SF 2702

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:26pm

A bill for an act
relating to health; establishing licensure for birthing centers; amending
Minnesota Statutes 2008, section 256B.0625, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.615] BIRTHING CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
have the meanings given.
new text end

new text begin (b) "Birthing center" means a facility licensed for the primary purpose of performing
low-risk deliveries that is not a hospital or attached to a hospital, and where births are
planned to occur away from the mother's usual residence following a low-risk pregnancy.
new text end

new text begin (c) "CABC" means the Commission for the Accreditation of Birth Centers.
new text end

new text begin (d) "Low-risk pregnancy" means a normal, uncomplicated prenatal course as
determined by documentation of adequate prenatal care and the anticipation of a normal
uncomplicated labor and birth, as defined by reasonable and generally accepted criteria
adopted by professional groups for maternal, fetal, and neonatal health care, and generally
accepted by the health care providers to whom they apply.
new text end

new text begin Subd. 2. new text end

new text begin License required. new text end

new text begin (a) Beginning January 1, 2011, no birthing center
shall be established, operated, or maintained in the state without first obtaining a license
from the commissioner of health according to this section. The license is effective for
one year following the date of issuance.
new text end

new text begin (b) A license issued under this section is not transferable or assignable and is subject
to suspension or revocation at any time for failure to comply with this section.
new text end

new text begin (c) A birthing center licensed under this section shall not assert, represent, offer,
provide, or imply that the center is or may render care or services other than the services it
is permitted to render within the scope of the license issued.
new text end

new text begin (d) The license must be conspicuously posted in an area where patients are admitted.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin An application for a license to operate a birthing center and
the applicable fee under subdivision 7 must be submitted to the commissioner on a form
provided by the commissioner and must contain:
new text end

new text begin (1) the name of the applicant;
new text end

new text begin (2) the site location of the birthing center;
new text end

new text begin (3) the name of the person in charge of the center;
new text end

new text begin (4) documentation that the standards described under subdivision 5 have been
met; and
new text end

new text begin (5) any other information the commissioner deems necessary.
new text end

new text begin Subd. 4. new text end

new text begin Suspension, revocation, and refusal to renew. new text end

new text begin The commissioner may
refuse to grant or renew, or may suspend or revoke, a license on any of the grounds
described under section 144.55, subdivision 6, or upon the loss of accreditation by the
CABC. The applicant or licensee is entitled to notice and a hearing as described under
section 144.55, subdivision 7.
new text end

new text begin Subd. 5. new text end

new text begin Standards for licensure. new text end

new text begin (a) To be eligible for licensure under this
section, a birthing center must be accredited by the CABC. If the birthing center loses its
accreditation, the birthing center must immediately notify the commissioner.
new text end

new text begin (b) The center must have procedures in place specifying criteria by which risk status
will be established and applied to each woman at admission and during labor.
new text end

new text begin Subd. 6. new text end

new text begin Limitations of services. new text end

new text begin The following limitations apply to the services
performed at a birthing center:
new text end

new text begin (1) surgical procedures must be limited to those normally accomplished during an
uncomplicated birth, including episiotomy and repair;
new text end

new text begin (2) no abortions may be performed; and
new text end

new text begin (3) no general or conduction anesthesia may be performed.
new text end

new text begin Subd. 7. new text end

new text begin Fees. new text end

new text begin The annual license fee for a birthing center is $......., and shall be
collected and deposited according to section 144.122.
new text end

new text begin Subd. 8. new text end

new text begin Renewal. new text end

new text begin A license issued under this section shall expire one year from
the date of issue. An application for renewal shall be submitted at least 60 days prior to
expiration of the license on forms prescribed by the commissioner of health.
new text end

new text begin Subd. 9. new text end

new text begin Records. new text end

new text begin All records maintained on each client by a birthing center are
subject to sections 144.292 to 144.298.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256B.0625, is amended by adding a
subdivision to read:

new text begin Subd. 54. new text end

new text begin Services provided in birthing centers. new text end

new text begin Medical assistance covers
services provided by a birthing center licensed under section 144.615, if the service would
otherwise be covered if provided in a hospital. The commissioner shall apply for any
necessary waivers from the Centers for Medicare and Medicaid Services to allow birthing
centers and birthing center providers to be reimbursed.
new text end