Minn. R. agency 196, ch. 9505, SURVEILLANCE AND INTEGRITY REVIEW PROGRAM, pt. 9505.2231

Current through Register Vol. 49, No. 20, November 12, 2024

Part 9505.2231 - SUSPENSION OR WITHHOLDING OF PAYMENTS

Subpart 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; or

D. 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.

Minn. R. agency 196, ch. 9505, SURVEILLANCE AND INTEGRITY REVIEW PROGRAM, pt. 9505.2231

15 SR 2563

Statutory Authority: MS s 256B.04