SECTION 310:675-15-3. Power and duties of temporary manager

(a)   The temporary manager shall have the power and duty to:

(1)   be oriented to the facility's conditions, including uncorrected deficiencies;

(2)   hire, terminate, or reassign staff;

(3)   obligate facility funds;

(4)   alter facility procedures;

(5)   manage the facility in order to correct deficiencies in the facility's operation;

(6)   assure health and safety of the facility's residents while corrections are being made;

(7)   oversee the facility's orderly closure, if necessary;

(8)   maintain confidentiality of facility information; and

(9)   Pay all usual and customary operating expenses incurred during the managership in an orderly business fashion.

(b)   A temporary manager shall not:

(1)   Commingle the funds of one facility with the funds of another;

(2)   Loan the funds derived from the operation of the facility;

(3)   Contract with any entity in which he has any ownership interest or in which he serves as an officer or director or in which a person related to him by blood or marriage has an ownership interest or in which the family member serves as an officer or director unless the Commissioner reviews and approves the contract as on common terms within the industry; or

(4)   Use a method of accounting other than the accrual method unless approved in advance in writing by the Commissioner. The temporary manager's use of any other accounting method not approved by the Commissioner is a material breach of the temporary manager's fiduciary duty.

(c)   The temporary manager shall report to the Commissioner on a monthly basis as specified in OAC 310:675-15-12. The report shall include at least the following:

(1)   Resident census and staffing levels at the facility during the last month;

(2)   A statement of income and expenses during the last month using the accrual method of accounting, unless the Commissioner approves the use of another accounting method;

(3)   A financial statement of the residents' trust funds;

(4)   A list of all persons provided to the facility by the temporary manager and, if any were not included in the original application, current information as required in OAC 310:675-15-1;

(5)   Any changes needed in the approved work plan; and

(6)   The specific number of hours the temporary manager and each person employed by the temporary manager was in the facility and a list of the services provided to the facility.

(d)   The temporary manager shall provide a preliminary work plan to the Department within 5 business days of assuming control of the facility and a final plan within 14 days. The Department shall review the plan and make any recommended changes at the first status conference.

(e)   The temporary manager shall contract with the owner of the building and the licensee in which the facility is being operated. Those contract(s) shall be presented at the first status conference. The Department shall have the opportunity to evaluate the contract and make suggestions. The Commissioner must approve or reject the contract by the second status conference.

(f)   If immediate jeopardy exists in the facility, the first status conference shall be conducted on or before the fourteenth day of control by the temporary manager.

(g)   In using the accrual method of accounting, the temporary manager shall recognize revenue in the period earned whether actually received or not. Additionally, the temporary manager shall recognize expenses when incurred and matched with the related revenue of the period, whether such expenses are actually paid or not.

[Source: Added at 13 Ok Reg 2511, eff 6-27-96; Amended at 19 Ok Reg 524, eff 1-3-02 (emergency); Amended at 19 Ok Reg 2099, eff 6-27-02; Amended at 20 Ok Reg 2399, eff 7-11-03]