Minnesota Statutes

Minn. Stat. § 256B.48 (2026)

Conditions For Participation

✓ current as of May 2026
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Subdivision 1.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 1a.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 1b.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 1c.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 2.Reporting requirements.

(a) No later than December 31 of each year, an intermediate care facility, including boarding care facilities, which receives medical assistance payments or other reimbursements from the state agency shall:

(1) provide the state agency with a copy of its audited financial statements;

(2) provide the state agency with a statement of ownership for the facility;

(3) provide the state agency with separate, audited financial statements for every other facility owned in whole or part by an individual or entity which has an ownership interest in the facility;

(4) upon request, provide the state agency with separate, audited financial statements for every organization with which the facility conducts business and which is owned in whole or in part by an individual or entity which has an ownership interest in the facility;

(5) provide the state agency with copies of leases, purchase agreements, and other documents related to the lease or purchase of the facility; and

(6) upon request, provide the state agency with copies of leases, purchase agreements, and other documents related to the acquisition of equipment, goods, and services which are claimed as allowable costs.

(b) Audited financial statements submitted under paragraph (a) must include a balance sheet, income statement, statement of the rate or rates charged to private paying residents, statement of retained earnings, statement of cash flows, notes to the financial statements, audited applicable supplemental information, and the certified public accountant's report. Certified public accountants must conduct audits in accordance with chapter 326A. The cost of an audit shall not be an allowable cost unless the intermediate care facility submits its audited financial statements in the manner otherwise specified in this subdivision. An intermediate care facility must permit access by the state agency to the certified public accountant's work papers that support the audited financial statements submitted under paragraph (a).

(c) Documents or information provided to the state agency pursuant to this subdivision shall be public.

(d) If the requirements of paragraphs (a) and (b) are not met, the reimbursement rate may be reduced to 80 percent of the rate in effect on the first day of the fourth calendar month after the close of the reporting period and the reduction shall continue until the requirements are met.

(e) Intermediate care facilities for the developmentally disabled must maintain statistical and accounting records in sufficient detail to support information contained in the facility's cost report for at least six years, including the year following the submission of the cost report. For computerized accounting systems, the records must include copies of electronically generated media such as magnetic discs and tapes.

Subd. 3.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 3a.Audit adjustments.

If the commissioner requests supporting documentation during an audit for an item of cost reported by an intermediate care facility, and the facility's response does not adequately document the item of cost, the commissioner may make reasoned assumptions considered appropriate in the absence of the requested documentation to reasonably establish a payment rate rather than disallow the entire item of cost. This provision shall not diminish the facility's appeal rights.

Subd. 4.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 5.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 6.

[Repealed, 2012 c 247 art 4 s 51]

Subd. 6a.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 7.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 8.

[Repealed, 2016 c 99 art 1 s 43]

Subd. 9.

[Repealed, 2000 c 449 s 15]

Notes of Decisions
Cited in 13 cases, 1979–2009 · leading case: Good Neighbor Care Centers, Inc. v. Minnesota Dep't of Human Servs., 428 N.W.2d 397 (Minn. Ct. App. 1988).
Good Neighbor Care Centers, Inc. v. Minnesota Dep't of Human Servs., 428 N.W.2d 397 (Minn. Ct. App. 1988). · cites it 19× “Minnesota’s Equalization Law, Minn.Stat. § 256B.48, subd. 1 (1986), requires nursing homes to charge private paying residents the same rates paid for the care of MA residents.”
Highland Chateau v. MN. DEPT. OF PUB. WELFARE, 356 N.W.2d 804 (Minn. Ct. App. 1984). · cites it 12× “Highland challenged DPW's interpretation and enforcement of Minn. Stat. § 256B.48, subd. 1(a), the "rate equalization law.”
Schmidt v. Apple Valley Health Care Ctr., Inc., 460 N.W.2d 349 (Minn. Ct. App. 1990). · cites it 14× “Respondent charged this action violated Minn.Stat. § 256B.48, subd. 1 (1986) (nursing home rate equalization law).”
Minnesota Ass'n of Homes for the Aging v. Dep't of Human Servs., 385 N.W.2d 65 (Minn. Ct. App. 1986). · cites it 4× “Minn.Stat. § 256B.48, subd. 1(a) (1984). However, nursing homes may charge private paying residents a higher rate for a private room.”
Minnesota Ass'n of Health Care Facilities, Inc. v. Minnesota Dep't of Pub. Welfare, 742 F.2d 442 (8th Cir. 1984). · cites it 3× “If a nursing home chooses to participate in the Medicaid program it must comply with conditions established by Minn.Stat. § 256B.48. On April 13,1976, the Minnesota legislature approved the following pertinent language: Subdivision 1.”
Broen Mem'l Home v. Minnesota Dep't of Human Servs., 364 N.W.2d 436 (Minn. Ct. App. 1985). · cites it 2× “See Minn.Stat. § 256B.48, subd. 1(a) (1984). Broen argues because of equalization both welfare and private patients should be counted in determining welfare patient days.”
Rate Appeal of Midway Care Ctr., Inc. v. Minnesota Comm'r of Human Servs., 615 N.W.2d 863 (Minn. Ct. App. 2000). · cites it 10× “The administrative law judge (ALJ) recommended applying the “reasoned assumption” statute, Minn.Stat. § 256B.48, subd. 3a, (1998), and setting Potvin’s compensation at the average per-bed rate of long-term care administrator compensation for non-metro facilities during the…”
Minnesota Ass'n of Health Care Facilities, Inc. v. Minnesota Dep't of Pubic Welfare, 602 F.2d 150 (8th Cir. 1979). · cites it 3× “(hereinafter MAHCF) and four member nursing homes 3 to challenge the validity of Regulations of the Minnesota Department of Public Welfare, for Determining Welfare Per Diem Rates for Nursing Home Providers under the Title XIX Medical Assistance Program (hereinafter DPW Rule 49)…”
Bernstein v. Extendicare Health Servs., Inc., 653 F. Supp. 2d 939 (D. Minnesota 2009). · cites it 2× “29 (Minnesota Health Care Bill of Rights provision governing transfers and discharges); Minn.Stat. § 256B.48, subd. 1(e) (providing that a nursing home may not receive medical assistance payments unless it refrains from discrimination "in admissions, services offered, or room…”
In re the Contested Case of Mapleton Cmty. Home, Inc., 373 N.W.2d 815 (Minn. Ct. App. 1985). · cites it 2× “Minn.Stat. § 256B.48; Minn.Rule 9510.0130, subp.”
LeZALLA v. State, 366 N.W.2d 395 (Minn. Ct. App. 1985). · cites it 14× “In 1976 the legislature enacted Minn. Stat. § 256B.48, subd. 1(a), the equalization law.”
Highland Chateau, Inc. v. Minnesota Dep't of Pub. Welfare, 356 N.W.2d 800 (Minn. Ct. App. 1984). · cites it 12× “Highland challenged DPW’s interpretation and enforcement of Minn. Stat. § 256B.48, subd. 1(a), the “rate equalization law.”
— Minn. Stat. § 256B.48(l)(a) — 2 cases
Minnesota Ass'n of Health Care Facilities, Inc. v. Minnesota Dep't of Pubic Welfare, 602 F.2d 150 (8th Cir. 1979). “(hereinafter MAHCF) and four member nursing homes 3 to challenge the validity of Regulations of the Minnesota Department of Public Welfare, for Determining Welfare Per Diem Rates for Nursing Home Providers under the Title XIX Medical Assistance Program (hereinafter DPW Rule 49)…”
Minnesota Ass'n of Health Care Facilities, Inc. v. Minnesota Dep't of Pub. Welfare, 742 F.2d 442 (8th Cir. 1984). “If a nursing home chooses to participate in the Medicaid program it must comply with conditions established by Minn.Stat. § 256B.48. On April 13,1976, the Minnesota legislature approved the following pertinent language: Subdivision 1.”
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