Subdivision 1. Generally. (a) The following costs shall not be recognized as allowable:
(1) political contributions;
(2) salaries or expenses of a lobbyist, as defined in section 10A.01, subdivision 21, for lobbying activities;
(3) advertising designed to encourage potential residents to select a particular nursing facility;
(4) assessments levied by the commissioner of health for uncorrected violations;
(5) legal and related expenses for unsuccessful challenges to decisions by governmental agencies;
(6) memberships in sports, health or similar social clubs or organizations;
(7) costs incurred for activities directly related to influencing employees with respect to unionization; and
(8) costs of providing services which are billed separately from the nursing facility's payment rate or pursuant to Minnesota Rules, parts 9505.0170 to 9505.0475.
(b) The commissioner shall by rule exclude the costs of any other items not directly related to the provision of resident care.
Subd. 2. Collective bargaining. Costs incurred for any activities which are directed at or are intended to influence or dissuade employees in the exercise of their legal rights to freely engage in the process of selecting an exclusive representative for the purpose of collective bargaining with their employer shall not be allowable for purposes of setting payment rates.
2016 c 99 art 1 s 11; 2016 c 158 art 1 s 123
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256R — Nursing Facility Rates
Section 256R.02 — Definitions.
Section 256R.03 — Conditions For Funding.
Section 256R.04 — Prohibited Practices.
Section 256R.05 — Required Practices.
Section 256R.06 — Private Pay Residents; Required Practices.
Section 256R.07 — Adequate Documentation.
Section 256R.08 — Reporting Of Financial Statements.
Section 256R.09 — Reporting Of Statistical And Cost Reports.
Section 256R.10 — Allowed Costs.
Section 256R.11 — Nonallowed Costs.
Section 256R.12 — Cost Allocation.
Section 256R.13 — Auditing Requirements.
Section 256R.16 — Quality Of Care.
Section 256R.18 — Report By Commissioner Of Human Services.
Section 256R.21 — Total Payment Rate.
Section 256R.22 — Case Mix Adjusted Total Payment Rate.
Section 256R.23 — Total Care-related Payment Rates.
Section 256R.24 — Other Operating Payment Rate.
Section 256R.25 — External Fixed Costs Payment Rate.
Section 256R.26 — Property Payment Rate.
Section 256R.261 — Property Rate Definitions.
Section 256R.265 — Appraisals And Determination Of Replacement Costs.
Section 256R.267 — Threshold Project Property Payment Rate Interim Adjustments.
Section 256R.27 — Interim And Settle-up Payment Rates.
Section 256R.36 — Hold Harmless.
Section 256R.37 — Scholarships.
Section 256R.38 — Performance-based Incentive Payments.
Section 256R.39 — Quality Improvement Incentive Program.
Section 256R.40 — Nursing Facility Voluntary Closure; Alternatives.
Section 256R.41 — Single-bed Room Incentive.
Section 256R.42 — Rate Adjustment For The First 30 Days.
Section 256R.44 — Rate Adjustment For Private Rooms For Medical Necessity.
Section 256R.45 — Rate Adjustment For Ventilator-dependent Persons.
Section 256R.46 — Specialized Care Facilities.
Section 256R.47 — Rate Adjustment For Critical Access Nursing Facilities.
Section 256R.48 — Publicly Owned Facilities.
Section 256R.481 — Rate Adjustments For Border City Facilities.
Section 256R.50 — Bed Relocations.
Section 256R.51 — Rate Adjustment For Special Dietary Needs.
Section 256R.52 — Nursing Facility Receivership Fees.