Page 50

UNOFFICIAL 1737-50 in-service training program likely to correct the deficiencies; and (ii) Assisting in the development of an acceptable plan of correction; (B) Situations when state monitoring may be appropriate include, but are not limited to, the following: (i) Poor facility history, i.e., a pattern of poor quality of care, many complaints, etc.; (ii) State agency concern that the situation in the facility has the potential to worsen; (iii) Immediate jeopardy exists and no temporary manager can be appointed or the facility refuses to relinquish control to a temporary manager. A monitor shall be imposed to oversee termination procedures and transfer of residents; or (iv) The facility seems unable or unwilling to take corrective action for cited substandard quality of care; (C) Monitoring may occur anytime in a facility, i.e., twenty-four hours a day, seven days a week, if necessary. In all instances, monitors shall have complete access to all areas of the facility as necessary for performance of the monitoring task; and (D) State monitoring shall be discontinued when: (i) The facility's provider agreement is terminated; or (ii) The facility is terminated; or the facility has demonstrated to the satisfaction of HCFA or the State Agency, that the facility is in substantial compliance with the requirements and (if imposed for repeated substandard quality of care) that the facility will remain in substantial compliance.

(b) The appeal and hearing provisions of chapter 17-1736 shall be available to providers subject to state imposed remedies. [Eff 08/01/94; am 01/29/96; am 11/25/96; am 09/14/98 ] (Auth: HRS §346-14; 42 C.F.R. §§442.118, 442.119; Pub. L. No. 100-203)