management.
1. Termination of provider agreement. If a
				  nursing facility fails to relinquish authority to the temporary manager, the
				  Commonwealth shall terminate the nursing facility's provider agreement within
				  23 calendar days of the last day of the survey if the immediate jeopardy is not
				  removed. If the facility fails to relinquish control to the temporary manager,
				  state monitoring may be imposed pending termination of the provider agreement.
				  If the facility relinquishes control to the temporary manager, the Commonwealth
				  must notify the facility that, unless it removes the immediate jeopardy, its
				  provider agreement shall be terminated within 23 calendar days of the last day
				  of the survey. A nursing facility's failure to pay the salary of the temporary
				  manager shall be considered a failure to relinquish authority to temporary
				  management.
2. Duration of
				  temporary management. Temporary management shall end when any of the conditions
				  specified in 42 CFR
				  488.454(c) (1995) are met.
				  For purposes of this section, substantial compliance shall mean a level of
				  compliance with the requirements of participation such that any identified
				  deficiencies pose no greater risk to resident health or safety than the
				  potential for causing minimal harm.