2006 Minnesota Statutes

144A.06 TRANSFER OF INTERESTS.
    Subdivision 1. Notice; expiration of license. Any controlling person who makes any
transfer of a beneficial interest in a nursing home shall notify the commissioner of health of the
transfer within 14 days of its occurrence. The notification shall identify by name and address the
transferor and transferee and shall specify the nature and amount of the transferred interest. On
determining that the transferred beneficial interest exceeds ten percent of the total beneficial
interest in the nursing home facility, the structure in which the facility is located, or the land upon
which the structure is located, the commissioner may, and on determining that the transferred
beneficial interest exceeds 50 percent of the total beneficial interest in the facility, the structure in
which the facility is located, or the land upon which the structure is located, the commissioner
shall require that the license of the nursing home expire 90 days after the date of transfer. The
commissioner of health shall notify the nursing home by certified mail of the expiration of the
license at least 60 days prior to the date of expiration.
    Subd. 2. Relicensure. The commissioner of health by rule shall prescribe procedures for
relicensure under this section. The commissioner of health shall relicense a nursing home if the
facility satisfies the requirements for license renewal established by section 144A.05. A facility
shall not be relicensed by the commissioner if at the time of transfer there are any uncorrected
violations. The commissioner of health may temporarily waive correction of one or more
violations if the commissioner determines that:
(a) Temporary noncorrection of the violation will not create an imminent risk of harm to a
nursing home resident; and
(b) A controlling person on behalf of all other controlling persons:
(1) Has entered into a contract to obtain the materials or labor necessary to correct the
violation, but the supplier or other contractor has failed to perform the terms of the contract and
the inability of the nursing home to correct the violation is due solely to that failure; or
(2) Is otherwise making a diligent good faith effort to correct the violation.
History: 1976 c 173 s 6; 1977 c 305 s 45; 1986 c 444