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WAC 388-97-4700

Duties and powers of temporary manager and receiver.

(1) The temporary manager or receiver must protect the health, security and welfare of the residents for the duration of the temporary management or receivership. The temporary manager or receiver must perform all acts reasonably necessary to ensure residents' needs are met. Such acts may include, but are not limited to:
(a) For receivers, the powers in RCW 18.51.490;
(b) Correcting cited deficiencies;
(c) Hiring, directing, and managing all consultants and employees and discharging them for just cause, discharging the administrator of the nursing home, recognizing collective bargaining agreement, and settling labor disputes;
(d) Receiving and expending in a prudent and business-like manner all current revenues of the home provided priority will be given to debts and expenditures directly related to providing care and meeting residents' needs;
(e) Making necessary purchases, repairs, and replacements, provided such expenditures in excess of five thousand dollars are approved by the department, or in the case of a receiver, approved by court;
(f) Entering into contracts necessary for the operation of the nursing home, provided that, the court must approve contracts extending beyond the period of receivership;
(g) Preparing all department-required reports;
(h) Overseeing facility closure, when appropriate;
(i) Planning required relocation with residents and residents' legal representative, family, or significant others in conjunction with home and community services division field staff;
(j) Meeting regularly with and informing staff, residents, and residents' families or significant others of:
(i) Plans for correcting the cited deficiencies;
(ii) Progress achieved in correction of deficiencies;
(iii) Plans for facility closure and relocation; and
(iv) Plans for continued operation of the nursing home, including training of staff.
(2) The temporary manager or receiver must make a detailed monthly accounting of all expenditures and liabilities to the department and to the owner of the nursing home, and to the court when required.
(3) The receiver must consult the court in cases of extraordinary or questionable debts incurred prior to the receiver's appointment and will not have the power to close the home or sell any of the nursing home's assets without prior court approval.
(4) The temporary manager or receiver must comply with all applicable state and federal laws and regulations. If the nursing home is certified and is providing care to medicaid clients, the temporary manager or receiver must become the medicaid contractor for the duration of the temporary management or receivership period.
[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, ยง 388-97-4700, filed 9/24/08, effective 11/1/08.]
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