SF 2136

as introduced - 91st Legislature (2019 - 2020) Posted on 03/08/2019 08:36am

A bill for an act
relating to health; requiring consultation with and approval by affected
municipalities before approval or implementation of a change in services provided
by an ambulance service; amending Minnesota Statutes 2018, sections 144E.001,
by adding a subdivision; 144E.07, by adding a subdivision; 144E.11, subdivisions
3, 4, 6, 7; 144E.14; 144E.15; proposing coding for new law in Minnesota Statutes,
chapter 144E.

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

Section 1.

Minnesota Statutes 2018, section 144E.001, is amended by adding a subdivision
to read:

new text begin Subd. 5i. new text end

new text begin Change in services provided by an ambulance service. new text end

new text begin "Change in services
provided by an ambulance service" means:
new text end

new text begin (1) a change in the ambulance service designated by the board to serve the primary
service area where the municipality is located;
new text end

new text begin (2) a change in the ambulance service operating ambulances in the primary service area
where the municipality is located, by entering into or terminating a contract with the
ambulance service designated by the board;
new text end

new text begin (3) a change in the number of ambulances being operated in the primary service area
where the municipality is located;
new text end

new text begin (4) a change in the number or type of ambulance service personnel staffing ambulances
in the primary service area where the municipality is located;
new text end

new text begin (5) a transfer of the license or ownership of the ambulance service in the primary service
area where the municipality is located;
new text end

new text begin (6) relocation of an ambulance service's base of operations in the primary services area
where the municipality is located;
new text end

new text begin (7) a change in the type of service provided in the primary service area where the
municipality is located; or
new text end

new text begin (8) a change in the boundaries of the primary service area where the municipality is
located.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144E.07, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Municipal consultation and approval required. new text end

new text begin An ambulance service
seeking to change its primary service area under this section must consult with each
municipality affected by the proposed change. The board shall not approve an ambulance
service's application under this section unless the change is approved by each municipality
affected by the proposed change, as required by section 144E.105.
new text end

Sec. 3.

new text begin [144E.105] MUNICIPAL CONSULTATION AND APPROVAL REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin System to inform and consult with municipalities. new text end

new text begin The board shall
establish a system for the board and licensed ambulance services to inform an affected
municipality of a change in services provided by an ambulance service in the primary service
area where the municipality is located and to consult with affected municipalities about the
proposed changes prior to implementation. The system shall be designed to inform
municipalities of a proposed change in a timely way; allow affected municipalities to provide
feedback and express any concerns about a proposed change; provide a mechanism for
affected municipalities to approve or disapprove a proposed change; and allow the board,
ambulance services, and affected municipalities to cooperatively modify a proposed change
to address any concerns expressed by affected municipalities.
new text end

new text begin Subd. 2. new text end

new text begin Affected municipality; consultation and approval required. new text end

new text begin Before the board
approves or an ambulance service implements a change in services provided by an ambulance
service, the board or ambulance service must consult with each municipality affected by
the proposed change. The board shall not approve, and an ambulance shall not implement,
a change in services provided by an ambulance service, unless the change is approved by
each municipality affected by the proposed change.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144E.11, subdivision 3, is amended to read:

Subd. 3.

Comments new text begin ; consultation new text end .

Each municipality, county, community health board,
governing body of a regional emergency medical services system, ambulance service, and
other person wishing to make recommendations concerning the disposition of the application
shall make written recommendations or comments opposing the application to the board
within 30 days of the publication of notice of the application in the State Register. new text begin If approval
of the application would result in a change in services provided by an ambulance service,
the board and ambulance service must consult with each municipality affected by the
proposed change, as required by section 144E.105.
new text end

Sec. 5.

Minnesota Statutes 2018, section 144E.11, subdivision 4, is amended to read:

Subd. 4.

Contested case exemption; procedure.

(a) If no more than five written
comments opposing the application have been received by the board under subdivision 3,
and the board has determined, after considering the factors listed under subdivision 6, that
the proposed service or expansion of primary service area is needed, the applicant shall be
exempt from the contested case hearing process under subdivision 5.

(b) An applicant exempted from a contested case hearing under this subdivision shall
furnish additional information, as requested by the board, to support its application. The
board shall approve the application and grant a license to the applicant within 30 days after
final submission of requested information to the board, and upon a determination by the
board that the applicant is in compliance with the rules adopted by the board and with the
inspection requirements of section 144E.18. new text begin If approval of the application would result in
a change in services provided by an ambulance service, the board shall not approve the
application unless the application is approved by each affected municipality that is located
in the applicant's primary service area, as required by section 144E.105.
new text end

(c) If an applicant does not comply with the inspection requirements under section
144E.18 within one year of the board's approval of its application, the license shall be denied.
The one-year time limit applies to any licensing decision made by the board or to any prior
licensing decision made by the commissioner of health or an administrative law judge.

(d) If, after considering the factors under subdivision 6, the board determines that the
proposed service or expansion of primary service area is not needed, the case shall be treated
as a contested case under subdivision 5, paragraphs (c) to (g).

Sec. 6.

Minnesota Statutes 2018, section 144E.11, subdivision 6, is amended to read:

Subd. 6.

Review criteria.

new text begin (a) new text end When reviewing an application for licensure, the board
and administrative law judge shall consider the following factors:

(1) the recommendations or comments of the governing bodies of the counties,
municipalities, community health boards, and regional emergency medical services system
designated under section 144E.50 in which the service would be provided;

(2) the deleterious effects on the public health from duplication, if any, of ambulance
services that would result from granting the license;

(3) new text begin for a change in services provided by an ambulance service, whether the change was
approved by each affected municipality;
new text end

new text begin (4) new text end the estimated effect of the proposed service or expansion in primary service area on
the public health; and

deleted text begin (4) deleted text end new text begin (5) new text end whether any benefit accruing to the public health would outweigh the costs
associated with the proposed service or expansion in primary service area.

new text begin (b) new text end The administrative law judge shall recommend that the board either grant or deny a
license or recommend that a modified license be granted. The reasons for the recommendation
shall be set forth in detail. The administrative law judge shall make the recommendations
and reasons available to any individual requesting them.

Sec. 7.

Minnesota Statutes 2018, section 144E.11, subdivision 7, is amended to read:

Subd. 7.

Licensing decision.

After receiving the administrative law judge's report, the
board shall approve or deny the application and grant the license within 60 days if the
application is approved, and upon determination by the board, that the applicant is in
compliance with the rules adopted by the board and with the inspection requirements of
section 144E.18. new text begin If approval of the application would result in a change in services provided
by an ambulance service, the board shall not approve the application unless the application
is approved by each affected municipality that is located in the applicant's primary service
area, as required by section 144E.105. new text end In approving or denying an application, the board
shall consider the administrative law judge's report, the evidence contained in the application,
and any hearing record and other applicable evidence. The board's decision shall be based
on a consideration of the factors contained in subdivision 6. If the board determines to grant
the applicant a license, the applicant must comply with the inspection requirements under
144E.18 within one year of the board's approval of the application or the license will be
denied. This one-year time limit applies to any licensing decision by the board or to any
prior licensing decision made by the commissioner of health or an administrative law judge.

Sec. 8.

Minnesota Statutes 2018, section 144E.14, is amended to read:

144E.14 TRANSFER OF LICENSE OR OWNERSHIP.

A license, or the ownership of a licensed ambulance service, may be transferred only
upon approval of new text begin : (1) new text end the board, based upon a finding that the proposed licensee or proposed
new owner of a licensed ambulance service meets or will meet the requirements of sections
144E.101 to 144E.127 new text begin ; and (2) each affected municipality, as required by section 144E.105 new text end .
If the proposed transfer would result in an addition of a new base of operations, expansion
of the service's primary service area, or provision of a new type or types of ambulance
service, the board shall require the prospective licensee or owner to comply with section
144E.11. The board may approve the license or ownership transfer prior to completion of
the application process described in section 144E.11 upon obtaining written assurances
from the proposed licensee or proposed new owner that no expansion of the service's primary
service area or provision of a new type or types of ambulance service will occur during the
processing of the application. If requesting a transfer of its base of operations, an applicant
must comply with the requirements of section 144E.15.

Sec. 9.

Minnesota Statutes 2018, section 144E.15, is amended to read:

144E.15 RELOCATION OF BASE OF OPERATIONS.

To relocate the base of operations to another municipality or township within its primary
service area, a licensee must provide written notification to the board prior to relocating.
The board shall review the proposal to determine if relocation would adversely affect service
coverage within the primary service area. The applicant must furnish any additional
information requested by the board to support its proposed transfer. new text begin The board shall not
approve the relocation proposal unless the proposal is approved by each affected municipality
that is located in the licensee's primary service area new text end new text begin , as required by section 144E.105. new text end If the
board does not approve the relocation proposal, the licensee must comply with the application
requirements for a new license under section 144E.11.