HF 5359

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/15/2024 10:39pm

A bill for an act
relating to health; establishing a moratorium on hospital and hospital campus
cessations in operations, curtailments of operations, relocations of health services,
and cessations in offering certain health services.

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

Section 1. new text begin MORATORIUM ON HOSPITAL OR HOSPITAL CAMPUS CLOSURES
OR CHANGES IN OPERATIONS.
new text end

new text begin (a) For purposes of this section, "hospital" means an acute care institution licensed under
Minnesota Statutes, sections 144.50 to 144.58.
new text end

new text begin (b) Notwithstanding any law to the contrary, from the effective date of this section
through June 30, 2025, a hospital or hospital campus is prohibited from:
new text end

new text begin (1) ceasing operations;
new text end

new text begin (2) curtailing operations to the extent that patients must be relocated;
new text end

new text begin (3) relocating the provision of health services to another hospital or another hospital
campus;
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new text begin (4) ceasing to offer maternity care and newborn care services, intensive care unit services,
inpatient mental health services, or inpatient substance use disorder treatment services; or
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new text begin (5) implementing an action listed in clauses (1) to (4) for which notice was provided to
the commissioner of health and the public under Minnesota Statutes, section 144.555, before
the effective date of this section.
new text end

new text begin (c) While this section is in effect, the controlling persons of a hospital or hospital campus
that plans to implement an action listed in paragraph (b) after June 30, 2025, must provide
notice of the planned action in the form and manner required in Minnesota Statutes, section
144.555.
new text end

new text begin (d) Paragraph (b) does not apply:
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new text begin (1) if the hospital ceases operations due to insolvency of the corporation in accordance
with Minnesota Statutes, chapter 317A, or if insolvency proceedings are commenced under
Minnesota Statutes, chapter 60B; or
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new text begin (2) if the cessation in or curtailment of operations, relocation of health services, or
cessation in offering certain health services is necessary, as determined by the commissioner
of health, because of a fire, tornado, flood, storm damage, or other similar disaster.
new text end

new text begin (e) Paragraph (b), clause (5), does not apply to the extent its application would impair
or affect the obligations in a preexisting contract.
new text end

new text begin (f) Notwithstanding any law to the contrary, the commissioner of health must enforce
this section using the powers and authority in Minnesota Statutes, section 144.653.
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