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��14��141 �iii� �enters for Medicare �1C� M�C�1Ca1C� S�I`Vl�eS �"CMS"}, or any applicable �r successor authority, or its agent, issues a notice to �p�rat�r of a den�al of payments by �MS (or a fiscal intermediary� far new admissions at the Healthcare Facility; ��v} CMS, or its agent, designates the Healthcare Faci�ity to be a "Specia� Fo�us Faci�ity77 ar another g�vernmenta.l authority has made an equivalent design�tion; �v} A notice is issued to �perator of a proposed denial, refusal to issue, ar termination of the Permits a.nd Approvals for the Hea�thcare Fac�l�ty; or (vi} A second revisit survey is required as a result nf fa�Iure to clear defi�iencies cited in any survey or equivalent examination by any applical�le government authority. �b} The Consu�tant shall review the management af the Hea�thcare Facility and, subj ect to applicable legal requirements gn�erning the �onfidentiality of patient re�ords, have �omp�ete access to th� Healthcare Fac��ity and its records, affices and faci�ities in arder to carry aut its duties under such engagement. �perat�r shall instruct �onsultant to prepare and del�ver to HUD, the Lender, and �perator a written report, �n a format appr�ved by HUD, af the �ansultant's findings and rec�mm�ndations re�ated to the operational andlor financial deficiencies noted in HUD's written notice to �perator, within thirty (3�� calendar days after its engagement. (c} �perator shall, within twenty �2�} Business I]ays �f re��iving Cansultar�t's report, implement any and al� reas�r�able recammendat��ns, as approved by HUD in cansultatian with �perator, Lend�r, and Borrawer, made by th� �onsultant to address any performance def ciencies, provided hnWever, �n na event shall �perator implem�nt any recommendations that are in c�nfli�t with Pr�gram �bligations or atherwise not in compliance with this Agreement or any other lega�requirements. (d� HUD's decision t� require ar n�t require the engagement of a �onsultant is within HUD's so�e discretion and such decision shall not affe�t or timit any of HUI]'s ather rights and remedies, nor�ause HUD to be deemed the operatar of the Healthcare Facil�ty. 7. RISK MANAGEMENT PR��RAM. In a�cordan�e with Program�b�igations, �perator shall implement and maintain a risk management program vvhi�h incorporates a real- time incident reporting and track�ng system that infarms �perator's senior management of a1Z in�idents with the potential to expose th� �perat�r to liabil�ty for personal inj ury or other damages. Each incident must be reviewed by �perator's apprapriately-trained professianal staff, and su�h staff must follaw-up �n incidents as necessary. The risk management program must inClude appropriate training for��erat�r's staff. 8. N�TI�E �F VI�LATI�N ANI3 EVENT �F DEFAULT. Pre�ivus�ersians absvlete Page 8 of'IS fvrm HUD-9�4SSA-�RCF�Re�.�81�3} Replaces H U D-924�G-N H L