Minnesota Administrative Rules

9525.1930 PENALTIES AND APPEALS.

Subpart 1.

Noncompliance.

The commissioner may pursue contractual remedies in accordance with part 9525.1870, subparts 2 and 3, withhold or withdraw reimbursement, recoup money paid, and pursue any other available legal remedy for failure of a county board, provider, or subcontractor to comply with parts 9525.1800 to 9525.1930. The commissioner may also take action in accordance with Minnesota Statutes, section 256B.064.

The county board shall pursue contractual remedies in accordance with part 9525.1870, subparts 2 and 3, withhold or withdraw reimbursement, recoup money paid, or pursue any other available legal remedy for failure of a provider or subcontractor to comply with parts 9525.1800 to 9525.1930. A provider shall be held liable if a subcontractor fails to comply with parts 9525.1800 to 9525.1930.

Subp. 2.

[Repealed, 16 SR 2238]

Subp. 3.

Failure to enforce.

The county board shall be held liable for any damages or costs to the department for failure of the county board to enforce contracts entered into under parts 9525.1800 to 9525.1930 or for any action or inaction which impedes enforcement by the commissioner.

Subp. 4.

Appeals by county boards, providers, or subcontractors.

Before the commissioner withholds, recoups, or withdraws the county board's allocation under subpart 1, the commissioner shall give 30 days written notice to the county board and send a copy of the written notice to the affected providers or subcontractors. The written notice shall inform the county board, provider, or subcontractor of the right to a hearing under the contested case procedures of Minnesota Statutes, chapter 14. If the commissioner receives a written appeal of the commissioner's action within 30 days of the date the written notice is sent, the commissioner shall initiate a contested case proceeding. The written appeal must state the reasons the county board, provider, or subcontractor is appealing the commissioner's action. The commissioner shall not take the proposed action before the hearing unless, in the commissioner's opinion, the action is necessary to protect the public welfare and the interests of the home and community-based services program.

Subp. 5.

Appeals by individuals.

Notice, appeals, and hearing procedures shall be conducted as follows:

A.

A person who is considered for, or receiving, home and community-based services has a right to a hearing under Minnesota Statutes, section 256.045 if:

(1)

the county board fails to follow the written procedures and criteria established under part 9525.1830, subpart 2; or

(2)

the county board fails to authorize services in accordance with part 9525.1830, subpart 1, item E; or

(3)

the provisions of parts 9525.1820 and 9525.1830 are met and the person is:

(a)

not informed of the home and community-based services that are feasible for the person; or

(b)

denied the right to choose between the feasible home and community-based services and ICF/DD services.

B.

It is an absolute defense to an appeal under item A, subitem (1), if the county board proves that it followed the established written procedures and criteria and determined that home and community-based services could not be provided to the person within the county board's allocation of home and community-based services money.

C.

Notice, appeal, and hearing procedures shall be conducted in accordance with Minnesota Statutes, section 256.045.

Statutory Authority:

MS s 256B.092; 256B.501; 256B.502; 256B.503

History:

10 SR 838; 16 SR 2238; L 2005 c 56 s 2

Published Electronically:

October 16, 2013