Introduction, Purpose & Imposition

10007.1 – Introduction, Purpose & Imposition (Rev. 221; Issued: 05-10-24; Effective: 05-10-24; Implemetation:05-10-24) Temporary management is established in accordance with §488.835 for HHAs and §488.1235 for hospice programs. The following situations should be used as a general guide for imposing temporary management when: • CMS determines the failure to comply with the CoPs is directly related to management limitations, or • Deficient management oversight that is likely to impair the HHA’s or hospice program’s ability to correct deficiencies and return the HHA or hospice program to full compliance within the necessary timeframe, and • When needed, based on the above situations, to oversee orderly involuntary termination/closure of an HHA or hospice program including the proper and safe transfer of patients to another local HHA or hospice program. Notice of intent to appoint a temporary manager must be given at least 15 calendar days before the effective date of the enforcement action. When there is an IJ, notice of intent must be given at least two calendar days before the effective date of the enforcement action. The notice of intent from CMS provides the intent to impose the enforcement action, the statutory basis for the enforcement action, the nature of the noncompliance, the proposed effective date of the enforcement action, and the appeal rights. The final notice will be provided once the administrative determination is final. For HHAs only: Please note that the imposition of temporary management on an HHA would prohibit that HHA from conducting health aide training and competency evaluation program for 2 years from the date this sanction is imposed (see also 42 CFR 484.80(f)). See Appendix B of the State Operations Manual for additional information for eligible home health aide training and competency evaluation organizations at §484.80(f). The maximum period for use of the temporary manager is six months. It is the temporary manager’s responsibility to oversee correction of the deficiencies and assure the health and safety of the HHA’s or hospice program’s patients while the corrections are being made. An HHA or hospice program that fails to relinquish authority and control to a temporary manager will have its provider agreement terminated in accordance with §488.865 (HHA) or §488.1265 (Hospice).