During a suspension of admissions pursuant to § 68-11-207, the commissioner shall appoint one (1) or more special monitors, if the deficiency
threatens serious bodily harm to the patients or residents of the facility. The commissioner may appoint a special monitor or monitors at any other time, if
the commissioner has reason to believe that deficiencies exist in a facility that
are detrimental to the direct care of the patients or residents. Whenever the appointment of monitors is utilized pursuant to this section, the commissioner
shall appoint a sufficient number of monitors to ensure their presence in the facility
for a minimum of twenty (20) hours per week. The monitors shall observe the operation of the facility, and shall submit written
reports periodically to the commissioner on the operation of the facility. Persons appointed as monitors shall be duly qualified to discharge their responsibilities. While employed as monitors, they shall represent the department with the power to
observe and review all of the facility's operation, with attention to those aspects
for which the suspension of admission was imposed. When appointment of a monitor or monitors is mandated by this section, the facility
shall be liable for the costs of the special monitors, until it has been determined
that the deficiencies have been corrected. No part of such costs for which a facility is liable shall be recoverable by the
facility, either directly or indirectly, from the medical assistance program administered
pursuant to title 71, chapter 5, part 1. The commissioner may retain a monitor in a facility after correction to evaluate
the facility's continued compliance, but it shall be at the expense of the department. The costs of such monitors shall be recoverable as follows:
(1) Deduction of the amount of such costs from amounts otherwise due from the state
to the facility and to remittance of such amounts to the department;
(2) Addition of such costs to the facility's licensing fee, the renewal of the facility's
license to be contingent upon the prior payment of such costs; or
(3) By suit of the department in the circuit or chancery court to recover such costs.
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