SF 1732

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/14/2019 08:57am

A bill for an act
relating to health; permitting certain outpatient surgical centers to share a facility;
amending Minnesota Statutes 2018, section 144.55, subdivisions 1, 2, 9, by adding
subdivisions; repealing Minnesota Statutes 2018, section 144.55, subdivision 10.

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

Section 1.

Minnesota Statutes 2018, section 144.55, subdivision 1, is amended to read:

Subdivision 1.

Issuance.

new text begin (a) new text end The state commissioner of health is hereby authorized to
issue licenses to operate hospitals, sanitariums, outpatient surgical centers, or other
institutions for the hospitalization or care of human beings, which are found to comply with
the provisions of sections 144.50 to 144.56 and any reasonable rules promulgated by the
commissioner. The commissioner shall not require an outpatient surgical center licensed as
part of a hospital to obtain a separate outpatient surgical center license. All decisions of the
commissioner thereunder may be reviewed in the district court in the county in which the
institution is located or contemplated.

new text begin (b) The commissioner may issue a conditional license to operate an outpatient surgical
center if:
new text end

new text begin (1) the applicant is seeking a license to operate an outpatient surgical center that will
share a facility with an existing licensed outpatient surgical center that is also federally
certified under Medicare as an ambulatory surgical center; and
new text end

new text begin (2) the outpatient surgical center otherwise meets the requirements for licensure under
this subdivision.
new text end

new text begin A conditional license issued under this paragraph is valid for 120 days and may be renewed
once for an additional 120 days. The commissioner shall convert a valid conditional license
to a nonconditional license if the licensee can demonstrate to the commissioner that the
conditionally licensed outpatient surgical center is federally certified under Medicare as an
ambulatory surgical center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144.55, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the
meanings given:

(b) "Outpatient surgical center" or "center" means a deleted text begin freestanding deleted text end facility organized for
the specific purpose of providing elective outpatient surgery for preexamined, prediagnosed,
low-risk patients. deleted text begin Admissions are limited to procedures that utilize general anesthesia or
conscious sedation and that do not require overnight inpatient care. deleted text end An outpatient surgical
center is not organized to provide regular emergency medical services and does not include
a physician's or dentist's office or clinic for the practice of medicine, the practice of dentistry,
or the delivery of primary care.

(c) "Approved accrediting organization" means any organization recognized as an
accreditation organization by the Centers for Medicare and Medicaid Services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 144.55, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Standards for admission to an outpatient surgical center. new text end

new text begin Admissions to
outpatient surgical centers are limited to procedures that utilize general anesthesia or
conscious sedation and that do not require overnight inpatient care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144.55, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Facility standards for outpatient surgical centers. new text end

new text begin An outpatient surgical
center must be a freestanding facility unless:
new text end

new text begin (1) the outpatient surgical center is licensed as part of a hospital;
new text end

new text begin (2) the licensed outpatient surgical center is federally certified under Medicare as an
ambulatory surgical center and shares a facility only with other licensed outpatient surgical
centers federally certified under Medicare as ambulatory surgical centers; or
new text end

new text begin (3) the outpatient surgical center is conditionally licensed under subdivision 1, paragraph
(b), and shares a facility only with other licensed outpatient surgical centers federally certified
under Medicare as ambulatory surgical centers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2018, section 144.55, subdivision 9, is amended to read:

Subd. 9.

Expiration of deleted text begin presently valid deleted text end licenses.

All licenses deleted text begin presently in effect shall
remain valid following May 7, 1981, and shall deleted text end expire on the dates specified on the licenses
unless suspended or revoked.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 144.55, subdivision 10, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S1732-1

144.55 LICENSES; ISSUANCE, SUSPENSION AND REVOCATION.

Subd. 10.

Evaluation report.

On November 15, 1983, the commissioner shall provide the legislature and the governor with a written report evaluating the utilization of the accreditation program, paying particular attention to its effect upon the public health and safety.