Current through Register Vol. 48, No. 51, June 17, 2024
Part 9505.2231 - SUSPENSION OR WITHHOLDING OF PAYMENTSSubpart 1.Grounds for suspension or withholding before an appeal.The commissioner is authorized to suspend or withhold payments to a provider before an appeal provided in part 9505.2245, if:
A. there is substantial likelihood that the department will prevail in an action under parts 9505.2160 to 9505.2245;B. there is a substantial likelihood that the provider's practice, which is the basis for the department's determination made under part 9505.2200, subpart 4, will continue in the future;C. there is reasonable cause to doubt the provider's financial ability to repay the amount determined to be due; orD. suspending participation or withholding payment is necessary to comply with Minnesota Statutes, section 256B.064, subdivision 2.Subp. 2.Exception to prehearing suspension or withholding.The commissioner shall not order a prehearing suspension or withholding of payments to a nursing home or convalescent care facility.
Subp. 3.Federal share.When an overpayment has been made by the department, the commissioner is authorized to recover from a provider the federal share when it is due to the federal government under federal law and regulations.
Statutory Authority: MS s 256B.04