HF 3209

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health care; modifying the major 
  1.3             commitment expenditure report requirements; amending 
  1.4             Minnesota Statutes 1998, section 62J.17, by adding a 
  1.5             subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 62J.17, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 8.  [RADIATION THERAPY FACILITIES.] This subdivision 
  1.10  shall apply only to those major spending commitments that are 
  1.11  related to the purchase, construction, or leasing of a radiation 
  1.12  therapy facility. 
  1.13     (a) [DEFINITION OF PROVIDER.] The term "provider" shall 
  1.14  mean:  
  1.15     (1) a provider as defined in section 62J.03, subdivision 8; 
  1.16     (2) a person or organization that, upon engaging in an 
  1.17  activity related to a major spending commitment, will become a 
  1.18  provider as defined in section 62J.03, subdivision 8; 
  1.19     (3) an organization under common control with an 
  1.20  organization described in clause (1) or (2); or 
  1.21     (4) an organization that manages a person or organization 
  1.22  described in clause (1), (2), or (3). 
  1.23     (b) [CRITERIA FOR REVIEW.] In conducting the retrospective 
  1.24  or prospective review, the commissioner shall consider the 
  1.25  criteria described in subdivision 5a, paragraph (a), in 
  2.1   determining whether the major spending commitment was 
  2.2   appropriate.  In addition, the commissioner shall consider the 
  2.3   following criteria: 
  2.4      (1) the alternatives available to patients in terms of 
  2.5   avoiding an unwarranted duplication based on whether additional 
  2.6   capacity is needed of services, facilities, or equipment in and 
  2.7   around the location of the major spending commitment; and 
  2.8      (2) the best interests of the patients, including conflicts 
  2.9   of interest that may be present in influencing the utilization 
  2.10  of the services, facility, or equipment relating to the major 
  2.11  spending commitment.  
  2.12     (c) [PENALTIES AND REMEDIES.] In addition to subdivision 
  2.13  6a, paragraph (c), the commissioner has the authority to pursue 
  2.14  the following remedies:  
  2.15     (1) assessment of fines against providers violating 
  2.16  subdivision 6a, paragraph (a), of up to triple the amount of the 
  2.17  major spending commitment; 
  2.18     (2) securing a permanent injunction against providers 
  2.19  violating subdivision 6a, paragraph (a), halting the purchase or 
  2.20  construction of a facility, prohibiting the operation of a 
  2.21  facility, or the providing of a service related to the major 
  2.22  spending commitment; and 
  2.23     (3) obtaining a court order to invalidate any purchase 
  2.24  agreement, management agreement, lease, or other contract 
  2.25  relating to the major spending commitment or the conduct of any 
  2.26  activity relating to the major spending commitment.  
  2.27     (d) [SCOPE OF PROSPECTIVE REVIEW.] If a provider fails the 
  2.28  retrospective review of a major spending commitment that is 
  2.29  identified under this subdivision, the prospective review and 
  2.30  approval required under subdivision 6a shall be limited to major 
  2.31  spending commitments that are identified under this subdivision. 
  2.32     (e) [EXEMPTION.] The provisions of this subdivision do not 
  2.33  apply to radiation therapy facilities owned and operated or 
  2.34  managed by a hospital licensed under chapter 144.