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Information for Facility Owners/CEOs

Although there are a few exceptions (See MS 144A.04 subd.5), almost all of the 385 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 and the Minnesota Department of Health of who you are placing "temporarily in charge of the facility." You may notify the Board and MDH in writing by mail or fax. If hiring a current licensee, they may notify both BENHA and MDH by going to Online Services for Licensees at top to update their Administrator of Record Information.

    Facility and Provider Compliance Division
    85 E. 7th Place, Suite 300
    PO Box 64900
    St. Paul, MN  55101
    Fax 651-215-8709 
  • 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 administrator’s termination). Notify the Department of Health at address above of the person appointed.
  • 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 may be 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 licensure by the agency or board.