HF 3288

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 05:39pm

A bill for an act
relating to health; establishing requirements for public interest review of a hospital's
discontinuance or transfer of an essential health service; 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 [144.556] HOSPITAL DISCONTINUANCE OR TRANSFER OF
ESSENTIAL HEALTH SERVICE; PUBLIC INTEREST REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Essential health service" means emergency services, maternity and newborn services,
and intensive care unit services.
new text end

new text begin (c) "Requesting entity" means a statutory or home rule charter city, county, town, or
hospital district that requests a public interest review by the commissioner under subdivision
3.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin The controlling persons of a hospital licensed under sections 144.50 to
144.56 or a hospital campus must notify the commissioner of health and the public at least
90 days before the hospital or campus discontinues the provision of an essential health
service or transfers the provision of an essential health service to another hospital or to
another campus of the transferring hospital. The commissioner must be notified by
submission of a letter to the commissioner. Public notice must be provided in a manner
specified by the commissioner. The public notice and notice to the commissioner must
specify: (1) the essential health service scheduled to be discontinued or transferred; (2) the
reasons for discontinuing or transferring provision of the essential health service; (3) the
date by which the essential health service is scheduled to be discontinued or transferred;
(4) transition plans regarding transfers; (5) the hospital or campus to which the essential
health service is scheduled to be transferred, if applicable; (6) an estimate of the number of
patients who will be impacted by the discontinuance or transfer; and (7) any plans to facilitate
continued access by residents in the hospital's service area to the discontinued or transferred
service.
new text end

new text begin Subd. 3. new text end

new text begin Public interest review. new text end

new text begin (a) A requesting entity may, by resolution of its
governing body, ask the commissioner for a public interest review of a hospital's or campus'
scheduled discontinuance or transfer of an essential health service for which notice has been
provided under subdivision 2 if the hospital or hospital campus is located in the requesting
entity's jurisdiction. For purposes of this section, the governing body of a town is the town
board. The resolution must specify the level of review conducted by the commissioner from
among the following levels of analysis:
new text end

new text begin (1) an economic impact analysis, in which the commissioner shall assess the economic
impact to an area or region when discontinuing or transferring the essential health service.
An analysis under this clause must be completed within 60 days after the commissioner and
requesting entity have agreed on the scope of the analysis and the commissioner determines
the commissioner has the information needed to conduct the analysis;
new text end

new text begin (2) a health care market analysis, in which the commissioner shall assess the effect of
discontinuing or transferring the service on a hospital's utilization patterns, travel patterns
and travel times for patients to access the service, health care competition, and the workforce
in the impacted area. An analysis under this clause must be completed within 90 days after
the commissioner and requesting entity have agreed on the scope of the analysis and the
commissioner determines the commissioner has the information needed to conduct the
analysis; or
new text end

new text begin (3) a health impact assessment, in which the commissioner shall investigate the health
implications, including potential health risks, for residents in the hospital's service area
when discontinuing or transferring the essential health service, identify strategies to mitigate
any health risks, and identify and evaluate the impact of discontinuing or transferring the
service on health care costs. An assessment under this clause must be completed within 12
months after the commissioner and requesting entity have agreed on the scope of the
assessment and the commissioner determines the commissioner has the information needed
to conduct the analysis.
new text end

new text begin (b) An economic impact analysis shall be conducted using publicly available data and
any pertinent data voluntarily provided by a hospital that provided notice under subdivision
2.
new text end

new text begin (c) A health care market analysis or health impact assessment shall be conducted using
publicly available data and any pertinent data voluntarily provided by a hospital that provided
notice under subdivision 2. Based on the scope of the review, the commissioner may request
additional data from the hospital if necessary to conduct the review, and the hospital shall
comply with the request. The commissioner may administratively assess a monetary penalty
against a hospital that fails to comply with a request under this paragraph using the procedures
in sections 144.99, subdivision 4, and 144.991.
new text end

new text begin (d) For each discontinuance or transfer of one or more essential health services for which
notice is provided under subdivision 2, a requesting entity may request more than one level
of analysis under paragraph (a), provided the requesting entity submits the requests to the
commissioner all at one time and the analyses are conducted concurrently. A requesting
entity is not authorized to request additional levels of analysis following the initial request.
new text end

new text begin (e) The commissioner shall consult with the requesting entity to determine the scope
and cost of the public interest review. In determining the scope of the review, the
commissioner and requesting entity must consider the geographic boundaries of the area to
be studied; prevailing health challenges, disparities, and needs in the affected area or
population; and prevailing economic, business, and workforce factors. The cost of conducting
a public interest review must be paid by the requesting entity. Any money received under
this section shall be deposited in the state treasury, and is appropriated to the commissioner
for the purpose of administering this section.
new text end

new text begin (f) Following completion of a public interest review, the commissioner shall provide
the requesting entity with a written report of the review and shall publish a copy of the
review on the Department of Health Web site.
new text end

new text begin (g) If a public interest review is requested, the hospital or hospital campus shall not
discontinue or transfer the essential health service being reviewed until at least 30 days after
the commissioner provides the requesting entity with a written report of the review and
posts the report on the department's Web site.
new text end

new text begin Subd. 4. new text end

new text begin Assistance with continued access to discontinued or transferred essential
health service. new text end

new text begin A hospital or hospital campus that provides notice under subdivision 2 may
implement procedures or initiatives to facilitate continued access for residents in the hospital's
or campus' service area to the essential health service being discontinued or transferred.
The commissioner may assist a hospital or campus in devising and implementing these
procedures or initiatives.
new text end