​Background

The California Department of Public Health (CDPH) is seeking to establish a list of potential temporary managers for long-term care facilities. Pursuant to Title 22 CCR section 72909(a), a temporary manager is appointed as a substitute facility manager or administrator with the authority to take the following actions which includes, but is not limited to:

1. Hire, terminate, reassign, supervise, and direct staff and make other personnel decisions
2. Obligate facility funds
3. Alter facility policies and procedures
4. Use the building, fixtures furnishings, and consumable goods necessary to provide care and services to residents
5. Correct deficiencies in the operation of the facility
6. Make repairs or improvements to the structure or furnishings of the facility if there is an immediate danger to the health and safety of residents.
   

CDPH has the authority to appoint a temporary manager pursuant to Health and Safety Code (HSC) section 1325.5(c) when:

1. The residents of the long-term health care facility are in immediate danger of death or permanent injury by virtue of the failure of the facility to comply with federal or state requirements applicable to the operation of the facility; or
2. As a result of the change in the status of the license or operation of a long-term health care facility, the facility is required to comply with HSC section 1336.2, the facility fails to comply with HSC section 1336.2, and CDPH has determined that the facility is unwillingly or unable to meet the requirements of HSC section 1336.2. ​
   

Qualifications

Each applicant must submit an application to CDPH demonstrating that they meet the minimum qualifications to serve as a temporary manager (Title 22 CCR section 72903(a)). Applicants must provide evidence of the following:

1. Qualifications to oversee the correction of deficiencies in a long-term health care facility based on experience or education, or based on the experience and education of the employees, agents, or contractors of the applicant.
2. Identify a CDPH-licensed nursing home administrator who will be responsible for the administration and management of the facility. The administrator must have at least two years of experience as a long-term health care facility administrator.
3. The applicant, or their employees, agents, or contractors, have not been found guilty of misconduct by CDPH or any other licensing board. This includes the denial, suspension, or revocation of a license, certificate, or other approval, or any other final adverse action.
4. The applicant, or their employees, agents, or contractors, have not been identified as a responsible party who either acted or failed to act in an event that was the basis for:
   
• Any class A or AA citation issued by CDPH against a long-term health care facility where death or serious harm to a patient or resident occurred within the past five years, or​
• Any federal enforcement findings of isolated, patter, or widespread immediate jeopardy (as defined in Title 42 Code of Federal Regulations section 488.1), within the past five years, or
  
• A final Medicare or Medicaid termination action taken under federal law, at any time​​
  
5. An attestation that the applicant currently employs or contracts with, or has the ability to employ or contract with, all staff necessary and legally required to operate a long-term health care facility within 48 hours from the time the temporary manager is appointed.
   

6. An attestation that the applicant currently employs or contracts with, or has the ability to employ or contract with, the legal and accounting professionals necessary to operate a long-term health care facility within 48 hours from the time the temporary manager is appointed.
   

7. An attestation that the applicant has one or more business lines of credit for use upon the appointment of temporary manager. The available amount of each line of credit must be disclosed.​
   

How to Apply

CDPH is compiling a list of potential candidates to serve as a temporary manager. Pursuant to Title 22 CCR section 72903(b) and (c), applicants are to include in their applications, but are not limited to, the following documents:

• A résumé containing experience demonstrating the ability to temporarily manage a long-term health care facility
• Documentation showing compliance with California and Federal rules and regulations for long-term health care facilities
• Any health care related licenses, certifications or diplomas of the applicant, or staff of the applicant
• The names of all persons with a beneficial ownership interest (as defined in HSC section 1253.2(c) and (j)), in the applicant and all officers and directors of the applicant, if the applicant is not an individual
• Business contact information, including primary telephone number and email address.
  

Persons meeting the qualifications and interested in being considered for the list can email their application to TemporaryManager@cdph.ca.gov with “Temporary Manager" in the subject line.

Sincerely,

Original signed by Mandi Posner

Mandi Posner
Deputy Director