Code of Federal Regulations Title 42. Public Health § 42.488.415 Temporary management

(1) Be qualified to oversee correction of deficiencies on the basis of experience and education, as determined by the State;

(2) Not have been found guilty of misconduct by any licensing board or professional society in any State;

(3) Have, or a member of his or her immediate family have, no financial ownership interest in the facility;  and

(4) Not currently serve or, within the past 2 years, have served as a member of the staff of the facility.

(1) Is paid directly by the facility while the temporary manager is assigned to that facility;  and

(2) Must be at least equivalent to the sum of the following—

(3) May exceed the amount specified in paragraph (c)(2) of this section if the State is otherwise unable to attract a qualified temporary manager.

(1) Termination of provider agreement. If a facility fails to relinquish authority to the temporary manager as described in this section, CMS will or the State must terminate the provider agreement in accordance with § 488.456.

(2) Failure to pay salary of temporary manager. A facility's failure to pay the salary of the temporary manager is considered a failure to relinquish authority to temporary management.