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252.293 EMERGENCY RELOCATIONS.
    Subdivision 1. Emergency transfers. In emergency situations, the commissioner of
human services may order the relocation of existing intermediate care facility for persons with
developmental disabilities beds, transfer residents, and establish an interim payment rate under
the procedures contained in Minnesota Rules, part 9553.0075, for up to two years, as necessary
to ensure the replacement of the original services for the residents. The payment rate must be
based on projected costs and is subject to settle up. An emergency situation exists when it appears
to the commissioner of human services that the health, safety, or welfare of residents may be in
jeopardy due to imminent or actual loss of use of the physical plant or damage to the physical
plant making it temporarily or permanently uninhabitable. The subsequent rate for a facility
providing services for the same resident following the temporary emergency situation must be
based upon the costs incurred during the interim period if the residents are permanently placed in
the same facility. If the residents need to be relocated for permanent placements, the temporary
emergency location must close and the procedures for establishing rates for newly constructed or
newly established facilities must be followed. This provision regarding emergency situations does
not apply to facilities placed in receivership by the commissioner of human services under section
245A.12 or 245A.13, or facilities that have rates set under section 252.292, subdivision 4, or to
relocations of residents to existing facilities.
    Subd. 2. Approval of temporary locations. The commissioner of human services shall
notify the commissioner of health of the existence of the emergency and the decision to order the
relocation of residents. This notice shall also identify the temporary location or locations selected
by the commissioner of human services for the relocation of the residents. Notwithstanding the
provisions of section 252.291, the commissioner of health may license and certify the temporary
location or locations as an intermediate care facility for persons with developmental disabilities if
the location complies with the applicable state rules and federal regulations. The facility from
which the residents were relocated shall not be used to house residents until the commissioner
of human services authorizes the return of residents to the facility and the commissioner of
health verifies that the facility complies with the applicable state and federal regulations. If the
temporary location closes under the provisions of subdivision 1, the license and certification of the
temporary location is voided. The voiding of the license and certification shall not be considered
as a suspension, revocation, or nonrenewal of the license or as an involuntary decertification
of the facility.
History: 1991 c 292 art 6 s 38; 2005 c 56 s 1

Official Publication of the State of Minnesota
Revisor of Statutes