Minnesota

The grounds, as Minnesota describes them

Minnesota's captured statutes state a standard rather than an enumeration. § 144.651, subdivision 29 (Minnesota Revisor of Statutes, retrieved 2026-09-17): "Residents shall not be arbitrarily transferred or discharged."

The same subdivision names circumstances under which the notice period, not the right to transfer or discharge, may be shortened: "a determination by utilization review, the accommodation of newly admitted residents, a change in the resident's medical or treatment program, the resident's own or another resident's welfare, or nonpayment for stay unless prohibited by the public program or programs paying for the resident's care, as documented in the medical record." These are quoted here because they are the closest thing the statute states to a list of reasons a move might happen sooner than the standard notice allows — they are not read as permissible grounds, and nothing from the federal page is borrowed to fill the gap.

Minnesota Rules chapter 4658, the Department of Health's nursing-home rule chapter, was reviewed part by part against the Revisor's own rule-listing page for the chapter (checked, not quoted, since nothing on this page draws from it directly) for a rule that might enumerate grounds the way a sibling state's administrative code does. None does. The chapter's resident-rights group of parts states policies on room assignment, medication administration, and freedom from restraint, not transfer or discharge grounds. The one part titled for the subject, 4658.0465 (Minnesota Revisor of Statutes, "Published Electronically: October 11, 2007", retrieved 2026-09-17), is a clinical-record documentation rule: "TRANSFER, DISCHARGE, AND DEATH." states that "When a resident is transferred or discharged for any reason other than death, the nursing home must compile a discharge summary that includes the date and time of transfer or discharge, reason for transfer or discharge, transfer or discharge diagnoses, and condition", and that this summary be sent to a receiving facility — but it states no basis on which a transfer or discharge may be made. This is stated as a searched absence, not inferred from silence alone.

The published process

Requesting the hearing

§ 144A.135(a) (Minnesota Revisor of Statutes, retrieved 2026-09-17): "The commissioner shall establish a mechanism for hearing appeals on transfers and discharges of residents by nursing homes or boarding care homes licensed by the commissioner." Paragraph (b): "Until federal regulations are adopted under sections 1819(f)(3) and 1919(f)(3) of the Social Security Act that govern appeals of the discharges or transfers of residents from nursing homes and boarding care homes certified for participation in Medicare or medical assistance, the commissioner shall provide hearings under sections 14.57 to 14.62 and the rules adopted by the Office of Administrative Hearings governing contested cases. To appeal the discharge or transfer, or notification of an intended discharge or transfer, a resident or the resident's representative must request a hearing in writing no later than 30 days after receiving written notice, which conforms to state and federal law, of the intended discharge or transfer."

The statute names no office, address, or form for that written request. The Department of Health's own "Nursing Home Discharge Appeals" page (health.state.mn.us, "Last Updated: 06/25/2026", retrieved 2026-09-17) states the route: "Residents of nursing homes who are being involuntarily transferred or discharged by the facility have the right to appeal the proposed transfer or discharge. To appeal, please complete and submit an HRD Appeals Submission Form", with instructions to "Choose "Nursing Home Discharge Appeal" from the Type of Appeal dropdown" and to "Please attach a copy of the discharge notice issued by the facility, if available." The same page restates the filing window ("The appeal must be submitted within 30 days of receiving the discharge/transfer notice") and describes what follows: "Upon receiving the appeal, MDH will coordinate with the facility and appellant on potential prehearing and/or hearing dates. MDH will then submit a docket request to the Court of Administrative Hearings." That page's own phrase, "Court of Administrative Hearings", is reproduced as published; Minnesota's contested-case hearings are otherwise conducted by the state's Office of Administrative Hearings, and the two sources are not reconciled here.

On timing and place, § 144A.135(c): "Hearings under this section shall be held no later than 14 days after receipt of the request for hearing, unless impractical to do so or unless the parties agree otherwise. Hearings shall be held in the facility in which the resident resides, unless impractical to do so or unless the parties agree otherwise." The Department of Health's page states the same rule in its own words: "The hearing must be held within 14 calendar days at the facility where the appellant lives unless it would be impractical or the parties agree otherwise."

On pendency and remedy, § 144A.135(d): "A resident who timely appeals a notice of discharge or transfer, and who resides in a certified nursing home or boarding care home, may not be discharged or transferred by the nursing home or boarding care home until resolution of the appeal. The commissioner can order the facility to readmit the resident if the discharge or transfer was in violation of state or federal law. If the resident is required to be hospitalized for medical necessity before resolution of the appeal, the facility shall readmit the resident unless the resident's attending physician, advanced practice registered nurse, or physician assistant documents, in writing, why the resident's specific health care needs cannot be met in the facility." The Department of Health's page states its own version of the pendency rule: "While the appeal is pending, the appellant may not be discharged from the facility."

One statutory exception to pendency is stated at § 144A.135(g): "A person required to inform a health care facility of the person's status as a registered predatory offender under section 243.166, subdivision 4b, who knowingly fails to do so shall be deemed to have endangered the safety of individuals in the facility under Code of Federal Regulations, chapter 42, section 483.12. Notwithstanding paragraph (d), any appeal of the notice and discharge shall not constitute a stay of the discharge."

The notice's required contents

§ 144.651, subdivision 29 states the notice's contents directly: "Residents must be notified, in writing, of the proposed discharge or transfer and its justification no later than 30 days before discharge from the facility and seven days before transfer to another room within the facility. This notice shall include the resident's right to contest the proposed action, with the address and telephone number of the area nursing home ombudsman pursuant to the Older Americans Act, section 307(a)(12)." A neighboring subdivision of the same statute, quoted in the same source, adds a posting requirement rather than a per-notice one: "Notice of the grievance procedure of the facility or program, as well as addresses and telephone numbers for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place."

Bed-hold and return

Minnesota Rules 9505.0415, the rule captioned LONG-TERM CARE FACILITIES; LEAVE DAYS (Minnesota Revisor of Statutes, "Published Electronically: October 21, 2014", retrieved 2026-09-17), is the state's Medicaid bed-hold rule. It defines the terms and states the reservation duty: ""Reserved bed" means the same bed that a recipient occupied before leaving the facility for hospital leave or therapeutic leave or an appropriately certified bed if the recipient's physical condition upon returning to the facility prohibits access to the bed he or she occupied before the leave." On payment: "A leave day is eligible for payment under medical assistance, subject to the limitations of this part. The leave day must be for hospital leave or therapeutic leave of a recipient who has not been discharged from the long-term care facility. A reserved bed must be held for a recipient on hospital leave or therapeutic leave."

The rule states two separate payment limits rather than one. For hospital leave: "Payment for leave days for hospital leave is limited to 18 consecutive days for each separate and distinct episode of medically necessary hospitalization." For therapeutic leave, the limit runs by the kind of facility service the recipient receives: "recipients receiving skilled nursing facility services as provided in part 9505.0420, subpart 2, 36 leave days per calendar year", the same period for intermediate care facility services under subpart 3, and "recipients receiving intermediate care facility, developmentally disabled services as provided in part 9505.0420, subpart 4, 72 leave days per calendar year", with up to 48 additional days the commissioner may approve for family activities under stated conditions, and, for "recipients residing in a long-term care facility that has a license to provide services for persons with physical disabilities as provided in parts 9570.2000 to 9570.3400, 72 leave days per calendar year."

The rule states nothing about what happens to a resident's placement once a leave-day limit is exceeded — no readmission or first-available-bed statement, unlike the appeal statute's own hospitalization sentence quoted above. That absence is stated rather than filled; the appeal statute's readmission duty when a resident "is required to be hospitalized for medical necessity before resolution of the appeal" is a distinct provision, tied to a pending appeal rather than to the Medicaid leave-day limit, and is not read as answering the rule's silence.

The three rows above hoist the questions a facility's counsel answers in the first fifteen minutes. They are quotations from Minnesota's published sources, not a determination that any of them applies to any situation.

Notice periods and deadlines, as stated in the sources

All quoted; none calculated.

Thirty days' notice for a discharge from the facility — § 144.651, subd. 29, quoted in full above.

Seven days' notice for a transfer to another room within the facility — § 144.651, subd. 29, same sentence.

Thirty days to request the hearing — § 144A.135(b), quoted in full above.

Fourteen days to the hearing — § 144A.135(c): "Hearings under this section shall be held no later than 14 days after receipt of the request for hearing, unless impractical to do so or unless the parties agree otherwise."

Eighteen consecutive days of hospital leave per hospitalization episode — Minn. R. 9505.0415, subp. 5, quoted in full above.

Thirty-six or seventy-two therapeutic leave days per calendar year, depending on the facility service the recipient receives, with up to 48 additional days for family activities under stated conditions — Minn. R. 9505.0415, subp. 6, quoted in full above.

What any of these periods means for a particular case is for the hearing office to determine.

Source map

Captured: all six, in tools/packets/minnesota-packet.txt. The Revisor's own rule-listing page for chapter 4658 was checked, not captured, since nothing on this page quotes it directly; part 4658.0465, the one part titled for the subject, is captured and quoted in section 01. Pending: any first-party statement reconciling "Court of Administrative Hearings" (the Department of Health's own phrase) with the Office of Administrative Hearings that conducts Minnesota's contested-case hearings generally.

Change log

2026-09-17 — Deepened from baseline to full page. Findings (7) through (10) continue the baseline entry's numbering.

Newly captured: the Department of Health's "Nursing Home Discharge Appeals" page (source 4), which states the filing route § 144A.135 itself does not — an online HRD Appeals Submission Form, with instructions to choose "Nursing Home Discharge Appeal" from the form's own dropdown; Minnesota Rules 9505.0415, the Medicaid bed-hold rule captioned LONG-TERM CARE FACILITIES; LEAVE DAYS (source 5), found by reading the Revisor's own chapter-9505 rule listing after confirming Minn. Stat. § 256B.435 (my first guess at the citation) is repealed; and Minnesota Rules 4658.0465, TRANSFER, DISCHARGE, AND DEATH (source 6), captured to support finding (7) below. All three were captured by plain curl, source 4 with a browser user-agent (health.state.mn.us returns HTTP 403 to curl's bare user-agent) and sources 5 and 6 with none needed, through the same Revisor template as sources 1 and 2. Source 3 (mn.gov/ooltc/) was re-captured through the session browser, as before, because mn.gov's bot-management challenge still returns a 302 to curl regardless of user-agent; the resupplied capture holds the same substantive text as the 2026-09-15 capture, with less surrounding navigation markup trimmed before supply — a difference in what was handed to the extractor, not in what the page states.

Findings: (7) Minnesota Rules chapter 4658 — capture-pending in the baseline entry — was read part by part against the Revisor's own rule-listing page for the chapter and states no enumeration of grounds anywhere in it; its resident-rights group of parts and its one transfer/discharge-titled part (4658.0465, now captured) are both about matters other than grounds, the latter a clinical-record documentation duty (what a discharge summary must contain). This resolves the baseline's pending item as a confirmed absence rather than leaving it open. (8) The appeal statute's pendency paragraph, § 144A.135(d), carries a third sentence not previously quoted on this page: where a resident is hospitalized for medical necessity before the appeal is resolved, the facility must readmit the resident "unless the resident's attending physician, advanced practice registered nurse, or physician assistant documents, in writing, why the resident's specific health care needs cannot be met in the facility." This sentence was already inside the standing packet's source 2 text at the 2026-08-30 and 2026-09-15 captures; it went unquoted because section 02 had not yet been written, not because the source changed. (9) Minnesota's own Medicaid bed-hold rule states two payment limits with different units and different triggers — a per-hospitalization-episode limit for hospital leave, a per-calendar-year limit by facility-service type for therapeutic leave — and states nothing about what happens to the resident's placement once either limit is exceeded; that silence is recorded rather than filled from the appeal statute's separate, pendency-triggered readmission duty. (10) The Department of Health's own filing-route page names the body that dockets the hearing as the "Court of Administrative Hearings", which is not the name of the body that conducts Minnesota contested-case hearings generally (the Office of Administrative Hearings, named in § 144A.135(b) itself); both are quoted as published and the discrepancy is not reconciled. Recipe: tools/recipes/minnesota.json extended with sources 4, 5 and 6 (existing sources 1-3 unchanged); recipe digest 58989314ea0a. Markdown and HTML fidelity: zero failures against the six-source packet. Capture pending: the "Court of Administrative Hearings" naming discrepancy noted above, should a reconciling first-party page ever be found. Internet Archive: not yet submitted for the three new sources. Reviewer: Carrie Schluter, reviewed 2026-09-17.

2026-08-30 — Baseline page built from the first Minnesota packet: docket, lede, source map, change log. Not yet captured or written: section 01 (the grounds, as Minnesota describes them) and section 02 (the published process, including the notice's required contents, bed-hold and return, and the notice-periods register). Findings: (1) Minnesota states a standard rather than an enumeration — residents "shall not be arbitrarily transferred or discharged" — and the circumstances § 144.651 lists are stated as reasons the notice period may be shortened, not as permissible grounds. The grounds row says so rather than reading the shortening list as a grounds list, and nothing is borrowed from the federal page. (2) The notice periods are thirty days for a discharge from the facility and seven days for a move to another room within it. (3) The appeal window is thirty days from receipt, and § 144A.135 states no office, address or form for the written request; the absence is stated rather than filled. (4) Minnesota is alone so far in stating where the hearing happens: in the facility where the resident resides, unless impractical or the parties agree otherwise, within fourteen days of the request. (5) Paragraph (g) of § 144A.135 states one circumstance in which an appeal does not stay the discharge, concerning a person who fails to disclose registered predatory offender status; it is captured and will be quoted in section 02 when that section is written. (6) The statutes carry the Revisor's notice that the section has been affected by 2026 session law, with subdivisions amended by Chapter 95; the capture retains those notes, and this page quotes the section text the Revisor currently publishes. (7) No first-party statement of a Minnesota Medicaid bed-hold period was captured. Capture pending: per the source map. Internet Archive: not yet submitted. Reviewer: Carrie Schluter, reviewed 2026-08-30. Corrections: hello@fieldassembly.net.