HF 1407

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying the terms of certain 
  1.3             health-related advisory councils, committees, and task 
  1.4             forces; transferring certain enforcement authority 
  1.5             related to the provision of funeral goods and 
  1.6             services; modifying provisions for public health 
  1.7             collaboration plans; modifying rural hospital programs 
  1.8             eligibility; repealing professional boxing regulation; 
  1.9             amending Minnesota Statutes 2000, sections 15.059, 
  1.10            subdivision 5a; 62J.692, subdivision 2; 62Q.03, 
  1.11            subdivision 5a; 62Q.075; 115.741, subdivision 3; 
  1.12            144.147, subdivision 1; 144.148, subdivision 1; 
  1.13            144.1481, subdivision 1; 144.1483; 144.6905, 
  1.14            subdivision 1; 145.881, subdivision 1; 145A.10, 
  1.15            subdivision 10; 149A.01, by adding a subdivision; 
  1.16            149A.02, subdivision 14, and by adding a subdivision; 
  1.17            149A.11; 149A.62; 149A.71, subdivision 4; and 149A.97, 
  1.18            subdivision 8; repealing Minnesota Statutes 2000, 
  1.19            section 144.994. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2000, section 15.059, 
  1.22  subdivision 5a, is amended to read: 
  1.23     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
  1.24  5, the advisory councils and committees listed in this 
  1.25  subdivision do not expire June 30, 1997.  These groups expire 
  1.26  June 30, 2001, unless the law creating the group or this 
  1.27  subdivision specifies an earlier expiration date. 
  1.28     Investment advisory council, created in section 11A.08; 
  1.29     Intergovernmental information systems advisory council, 
  1.30  created in section 16B.42, expires June 30, 1999; 
  1.31     Feedlot and manure management advisory committee, created 
  1.32  in section 17.136; 
  2.1      Aquaculture advisory committee, created in section 17.49; 
  2.2      Dairy producers board, created in section 17.76; 
  2.3      Pesticide applicator education and examination review 
  2.4   board, created in section 18B.305; 
  2.5      Advisory seed potato certification task force, created in 
  2.6   section 21.112; 
  2.7      Food safety advisory committee, created in section 28A.20; 
  2.8      Minnesota organic advisory task force, created in section 
  2.9   31.95; 
  2.10     Public programs risk adjustment work group, created in 
  2.11  section 62Q.03; 
  2.12     Workers' compensation self-insurers' advisory committee, 
  2.13  created in section 79A.02; 
  2.14     Youth corps advisory committee, created in section 84.0887; 
  2.15     Iron range off-highway vehicle advisory committee, created 
  2.16  in section 85.013; 
  2.17     Mineral coordinating committee, created in section 93.002; 
  2.18     Game and fish fund citizen advisory committees, created in 
  2.19  section 97A.055; 
  2.20     Wetland heritage advisory committee, created in section 
  2.21  103G.2242; 
  2.22     Wastewater treatment technical advisory committee, created 
  2.23  in section 115.54; 
  2.24     Solid waste management advisory council, created in section 
  2.25  115A.12; 
  2.26     Nuclear waste council, created in section 116C.711; 
  2.27     Genetically engineered organism advisory committee, created 
  2.28  in section 116C.93; 
  2.29     Environment and natural resources trust fund advisory 
  2.30  committee, created in section 116P.06; 
  2.31     Child abuse prevention advisory council, created in section 
  2.32  119A.13; 
  2.33     Chemical abuse and violence prevention council, created in 
  2.34  section 119A.293; 
  2.35     Youth neighborhood centers advisory board, created in 
  2.36  section 119A.295; 
  3.1      Interagency coordinating council, created in section 
  3.2   125A.28, expires June 30, 1999; 
  3.3      Desegregation/integration advisory board, created in 
  3.4   section 124D.892; 
  3.5      Nonpublic education council, created in section 123B.445; 
  3.6      Permanent school fund advisory committee, created in 
  3.7   section 127A.30; 
  3.8      Indian scholarship committee, created in section 124D.84, 
  3.9   subdivision 2; 
  3.10     American Indian education committees, created in section 
  3.11  124D.80; 
  3.12     Summer scholarship advisory committee, created in section 
  3.13  124D.95; 
  3.14     Multicultural education advisory committee, created in 
  3.15  section 124D.894; 
  3.16     Male responsibility and fathering grants review committee, 
  3.17  created in section 124D.33; 
  3.18     Library for the blind and physically handicapped advisory 
  3.19  committee, created in section 134.31; 
  3.20     Higher education advisory council, created in section 
  3.21  136A.031; 
  3.22     Student advisory council, created in section 136A.031; 
  3.23     Cancer surveillance advisory committee, created in section 
  3.24  144.672; 
  3.25     Maternal and child health task force, created in section 
  3.26  145.881; 
  3.27     State community health advisory committee, created in 
  3.28  section 145A.10; 
  3.29     Mississippi River Parkway commission, created in section 
  3.30  161.1419; 
  3.31     School bus safety advisory committee, created in section 
  3.32  169.435; 
  3.33     Advisory council on workers' compensation, created in 
  3.34  section 175.007; 
  3.35     Code enforcement advisory council, created in section 
  3.36  175.008; 
  4.1      Medical services review board, created in section 176.103; 
  4.2      Apprenticeship advisory council, created in section 178.02; 
  4.3      OSHA advisory council, created in section 182.656; 
  4.4      Health professionals services program advisory committee, 
  4.5   created in section 214.32; 
  4.6      Rehabilitation advisory council for the blind, created in 
  4.7   section 248.10; 
  4.8      American Indian advisory council, created in section 
  4.9   254A.035; 
  4.10     Alcohol and other drug abuse advisory council, created in 
  4.11  section 254A.04; 
  4.12     Medical assistance drug formulary committee, created in 
  4.13  section 256B.0625; 
  4.14     Home care advisory committee, created in section 256B.071; 
  4.15     Preadmission screening, alternative care, and home and 
  4.16  community-based services advisory committee, created in section 
  4.17  256B.0911; 
  4.18     Traumatic brain injury advisory committee, created in 
  4.19  section 256B.093; 
  4.20     Minnesota commission serving deaf and hard-of-hearing 
  4.21  people, created in section 256C.28; 
  4.22     American Indian child welfare advisory council, created in 
  4.23  section 260.835; 
  4.24     Juvenile justice advisory committee, created in section 
  4.25  268.29; 
  4.26     Northeast Minnesota economic development fund technical 
  4.27  advisory committees, created in section 298.2213; 
  4.28     Iron range higher education committee, created in section 
  4.29  298.2214; 
  4.30     Northeast Minnesota economic protection trust fund 
  4.31  technical advisory committee, created in section 298.297; 
  4.32     Advisory council on battered women and domestic abuse, 
  4.33  created in section 611A.34. 
  4.34     Sec. 2.  Minnesota Statutes 2000, section 62J.692, 
  4.35  subdivision 2, is amended to read: 
  4.36     Subd. 2.  [MEDICAL EDUCATION AND RESEARCH ADVISORY 
  5.1   COMMITTEE.] The commissioner shall appoint an advisory committee 
  5.2   to provide advice and oversight on the distribution of funds 
  5.3   appropriated for distribution under this section.  In appointing 
  5.4   the members, the commissioner shall:  
  5.5      (1) consider the interest of all stakeholders; 
  5.6      (2) appoint members that represent both urban and rural 
  5.7   interests; and 
  5.8      (3) appoint members that represent ambulatory care as well 
  5.9   as inpatient perspectives.  
  5.10  The commissioner shall appoint to the advisory committee 
  5.11  representatives of the following groups to ensure appropriate 
  5.12  representation of all eligible provider groups and other 
  5.13  stakeholders:  public and private medical researchers; public 
  5.14  and private academic medical centers, including representatives 
  5.15  from academic centers offering accredited training programs for 
  5.16  physicians, pharmacists, chiropractors, dentists, nurses, and 
  5.17  physician assistants; managed care organizations; employers; 
  5.18  consumers and other relevant stakeholders.  The advisory 
  5.19  committee is governed by section 15.059, subdivisions 2 and 4, 
  5.20  for membership terms and removal of members and expires on June 
  5.21  30, 2001.  Notwithstanding section 15.059, subdivision 5, or 
  5.22  other law to the contrary, the advisory committee expires June 
  5.23  30, 2007. 
  5.24     Sec. 3.  Minnesota Statutes 2000, section 62Q.03, 
  5.25  subdivision 5a, is amended to read: 
  5.26     Subd. 5a.  [PUBLIC PROGRAMS.] (a) A separate risk 
  5.27  adjustment system must be developed for state-run public 
  5.28  programs, including medical assistance, general assistance 
  5.29  medical care, and MinnesotaCare.  The system must be developed 
  5.30  in accordance with the general risk adjustment methodologies 
  5.31  described in this section, must include factors in addition to 
  5.32  age and sex adjustment, and may include additional demographic 
  5.33  factors, different targeted conditions, and/or different payment 
  5.34  amounts for conditions.  The risk adjustment system for public 
  5.35  programs must attempt to reflect the special needs related to 
  5.36  poverty, cultural, or language barriers and other needs of the 
  6.1   public program population. 
  6.2      (b) The commissioners of health and human services shall 
  6.3   jointly convene a public programs risk adjustment work group 
  6.4   responsible for advising the commissioners in the design of the 
  6.5   public programs risk adjustment system.  The public programs 
  6.6   risk adjustment work group is governed by section 15.059, 
  6.7   subdivisions 2 and 4, for purposes of membership terms, 
  6.8   expiration, and removal of members.  Notwithstanding section 
  6.9   15.059, subdivision 5, or other law to the contrary, the work 
  6.10  group expires June 30, 2007.  The work group shall meet at the 
  6.11  discretion of the commissioners of health and human services.  
  6.12  The commissioner of health shall work with the risk adjustment 
  6.13  association to ensure coordination between the risk adjustment 
  6.14  systems for the public and private sectors.  The commissioner of 
  6.15  human services shall seek any needed federal approvals necessary 
  6.16  for the inclusion of the medical assistance program in the 
  6.17  public programs risk adjustment system.  
  6.18     (c) The public programs risk adjustment work group must be 
  6.19  representative of the persons served by publicly paid health 
  6.20  programs and providers and health plans that meet their needs.  
  6.21  To the greatest extent possible, the appointing authorities 
  6.22  shall attempt to select representatives that have historically 
  6.23  served a significant number of persons in publicly paid health 
  6.24  programs or the uninsured.  Membership of the work group shall 
  6.25  be as follows: 
  6.26     (1) one provider member appointed by the Minnesota Medical 
  6.27  Association; 
  6.28     (2) two provider members appointed by the Minnesota 
  6.29  Hospital Association, at least one of whom must represent a 
  6.30  major disproportionate share hospital; 
  6.31     (3) five members appointed by the Minnesota Council of 
  6.32  HMOs, one of whom must represent an HMO with fewer than 50,000 
  6.33  enrollees located outside the metropolitan area and one of whom 
  6.34  must represent an HMO with at least 50 percent of total 
  6.35  membership enrolled through a public program; 
  6.36     (4) two representatives of counties appointed by the 
  7.1   Association of Minnesota Counties; 
  7.2      (5) three representatives of organizations representing the 
  7.3   interests of families, children, childless adults, and elderly 
  7.4   persons served by the various publicly paid health programs 
  7.5   appointed by the governor; 
  7.6      (6) two representatives of persons with mental health, 
  7.7   developmental or physical disabilities, chemical dependency, or 
  7.8   chronic illness appointed by the governor; and 
  7.9      (7) three public members appointed by the governor, at 
  7.10  least one of whom must represent a community health board.  The 
  7.11  risk adjustment association may appoint a representative, if a 
  7.12  representative is not otherwise appointed by an appointing 
  7.13  authority. 
  7.14     (d) The commissioners of health and human services, with 
  7.15  the advice of the public programs risk adjustment work group, 
  7.16  shall develop a work plan and time frame and shall coordinate 
  7.17  their efforts with the private sector risk adjustment 
  7.18  association's activities and other state initiatives related to 
  7.19  public program managed care reimbursement. 
  7.20     (e) Before including risk adjustment in a contract for the 
  7.21  prepaid medical assistance program, the prepaid general 
  7.22  assistance medical care program, or the MinnesotaCare program, 
  7.23  the commissioner of human services shall provide to the 
  7.24  contractor an analysis of the expected impact on the contractor 
  7.25  of the implementation of risk adjustment.  This analysis may be 
  7.26  limited by the available data and resources, as determined by 
  7.27  the commissioner, and shall not be binding on future contract 
  7.28  periods.  This paragraph shall not apply if the contractor has 
  7.29  not supplied information to the commissioner related to the risk 
  7.30  adjustment analysis. 
  7.31     (f) The commissioner of human services shall report to the 
  7.32  public program risk adjustment work group on the methodology the 
  7.33  department will use for risk adjustment prior to implementation 
  7.34  of the risk adjustment payment methodology.  Upon completion of 
  7.35  the report to the work group, the commissioner shall phase in 
  7.36  risk adjustment according to the following schedule: 
  8.1      (1) for the first contract year, no more than ten percent 
  8.2   of reimbursements shall be risk adjusted; and 
  8.3      (2) for the second contract year, no more than 30 percent 
  8.4   of reimbursements shall be risk adjusted. 
  8.5      Sec. 4.  Minnesota Statutes 2000, section 62Q.075, is 
  8.6   amended to read: 
  8.7      62Q.075 [LOCAL PUBLIC ACCOUNTABILITY AND COLLABORATION 
  8.8   PLAN.] 
  8.9      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  8.10  "managed care organization" means a health maintenance 
  8.11  organization or community integrated service network. 
  8.12     Subd. 2.  [REQUIREMENT.] Beginning October 31, 1997 2004, 
  8.13  all managed care health maintenance organizations shall file 
  8.14  biennially with the action plans required under section 62Q.07 a 
  8.15  plan every four years with the commissioner of health describing 
  8.16  the actions the managed care health maintenance organization has 
  8.17  taken and those it intends to take to contribute to 
  8.18  achieving one or more high priority public health goals for each 
  8.19  service area in which an enrollee of the managed care 
  8.20  organization resides.  This plan must be jointly developed in 
  8.21  collaboration with the local public health units, and other 
  8.22  community organizations providing health services within the 
  8.23  same service area as the managed care health maintenance 
  8.24  organization.  Local government units with responsibilities and 
  8.25  authority defined under chapters 145A and 256E may designate 
  8.26  individuals to participate in the collaborative planning with 
  8.27  the managed care health maintenance organization to provide 
  8.28  expertise and represent community needs and goals as identified 
  8.29  under chapters 145A and 256E.  Every other year, beginning 
  8.30  October 31, 2002, all health maintenance organizations shall 
  8.31  file reports updating progress on the four-year collaboration 
  8.32  plan. 
  8.33     Subd. 3.  [CONTENTS.] The plan must address the following: 
  8.34     (a) (1) specific measurement strategies and a description 
  8.35  of any activities which contribute to one or more high priority 
  8.36  public health goals and needs of high risk and special needs 
  9.1   populations as defined and developed under chapters 145A and 
  9.2   256E; 
  9.3      (b) (2) description of the process by which the managed 
  9.4   care health maintenance organization will coordinate its 
  9.5   activities with the community health boards, and other relevant 
  9.6   community organizations servicing the same area; 
  9.7      (c) (3) documentation indicating that local public health 
  9.8   units and local government unit designees were involved in the 
  9.9   development of the plan; and 
  9.10     (d) (4) documentation of compliance with the plan filed the 
  9.11  previous year previously, including data on the previously 
  9.12  identified progress measures. 
  9.13     Subd. 4.  [REVIEW.] Upon receipt of the plan, the 
  9.14  appropriate commissioner of health shall provide a copy to the 
  9.15  local community health boards, and other relevant community 
  9.16  organizations within the managed care health maintenance 
  9.17  organization's service area.  After reviewing the plan, these 
  9.18  community groups may submit written comments on the plan 
  9.19  to either the commissioner of health or commerce, as applicable, 
  9.20  and may advise the commissioner of the managed care health 
  9.21  maintenance organization's effectiveness in assisting to achieve 
  9.22  regional high priority public health goals.  The plan may be 
  9.23  reviewed by the county boards, or city councils acting as a 
  9.24  local board of health in accordance with chapter 145A, within 
  9.25  the managed care health maintenance organization's service area 
  9.26  to determine whether the plan is consistent with the goals and 
  9.27  objectives of the plans required under chapters 145A and 256E 
  9.28  and whether the plan meets the needs of the community.  The 
  9.29  county board, or applicable city council, may also review and 
  9.30  make recommendations on the availability and accessibility of 
  9.31  services provided by the managed care health maintenance 
  9.32  organization.  The county board, or applicable city council, may 
  9.33  submit written comments to the appropriate commissioner of 
  9.34  health, and may advise the commissioner of the managed care 
  9.35  health maintenance organization's effectiveness in assisting to 
  9.36  meet the needs and goals as defined under the responsibilities 
 10.1   of chapters 145A and 256E.  The commissioner of health shall 
 10.2   develop recommendations to utilize the written comments 
 10.3   submitted as part of the licensure process to ensure local 
 10.4   public accountability.  These recommendations shall be reported 
 10.5   to the legislative commission on health care access by January 
 10.6   15, 1996.  Copies of these written comments must be provided to 
 10.7   the managed care health maintenance organization.  The plan and 
 10.8   any comments submitted must be filed with the information 
 10.9   clearinghouse to be distributed to the public. 
 10.10     Sec. 5.  Minnesota Statutes 2000, section 115.741, 
 10.11  subdivision 3, is amended to read: 
 10.12     Subd. 3.  [TERMS; COMPENSATION; EXPIRATION.] The terms of 
 10.13  the appointed members and the compensation and removal of all 
 10.14  members are governed by section 15.059, subdivisions 2 to 
 10.15  4.  Notwithstanding section 15.059, subdivision 5, or other law 
 10.16  to the contrary, the advisory council expires June 30, 2007.  
 10.17     Sec. 6.  Minnesota Statutes 2000, section 144.147, 
 10.18  subdivision 1, is amended to read: 
 10.19     Subdivision 1.  [DEFINITION.] "Eligible rural hospital" 
 10.20  means any nonfederal, general acute care hospital that: 
 10.21     (1) is either located in a rural area, as defined in the 
 10.22  federal Medicare regulations, Code of Federal Regulations, title 
 10.23  42, section 405.1041, or located in a community with a 
 10.24  population of less than 5,000 10,000, according to United States 
 10.25  Census Bureau statistics, outside the seven-county metropolitan 
 10.26  area; 
 10.27     (2) has 50 or fewer beds; and 
 10.28     (3) is not for profit. 
 10.29     Sec. 7.  Minnesota Statutes 2000, section 144.148, 
 10.30  subdivision 1, is amended to read: 
 10.31     Subdivision 1.  [DEFINITION.] (a) For purposes of this 
 10.32  section, the following definitions apply. 
 10.33     (b) "Eligible rural hospital" means any nonfederal, general 
 10.34  acute care hospital that: 
 10.35     (1) is either located in a rural area, as defined in the 
 10.36  federal Medicare regulations, Code of Federal Regulations, title 
 11.1   42, section 405.1041, or located in a community with a 
 11.2   population of less than 5,000 10,000, according to United States 
 11.3   Census Bureau Statistics, outside the seven-county metropolitan 
 11.4   area; 
 11.5      (2) has 50 or fewer beds; and 
 11.6      (3) is not for profit. 
 11.7      (c) "Eligible project" means a modernization project to 
 11.8   update, remodel, or replace aging hospital facilities and 
 11.9   equipment necessary to maintain the operations of a hospital. 
 11.10     Sec. 8.  Minnesota Statutes 2000, section 144.1481, 
 11.11  subdivision 1, is amended to read: 
 11.12     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] The 
 11.13  commissioner of health shall establish a 15-member rural health 
 11.14  advisory committee.  The committee shall consist of the 
 11.15  following members, all of whom must reside outside the 
 11.16  seven-county metropolitan area, as defined in section 473.121, 
 11.17  subdivision 2: 
 11.18     (1) two members from the house of representatives of the 
 11.19  state of Minnesota, one from the majority party and one from the 
 11.20  minority party; 
 11.21     (2) two members from the senate of the state of Minnesota, 
 11.22  one from the majority party and one from the minority party; 
 11.23     (3) a volunteer member of an ambulance service based 
 11.24  outside the seven-county metropolitan area; 
 11.25     (4) a representative of a hospital located outside the 
 11.26  seven-county metropolitan area; 
 11.27     (5) a representative of a nursing home located outside the 
 11.28  seven-county metropolitan area; 
 11.29     (6) a medical doctor or doctor of osteopathy licensed under 
 11.30  chapter 147; 
 11.31     (7) a midlevel practitioner; 
 11.32     (8) a registered nurse or licensed practical nurse; 
 11.33     (9) a licensed health care professional from an occupation 
 11.34  not otherwise represented on the committee; 
 11.35     (10) a representative of an institution of higher education 
 11.36  located outside the seven-county metropolitan area that provides 
 12.1   training for rural health care providers; and 
 12.2      (11) three consumers, at least one of whom must be an 
 12.3   advocate for persons who are mentally ill or developmentally 
 12.4   disabled. 
 12.5      The commissioner will make recommendations for committee 
 12.6   membership.  Committee members will be appointed by the 
 12.7   governor.  In making appointments, the governor shall ensure 
 12.8   that appointments provide geographic balance among those areas 
 12.9   of the state outside the seven-county metropolitan area.  The 
 12.10  chair of the committee shall be elected by the members.  The 
 12.11  terms, compensation, and removal of members are governed by 
 12.12  section 15.059, subdivisions 2 to 4, except that the existence 
 12.13  of the committee does not terminate and members do not receive 
 12.14  per diem compensation.  Notwithstanding section 15.059, 
 12.15  subdivision 5, or other law to the contrary, the committee 
 12.16  expires June 30, 2007. 
 12.17     Sec. 9.  Minnesota Statutes 2000, section 144.1483, is 
 12.18  amended to read: 
 12.19     144.1483 [RURAL HEALTH INITIATIVES.] 
 12.20     The commissioner of health, through the office of rural 
 12.21  health, and consulting as necessary with the commissioner of 
 12.22  human services, the commissioner of commerce, the higher 
 12.23  education services office, and other state agencies, shall: 
 12.24     (1) develop a detailed plan regarding the feasibility of 
 12.25  coordinating rural health care services by organizing individual 
 12.26  medical providers and smaller hospitals and clinics into 
 12.27  referral networks with larger rural hospitals and clinics that 
 12.28  provide a broader array of services; 
 12.29     (2) develop and implement a program to assist rural 
 12.30  communities in establishing community health centers, as 
 12.31  required by section 144.1486; 
 12.32     (3) administer the program of financial assistance 
 12.33  established under section 144.1484 for rural hospitals in 
 12.34  isolated areas of the state that are in danger of closing 
 12.35  without financial assistance, and that have exhausted local 
 12.36  sources of support; 
 13.1      (4) develop recommendations regarding health education and 
 13.2   training programs in rural areas, including but not limited to a 
 13.3   physician assistants' training program, continuing education 
 13.4   programs for rural health care providers, and rural outreach 
 13.5   programs for nurse practitioners within existing training 
 13.6   programs; 
 13.7      (5) develop a statewide, coordinated recruitment strategy 
 13.8   for health care personnel and maintain a database on health care 
 13.9   personnel as required under section 144.1485; 
 13.10     (6) develop and administer technical assistance programs to 
 13.11  assist rural communities in:  (i) planning and coordinating the 
 13.12  delivery of local health care services; and (ii) hiring 
 13.13  physicians, nurse practitioners, public health nurses, physician 
 13.14  assistants, and other health personnel; 
 13.15     (7) study and recommend changes in the regulation of health 
 13.16  care personnel, such as nurse practitioners and physician 
 13.17  assistants, related to scope of practice, the amount of on-site 
 13.18  physician supervision, and dispensing of medication, to address 
 13.19  rural health personnel shortages; 
 13.20     (8) support efforts to ensure continued funding for medical 
 13.21  and nursing education programs that will increase the number of 
 13.22  health professionals serving in rural areas; 
 13.23     (9) support efforts to secure higher reimbursement for 
 13.24  rural health care providers from the Medicare and medical 
 13.25  assistance programs; 
 13.26     (10) coordinate the development of a statewide plan for 
 13.27  emergency medical services, in cooperation with the emergency 
 13.28  medical services advisory council; 
 13.29     (11) establish a Medicare rural hospital flexibility 
 13.30  program pursuant to section 1820 of the federal Social Security 
 13.31  Act, United States Code, title 42, section 1395i-4, by 
 13.32  developing a state rural health plan and designating, consistent 
 13.33  with the rural health plan, rural nonprofit or public hospitals 
 13.34  in the state as critical access hospitals.  Critical access 
 13.35  hospitals shall include facilities that are certified by the 
 13.36  state as necessary providers of health care services to 
 14.1   residents in the area.  Necessary providers of health care 
 14.2   services are designated as critical access hospitals on the 
 14.3   basis of being more than 20 miles, defined as official mileage 
 14.4   as reported by the Minnesota department of transportation, from 
 14.5   the next nearest hospital or, being the sole hospital in the 
 14.6   county or, being a hospital located in a county with a 
 14.7   designated medical medically underserved area or health 
 14.8   professional shortage area, or being a hospital located in a 
 14.9   county contiguous to a county with a medically underserved area 
 14.10  or health professional shortage area.  A critical access 
 14.11  hospital located in a county with a designated medical medically 
 14.12  underserved area or a health professional shortage area or in a 
 14.13  county contiguous to a county with a medically underserved area 
 14.14  or health professional shortage area shall continue to be 
 14.15  recognized as a critical access hospital in the event the 
 14.16  medical medically underserved area or health professional 
 14.17  shortage area designation is subsequently withdrawn; and 
 14.18     (12) carry out other activities necessary to address rural 
 14.19  health problems. 
 14.20     Sec. 10.  Minnesota Statutes 2000, section 144.6905, 
 14.21  subdivision 1, is amended to read: 
 14.22     Subdivision 1.  [ADVISORY GROUP.] The commissioner of 
 14.23  health shall convene an occupational respiratory disease 
 14.24  advisory group and shall consult with the group on the 
 14.25  development, implementation, and ongoing operation of an 
 14.26  occupational respiratory disease information system.  Membership 
 14.27  in the group shall include representatives of academia, 
 14.28  government, industry, labor, medicine, and consumers from areas 
 14.29  of the state targeted by the information system.  From members 
 14.30  of the advisory group, the commissioner shall form a technical 
 14.31  and medical committee to create information system protocols and 
 14.32  a legal and policy committee to address data privacy issues.  
 14.33  The advisory group is governed by section 15.059, subdivisions 2 
 14.34  to 4, except that members shall not receive per diem 
 14.35  compensation.  Notwithstanding section 15.059, subdivision 5, or 
 14.36  other law to the contrary, the advisory group expires June 30, 
 15.1   2007. 
 15.2      Sec. 11.  Minnesota Statutes 2000, section 145.881, 
 15.3   subdivision 1, is amended to read: 
 15.4      Subdivision 1.  [COMPOSITION OF TASK FORCE.] The 
 15.5   commissioner shall establish and appoint a maternal and child 
 15.6   health advisory task force consisting of 15 members who will 
 15.7   provide equal representation from: 
 15.8      (1) professionals with expertise in maternal and child 
 15.9   health services; 
 15.10     (2) representatives of community health boards as defined 
 15.11  in section 145A.02, subdivision 5; and 
 15.12     (3) consumer representatives interested in the health of 
 15.13  mothers and children. 
 15.14     No members shall be employees of the state department of 
 15.15  health.  Section 15.059, subdivisions 2 to 4, governs the 
 15.16  maternal and child health advisory task force.  Notwithstanding 
 15.17  section 15.059, subdivisions 5 and 6, or other law to the 
 15.18  contrary, the task force expires June 30, 2007. 
 15.19     Sec. 12.  Minnesota Statutes 2000, section 145A.10, 
 15.20  subdivision 10, is amended to read: 
 15.21     Subd. 10.  [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A 
 15.22  state community health advisory committee is established to 
 15.23  advise, consult with, and make recommendations to the 
 15.24  commissioner on the development, maintenance, funding, and 
 15.25  evaluation of community health services.  Section 15.059, 
 15.26  subdivision 5, applies to this committee.  Each community health 
 15.27  board may appoint a member to serve on the committee.  The 
 15.28  committee must meet at least quarterly, and special meetings may 
 15.29  be called by the committee chair or a majority of the members.  
 15.30  Members or their alternates may receive a per diem and must be 
 15.31  reimbursed for travel and other necessary expenses while engaged 
 15.32  in their official duties.  Notwithstanding section 15.059, 
 15.33  subdivision 5, or other law to the contrary, the advisory 
 15.34  committee expires June 30, 2007. 
 15.35     (b) The city councils or county boards that have 
 15.36  established or are members of a community health board must 
 16.1   appoint a community health advisory committee to advise, consult 
 16.2   with, and make recommendations to the community health board on 
 16.3   matters relating to the development, maintenance, funding, and 
 16.4   evaluation of community health services.  The committee must 
 16.5   consist of at least five members and must be generally 
 16.6   representative of the population and health care providers of 
 16.7   the community health service area.  The committee must meet at 
 16.8   least three times a year and at the call of the chair or a 
 16.9   majority of the members.  Members may receive a per diem and 
 16.10  reimbursement for travel and other necessary expenses while 
 16.11  engaged in their official duties. 
 16.12     (c) State and local advisory committees must adopt bylaws 
 16.13  or operating procedures that specify the length of terms of 
 16.14  membership, procedures for assuring that no more than half of 
 16.15  these terms expire during the same year, and other matters 
 16.16  relating to the conduct of committee business.  Bylaws or 
 16.17  operating procedures may allow one alternate to be appointed for 
 16.18  each member of a state or local advisory committee.  Alternates 
 16.19  may be given full or partial powers and duties of members.  
 16.20     Sec. 13.  Minnesota Statutes 2000, section 149A.01, is 
 16.21  amended by adding a subdivision to read: 
 16.22     Subd. 4.  [NONLIMITING.] Nothing in this chapter shall be 
 16.23  construed to limit the powers granted to the commissioner of 
 16.24  health, commissioner of commerce, state auditor, state attorney 
 16.25  general, or a county auditor or county attorney in any other 
 16.26  statute, law, or rule. 
 16.27     Sec. 14.  Minnesota Statutes 2000, section 149A.02, 
 16.28  subdivision 14, is amended to read: 
 16.29     Subd. 14.  [DISCIPLINARY ACTION.] "Disciplinary action" 
 16.30  means any action taken by the commissioner regulatory agency 
 16.31  against any person subject to regulation under this chapter for 
 16.32  the violation of or the threatened violation of any law, rule, 
 16.33  order, stipulation agreement, settlement, compliance agreement, 
 16.34  license, or permit adopted, issued, or enforced by 
 16.35  the commissioner regulatory agency. 
 16.36     Sec. 15.  Minnesota Statutes 2000, section 149A.02, is 
 17.1   amended by adding a subdivision to read: 
 17.2      Subd. 37a.  [REGULATORY AGENCY.] "Regulatory agency" means: 
 17.3      (1) the commissioner of health for provisions related to a 
 17.4   funeral provider who is required to be licensed, registered, or 
 17.5   issued a permit under this chapter; 
 17.6      (2) the state auditor, attorney general, or county auditor 
 17.7   or county attorney in the county where the funeral provider is 
 17.8   located for provisions related to a funeral provider that is not 
 17.9   required to be licensed, registered, or issued a permit under 
 17.10  this chapter; and 
 17.11     (3) the commissioner of commerce for provisions related to 
 17.12  insurance policies purchased by a preneed consumer to arrange 
 17.13  for funeral goods, funeral services, burial site goods, or 
 17.14  burial services. 
 17.15     Sec. 16.  Minnesota Statutes 2000, section 149A.11, is 
 17.16  amended to read: 
 17.17     149A.11 [PUBLICATION OF DISCIPLINARY ACTIONS.] 
 17.18     The regulatory agencies shall report all disciplinary 
 17.19  measures or actions taken to the commissioner.  At least 
 17.20  annually, the commissioner shall publish and make available to 
 17.21  the public a description of all disciplinary measures or actions 
 17.22  taken by the commissioner regulatory agencies.  The publication 
 17.23  shall include, for each disciplinary measure or action taken, 
 17.24  the name and business address of the licensee or intern, the 
 17.25  nature of the misconduct, and the measure or action taken by the 
 17.26  commissioner regulatory agency. 
 17.27     Sec. 17.  Minnesota Statutes 2000, section 149A.62, is 
 17.28  amended to read: 
 17.29     149A.62 [IMMUNITY; REPORTING.] 
 17.30     Any person, private agency, organization, society, 
 17.31  association, licensee, or intern who, in good faith, submits 
 17.32  information to the commissioner a regulatory agency under 
 17.33  section 149A.61 or otherwise reports violations or alleged 
 17.34  violations of this chapter, is immune from civil liability or 
 17.35  criminal prosecution.  This section does not prohibit 
 17.36  disciplinary action taken by the commissioner against any 
 18.1   licensee or intern pursuant to a self report of a violation. 
 18.2      Sec. 18.  Minnesota Statutes 2000, section 149A.71, 
 18.3   subdivision 4, is amended to read: 
 18.4      Subd. 4.  [CASKET, ALTERNATE CONTAINER, AND CREMATION 
 18.5   CONTAINER SALES; RECORDS; REQUIRED DISCLOSURES.] Any funeral 
 18.6   provider who sells or offers to sell a casket, alternate 
 18.7   container, or cremation container to the public must maintain a 
 18.8   record of each sale that includes the name of the purchaser, the 
 18.9   purchaser's mailing address, the name of the decedent, the date 
 18.10  of the decedent's death, and the place of death.  These records 
 18.11  shall be open to inspection by the commissioner regulatory 
 18.12  agency and reported to the commissioner regulatory agency.  Any 
 18.13  funeral provider selling a casket, alternate container, or 
 18.14  cremation container to the public, and not having charge of the 
 18.15  final disposition of the dead human body, shall enclose within 
 18.16  the casket, alternate container, or cremation container 
 18.17  information provided by the commissioner that includes a blank 
 18.18  certificate of death, and a copy of the statutes and rules 
 18.19  controlling the removal, preparation, transportation, 
 18.20  arrangements for disposition, and final disposition of a dead 
 18.21  human body.  This subdivision does not apply to morticians, 
 18.22  funeral directors, funeral establishments, crematories, or 
 18.23  wholesale distributors of caskets, alternate containers, or 
 18.24  cremation containers. 
 18.25     Sec. 19.  Minnesota Statutes 2000, section 149A.97, 
 18.26  subdivision 8, is amended to read: 
 18.27     Subd. 8.  [INVESTIGATIONS BY STATE AUDITOR.] Upon 
 18.28  notification from the county auditor or the commissioner of 
 18.29  health a regulatory agency of indications of violations of this 
 18.30  chapter, or upon reliable written verification by any person, 
 18.31  the state auditor shall make an independent determination of 
 18.32  whether a violation of the provisions in this chapter is 
 18.33  occurring or is about to occur.  If the state auditor finds such 
 18.34  evidence, the state auditor shall conduct any examinations of 
 18.35  accounts and records of the entity that the state auditor 
 18.36  considers the public interest to demand and shall inform the 
 19.1   appropriate agency of any finding of misconduct.  The state 
 19.2   auditor may require the entity being examined to send all books, 
 19.3   accounts, and vouchers pertaining to the receipt, disbursement, 
 19.4   and custody of funds to the office of the state auditor for 
 19.5   examination.  The person, firm, partnership, association, or 
 19.6   corporation examined under this section by the state auditor 
 19.7   shall reimburse the state auditor for expenses incurred in 
 19.8   conducting the examination within 30 days after the state 
 19.9   auditor submits its expenses.  Interest at the rate established 
 19.10  in section 549.09 shall accrue on the outstanding balance 
 19.11  starting on the 31st day after the state auditor's office 
 19.12  submits its request for expenses. 
 19.13     Sec. 20.  [TRANSFER OF ENFORCEMENT AUTHORITY.] 
 19.14     (a) The terms used in this section have the meanings given 
 19.15  in Minnesota Statutes, section 149A.02. 
 19.16     (b) Except as otherwise provided in statute, enforcement 
 19.17  authority for Minnesota Statutes, sections 149A.70, 149A.71, 
 19.18  149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97 is 
 19.19  transferred from the commissioner of health as follows: 
 19.20     (1) for funeral providers that are not required to be 
 19.21  licensed, registered, or issued a permit under Minnesota 
 19.22  Statutes, chapter 149A, enforcement authority is transferred to 
 19.23  the state auditor, the attorney general, or the county auditor 
 19.24  or county attorney in the county where the funeral provider is 
 19.25  located; and 
 19.26     (2) for provisions related to insurance policies purchased 
 19.27  by a preneed consumer to arrange for funeral goods, funeral 
 19.28  services, burial site goods, or burial services, enforcement 
 19.29  authority is transferred to the commissioner of commerce. 
 19.30     (c) The commissioner of health retains enforcement 
 19.31  authority for provisions of Minnesota Statutes, chapter 149A, 
 19.32  related to funeral providers that are required to be licensed, 
 19.33  registered, or issued a permit under that chapter. 
 19.34     (d) Minnesota Statutes, section 15.039, applies to the 
 19.35  transfer of enforcement authority under this section. 
 19.36     Sec. 21.  [ENVIRONMENTAL HEALTH SPECIALIST/SANITARIAN 
 20.1   ADVISORY COUNCIL; NONEXPIRATION.] 
 20.2      Notwithstanding Minnesota Statutes, section 15.059, 
 20.3   subdivision 5, or other law to the contrary, the environmental 
 20.4   health specialist/sanitarian advisory council created under the 
 20.5   authority of Minnesota Statutes, section 214.13, expires June 
 20.6   30, 2007. 
 20.7      Sec. 22.  [REVISOR'S INSTRUCTION.] 
 20.8      The revisor of statutes shall change the term 
 20.9   "commissioner" or "commissioner of health" to "regulatory 
 20.10  agency" wherever it appears in Minnesota Statutes, sections 
 20.11  149A.04; 149A.05; 149A.06; 149A.07; 149A.08; 149A.09; 149A.10; 
 20.12  149A.60; and 149A.61, subdivisions 1, 2, 3, 6, 7, and 8. 
 20.13     Sec. 23.  [REPEALER.] 
 20.14     Minnesota Statutes 2000, section 144.994, is repealed.  
 20.15     Sec. 24.  [EFFECTIVE DATE.] 
 20.16     Sections 1 to 3, 5, 8, 10 to 12, and 21 are effective the 
 20.17  day following final enactment.