§ 23-17-12.6 - Independent quality monitor, quality consultant and temporary manager.
SECTION 23-17-12.6
§ 23-17-12.6 Independent quality monitor,quality consultant and temporary manager. – (a) Under the authority granted to the director in § 23-1-21 and inaddition to any other statutory authority, whenever the director determinesthat there is a deficiency in a nursing facility that constitutes immediatejeopardy to health and safety of a resident or residents, the director may takethe following actions:
(1) Appoint an independent quality monitor, at the facility'sexpense, to conduct periodic inspections to assess the efforts made by thenursing facility to achieve compliance with state and federal regulationsgoverning nursing facilities that participate in the Medicare and medicalassistance programs and to report its findings to the director;
(2) Require the nursing facility to engage, at the facility'sexpense, an independent quality consultant to advise and assist the nursingfacility's management to achieve and maintain compliance with state and federalregulations governing nursing facilities that participate in the Medicare andmedical assistance programs and to develop and implement the nursing facility'squality improvement program; and/or
(3) Require the nursing facility to engage, at the facility'sexpense, a temporary manager to assist the nursing facility to achieve andmaintain compliance with state and federal regulations governing nursingfacilities that participate in the Medicare and medical assistance programs andto implement the nursing facility's quality improvement program.
(b) The appointment of a state quality monitor, and orderingthe facility to hire an independent quality consultant or temporary manager aresanctions that may be in addition to or in lieu of other sanctions imposed bythe state.
(c) Any state appointed quality monitor, or qualityconsultant or temporary manager hired by the nursing facility may not beemployees of the department.
(d) For purposes of this section, "temporary manager" meansany person, corporation, or other entity, as required to be hired by thedepartment to provide management services that assist the facility in thecorrection of deficiencies and financial difficulties identified in thefacility's operation.
(e) The director may require the hiring of a temporarymanager for a nursing facility when the director determines that a nursingfacility is:
(1) Experiencing severe financial difficulties which ifcontinued, present a substantial probability of financial insolvency; or
(2) A facility is operating in such a manner or conditionthat continued operation by the licensee, or his or her representative,presents a substantial probability of immediate jeopardy to the health orsafety of the residents.
(f) The qualifications of any quality consultant or temporarymanager as required under this section shall be approved by the department. Anyquality consultant or temporary manager hired by the nursing facility underthis section shall report on progress toward quality improvement to thedepartment in a manner and format determined by the director.