1.1                          A bill for an act 
  1.2             relating to MinnesotaCare tax; clarifying the 
  1.3             definition of patient services; amending Minnesota 
  1.4             Statutes 1998, section 295.50, subdivisions 4 and 9b. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 295.50, 
  1.7   subdivision 4, is amended to read: 
  1.8      Subd. 4.  [HEALTH CARE PROVIDER.] (a) "Health care 
  1.9   provider" means: 
  1.10     (1) a person whose health care occupation is regulated or 
  1.11  required to be regulated by the state of Minnesota furnishing 
  1.12  any or all of the following goods or services directly to a 
  1.13  patient or consumer:  medical, surgical, optical, visual, 
  1.14  dental, hearing, nursing services, drugs, laboratory, diagnostic 
  1.15  or therapeutic services; 
  1.16     (2) a person who provides goods and services not listed in 
  1.17  clause (1) that qualify for reimbursement under the medical 
  1.18  assistance program provided under chapter 256B; 
  1.19     (3) a staff model health plan company; 
  1.20     (4) an ambulance service required to be licensed; or 
  1.21     (5) a person who sells or repairs hearing aids and related 
  1.22  equipment or prescription eyewear. 
  1.23     (b) Health care provider does not include hospitals; 
  1.24  medical supplies distributors, except as specified under 
  1.25  paragraph (a), clause (5); nursing homes licensed under chapter 
  2.1   144A or licensed in any other jurisdiction; pharmacies; surgical 
  2.2   centers; bus and taxicab transportation, or any other providers 
  2.3   of transportation services other than ambulance services 
  2.4   required to be licensed; supervised living facilities for 
  2.5   persons with mental retardation or related conditions, licensed 
  2.6   under Minnesota Rules, parts 4665.0100 to 4665.9900; residential 
  2.7   care homes licensed under chapter 144B; board and lodging 
  2.8   establishments providing only custodial services that are 
  2.9   licensed under chapter 157 and registered under section 157.17 
  2.10  to provide supportive services or health supervision services; 
  2.11  adult foster homes as defined in Minnesota Rules, part 
  2.12  9555.5105; day training and habilitation services for adults 
  2.13  with mental retardation and related conditions as defined in 
  2.14  section 252.41, subdivision 3; and boarding care homes, as 
  2.15  defined in Minnesota Rules, part 4655.0100. 
  2.16     (c) For purposes of this subdivision, "directly to a 
  2.17  patient or consumer" includes goods and services provided in 
  2.18  connection with independent medical examinations under section 
  2.19  65B.56 or other examinations for purposes of litigation or 
  2.20  insurance claims.  
  2.21     Sec. 2.  Minnesota Statutes 1998, section 295.50, 
  2.22  subdivision 9b, is amended to read: 
  2.23     Subd. 9b.  [PATIENT SERVICES.] (a) "Patient services" means 
  2.24  inpatient and outpatient services and other goods and services 
  2.25  provided by hospitals, surgical centers, or health care 
  2.26  providers.  They include the following health care goods and 
  2.27  services provided to a patient or consumer: 
  2.28     (1) bed and board; 
  2.29     (2) nursing services and other related services; 
  2.30     (3) use of hospitals, surgical centers, or health care 
  2.31  provider facilities; 
  2.32     (4) medical social services; 
  2.33     (5) drugs, biologicals, supplies, appliances, and 
  2.34  equipment; 
  2.35     (6) other diagnostic or therapeutic items or services; 
  2.36     (7) medical or surgical services; 
  3.1      (8) items and services furnished to ambulatory patients not 
  3.2   requiring emergency care; 
  3.3      (9) emergency services; and 
  3.4      (10) covered services listed in section 256B.0625 and in 
  3.5   Minnesota Rules, parts 9505.0170 to 9505.0475. 
  3.6      (b) "Patient services" does not include goods and services 
  3.7   provided in connection with independent medical examinations 
  3.8   under section 65B.56 or other examinations, including the review 
  3.9   of medical records, for the purpose of litigation or insurance 
  3.10  claims; medical examinations conducted for the purpose of 
  3.11  obtaining employment; or the review of medical records for the 
  3.12  purpose of utilization review as defined under section 62M.02, 
  3.13  subdivision 20.