As defined in Regulation 13 CSR 40-2.080(1), it is possible for a County Court or other public agency to classify a publicly owned institution as non-public or private. Public property that is under private control and management may be classified as a non-public or private facility.
When a County Court or other public agency leases a county home or similar institution to private persons, and recipients of public assistance are to be given care in the institution, send a copy of the lease and a report to the State Office. Indicate whether the institution is publicly or privately managed and controlled. Include information such as source of financial support, staff selection procedures, admission policies, operational control processes, etc. Based on the report information, the State Office determines whether the institution is public or private, and advises the local FSD office. Assistance payments may not be made to claimants residing in a leased County Home until the State Office determines the facility is not a public institution.
Changes in the lease (e.g., change of provisions in the lease, institution leased to a different lessor, etc.) or renewal of the lease requires submission of another report with a copy of the changed or renewed lease to the State Office.