HF 2100

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring reimbursement for lead 
  1.3             testing and treatment of lead poisoning in children 
  1.4             under the age of 18 by stationary sources emitting 
  1.5             large amounts of lead; creating civil causes of 
  1.6             action; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [144.9660] [DEFINITIONS.] 
  1.10     For purposes of sections 144.9660 to 144.9663, the 
  1.11  following terms have the meaning given to them unless the 
  1.12  context requires otherwise: 
  1.13     (1) "child" means an individual under the age of 18; 
  1.14     (2) "emissions zone" means an area extending out from the 
  1.15  point of emissions of a stationary source one mile in radius for 
  1.16  each 20 feet the emissions stack of the stationary source 
  1.17  extends up from the ground; 
  1.18     (3) "medical provider" means a licensed hospital, medical 
  1.19  clinic, licensed physician, local board of health, or any other 
  1.20  person who is authorized to provide screening services or 
  1.21  treatment services for elevated lead levels in the bloodstream; 
  1.22     (4) "person" has the meaning given in section 326.71, 
  1.23  subdivision 8; 
  1.24     (5) "primary residence" means the residence in the state 
  1.25  where a child resided the greatest number of days in the 
  1.26  previous calendar year; and 
  2.1      (6) "stationary source" means a structure, machinery, 
  2.2   facility, apparatus, or other means whereby an emission is 
  2.3   caused to occur and that is stationary. 
  2.4      Sec. 2.  [144.9661] [REIMBURSEMENT REQUIREMENT.] 
  2.5      (a) The owner of a stationary source in the state that has 
  2.6   emitted into the air more than 250 pounds of lead in the prior 
  2.7   calendar year shall provide reimbursement for the reasonable 
  2.8   costs of: 
  2.9      (1) an initial blood screening test for elevated lead 
  2.10  levels; 
  2.11     (2) any additional medically necessary blood tests for 
  2.12  elevated lead levels; and 
  2.13     (3) any medical treatment for elevated blood lead levels of 
  2.14  ten micrograms of lead or greater per deciliter of whole blood, 
  2.15  for a child whose primary residence is within the emissions zone 
  2.16  of the stationary source.  
  2.17     (b) The owner shall reimburse a patient, patient's parent 
  2.18  or guardian, medical provider, or public or private third-party 
  2.19  payer under paragraph (a) for such costs of a child upon 
  2.20  submission of documentation showing that the patient, patient's 
  2.21  parent or guardian, medical provider, or public or private 
  2.22  third-party payer requesting reimbursement has incurred such 
  2.23  costs and a statement that the patient, patient's parent or 
  2.24  guardian, medical provider, or public or private third-party 
  2.25  payer has not already been reimbursed for those costs by any 
  2.26  other person.  This section does not require a public or private 
  2.27  third-party payer to cover the cost of testing of or treatment 
  2.28  for elevated blood lead levels, if the third-party payer is not 
  2.29  otherwise required to do so. 
  2.30     (c) In the event that reimbursement is sought for expenses 
  2.31  incurred for screening or treatment of a child whose primary 
  2.32  residence is within the emissions zone of more than one 
  2.33  stationary source subject to paragraph (a), the patient, 
  2.34  patient's parent or guardian, medical provider, or public or 
  2.35  private third-party payer that incurred the costs may apply to 
  2.36  any of those facilities for reimbursement.  When the primary 
  3.1   residence of a child for whom screening or treatment subject to 
  3.2   this section was performed is within the emissions zone of more 
  3.3   than one stationary source subject to paragraph (a), the 
  3.4   facilities may agree on terms for apportioning reimbursement 
  3.5   costs amongst themselves. 
  3.6      (d) Any or all owners of stationary sources subject to this 
  3.7   section may contract with a private or public entity or may form 
  3.8   a voluntary organization to facilitate and administer the 
  3.9   reimbursement of costs covered by this section. 
  3.10     (e) The owner of a stationary source subject to this 
  3.11  section shall submit to the department of health by January 15 
  3.12  of each year the name, address, and telephone number of a 
  3.13  contact person designated to receive reimbursement requests for 
  3.14  the facility under this section. 
  3.15     Sec. 3.  [144.9662] [ANNUAL LIST OF FACILITIES AND OWNERS 
  3.16  SUBJECT TO REIMBURSEMENT REQUIREMENT.] 
  3.17     The commissioner of health shall establish by March 15 of 
  3.18  each year a list for public dissemination that includes: 
  3.19     (1) the requirements for reimbursement under section 
  3.20  144.9661; 
  3.21     (2) each stationary source subject to the requirements of 
  3.22  section 144.9661; 
  3.23     (3) the owner of each stationary source subject to the 
  3.24  requirements of section 144.9661; and 
  3.25     (4) the name, address, and telephone number of the contact 
  3.26  person for each facility.  
  3.27     Sec. 4.  [144.9663] [CAUSES OF ACTION.] 
  3.28     (a) A person who has been denied reimbursement by an owner 
  3.29  of a stationary source for costs of testing and treatment that 
  3.30  meet the requirements of section 144.9661 incurred by the person 
  3.31  for a child whose primary residence is within the emissions zone 
  3.32  of the stationary source may bring a cause of action and recover 
  3.33  damages in district court against the owner of the facility. 
  3.34     (b) An owner of a facility who has reimbursed a person 
  3.35  under section 144.9661 for costs incurred may bring a cause of 
  3.36  action and recover damages in district court against the person 
  4.1   who received reimbursement if the person was reimbursed for 
  4.2   costs that were not actually incurred by that person or for 
  4.3   which that person has already been reimbursed.