When the health care provider has failed to bring the facility into compliance within the time specified by the department, or when the facility has demonstrated that it is unwilling or unable to achieve compliance, such as would convince a reasonable person that any correction of violations would be unlikely to be maintained, the department may petition the Commonwealth Court or the Court of Common Pleas of the county in which the facility is located to appoint temporary management designated as qualified by the department to assume operation of the facility at the facility’s expense to assure the health and safety of the facility’s patients or residents until improvements are made to bring the facility into compliance with the laws and regulations for licensure or until there is an orderly closure of the facility