§ 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 in addition to any other statutory authority, whenever the director determines
that there is a deficiency in a nursing facility that constitutes immediate jeopardy
to health and safety of a resident or residents, the director may take the following
actions:
(1) Appoint an independent quality monitor, at the facility's expense, to conduct periodic
inspections to assess the efforts made by the nursing facility to achieve compliance
with state and federal regulations governing nursing facilities that participate in
the Medicare and medical assistance programs and to report its findings to the director;
(2) Require the nursing facility to engage, at the facility's expense, an independent
quality consultant to advise and assist the nursing facility's management to achieve
and maintain compliance with state and federal regulations governing nursing facilities
that participate in the Medicare and medical assistance programs and to develop and
implement the nursing facility's quality improvement program; and/or
(3) Require the nursing facility to engage, at the facility's expense, a temporary manager
to assist the nursing facility to achieve and maintain compliance with state and federal
regulations governing nursing facilities that participate in the Medicare and medical
assistance programs and to implement the nursing facility's quality improvement program.
(b) The appointment of a state quality monitor, and ordering the facility to hire an independent
quality consultant or temporary manager are sanctions that may be in addition to or
in lieu of other sanctions imposed by the state.
(c) Any state appointed quality monitor, or quality consultant or temporary manager hired
by the nursing facility may not be employees of the department.
(d) For purposes of this section, "temporary manager� means any person, corporation, or
other entity, as required to be hired by the department to provide management services
that assist the facility in the correction of deficiencies and financial difficulties
identified in the facility's operation.
(e) The director may require the hiring of a temporary manager for a nursing facility
when the director determines that a nursing facility is:
(1) Experiencing severe financial difficulties which if continued, present a substantial
probability of financial insolvency; or
(2) A facility is operating in such a manner or condition that continued operation by
the licensee, or his or her representative, presents a substantial probability of
immediate jeopardy to the health or safety of the residents.
(f) The qualifications of any quality consultant or temporary manager as required under
this section shall be approved by the department. Any quality consultant or temporary
manager hired by the nursing facility under this section shall report on progress
toward quality improvement to the department in a manner and format determined by
the director.