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HF 2676

as introduced - 90th Legislature (2017 - 2018) Posted on 05/17/2017 09:29am

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

Current Version - as introduced

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A bill for an act
relating to health; establishing a public health response contingency account;
authorizing the commissioner of health to use funds from the account for certain
purposes; transferring money; 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 [144.4199] PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Public health response contingency account. new text end

new text begin A public health response
contingency account is created in the special revenue fund in the state treasury. Money in
the public health response contingency account does not cancel and is appropriated to the
commissioner of health for the purposes specified in subdivision 4 when the determination
criteria in subdivision 3 and the requirements in subdivisions 5, paragraph (a), and 7, are
satisfied.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "public health response" means
immediate public health activities required to protect the health and safety of the public due
to pandemic influenza or an outbreak of a communicable or infectious disease.
new text end

new text begin Subd. 3. new text end

new text begin Determination criteria. new text end

new text begin The commissioner may use money in the public health
response contingency account only if:
new text end

new text begin (1) the commissioner determines the pandemic influenza or outbreak of a communicable
or infectious disease requires a public health response;
new text end

new text begin (2) the commissioner determines that the public health response is reasonably expected
to require supplies, equipment, personnel, and other resources in excess of the resources
available for public health response and preparedness activities in the affected jurisdictions;
and
new text end

new text begin (3) the commissioner has notified the relevant federal agency that the pandemic influenza
or communicable or infectious disease:
new text end

new text begin (i) is reasonably expected to require the evacuation of the impacted population, relocation
of seriously ill or injured persons to temporary care facilities, or the provision of replacement
essential community services;
new text end

new text begin (ii) poses a probability of a large number of deaths, serious injuries, or long-term
disabilities in the affected population;
new text end

new text begin (iii) involves widespread exposure to an infectious agent that poses a significant risk of
substantial future harm to a large number of people in the affected area; or
new text end

new text begin (iv) poses a significant risk of a high rate of morbidity or mortality in the affected
population.
new text end

new text begin Subd. 4. new text end

new text begin Uses of funds. new text end

new text begin (a) When the determination criteria in subdivision 3 are satisfied
and the commissioner has complied with subdivisions 5, paragraph (a), and 7, the
commissioner may use money in the public health response contingency account for the
following purposes attributable to a public health response:
new text end

new text begin (1) staffing;
new text end

new text begin (2) information technology;
new text end

new text begin (3) supplies, equipment, and services to protect people in the affected area or population,
health care providers, and public safety workers;
new text end

new text begin (4) training for and coordination with local public health departments and health care
providers;
new text end

new text begin (5) communication with and outreach to affected areas or populations;
new text end

new text begin (6) to provide a state match for federal assistance obtained for the public health response;
new text end

new text begin (7) laboratory testing, including enhancements to laboratory capacity necessary to conduct
testing related to the event, and supplies, equipment, shipping, and security;
new text end

new text begin (8) the purchase of vaccines, antibiotics, antivirals, and other medical resources to prevent
the spread of the pandemic influenza or communicable or infectious disease or to treat
related medical conditions;
new text end

new text begin (9) reimbursement to community health boards or other local units of government for
incurred costs for the goods and services listed in clauses (1) to (8) that are attributable to
the public health response;
new text end

new text begin (10) reimbursement to health care organizations and health care providers for incurred
costs that are attributable to the public health response; and
new text end

new text begin (11) funding to support other state agencies for costs incurred by those agencies that are
attributable to the public health response.
new text end

new text begin (b) Money in the account must not be used to increase the total number of full-time
equivalent permanent employees at the Department of Health, unless expressly authorized
by law. Money in the account shall be used only for public health response activities to
protect the health and safety of the public. Notwithstanding section 16A.285 or any other
law, money in the account must not be transferred to another program or another account
in the state treasury.
new text end

new text begin Subd. 5. new text end

new text begin Assistance from other sources. new text end

new text begin (a) As a condition of using money in the public
health response contingency account, the commissioner must seek any appropriate assistance
from other available sources, including the federal government, to assist with costs
attributable to the public health response.
new text end

new text begin (b) If the commissioner subsequently recovers funds for the public health response from
a nonstate source after using funds from the public health response contingency account,
the commissioner shall reimburse the public health response contingency account for
expenditures already made from the account.
new text end

new text begin Subd. 6. new text end

new text begin Emergency management authority. new text end

new text begin Nothing in this section shall be construed
to limit the emergency management authority of the governor or any local or county
organization for emergency management under chapter 12 or other law.
new text end

new text begin Subd. 7. new text end

new text begin Expenditure review. new text end

new text begin Prior to authorizing expenditures from the public health
response contingency account, the commissioner shall seek review and recommendation
from the Legislative Advisory Commission according to the procedures in section 3.3005,
subdivision 5, that would otherwise apply if the funds were federal funds.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin By January 15 of each year, the commissioner shall submit a report to
the chairs and ranking minority members of the house of representatives Ways and Means
Committee, the senate Finance Committee, and the house of representatives and senate
committees with jurisdiction over health and human services finance, detailing expenditures
made in the previous calendar year from the public health response contingency account.
new text end

Sec. 2. new text beginTRANSFER; PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin $5,000,000 in fiscal year 2018 is transferred from the general fund to the commissioner
of health for deposit in the public health response contingency account established in
Minnesota Statutes, section 144.4199.
new text end