Subdivision 1. Payment of receivership fees. (a) When the commissioner of health notifies the commissioner of human services that a nursing facility is subject to the receivership provisions under section 144A.15 and provides a recommendation in accordance with section 144A.154, the commissioner in consultation with the commissioner of health may establish a receivership fee that is added to a nursing facility payment. The commissioner shall reduce the requested amount by any amounts the commissioner determines are included in the nursing facility's payment rate and that are not specifically required to be paid for expenditures of the nursing facility.
A receivership fee shall be set according to paragraphs (b) and (c) and payment shall be according to paragraphs (d) to (f).
(b) The receivership fee per day shall be determined and revised as necessary by dividing the estimated amount of needed additional funding or actual additional costs of the receivership by the estimated resident days for the projected duration of the receivership.
(c) The receivership fee per day shall be added to the nursing facility's payment rate.
(d) Notification of the payment rate increase must meet the requirements of section 256R.06, subdivision 5.
(e) The payment rate in paragraph (c) for a nursing facility is effective the first day of the receivership.
(f) The commissioner may elect to make a lump-sum payment of a portion of the receivership fee to the receiver or managing agent. In this case, the commissioner and the receiver or managing agent shall agree to a repayment plan. Regardless of whether the commissioner makes a lump-sum payment under this paragraph, the provisions of paragraphs (b) to (e) apply.
Subd. 2. Sale or transfer of a nursing facility in receivership after closure. (a) Upon the subsequent sale or transfer of a nursing facility in receivership, the commissioner shall seek to recover from the prior licensee any amounts paid through payment rate adjustments under subdivision 1. The prior licensee shall repay this amount to the commissioner within 60 days after the commissioner notifies the prior licensee of the obligation to repay.
(b) The commissioner may recover amounts paid through the receivership fee by means of withholding from the prior licensee payments related to any other medical assistance provider of the prior licensee in Minnesota. The prior licensee must also repay private-pay residents the amount the private-pay resident paid for the receivership fee.
(c) If a nursing facility with payment rates determined under subdivision 1 is later sold while the nursing facility is in receivership, the payment rates in effect prior to the receivership shall be the new owner's payment rates. The commissioner shall apply to these rates any rate adjustment provided to other nursing facilities for which the facility is qualified.
(d) The commissioner may adjust, reclassify, or disallow costs reported for a facility that was in receivership for periods of a reporting period during which the receivership was in effect and for the prior year.
2016 c 99 art 1 s 39
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.