Duration and termination of contracts.

deleted text begin (a) Subject to available resources, the commissioner may begin to execute contracts with nursing facilities November 1, 1995. deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end All contracts entered into under this section are for a term not to exceed four years. Either party may terminate a contract at any time without cause by providing 90 calendar days advance written notice to the other party. The decision to terminate a contract is not appealable. deleted text begin Notwithstanding section 16C.05, subdivision 2 , paragraph (a), clause (5), the contract shall be renegotiated for additional terms of up to four years, unless either party provides written notice of termination. deleted text end The provisions of the contract shall be renegotiated at a minimum of every four years by the parties prior to the expiration date of the contract. The parties may voluntarily deleted text begin renegotiate deleted text end new text begin amend new text end the terms of the contract at any time by mutual agreement.

deleted text begin (c) deleted text end new text begin (b) new text end If a nursing facility fails to comply with the terms of a contract, the commissioner shall provide reasonable notice regarding the breach of contract and a reasonable opportunity for the facility to come into compliance. If the facility fails to come into compliance or to remain in compliance, the commissioner may terminate the contract. deleted text begin If a contract is terminated, the contract payment remains in effect for the remainder of the rate year in which the contract was terminated, but in all other respects the provisions of this section do not apply to that facility effective the date the contract is terminated. The contract shall contain a provision governing the transition back to the cost-based reimbursement system established under section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080 . A contract entered into under this section may be amended by mutual agreement of the parties. deleted text end