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HF 1173

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 03:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021

Current Version - as introduced

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A bill for an act
relating to health; modifying requirements for a hospital or hospital campus closure,
curtailment of operations, service relocation, or ceasing to offer certain services;
establishing a right of first refusal before selling or conveying a hospital or hospital
campus; amending Minnesota Statutes 2020, section 144.555; proposing coding
for new law in Minnesota Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2020, section 144.555, is amended to read:


144.555 HOSPITAL new text begin OR CAMPUS new text end CLOSINGSnew text begin , RELOCATION OF SERVICES,
OR CESSATION IN OFFERING CERTAIN SERVICES
new text end ; PATIENT RELOCATIONS.

Subdivision 1.

Notice of closing deleted text begin ordeleted text end new text begin ,new text end curtailing deleted text begin servicedeleted text end new text begin operations, relocating services,
or ceasing to offer certain services
new text end .

deleted text begin If a facility licensed under sections 144.50 to 144.56
voluntarily plans to cease operations or to curtail operations to the extent that patients or
residents must be relocated,
deleted text end new text begin (a)new text end The controlling persons of deleted text begin thedeleted text end new text begin anew text end facility new text begin licensed under
sections 144.50 to 144.56
new text end must notify the commissioner of health at least deleted text begin 90 daysdeleted text end new text begin nine
months
new text end before deleted text begin thedeleted text end new text begin anew text end scheduled deleted text begin cessation or curtailment.deleted text end new text begin action if the facility voluntarily
plans to:
new text end

new text begin (1) cease operations;
new text end

new text begin (2) curtail operations to the extent that patients or residents must be relocated;
new text end

new text begin (3) relocate the provision of health services to another facility or another campus of the
facility; or
new text end

new text begin (4) cease offering maternity care and newborn care services, intensive care unit services,
inpatient mental health services, or inpatient substance use disorder treatment services.
new text end

new text begin (b) new text end The commissioner shall cooperate with the controlling persons and advise them
about relocating the patients or residents.new text begin If a facility or campus of a facility is a hospital
and voluntarily plans to cease operations, the controlling persons of the facility must also
comply with section 144.556.
new text end

new text begin Subd. 1a. new text end

new text begin Public hearing. new text end

new text begin Upon receiving notice under subdivision 1, the commissioner
shall conduct a public hearing on the scheduled cessation of operations, curtailment of
operations, relocation of services, or cessation in offering services. The commissioner must
provide adequate public notice of the hearing in a time and manner determined by the
commissioner. The public hearing must be conducted in the community where the facility
or campus of the facility is located at least six months before the scheduled cessation of
operations, curtailment of operations, relocation of services, or cessation in offering services.
The public hearing must include:
new text end

new text begin (1) an explanation by the controlling persons of the facility of the reasons for ceasing
operations, curtailing operations, relocating the provision of health services to another
facility or campus, or ceasing to offer any of the listed health services;
new text end

new text begin (2) a description of the actions that controlling persons of the facility will take to ensure
that residents in the facility's or campus' service area have continued access to the health
services being eliminated, curtailed, or relocated;
new text end

new text begin (3) an opportunity for public testimony on the scheduled cessation, curtailment, relocation
of services, or cessation in offering any of the listed health services, and on the facility's
plan to ensure continued access to those health services being eliminated, curtailed, or
relocated; and
new text end

new text begin (4) an opportunity for controlling persons of the facility to respond to questions from
interested persons.
new text end

Subd. 2.

Penalty.

Failure to notify the commissioner under subdivision 1 new text begin or to participate
in a public hearing under subdivision 1a
new text end may result in issuance of a correction order under
section 144.653, subdivision 5.

Sec. 2.

new text begin [144.556] RIGHT OF FIRST REFUSAL FOR HOSPITAL OR HOSPITAL
CAMPUS.
new text end

new text begin Subdivision 1. new text end

new text begin Prerequisite before sale, conveyance, or ceasing operations of hospital
or hospital campus.
new text end

new text begin The controlling persons of a hospital licensed under sections 144.50
to 144.56 shall not sell or convey the hospital or a campus of the hospital, offer to sell or
convey the hospital or hospital campus, or voluntarily cease operations of the hospital or
hospital campus unless the controlling persons have first made a good faith offer to sell or
convey the hospital or hospital campus to the home rule charter or statutory city, county,
town, or hospital district in which the hospital or hospital campus is located.
new text end

new text begin Subd. 2. new text end

new text begin Offer. new text end

new text begin The offer to sell or convey the hospital or hospital campus must be at a
price that does not exceed the current fair market value of the hospital or hospital campus.
A party to whom an offer is made under subdivision 1 must accept or decline the offer
within 60 days after receipt. If the party fails to respond within 60 days after receipt, the
offer is deemed declined.
new text end