(a)

1. (1) “Temporary director” means the temporary appointment by the Office of Long-Term Care, or by the facility with the approval of the office, of a substitute facility director with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facility's operation, or to assist in the orderly closure of a facility.
2. (2) A temporary director may be appointed by the office only upon the consent and agreement of the facility.
3. (3) The temporary director shall provide reports to the office regarding the operation of the facility and the efforts toward correction by the facility as requested by the office.

(b) Qualifications. The temporary director must:

1. (1) Be qualified to oversee correction of deficiencies on the basis of experience and education, as determined by the office;
2. (2) Not have been found guilty of misconduct by any licensing board or professional society in any state;
3. (3) Have, or a member of his or her immediate family have, no financial ownership interest in the facility;
4. (4) Not currently serve or, within the past two (2) years, have served, unless approval has been obtained from the office, as a member of the staff of the facility; and
5. (5) Successfully undergo a criminal record check pursuant to the rules of the office.

(c) Payment of salary. The temporary director’s salary:

1. (1) Is paid directly by the facility while the temporary director is assigned to that facility;

2. (2) Must be at least equivalent to the sum of the following:

   1. (A) The prevailing salary paid by providers for positions of this type in what the office considers the facility's geographic area;
   2. (B) Additional costs that would have reasonably been incurred by the provider if such person had been in an employment relationship; and
   3. (C) Any other costs incurred by such a person in furnishing services under such an arrangement or as otherwise set by the office; and
3. (3) May exceed the amount specified in subdivision (c)(2) of this section if the office is otherwise unable to attract a qualified temporary director.

(d) Failure to relinquish authority to temporary director.

1. (1) Termination of adult day health care licensure. If a facility fails to relinquish authority to the temporary director, the office may impose additional remedies, including but not limited to termination of the adult day health care license.
2. (2) Failure to pay salary of temporary director. A facility's failure to pay the salary of the temporary director is considered a failure to relinquish authority to temporary administration.

3. (3) When imposed.

   1. (A) The remedy of temporary director shall be used only in lieu of termination of the facility license.
   2. (B) Provided, however, that if the appointment of the temporary director does not result in compliance by the facility within the time frames estimated by the temporary manager and agreed to by the office, the remedy of termination or revocation of license may be imposed.