HF 2694

as introduced - 90th Legislature (2017 - 2018) Posted on 05/22/2017 01:43am

A bill for an act
relating to health; authorizing the commissioner of health to use money in a public
health response contingency account for certain purposes; establishing the account;
transferring money; requiring a report; proposing coding for new law in Minnesota
Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.4199] PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Public health response contingency account. new text end

new text begin A public health response
contingency account is created in the special revenue fund. Money in the account does not
cancel and is appropriated to the commissioner of health:
new text end

new text begin (1) to provide a state match for federal assistance received to mitigate the costs associated
with a public health response; or
new text end

new text begin (2) for costs of planning, facilitating, coordinating, providing, and supporting a public
health response within the state when the commissioner of health determines that money
in the contingency account is needed to ensure the response is adequate to protect the health
and safety of the public.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "public health response" means activities
necessitated due to pandemic influenza, an outbreak of an infectious or communicable
disease, a terrorist incident, an accident, an act of nature, or any other event that requires
immediate action to protect the health and safety of the public.
new text end

new text begin Subd. 3. new text end

new text begin Determination criteria. new text end

new text begin The commissioner shall use the following criteria to
determine whether money in the public health response contingency account is needed to
ensure the public health response is adequate to protect the health and safety of the public:
new text end

new text begin (1) the public health response is reasonably expected to require supplies, equipment,
personnel, and other resources in excess of the resources available for public health
preparedness and public health response activities in the affected jurisdictions; and
new text end

new text begin (2) the commissioner has notified the relevant federal agency of one or more of the
following:
new text end

new text begin (i) the response to the event is reasonably expected to require the evacuation of the
affected population, relocation of seriously ill or injured persons to temporary care facilities,
or the provision of replacement essential community services;
new text end

new text begin (ii) the event poses a probability of a large number of deaths, serious injuries, or long-term
disabilities in the affected population;
new text end

new text begin (iii) the event poses a probability of widespread exposure to an infectious, chemical,
radioactive, or explosive agent that poses a significant risk of substantial future harm to a
large number of people in the affected area; or
new text end

new text begin (iv) the event is pandemic influenza or an outbreak of an infectious or communicable
disease that either poses a significant risk of harm to a large number of persons or high rates
of mortality or morbidity in the affected population.
new text end

new text begin Subd. 4. new text end

new text begin Allowable expenditures. new text end

new text begin (a) Upon a determination by the commissioner
according to subdivision 3 and upon satisfaction of the requirements in subdivisions 5 and
7, the commissioner may use money in the account for expenditures for the following
purposes attributable to a public health response:
new text end

new text begin (1) staffing;
new text end

new text begin (2) information technology;
new text end

new text begin (3) supplies, equipment, and services to protect residents of affected communities, health
workers, and public safety workers, and to test for environmental health hazards;
new text end

new text begin (4) training and coordination with local public health agencies and health care providers;
new text end

new text begin (5) communication with and outreach to affected communities;
new text end

new text begin (6) a state match for federal assistance for the cost of the public health response;
new text end

new text begin (7) laboratory testing, including enhancements to laboratory capacity necessary to conduct
testing related to the incident, and supplies, equipment, shipping, and security;
new text end

new text begin (8) the purchase of vaccines, antibiotics, antivirals, and other medical resources to prevent
the spread of a communicable or infectious disease or to treat related medical conditions;
new text end

new text begin (9) reimbursement to community health boards or other local units of government for
incurred costs for the goods and services listed in clauses (1) to (8) that are attributable to
the public health response;
new text end

new text begin (10) reimbursement to health care organizations and health care providers for incurred
costs attributable to the public health response; and
new text end

new text begin (11) reimbursement to other state agencies for costs incurred by that state agency
attributable to the public health response.
new text end

new text begin (b) Money in the account shall not be used to hire new, permanent Department of Health
staff.
new text end

new text begin Subd. 5. new text end

new text begin Other available funding. new text end

new text begin As a condition of making expenditures from the
public health response contingency account, the commissioner must seek any appropriate
assistance from other available sources, including the federal government, to assist with
costs associated with the public health response. If the commissioner recovers eligible costs
from another source after making expenditures from the public health response contingency
account, the commissioner shall reimburse the account for those costs.
new text end

new text begin Subd. 6. new text end

new text begin Emergency management authority. new text end

new text begin Nothing in this section shall be construed
to limit the emergency management authority of the governor or any local or county
organization for emergency management under chapter 12 or other law.
new text end

new text begin Subd. 7. new text end

new text begin Review. new text end

new text begin Prior to authorizing expenditures from the public health response
contingency account, the commissioner shall seek review and recommendation from the
Legislative Advisory Commission according to the procedures in section 3.3005, subdivision
5, that would otherwise apply if the funds were federal funds.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin By January 15 of each year, the commissioner of health shall report
to the chairs and ranking minority members of the house of representatives Ways and Means
Committee, the senate Finance Committee, and the house of representatives and senate
committees with jurisdiction over health and human services finance, detailing any
expenditures under this section during the previous calendar year.
new text end

Sec. 2. new text begin TRANSFER; PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin $5,000,000 in fiscal year 2018 is transferred from the general fund to the commissioner
of health for deposit in the public health response contingency account established in
Minnesota Statutes, section 144.4199.
new text end