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Subpart 1.

Grounds for suspension or withholding before an appeal.

The commissioner is authorized to suspend or withhold payments to a provider before an appeal provided in part 9505.2245, if:


there is substantial likelihood that the department will prevail in an action under parts 9505.2160 to 9505.2245;


there is a substantial likelihood that the provider's practice, which is the basis for the department's determination made under part 9505.2200, subpart 4, will continue in the future;


there is reasonable cause to doubt the provider's financial ability to repay the amount determined to be due; or


suspending participation or withholding payment is necessary to comply with Minnesota Statutes, section 256B.064, subdivision 2.

Subp. 2.

Exception to prehearing suspension or withholding.

The commissioner shall not order a prehearing suspension or withholding of payments to a nursing home or convalescent care facility.

Subp. 3.

Federal share.

When an overpayment has been made by the department, the commissioner is authorized to recover from a provider the federal share when it is due to the federal government under federal law and regulations.

Statutory Authority:

MS s 256B.04


15 SR 2563

Published Electronically:

August 12, 2008

Official Publication of the State of Minnesota
Revisor of Statutes