2006 Minnesota Statutes

256B.25 PAYMENTS TO CERTIFIED FACILITIES.
    Subdivision 1. Licensing required. Payments may not be made hereunder for care in
any private or public institution, including but not limited to hospitals and nursing homes,
unless licensed by an appropriate licensing authority of this state, any other state, or a Canadian
province and if applicable, certified by an appropriate authority under United States Code, title
42, sections 1396-1396p.
    Subd. 2. Payment distribution. The payment of state or county funds to nursing homes,
boarding care homes, and supervised living facilities, except payments to state operated
institutions, for the care of persons who are eligible for medical assistance, shall be made only
through the medical assistance program, except as provided in subdivision 3.
    Subd. 3. Payment exceptions. The limitation in subdivision 2 shall not apply to:
(a) payment of Minnesota supplemental assistance funds to recipients who reside in facilities
which are involved in litigation contesting their designation as an institution for treatment of
mental disease;
(b) payment or grants to a boarding care home or supervised living facility licensed by
the Department of Human Services under Minnesota Rules, parts 9520.0500 to 9520.0690,
9530.2500 to 9530.4000, 9545.0900 to 9545.1090, or 9545.1400 to 9545.1500, or payment to
recipients who reside in these facilities;
(c) payments or grants to a boarding care home or supervised living facility which are
ineligible for certification under United States Code, title 42, sections 1396-1396p;
(d) payments or grants otherwise specifically authorized by statute or rule.
    Subd. 4. Payment during suspended admissions. A nursing home or boarding care home
that has received a notice to suspend admissions under section 144A.10, subdivision 4a, shall
be ineligible to receive payment for admissions that occur during the effective dates of the
suspension. Upon termination of the suspension by the commissioner of health, payments may be
made for eligible persons, beginning with the day after the suspension ends.
History: Ex1967 c 16 s 25; 1969 c 395 s 2; 1984 c 641 s 13; 1984 c 654 art 5 s 58; 1985
c 248 s 69; 1989 c 282 art 3 s 64