Minnesota Legislature
HF 967
as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 05:20pm
Current Version - as introduced
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A bill for an act
relating to health; modifying requirements for a hospital or hospital campus closure,
service curtailment, or service relocation; establishing a right of first refusal for
hospitals; amending Minnesota Statutes 2018, section 144.555; proposing coding
for new law in Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 144.555, is amended to read:
144.555 HOSPITAL new text begin OR CAMPUS new text end CLOSINGSnew text begin , SERVICE CURTAILMENT, OR
RELOCATION OF SERVICESnew text end ; PATIENT RELOCATIONS.
Subdivision 1.
Notice of closing deleted text begin ordeleted text end new text begin ,new text end curtailingnew text begin , or relocatingnew text end service.
If a facility
licensed under sections 144.50 to 144.56new text begin , or a campus of a facility licensed under sections
144.50 to 144.56,new text end voluntarily plans to cease operations deleted text begin or todeleted text end new text begin ,new text end curtail operations to the extent
that patients or residents must be relocatednew text begin , or relocate the provision of health services to
another facility or another campus of the facilitynew text end , the controlling persons of the facilitynew text begin
planning to cease, curtail, or relocate servicesnew text end must notify the commissioner of health at
least deleted text begin 90 daysdeleted text end new text begin nine monthsnew text end before the scheduled cessation deleted text begin ordeleted text end new text begin ,new text end curtailmentnew text begin , or relocation of
servicesnew text end . The commissioner shall cooperate with the controlling persons and advise them
about relocating deleted text begin thedeleted text end new text begin anynew text end patients or residentsdeleted text begin .deleted text end new text begin , to the extent they must be relocated. If a
facility or campus of the facility voluntarily plans to cease operations, the controlling persons
of the facility must also comply with section 144.556.
new text end
new text begin Subd. 1a. new text end
new text begin Public hearing. new text end
new text begin
Upon receiving notice under subdivision 1, the commissioner
shall conduct a public hearing on the scheduled cessation or curtailment of operations, or
relocation of services from the facility or campus of the facility. The commissioner must
provide adequate public notice of the hearing in a time and manner determined by the
commissioner. The public hearing must be conducted in the community where the facility
or campus of the facility is located at least six months before the scheduled cessation,
curtailment, or relocation of services. The public hearing must include:
new text end
new text begin
(1) an explanation by controlling persons of the facility of the reasons for ceasing
operations, curtailing operations, or relocating the provision of health services to another
hospital campus or facility;
new text end
new text begin
(2) a description of the actions that controlling persons of the facility will take to ensure
that residents in the facility's or campus's service area have continued access to those health
services to be eliminated, curtailed, or relocated;
new text end
new text begin
(3) an opportunity for public testimony on the scheduled cessation, curtailment, or
relocation of services, and on the facility's plan to ensure continued access to those health
services to be eliminated, curtailed, or relocated; and
new text end
new text begin
(4) an opportunity for controlling persons of the facility to respond to questions from
interested persons.
new text end
Subd. 2.
Penalty.
Failure to notify the commissioner under subdivision 1 new text begin or to participate
in a public hearing under subdivision 1a new text end may result in issuance of a correction order under
section 144.653, subdivision 5.
Sec. 2.
new text begin
[144.556] RIGHT OF FIRST REFUSAL FOR HOSPITALS.
new text end
new text begin
(a) The controlling persons of a hospital licensed under sections 144.50 to 144.56 shall
not sell or convey the hospital or a campus of the hospital, offer to sell or convey the hospital
or a campus of the hospital, or voluntarily cease operations of the hospital or a campus of
the hospital unless the controlling persons have first made a good faith offer to sell or convey
the hospital or a campus of the hospital to the home rule charter or statutory city, county,
town, or hospital district in which the hospital or a campus of the hospital is located.
new text end
new text begin
(b) The offer to sell or convey the hospital or a campus of the hospital must be at a price
that does not exceed the current fair market value of the hospital or a campus of the hospital.
A party to whom an offer is made under paragraph (a) must accept or decline the offer
within 60 days of receipt. If the party fails to respond within 60 days of receipt, the offer is
deemed declined.
new text end