2006 Minnesota Statutes

144A.105 SUSPENSION OF ADMISSIONS.
    Subdivision 1. Circumstances for suspensions. The commissioner of health may suspend
admissions to a nursing home or certified boarding care home when:
(1) the commissioner has issued a penalty assessment or the nursing home has a repeated
violation for noncompliance with section 144A.04, subdivision 7, or the portion of Minnesota
Rules, part 4655.5600, subpart 2, that establishes minimum nursing personnel requirements;
(2) the commissioner has issued a penalty assessment or the nursing home or certified
boarding care home has repeated violations for not maintaining a sufficient number or type of
nursing personnel to meet the needs of the residents, as required by Minnesota Rules, parts
4655.5100 to 4655.6200;
(3) the commissioner has determined that an emergency exists;
(4) the commissioner has initiated proceedings to suspend, revoke, or not renew the license
of the nursing home or certified boarding care home; or
(5) the commissioner determines that the remedy of denial of payment, as provided by
subparagraph 1919(h)(2)(A)(i) of the Social Security Act, is to be imposed under section 1919(h)
of the Social Security Act, or regulations adopted under that section of the Social Security Act.
    Subd. 2. Order. If the commissioner suspends admissions under subdivision 1, the
commissioner shall notify the nursing home or certified boarding care home, by written order,
that admissions to the nursing home or certified boarding care home will be suspended beginning
at a time specified in the order. The suspension is effective no earlier than 48 hours after the
nursing home or certified boarding care home receives the order, unless the order is due to an
emergency under subdivision 1, clause (3). The order may be served on the administrator of the
nursing home or certified boarding care home, or the designated agent in charge of the home,
by personal service or by certified or registered mail with a return receipt of delivery. The order
shall specify the reasons for the suspension, the corrective action required to be taken by the
nursing home or certified boarding care home, and the length of time the suspension will be in
effect. The nursing home or certified boarding care home shall not admit any residents after the
effective time of the order. In determining the length of time for the suspension, the commissioner
shall consider the reasons for the suspension, the performance history of the nursing home, and
the needs of the residents.
    Subd. 3. Conference. After receiving the order for suspension, the nursing home or certified
boarding care home may request a conference with the commissioner to present reasons why the
suspension should be modified or should not go into effect. The request need not be in writing.
If a conference is requested within 24 hours after receipt of the order, the commissioner shall
hold the conference before the effective time of the suspension, unless the order for suspension is
due to an emergency under subdivision 1, clause (3). If a conference is not requested within 24
hours after receipt of the order, the nursing home or certified boarding care home may request a
conference and the commissioner shall schedule the conference as soon as practicable. The
conference may be held in person or by telephone. After a conference, the commissioner may
affirm, rescind, or modify the order.
    Subd. 4. Correction. The nursing home or certified boarding care home shall notify
the commissioner, in writing, when any required corrective action has been completed. The
commissioner may verify the corrective action by inspection under section 144A.10. The
commissioner may extend the initial suspension period by written notice to the nursing home or
certified boarding care home.
    Subd. 5. Notification of commissioner of human services. Whenever the commissioner
suspends admissions to a nursing home or certified boarding care home, the commissioner shall
notify the commissioner of human services of the order and of any modifications to the order.
    Subd. 6. Hearing. A nursing home or certified boarding care home may appeal from an
order for suspension of admissions issued under subdivision 1. To appeal, the nursing home or
certified boarding care home shall file with the commissioner a written notice of appeal. The
appeal must be received by the commissioner within ten days after the date of receipt of the order
for suspension by the nursing home or certified boarding care home. Within 15 calendar days
after receiving an appeal, the commissioner shall request assignment of an administrative law
judge under sections 14.48 to 14.56 to conduct the hearing as soon as possible or according
to agreement of the parties. Regardless of any appeal, the order for suspension of admissions
remains in effect until final resolution of the appeal.
History: 1989 c 282 art 3 s 19