Minnesota Legislature
HF 383
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:44pm
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A bill for an act
relating to health; extending moratorium on radiation therapy facility construction
in certain counties; providing an exception to moratorium; amending Minnesota
Statutes 2010, section 144.5509.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 144.5509, is amended to read:
144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
(a) A radiation therapy facility may be constructed only by an entity owned,
operated, or controlled by a hospital licensed according to sections 144.50 to 144.56 either
alone or in cooperation with another entity.
(b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
is within one mile of the existing facility. This paragraph does not apply to a radiation
therapy facility that is being built attached to a community hospital in Wright County and
meets the following conditions prior to August 1, 2007: the capital expenditure report
required under Minnesota Statutes, section 62J.17, has been filed with the commissioner
of health; a timely construction schedule is developed, stipulating dates for beginning,
achieving various stages, and completing construction; and all zoning and building permits
applied for. This paragraph expires August 1, deleted text begin 2014deleted text end new text begin 2017new text end .
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(c) Paragraph (b) does not apply to any construction necessary to relocate a radiation
therapy machine from a community hospital-owned radiation therapy facility in the city of
Maplewood to a community hospital campus in the city of Woodbury within the same
health system.
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