HF 1449

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring certain health care
facilities to provide charity care; proposing coding
for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.501] CHARITY CARE REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Charity care" means the cost
to a nonprofit health care facility required to be licensed
under sections 144.50 to 144.56 for rendering free or discounted
care to persons who cannot afford to pay and who are not
eligible for health care provided by public programs and for
which the facility did not expect payment. To qualify as
charity care, a bill or claim must be generated and recorded by
the facility and the patient must meet the facility's criteria
for care, consistent with its mission and financial ability.
new text end

new text begin Subd. 2. new text end

new text begin Charity care required. new text end

new text begin Each calendar year, a
nonprofit health care facility required to be licensed under
sections 144.50 to 144.56 must donate the provision of charity
care in an amount equal to at least five percent of its annual
revenues. A facility that is insolvent or would become
insolvent if it provided this level of charity care may seek an
exemption from the commissioner of health and must give the
commissioner access to its financial records to establish the
need for the exemption.
new text end

new text begin Subd. 3. new text end

new text begin Health care facility report. new text end

new text begin Beginning April 1,
2007, each nonprofit health care facility required to be
licensed under sections 144.50 to 144.56 must report to the
commissioner of health on a form developed by the commissioner
to verify that the facility has satisfied the requirement for
providing charity care. The report must be submitted to the
commissioner by April 1 each year for the previous calendar
year. The commissioner of health must be given access to the
facility's financial records to the extent necessary to
establish that the requirement for providing charity care has
been met.
new text end

new text begin Subd. 4. new text end

new text begin Notice to attorney general. new text end

new text begin The commissioner of
health must notify the attorney general when it appears that a
nonprofit health care facility required to be licensed under
sections 144.50 to 144.56 has failed to submit the report
required by this section or has failed to satisfy the
requirement for providing charity care. The attorney general
may obtain access to the facility's financial records to the
extent necessary to determine whether a violation has occurred,
may take remedial action under section 317A.813 in the case of a
violation of this section, and shall be awarded attorney fees if
the state prevails.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006.
new text end