Sec. 17b-358. (Formerly Sec. 17-134w). Temporary manager: Powers and duties. Regulations. Certification.
Sec. 17b-358. (Formerly Sec. 17-134w). Temporary manager: Powers and duties. Regulations. Certification. (a) Any temporary manager appointed pursuant to
section 17b-357, shall operate under the authority and supervision of the Department
of Social Services. A temporary manager shall have the same powers as a receiver
of a corporation under section 52-507, and shall exercise such powers to remedy the
conditions which constitute grounds for the imposition of the temporary manager, to
assure adequate health for the patients, and to preserve the assets and property of the
owner. If the temporary manager determines that the condition of the facility requires
that arrangements be made for the transfer of residents in order to assure their health
and safety, the temporary manager shall direct the facility's efforts in locating alternative
placements and in preparing discharge plans which meet the requirements of section 19a-535 and shall supervise the transportation of residents and such residents' belongings and
medical records to the places where such residents are being transferred or discharged.
A temporary manager shall not be liable for injury to person or property that is attributable to the conditions of such facility and shall only be liable for his acts or omissions
that constitute gross, wilful or wanton negligence. The Department of Social Services,
upon application by the temporary manager or the administrator of such facility, may
terminate the temporary manager if it finds that the condition of the facility no longer
warrants the appointment of a temporary manager. If the department denies an application for the termination of a temporary manager brought pursuant to this section, the
facility or the temporary manager may obtain review of such determination by a hearing
conducted pursuant to chapter 54, provided that the hearing is requested within fifteen
days of the provision of notice denying the application. Any temporary manager appointed by the Department of Social Services pursuant to section 17b-357 shall be paid
a reasonable fee for his services to be determined and to be paid by the department. The
facility shall be liable to the department for the cost of services of the temporary manager
appointed at such facility and the department may recover the cost thereof by setting
off such amount against the funds that would otherwise be paid to such facility for
services rendered to recipients of assistance under the Medicaid program. The Department of Social Services shall adopt regulations in accordance with the provisions of
chapter 54, as to the qualifications required for a temporary manager and the procedure
by which a temporary manager is selected for appointment.
(b) In order to participate in the Medicaid program and to receive payment on behalf
of patients assisted under said program, a nursing facility is required to be certified by
the Department of Public Health as being qualified to participate in said program by
meeting the requirements of Subsections (b), (c) and (d) of 42 USC 1396r and shall
execute a provider agreement with the Department of Social Services. In the event of
decertification of a nursing facility and the consequent termination or nonrenewal of a
Medicaid provider agreement with a facility, the Department of Social Services may
continue Medicaid payments on behalf of recipients of medical assistance for a phase-down period of thirty days, provided eligibility for continued Medicaid payments during
such thirty-day phase-down period shall be conditioned upon a determination by the
Department of Social Services that the facility has engaged in reasonable efforts to
transfer assisted patients to alternative facilities during such period. As a further condition of eligibility for continued Medicaid payments during such period, the facility shall
cooperate with any temporary manager appointed for such facility by the Department
of Social Services. Certification determinations as to whether a facility is qualified to
participate in the program shall be made by the Department of Public Health, subject
to the right of the Secretary of the United States Department of Health and Human
Services under federal law to make independent, binding determinations as to whether
the facility is certifiable under federal law.
(P.A. 89-348, S. 7, 10; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner
and department of income maintenance, effective July 1, 1993; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; Sec. 17-134w transferred to Sec. 17b-358 in
1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.