The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon:
The facility’s unwillingness or inability to comply with department rules in the operation of the facility;
The imminent insolvency of the facility;
The department’s revocation or suspension of the license of the facility; or
The department’s determination that the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the patients.
A temporary manager has all of the duties and powers, as prescribed by the department by rule or as agreed upon between the department and the licensee, that are necessary to ensure the safety and well-being of the patients and the continued operation of the facility.
The department shall compensate a temporary manager as agreed upon by the department and the licensee. Compensation of a temporary manager and compensation of any employees or agents of the temporary manager reasonably necessary to assist the temporary manager in the operation of the facility shall be considered a reasonable expense for the purpose of withdrawing funds from the Facility Fund established in ORS 441.303 (Establishment of Facility Fund). [2009 c.539 §15]Note: See note under 441.331 (Definition of “facility” for ORS 441.331 to 441.341).
Atty. Gen. Opinions
Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963