The grounds for the appointment of a trustee shall be that the health and welfare of patients in a facility are now or in the immediate future will be in jeopardy based on:
(1) Sufficient prior surveys or investigations of complaints resulting in the determination that the complaints are supported by findings, and evidence that the Department of Human Services has attempted by findings of survey deficiencies and imposition of civil penalties to bring the long term care facility into compliance with statute and rules.
(2) No improvement in patient care, health and welfare over a seven-day period after the survey or investigation as defined by:
(a) Physicians’ orders not being followed correctly.
(b) The lack of, or inadequate direct patient care to the point that the patient has or is suffering physical harm.
(c) Deficient staffing to the point of causing physical or mental harm to the patient.
(d) Physical injury to a patient of a long term care facility which has been determined by the department to be caused by other than accidental means and for which the administrator has not taken necessary action.
(3) The person or body legally responsible is unwilling or unable, or both, to upgrade the quality of patient care to the level necessary to protect the health and welfare of the patients.
(4) The facility is insolvent.
(5) The department has revoked or suspended the license of the facility.
(6) The operator intends to close the facility and has not made adequate arrangements for relocation of the residents.
(7) The facility refuses to allow the monitors access to the facility. [1981 c.868 §3; 1985 c.648 §2; 1987 c.428 §19]
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