Notice of Proposed Amendment to Rules of the Minnesota Department of Human Services Governing the Use of Random Sample Extrapolation in Monetary Recovery

The Minnesota Department of Human Services (Department) intends to adopt amendments to rules governing use of random extrapolation in monetary recovery at Minnesota Rules, part 9505.2220, without a public hearing following the procedures in the Administrative Procedure Act and applicable rules. If, however, 25 or more people submit a written request for a hearing on the rules by 4:30 p.m. on Dec. 31, 2020, the Department will hold a virtual public hearing on the proposed rule changes, conducted by an Administrative Law Judge.

The Department’s Surveillance and Integrity Review Section (SIRS) uses random sample extrapolation to identify and recover overpaid Minnesota Health Care Programs (MHCP) funds. The current language in the rule part governing this method is unclear, relies on a 40-year-old text book and requires SIRS to issue a notice to a provider of its sampling method before drawing the sample. Collectively, these issues render the rule part inefficient and lacking in technical precision. The Department is amending the rule to remove the reliance on the textbook, clarify the sampling extrapolation methodologies that are acceptable, and remove the requirement that the provider be notified of the sampling method before the sample is drawn.

 

The Department will publish a Dual Notice of Intent to Adopt Rules (PDF) in the Nov. 23, 2020, State Register. If you would like to comment or request a hearing, please follow the procedure described in the Notice. You have until 4:30 p.m. on Dec. 31, 2020, to comment or request a hearing.

 

Information about this and other rulemaking projects, including the proposed rule amendments (PDF) and Statement of Need and Reasonableness (PDF) for this rulemaking, can be found on the Department’s Rulemaking Docket webpage.

 

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