SF 1954

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; modifying the ambulance licensing 
  1.3             procedure; amending Minnesota Statutes 1995 
  1.4             Supplement, sections 144.802, subdivisions 3, 4, and 
  1.5             5; and 144.803. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   144.802, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [APPLICATIONS; NOTICE OF APPLICATION; 
  1.10  RECOMMENDATIONS.] (a) Each prospective licensee and each present 
  1.11  licensee wishing to offer a new type or types of ambulance 
  1.12  service, to establish a new base of operation, or to expand a 
  1.13  primary service area, shall make written application for a 
  1.14  license to the board on a form provided by the board.  
  1.15     (b) The board shall review the application for 
  1.16  completeness, clarity, and content. 
  1.17     (c) For applications for the provision of ambulance 
  1.18  services in a service area located within a county, the board 
  1.19  shall promptly send notice of the completed application to the 
  1.20  county board and to each community health board, governing body 
  1.21  of a regional emergency medical services system designated under 
  1.22  section 144.8093, ambulance service, and municipality in the 
  1.23  area in which ambulance service would be provided by the 
  1.24  applicant.  The board shall publish the notice, at the 
  1.25  applicant's expense, in the State Register and in a newspaper in 
  2.1   the municipality in which the base of operation will be located, 
  2.2   or if no newspaper is published in the municipality or if the 
  2.3   service would be provided in more than one municipality, in a 
  2.4   newspaper published at the county seat of the county in which 
  2.5   the service would be provided.  
  2.6      (d) (c) For applications for the provision of ambulance 
  2.7   services in a service area larger than a county, the board shall 
  2.8   promptly send notice of the completed application to the 
  2.9   municipality in which the service's base of operation will be 
  2.10  located and to each community health board, county board, 
  2.11  governing body of a regional emergency medical services system 
  2.12  designated under section 144.8093, and ambulance service located 
  2.13  within the counties in which any part of the service area 
  2.14  described by the applicant is located, and any contiguous 
  2.15  counties.  The board shall publish this notice, at the 
  2.16  applicant's expense, in the State Register.  
  2.17     (e) Within 30 days of receiving a completed application, 
  2.18  (d) The board shall forward the application, along with any 
  2.19  recommendations regarding the application, and shall request 
  2.20  that the chief administrative law judge appoint an 
  2.21  administrative law judge to hold a public hearing in the 
  2.22  municipality in which the service's base of operation will be 
  2.23  located.  The public hearing shall be conducted as contested 
  2.24  case hearing under chapter 14. 
  2.25     (f) (e) Each municipality, county, community health board, 
  2.26  governing body of a regional emergency medical services system, 
  2.27  ambulance service, and other person wishing to make 
  2.28  recommendations concerning the disposition of the application 
  2.29  shall make written recommendations to the administrative law 
  2.30  judge within 30 days of the publication of notice of the 
  2.31  application in the State Register.  
  2.32     (g) (f) The administrative law judge shall:  
  2.33     (1) hold a public hearing in the municipality in which the 
  2.34  service's base of operations is or will be located; 
  2.35     (2) provide notice of the public hearing in the newspaper 
  2.36  or newspapers in which notice was published under paragraph (b) 
  3.1   for two successive weeks at least ten days before the date of 
  3.2   the hearing; 
  3.3      (3) allow any interested person the opportunity to be 
  3.4   heard, to be represented by counsel, and to present oral and 
  3.5   written evidence at the public hearing; and 
  3.6      (4) provide a transcript of the hearing at the expense of 
  3.7   any individual requesting it; and 
  3.8      (5) consider and make part of the public record the 
  3.9   recommendations of the board. 
  3.10     (h) (g) The administrative law judge shall review and 
  3.11  comment upon the application and shall forward a decision and 
  3.12  order make a written recommendation as to its disposition to the 
  3.13  board within 90 days of receiving notice of the application.  In 
  3.14  making the decision recommendation, the administrative law judge 
  3.15  shall consider and make written comments as to whether the 
  3.16  proposed service, change in base of operations, or expansion in 
  3.17  primary service area is needed, based on consideration of the 
  3.18  following factors:  
  3.19     (1) the relationship of the proposed service, change in 
  3.20  base of operations or expansion in primary service area to the 
  3.21  current community health plan as approved by the commissioner of 
  3.22  health under section 145A.12, subdivision 4; 
  3.23     (2) the recommendations or comments of the governing bodies 
  3.24  of the counties, municipalities, and regional emergency medical 
  3.25  services system designated under section 144.8093 in which the 
  3.26  service would be provided; 
  3.27     (3) the deleterious effects on the public health from 
  3.28  duplication, if any, of ambulance services that would result 
  3.29  from granting the license; 
  3.30     (4) the estimated effect of the proposed service, change in 
  3.31  base of operation or expansion in primary service area on the 
  3.32  public health; 
  3.33     (5) whether any benefit accruing to the public health would 
  3.34  outweigh the costs associated with the proposed service, change 
  3.35  in base of operations, or expansion in primary service area.  
  3.36     The administrative law judge shall order recommend that the 
  4.1   board to grant or deny a license or order recommend that a 
  4.2   modified license be granted.  The reasons for the order 
  4.3   recommendation shall be set forth in detail.  The administrative 
  4.4   law judge shall make the order recommendation and reasons 
  4.5   available to any individual requesting them.  
  4.6      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  4.7   144.802, subdivision 4, is amended to read: 
  4.8      Subd. 4.  [ISSUANCE OF LICENSE BOARD'S DECISION.] Within 30 
  4.9   days after receiving the administrative law judge's order 
  4.10  report, the board shall grant or deny a license to the 
  4.11  applicant.  In granting or denying a license, the board shall 
  4.12  consider the judge's report, the evidence contained in the 
  4.13  application, and any hearing record and other applicable 
  4.14  evidence.  The board's decision shall be based on a 
  4.15  consideration of the factors contained in subdivision 3, 
  4.16  paragraph (g).  If the board's decision is different from the 
  4.17  judge's recommendation, the board shall set forth in detail the 
  4.18  reasons for differing from the recommendation. 
  4.19     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  4.20  144.802, subdivision 5, is amended to read: 
  4.21     Subd. 5.  [CONTESTED CASES.] The board's decision made 
  4.22  under subdivision 3a or the administrative law judge's decision 
  4.23  under subdivision 3 4 shall be the final administrative decision.
  4.24  Any person aggrieved by the board's decision or action shall be 
  4.25  entitled to judicial review in the manner provided in sections 
  4.26  14.63 to 14.69.  
  4.27     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  4.28  144.803, is amended to read: 
  4.29     144.803 [LICENSING; SUSPENSION AND REVOCATION.] 
  4.30     The board may initiate, after conducting a contested case 
  4.31  hearing upon reasonable notice to, suspend, revoke, or refuse to 
  4.32  renew the license of a licensee upon finding that the licensee 
  4.33  has violated sections 144.801 to 144.808 or has ceased to 
  4.34  provide the service for which it is licensed.  The decision of 
  4.35  the administrative law judge in the contested case hearing shall 
  4.36  be the decision of the board. 
  5.1      Sec. 5.  [EFFECTIVE DATE.] 
  5.2      Sections 1 to 4 are effective July 1, 1996.