Section 22-B3268. TEMPORARY MANAGERS AND MONITORS

 

3268.1If a facility is issued a restricted or provisional license, the Director may, if he or she determines it is appropriate, appoint a temporary manager or monitor in accordance with a mutually agreed upon timetable or until the facility is found to be in substantial compliance with licensing and applicable federal participation standards.

 

3268.2Except as provided in subsection 3266.4, the tenure of the temporary manager or monitor shall be concurrent with the provisional or restricted license, except that the temporary manager or monitor may be terminated when:

 

(a)A court determines the temporary manager or monitor is no longer necessary because the grounds on which the appointment was made no longer exist; or

 

(b)The facility is closing and all of its residents have been transferred or discharged.

 

3268.3The temporary manager or monitor may be extended beyond the date of expiration of the provisional or restricted license if the Director determines that the temporary manager or monitor is needed until the facility closes or until the Director takes additional enforcement action on behalf of the welfare of residents.

 

3268.4The Director shall not appoint as a temporary manager or monitor:

 

(a)An employee of a District government agency that licenses, operates, or provides a financial payment to any nursing facility licensed in the District of Columbia;

 

(b)A former employee of the facility unless agreed to by the facility;

 

(c)The owner, licensee, or administrator of the facility, or an affiliate of the owner, licensee, or administrator; or

 

(d)A parent, child, grandchild, spouse, domestic partner, sibling, first cousin, aunt, or uncle of one of the facility’s residents, whether the relationship arises by blood, marriage, domestic partnership, or adoption. For the purposes of this subparagraph, the term “domestic partner” shall have the same meaning as provided in D.C. Official Code § 32-701(3)(2010 Repl.), and the term “domestic partnership” shall have the same meaning as provided in D.C. Official Code § 32-701(4).

 

3268.5A temporary manager shall:

 

(a)Take charge of or oversee the operation and management of the facility;

 

(b)Give notice of the temporary management to the facility’s residents and employees, each resident’s representative, the Long-Term Care Ombudsman, and any other person whom the Director orders must receive notice;

 

(c)Exercise his or her powers to correct the conditions that prompted the need for temporary management; 

 

(d)Unless the facility is closing, take all steps necessary to achieve, maintain, or restore District licensure and federal Medicare/Medicaid certification;

 

(e)Preserve all property and records with which he or she is entrusted;

 

(f)Report to the Director at intervals to be determined by the Director as to the progress of the facility in reaching substantial compliance with licensing and federal certification standards; and

 

(g)Carry out any other duties established by the Director.

 

3268.6A monitor shall:

 

(a)Observe the operation of the facility;

 

(b)Advise the facility on how to comply with licensing and federal participation standards;

 

(c)Give notice of the monitor to the facility’s residents and employees, each resident's representative, the Long-Term Care Ombudsman, and any other person whom the Director orders must receive notice; and

 

(d)Report to the Director and the owner of the facility at intervals to be determined by the Director as to the progress of the facility in reaching substantial compliance with licensing and federal participation standards.

 

3268.7The temporary manager or monitor shall operate at the expense of the facility.

 

3268.8Appointment of a temporary manager or monitor shall commence by notice from the Director to the facility.  The notice shall include:

 

(a)A statement of the grounds for the action; and

 

(b)Notification that the facility may, within seven (7) business days after  the day written notice is received, file with the Office of Administrative Hearings a written request for an expedited hearing.  An expedited hearing shall be conducted within three (3) business days of a timely request.

 

3268.9A request for a hearing shall not serve to stay the appointment of the temporary manager or monitor.

 

authority

The Director of the Department of Health, pursuant to the authority set forth in section 5(a) of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48, D.C. Official Code § 44-504(a)(2011 Supp.)) (hereinafter the Act), and in accordance with Mayor’s Order 98-137, dated August 20, 1998,

source

Notice of Final Rulemaking published at 58 DCR 10619, 10625 (December 16, 2011).