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HF 4327

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/14/2020 03:58pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/09/2020
1st Engrossment Posted on 04/14/2020

Current Version - 1st Engrossment

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A bill for an act
relating to public health; authorizing a peacetime declaration of emergency for a
public health emergency; establishing a health care response revolving account
and loan program; transferring money to the health care response revolving account;
amending Minnesota Statutes 2018, sections 12.03, by adding a subdivision; 12.31,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 12.03, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Public health emergency. new text end

new text begin "Public health emergency" means a determination
by the commissioner of health that the public health is affected by or under imminent threat
from pandemic influenza or an outbreak of a communicable or infectious disease that:
new text end

new text begin (1) is reasonably expected to require evacuation of the impacted population, relocation
of seriously ill or injured persons to temporary care facilities, or the provision of replacement
essential community services; or
new text end

new text begin (2) 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 12.31, subdivision 2, is amended to read:


Subd. 2.

Declaration of peacetime emergency.

(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
an act of nature, new text begina public health emergency, new text enda technological failure or malfunction, a terrorist
incident, an industrial accident, a hazardous materials accident, or a civil disturbance
endangers life and property and local government resources are inadequate to handle the
situation. If the peacetime emergency occurs on Indian lands, the governor or state director
of emergency management shall consult with tribal authorities before the governor makes
such a declaration. Nothing in this section shall be construed to limit the governor's authority
to act without such consultation when the situation calls for prompt and timely action. When
the governor declares a peacetime emergency, the governor must immediately notify the
majority and minority leaders of the senate and the speaker and majority and minority leaders
of the house of representatives. A peacetime emergency must not be continued for more
than five days unless extended by resolution of the Executive Council up to 30 daysnew text begin, except
that a peacetime emergency declared due to a public health emergency may be extended
by resolution of the Legislative Advisory Commission as established under section 3.30 for
up to 90 days
new text end. An order, or proclamation declaring, continuing, or terminating an emergency
must be given prompt and general publicity and filed with the secretary of state.

(b) By majority vote of each house of the legislature, the legislature may terminate a
peacetime emergency extending beyond 30 days. If the governor determines a need to extend
the peacetime emergency declaration beyond 30 days and the legislature is not sitting in
session, the governor must issue a call immediately convening both houses of the legislaturenew text begin,
except when the peacetime emergency is a public health emergency that has been extended
by resolution of the Legislative Advisory Commission
new text end. Nothing in this section limits the
governor's authority over or command of the National Guard as described in the Military
Code, chapters 190 to 192A, and required by the Minnesota Constitution, article V, section
3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [144.4188] HEALTH CARE RESPONSE REVOLVING ACCOUNT AND
LOAN PROGRAM.
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) "Account" means the health care response revolving account established in this
section.
new text end

new text begin (c) "Communicable disease" means an infectious disease or condition that causes serious
illness, serious disability, or death, the infectious agent of which may pass or be carried,
directly or indirectly, from person to person.
new text end

new text begin Subd. 2. new text end

new text begin Health care response revolving account. new text end

new text begin A health care response revolving
account is created in the special revenue fund in the state treasury. Money in the account
does not cancel and is appropriated to the commissioner of health to:
new text end

new text begin (1) make no-interest or low-interest loans to health care providers, health care clinics,
health care facilities, and health systems for costs related to planning for, preparing for, or
responding to an outbreak of a communicable disease that meets one or more of the criteria
in section 144.4199, subdivision 3, clause (3); and
new text end

new text begin (2) administer the loan program under this section, including carrying out the
commissioner's due diligence duties under this section. Interest earned on money in the
account is credited to the account.
new text end

new text begin Subd. 3. new text end

new text begin Determination criteria; notice. new text end

new text begin (a) The commissioner may make no-interest
or low-interest loans from the account upon determinations by the commissioner that:
new text end

new text begin (1) an outbreak of a communicable disease has occurred in the state or is likely to occur
in Minnesota;
new text end

new text begin (2) one of the criteria in section 144.4199, subdivision 3, clause (3), is met; and
new text end

new text begin (3) health care providers, health care clinics, health care facilities, and health systems
may need additional resources on an emergency basis to plan for, prepare for, or respond
to the communicable disease outbreak.
new text end

new text begin (b) Prior to making no-interest or low-interest loans from the account, the commissioner
must notify the governor and provide written notice to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care policy and finance
specifying the communicable disease necessitating the issuance of loans; an estimated
amount of loans that may be issued; and a description of how loan recipients anticipate
using the funds to plan for, prepare for, or respond to the communicable disease.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), the commissioner may make no-interest or
low-interest loans from the account if the commissioner meets the requirements to make
expenditures from the public health response contingency account under section 144.4199.
new text end

new text begin Subd. 4. new text end

new text begin Loans. new text end

new text begin (a) The commissioner may make no-interest or low-interest loans to
health care providers, health care clinics, health care facilities, and health systems that
demonstrate a need for additional resources on an emergency basis to plan for, prepare for,
or respond to a communicable disease outbreak that has occurred or is likely to occur in
Minnesota, for a communicable disease that meets one or more of the criteria in section
144.4199, subdivision 3, clause (3). The commissioner shall determine the number of loans
issued and the loan amounts. The commissioner shall establish priorities for loan issuance
by assessing (1) the needs across the health care system for additional resources to respond
to the communicable disease outbreak, and (2) whether the health care provider, health care
clinic, health care facility, or health system has insufficient access to other resources to
respond to the communicable disease outbreak in a timely manner, or would be financially
at risk without a loan under this section.
new text end

new text begin (b) The commissioner shall prescribe forms and establish processes for applying for
loans and for loan repayments. A health care provider, health care clinic, health care facility,
or health system must specify in its application its anticipated uses of the loan and the
planned amount anticipated to be spent for each use.
new text end

new text begin Subd. 5. new text end

new text begin Allowable uses for loans. new text end

new text begin Allowable uses for a loan shall include but are not
limited to:
new text end

new text begin (1) staffing;
new text end

new text begin (2) staff training and coordination;
new text end

new text begin (3) the purchase of supplies and equipment to protect staff, visitors, and patients and to
treat affected patients;
new text end

new text begin (4) development and implementation of screening procedures; and
new text end

new text begin (5) isolation of patients.
new text end

new text begin Subd. 6. new text end

new text begin Loan repayments. new text end

new text begin All repayments, including principal and interest paid on
each loan, shall be credited to the account.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation; reports. new text end

new text begin (a) During the loan application process and during the
loan period, the commissioner may require loan applicants or loan recipients to provide the
commissioner with information for the commissioner to evaluate the need for or the use of
the loan.
new text end

new text begin (b) By January 15 of each of the two years following a calendar year in which loans are
issued under this section, the commissioner shall report the following information to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance for loans issued in the previous two calendar
years:
new text end

new text begin (1) the total number of loans issued under this section in each of the previous two calendar
years;
new text end

new text begin (2) the total amount of money loaned under this section in each of the previous two
calendar years; and
new text end

new text begin (3) for each loan recipient in the previous two calendar years, the name of the loan
recipient, loan amount, uses of the loan funds, and the amount spent for each use.
new text end

new text begin Subd. 8. new text end

new text begin Data classification. new text end

new text begin (a) Data collected by the commissioner during the
application process under subdivisions 4 and 7, paragraph (a), are private data on individuals,
as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02,
subdivision 9.
new text end

new text begin (b) Data specified in paragraph (a) become public when the applicant receives a grant
or loan, except that the following data remain private data on individuals or nonpublic data:
new text end

new text begin (1) financial information collected by the commissioner during the application process;
new text end

new text begin (2) data on patients; and
new text end

new text begin (3) design, market, and feasibility studies collected by the commissioner during the
application process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginTRANSFER; HEALTH CARE RESPONSE REVOLVING ACCOUNT.
new text end

new text begin The commissioner of management and budget shall transfer $....... from the general fund
to the health care response revolving account under Minnesota Statutes, section 144.4188,
for no-interest or low-interest loans to health care providers, health care clinics, health care
facilities, and health systems to plan for, prepare for, or respond to a communicable disease
outbreak.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end