1.1                          A bill for an act 
  1.2             relating to health; modifying requirements for major 
  1.3             spending commitments of radiation therapy facilities; 
  1.4             amending Minnesota Statutes 2000, section 62J.17, 
  1.5             subdivision 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 62J.17, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [RADIATION THERAPY FACILITIES.] This subdivision 
  1.10  shall apply only to those major spending commitments that are 
  1.11  related to the purchase, construction, or leasing of a radiation 
  1.12  therapy facility. 
  1.13     (a) The term "provider" shall mean:  
  1.14     (1) a provider as defined in section 62J.03, subdivision 8; 
  1.15     (2) a person or organization that, upon engaging in an 
  1.16  activity related to a major spending commitment, will become a 
  1.17  provider as defined in section 62J.03, subdivision 8; 
  1.18     (3) an organization under common control with an 
  1.19  organization described in clause (1) or (2); or 
  1.20     (4) an organization that manages a person or organization 
  1.21  described in clause (1), (2), or (3). 
  1.22     (b) In conducting the retrospective or prospective review, 
  1.23  the commissioner shall consider the criteria described in 
  1.24  subdivision 5a, paragraph (a), in determining whether the major 
  1.25  spending commitment was appropriate.  In addition, the 
  2.1   commissioner shall consider the following criteria: 
  2.2      (1) the alternatives available to patients in terms of 
  2.3   avoiding an unwarranted duplication based on whether additional 
  2.4   capacity is needed of services, facilities, or equipment in and 
  2.5   around the location of the major spending commitment; and 
  2.6      (2) the best interests of the patients, including conflicts 
  2.7   of interest that may be present in influencing the utilization 
  2.8   of the services, facility, or equipment relating to the major 
  2.9   spending commitment.  
  2.10     (c) In addition to subdivision 6a, paragraph (c) (d), the 
  2.11  commissioner has the authority to pursue the following remedies: 
  2.12     (1) assessment of fines against providers violating 
  2.13  subdivision 6a, paragraph (a), of up to triple the amount of the 
  2.14  major spending commitment; 
  2.15     (2) securing a permanent injunction against providers 
  2.16  violating subdivision 6a, paragraph (a), halting the purchase or 
  2.17  construction of a facility, prohibiting the operation of a 
  2.18  facility, or the providing of a service related to the major 
  2.19  spending commitment; and 
  2.20     (3) obtaining a court order to invalidate any purchase 
  2.21  agreement, management agreement, lease, or other contract 
  2.22  relating to the major spending commitment or the conduct of any 
  2.23  activity relating to the major spending commitment.  
  2.24     (d) If a provider fails the retrospective review of a major 
  2.25  spending commitment that is identified under this subdivision, 
  2.26  the prospective review and approval required under subdivision 
  2.27  6a shall be limited to major spending commitments that are 
  2.28  identified under this subdivision. 
  2.29     (e) If a major spending commitment would result in the 
  2.30  construction of a new radiation therapy facility within ten 
  2.31  miles of an existing radiation therapy facility, then the 
  2.32  provider incurring, or proposing to incur, the major spending 
  2.33  commitment is subject to the procedures of prospective review 
  2.34  and approval under subdivision 6a.  The provider shall be 
  2.35  financially responsible for the cost of the prospective review 
  2.36  and approval process. 
  3.1      (f) The provisions of this subdivision do not apply to 
  3.2   radiation therapy facilities owned and operated or managed by a 
  3.3   hospital licensed under chapter 144.