Minnesota Statutes

Minn. Stat. § 256B.25 (2026)

Payments To Certified Facilities

✓ current as of May 2026

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Subdivision 1.Licensing required.

Payments may not be made hereunder for care in any private or public institution, including but not limited to hospitals and nursing homes, unless licensed by an appropriate licensing authority of this state, any other state, or a Canadian province and if applicable, certified by an appropriate authority under United States Code, title 42, sections 1396-1396p.

Subd. 2.Payment distribution.

The payment of state or county funds to nursing homes, boarding care homes, and supervised living facilities, except payments to state operated institutions, for the care of persons who are eligible for medical assistance, shall be made only through the medical assistance program, except as provided in subdivision 3.

Subd. 3.Payment exceptions.

The limitation in subdivision 2 shall not apply to:

(1) payment of Minnesota supplemental assistance funds to recipients who reside in facilities which are involved in litigation contesting their designation as an institution for treatment of mental disease;

(2) payment or grants to a boarding care home or supervised living facility licensed by the Department of Human Services under Minnesota Rules, parts 2960.0130 to 2960.0220, 2960.0580 to 2960.0700, or 9520.0500 to 9520.0670, or under chapter 245G or 245I, or payment to recipients who reside in these facilities;

(3) payments or grants to a boarding care home or supervised living facility which are ineligible for certification under United States Code, title 42, sections 1396-1396p; or

(4) payments or grants otherwise specifically authorized by statute or rule.

Subd. 4.

[Repealed, 2016 c 99 art 1 s 43]

Notes of Decisions

Cited in 2 cases, 1985–2006 · leading case: Shagalow v. State, Dep't of Human Servs., 725 N.W.2d 380 (Minn. Ct. App. 2006).

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Shagalow v. State, Dep't of Human Servs., 725 N.W.2d 380 (Minn. Ct. App. 2006). · cites it 4× “Likewise, while Minnesota law permits payment of Medical Assistance to licensed Canadian institutions under some circumstances, Minn.Stat. § 256B.25, subd. 1 (2004), appellant cannot point to any explicit legal provisions requiring DHS to pay for habil-itation or other services…”

LeZALLA v. State, 366 N.W.2d 395 (Minn. Ct. App. 1985). · cites it 4× “641, § 13, codified at Minn.Stat. § 256B.25 (1984), provides that with several exceptions the payment of state or county funds to nursing homes shall be made only through the medical assistance program.”

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