Minnesota Administrative Rules

9535.2800 REVISION PROCEDURES FOR APPROVED BUDGETS AND OBJECTIVES.

Subpart 1.

Definitions.

The terms "approved new program costs" and "approved objectives," as used in subparts 2, item A, and 3, mean those new program costs and objectives contained in an application for a grant approved by the commissioner under part 9535.2200, subpart 6.

Subp. 2.

Budget revision.

After a grant award is made and as long as state funds are used for eligible expenditures under parts 9535.2000 to 9535.3000, budget revisions, including transfers between approved facilities within a county, may be made under the following conditions:

A.

Revisions totaling up to ten percent of a facility's approved new program costs may be made with county board approval only. Revisions totaling in excess of that amount require both county board and commissioner's approval.

B.

All requests for budget revision approval must include the reason for the revision and a statement as to how the revision will affect program objectives.

Subp. 3.

Revision of objectives.

Approved objectives may be revised under the following conditions:

A.

When a facility becomes aware that it will not be able to attain or maintain licensure as required by part 9535.2200, subpart 5, it shall immediately notify the county board and the commissioner. The facility and the county board shall either:

(1)

immediately repay to the commissioner the remainder of the grant; or

(2)

obtain approval from the commissioner to meet the required objectives at a later date.

B.

The commissioner shall grant the approval required under item A, subitem 2 if, in the commissioner's judgment:

(1)

the failure to meet the required objectives is due to circumstances beyond the control of the facility and the county board; and

(2)

the facility submits a realistic, time-specified plan which includes revised objectives to attain licensure under parts 9520.0500 to 9520.0690 as soon as possible, but no later than 12 months from the effective date of the grant award.

C.

The facility shall request county board and commissioner's approval at least 20 days prior to: a change in licensed capacity, a move to another location, or a major change in programming, such as a change in the target population or a shift from internal to external provision of services.

D.

The facility shall consult with the commissioner prior to hiring or changing the program director, to assure compliance with the qualifications in parts 9520.0500 to 9520.0690.

E.

The facility shall notify the county board and the commissioner prior to a change in ownership.

F.

The facility may revise objectives other than those relating to items in subpart 3, items A to C without the commissioner's approval, as long as the revised objectives do not conflict with parts 9535.2000 to 9535.3000.

Subp. 4.

Delegation of county board approval.

The county board may delegate its approval of budget and objective revisions if the delegation is specified in the county board minutes.

Subp. 5.

Commissioner's approval.

The commissioner shall not grant approval for revisions unless the revisions are consistent with parts 9535.2000 to 9535.3000.

Statutory Authority:

MS s 245.73

Published Electronically:

October 15, 2013