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.