(b) Qualifications. The temporary manager must—

1. (1) Be qualified to oversee correction of deficiencies on the basis of experience and education, as determined by the State;
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; and
4. (4) Not currently serve or, within the past 2 years, have served as a member of the staff of the facility.

(c) Payment of salary. The temporary manager's salary—

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

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

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