Minnesota Legislature
SF 248
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/18/2012 01:18pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to health; establishing criteria that must be met before a new radiation
1.3therapy facility can be constructed; requiring a study of radiation therapy
1.4facilities capacity; appropriating money;amending Minnesota Statutes 2010,
1.5section 144.5509.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.8144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.9 (a) A radiation therapy facility may be constructed only by an entity owned,
1.10operated, or controlled by a hospital licensed according to sections144.50 to
144.56 either
1.11alone or in cooperation with another entity.
1.12 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.13of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.14Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.15Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.16reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.17is within one mile of the existing facility. This paragraph does not apply to a radiation
1.18therapy facility that is being built attached to a community hospital in Wright County and
1.19meets the following conditions prior to August 1, 2007: the capital expenditure report
1.20required under Minnesota Statutes, section62J.17 , has been filed with the commissioner
1.21of health; a timely construction schedule is developed, stipulating dates for beginning,
1.22achieving various stages, and completing construction; and all zoning and building permits
1.23applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.24necessary to relocate a radiation therapy machine from a community hospital-owned
2.1radiation therapy facility located in the city of Maplewood to a community hospital
2.2campus in the city of Woodbury within the same health system. This paragraph expires
2.3August 1, 2014.
2.4(c) Notwithstanding paragraph (a), after August 1, 2014, the construction of a
2.5radiation therapy facility located in any of the following counties: Hennepin, Ramsey,
2.6Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
2.7Chisago, Isanti, and Wright, may occur only if the following requirements are met:
2.8(1) the entity constructing the radiation therapy facility is controlled by or is under
2.9common control with a hospital licensed under sections 144.50 to 144.56; and
2.10(2) the new radiation therapy facility is located at least seven miles from an existing
2.11radiation therapy facility.
2.12(d) Any referring physician located within a county identified in paragraph (c) must
2.13provide each patient who is in need of radiation therapy services with a list of all radiation
2.14therapy facilities located within the counties identified in paragraph (c). Physicians
2.15with a financial interest in any radiation therapy facility must disclose to the patient the
2.16existence of the interest.
2.17(e) For purposes of this section, "controlled by" or "under common control with"
2.18means the possession, direct or indirect, of the power to direct or cause the direction of the
2.19policies, operations, or activities of an entity, through the ownership of, or right to vote
2.20or to direct the disposition of shares, membership interests, or ownership interests of
2.21the entity.
2.22(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.23means a direct or indirect ownership or investment interest in a radiation therapy facility
2.24or a compensation arrangement with a radiation therapy facility.
2.25(g) This section does not apply to the relocation or reconstruction of an existing
2.26radiation therapy facility if:
2.27(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.28(2) the relocation or reconstruction is located within one mile of the existing facility;
2.29and
2.30(3) the period in which the existing facility is closed and the relocated or
2.31reconstructed facility begins providing services does not exceed 12 months.
2.32 Sec. 2. STUDY OF RADIATION THERAPY FACILITIES CAPACITY.
2.33(a) To the extent of available appropriations, the commissioner of health shall
2.34conduct a study of the following: (1) current treatment capacity of the existing radiation
2.35therapy facilities within the state; (2) the present need for radiation therapy services based
3.1on population demographics and new cancer cases; and (3) the projected need in the next
3.2ten years for radiation therapy services and whether the current facilities can sustain
3.3this projected need.
3.4(b) The commissioner may contract with a qualified entity to conduct the study. The
3.5study shall be completed by March 15, 2013, and the results shall be submitted to the
3.6chairs and ranking minority members of the health and human services committees of
3.7the legislature.
3.8 Sec. 3. APPROPRIATION.
3.9In fiscal year 2013, $137,000 is appropriated from the health care access fund for
3.10a study of radiation therapy facilities capacity. This is a onetime appropriation. If an
3.11appropriation for this purpose is enacted more than once in the 2012 legislative session, it
3.12shall be implemented only once.
1.3therapy facility can be constructed; requiring a study of radiation therapy
1.4facilities capacity; appropriating money;amending Minnesota Statutes 2010,
1.5section 144.5509.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.8144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.9 (a) A radiation therapy facility may be constructed only by an entity owned,
1.10operated, or controlled by a hospital licensed according to sections
1.11alone or in cooperation with another entity.
1.12 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.13of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.14Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.15Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.16reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.17is within one mile of the existing facility. This paragraph does not apply to a radiation
1.18therapy facility that is being built attached to a community hospital in Wright County and
1.19meets the following conditions prior to August 1, 2007: the capital expenditure report
1.20required under Minnesota Statutes, section
1.21of health; a timely construction schedule is developed, stipulating dates for beginning,
1.22achieving various stages, and completing construction; and all zoning and building permits
1.23applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.24necessary to relocate a radiation therapy machine from a community hospital-owned
2.1radiation therapy facility located in the city of Maplewood to a community hospital
2.2campus in the city of Woodbury within the same health system. This paragraph expires
2.3August 1, 2014.
2.4(c) Notwithstanding paragraph (a), after August 1, 2014, the construction of a
2.5radiation therapy facility located in any of the following counties: Hennepin, Ramsey,
2.6Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
2.7Chisago, Isanti, and Wright, may occur only if the following requirements are met:
2.8(1) the entity constructing the radiation therapy facility is controlled by or is under
2.9common control with a hospital licensed under sections 144.50 to 144.56; and
2.10(2) the new radiation therapy facility is located at least seven miles from an existing
2.11radiation therapy facility.
2.12(d) Any referring physician located within a county identified in paragraph (c) must
2.13provide each patient who is in need of radiation therapy services with a list of all radiation
2.14therapy facilities located within the counties identified in paragraph (c). Physicians
2.15with a financial interest in any radiation therapy facility must disclose to the patient the
2.16existence of the interest.
2.17(e) For purposes of this section, "controlled by" or "under common control with"
2.18means the possession, direct or indirect, of the power to direct or cause the direction of the
2.19policies, operations, or activities of an entity, through the ownership of, or right to vote
2.20or to direct the disposition of shares, membership interests, or ownership interests of
2.21the entity.
2.22(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.23means a direct or indirect ownership or investment interest in a radiation therapy facility
2.24or a compensation arrangement with a radiation therapy facility.
2.25(g) This section does not apply to the relocation or reconstruction of an existing
2.26radiation therapy facility if:
2.27(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.28(2) the relocation or reconstruction is located within one mile of the existing facility;
2.29and
2.30(3) the period in which the existing facility is closed and the relocated or
2.31reconstructed facility begins providing services does not exceed 12 months.
2.32 Sec. 2. STUDY OF RADIATION THERAPY FACILITIES CAPACITY.
2.33(a) To the extent of available appropriations, the commissioner of health shall
2.34conduct a study of the following: (1) current treatment capacity of the existing radiation
2.35therapy facilities within the state; (2) the present need for radiation therapy services based
3.1on population demographics and new cancer cases; and (3) the projected need in the next
3.2ten years for radiation therapy services and whether the current facilities can sustain
3.3this projected need.
3.4(b) The commissioner may contract with a qualified entity to conduct the study. The
3.5study shall be completed by March 15, 2013, and the results shall be submitted to the
3.6chairs and ranking minority members of the health and human services committees of
3.7the legislature.
3.8 Sec. 3. APPROPRIATION.
3.9In fiscal year 2013, $137,000 is appropriated from the health care access fund for
3.10a study of radiation therapy facilities capacity. This is a onetime appropriation. If an
3.11appropriation for this purpose is enacted more than once in the 2012 legislative session, it
3.12shall be implemented only once.