SF 248
1st Unofficial Engrossment - 87th Legislature (2011 - 2012)
Posted on 04/18/2012 01:18 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to health; establishing criteria that must be met before a new radiation
1.3therapy facility can be constructed; requiring a study of radiation therapy
1.4facilities capacity; appropriating money;amending Minnesota Statutes 2010,
1.5section 144.5509.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.8144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.9 (a) A radiation therapy facility may be constructed only by an entity owned,
1.10operated, or controlled by a hospital licensed according to sections
144.50 to
144.56 either
1.11alone or in cooperation with another entity.
1.12 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.13of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.14Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.15Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.16reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.17is within one mile of the existing facility. This paragraph does not apply to a radiation
1.18therapy facility that is being built attached to a community hospital in Wright County and
1.19meets the following conditions prior to August 1, 2007: the capital expenditure report
1.20required under Minnesota Statutes, section
62J.17, has been filed with the commissioner
1.21of health; a timely construction schedule is developed, stipulating dates for beginning,
1.22achieving various stages, and completing construction; and all zoning and building permits
1.23applied for. new text begin Beginning January 1, 2013, this paragraph does not apply to any construction new text end
1.24new text begin necessary to relocate a radiation therapy machine from a community hospital-owned new text end
2.1new text begin radiation therapy facility located in the city of Maplewood to a community hospital new text end
2.2new text begin campus in the city of Woodbury within the same health system. new text end This paragraph expires
2.3August 1, 2014.
2.4new text begin (c) Notwithstanding paragraph (a), after August 1, 2014, the construction of a new text end
2.5new text begin radiation therapy facility located in any of the following counties: Hennepin, Ramsey, new text end
2.6new text begin Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns, new text end
2.7new text begin Chisago, Isanti, and Wright, may occur only if the following requirements are met:new text end
2.8new text begin (1) the entity constructing the radiation therapy facility is controlled by or is under new text end
2.9new text begin common control with a hospital licensed under sections 144.50 to 144.56; andnew text end
2.10new text begin (2) the new radiation therapy facility is located at least seven miles from an existing new text end
2.11new text begin radiation therapy facility.new text end
2.12new text begin (d) Any referring physician located within a county identified in paragraph (c) must new text end
2.13new text begin provide each patient who is in need of radiation therapy services with a list of all radiation new text end
2.14new text begin therapy facilities located within the counties identified in paragraph (c). Physicians new text end
2.15new text begin with a financial interest in any radiation therapy facility must disclose to the patient the new text end
2.16new text begin existence of the interest.new text end
2.17new text begin (e) For purposes of this section, "controlled by" or "under common control with" new text end
2.18new text begin means the possession, direct or indirect, of the power to direct or cause the direction of the new text end
2.19new text begin policies, operations, or activities of an entity, through the ownership of, or right to vote new text end
2.20new text begin or to direct the disposition of shares, membership interests, or ownership interests of new text end
2.21new text begin the entity.new text end
2.22new text begin (f) For purposes of this section, "financial interest in any radiation therapy facility" new text end
2.23new text begin means a direct or indirect ownership or investment interest in a radiation therapy facility new text end
2.24new text begin or a compensation arrangement with a radiation therapy facility.new text end
2.25new text begin (g) This section does not apply to the relocation or reconstruction of an existing new text end
2.26new text begin radiation therapy facility if:new text end
2.27new text begin (1) the relocation or reconstruction of the facility remains owned by the same entity;new text end
2.28new text begin (2) the relocation or reconstruction is located within one mile of the existing facility; new text end
2.29new text begin andnew text end
2.30new text begin (3) the period in which the existing facility is closed and the relocated or new text end
2.31new text begin reconstructed facility begins providing services does not exceed 12 months.new text end
2.32 Sec. 2. new text begin STUDY OF RADIATION THERAPY FACILITIES CAPACITY.new text end
2.33new text begin (a) To the extent of available appropriations, the commissioner of health shall new text end
2.34new text begin conduct a study of the following: (1) current treatment capacity of the existing radiation new text end
2.35new text begin therapy facilities within the state; (2) the present need for radiation therapy services based new text end
3.1new text begin on population demographics and new cancer cases; and (3) the projected need in the next new text end
3.2new text begin ten years for radiation therapy services and whether the current facilities can sustain new text end
3.3new text begin this projected need.new text end
3.4new text begin (b) The commissioner may contract with a qualified entity to conduct the study. The new text end
3.5new text begin study shall be completed by March 15, 2013, and the results shall be submitted to the new text end
3.6new text begin chairs and ranking minority members of the health and human services committees of new text end
3.7new text begin the legislature.new text end
3.8 Sec. 3. new text begin APPROPRIATION.new text end
3.9new text begin In fiscal year 2013, $137,000 is appropriated from the health care access fund for new text end
3.10new text begin a study of radiation therapy facilities capacity. This is a onetime appropriation. If an new text end
3.11new text begin appropriation for this purpose is enacted more than once in the 2012 legislative session, it new text end
3.12new text begin shall be implemented only once.new text end