All of the skilled nursing facilities in Minnesota are required by federal law to employ an administrator licensed by the Board of Examiners for Nursing Home Administrators (BENHA). (See also Minn. Rules 4658.0055)
The owners and/or boards of directors of licensed nursing facilities are responsible for hiring an administrator and delegating to him/her, in writing, authorities for operation of the facility in accordance with law and established policy. (See Minn. rules 4658.0050.)
The following information is designed to aid owners/boards of directors in the hiring of administrators.
As soon as you learn that your current administrator is leaving:
- Begin recruiting a permanent replacement who is (or will be within 6 months) licensed in Minnesota. See Requirements For Initial Licensure and Requirements If Already Licensed In Another State in the Applicants section of this web site and Minn.Rules 6400.6000 and 6400.6560.)
- You may contact MN-BENHA for help in recruiting a licensed administrator. BENHA maintains a resume file of board licensees who have indicated their availability to serve Minnesota facilities on an interim or permanent basis.Contact the board office to request an emailed list of those licensees.
Within 5 days of the termination of your previous administrator, notify BENHA, the Minnesota Department of Health and the Minnesota Department of Human Services of the termination. The easiest method is to have the departing Administrator of Record go online and document their end of service online. This notifies all three parties of the end of their responsibility for the organization. The owner/board may also formally notify BENHA in writing of the change in administrators and staff will insert the end date. The owner/board should review their internal delegation of authority to assure that the policy is effective and that the facility has someone officially placed as temporarily in charge of the facility. You may notify the Board and MDH in writing by mail or fax. If hiring a current licensee, the LNHA is required to notify BENHA, MDH and DHS within five days of the beginning of the Administrator of Record by updating their online record.
If the LNHA electronic record is not updated and the facility wishes to document the change by mail, each agency must be notified of their change in Administrators.
Within 30 days of the termination of the previous administrator, either appoint a fully licensed administrator (on a permanent or interim basis) or obtain a permit for an appropriate person to serve as the acting administrator (appointee must apply to BENHA, pass the state exam, and obtain the permit within 30 days from previous administrators termination).
Federal Regulations 42 CFR 431.710: To fill a position of nursing home administrator that unexpectedly becomes vacant, the agency or board may issue one provisional license, for a single period not to exceed 6 months. The license maybe issued to a person who does not meet all the licensing requirements established under 431.707 but who;
a) Is of good character and otherwise suitable; and
b) Meets any other standards for established provisional licensureby the agency or board.