SF 2853

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/15/2022 08:03am

A bill for an act
relating to health; temporarily modifying the authority of the Emergency Medical
Services Regulatory Board; granting the commissioner of health temporary
emergency authority to grant certain COVID waivers.

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

Section 1. new text begin EMERGENCY MEDICAL SERVICES REGULATORY BOARD
TEMPORARY AUTHORITY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 144E.266, the Emergency Medical
Services Regulatory Board may temporarily suspend any of the requirements of Minnesota
Statutes, sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13;
144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15. Any requirements
suspended under this section remain suspended until the earlier of the following:
new text end

new text begin (1) the board reinstates the requirement; or
new text end

new text begin (2) June 30, 2023.
new text end

new text begin (b) Upon adoption by the board of an internal operating procedure authorizing the
executive director to do so, the executive director may immediately temporarily suspend
requirements listed in paragraph (a) for no longer than 72 hours.
new text end

new text begin (c) This section expires June 30, 2023.
new text end

new text begin (d) No later than 48 hours after suspending a requirement under this section, the executive
director of the Emergency Medical Services Regulatory Board must provide written notice
to the chairs and ranking minority members of the legislative committees with jurisdiction
over the Emergency Medical Services Regulatory Board.
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

Sec. 2. new text begin COMMISSIONER OF HEALTH; TEMPORARY EMERGENCY
AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary emergency authority granted. new text end

new text begin The commissioner of health
is granted temporary emergency authority as described in and limited by this section. The
temporary emergency authority granted to the commissioner may only be used to grant
individual or blanket state waivers.
new text end

new text begin Subd. 2. new text end

new text begin Individual or blanket waivers permitted. new text end

new text begin Temporary individual or blanket
waivers may be granted to waive requirements in the following statutes provided a granted
waiver does not adversely affect resident or patient care or quality of the services:
new text end

new text begin (1) Minnesota Statutes, chapter 144, for hospitals relating to hospital construction
moratorium or bed capacity restrictions, except that no individual or blanket waiver may
be granted that will result in construction or other physical alterations of a hospital that
cannot be removed at the expiration of the waiver; and
new text end

new text begin (2) Minnesota Statutes, chapters 144 and 144A, for nursing homes relating to bed
moratorium, bed capacity, layaway and nonlayaway beds, and the notice timeline
requirements for residents who are transferred or discharged as a response to COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) No later than 48 hours after an individual wavier or blanket waiver
under this section goes into effect, the commissioner must provide written notice of the
waiver to the appropriate ombudsman, if any, and to the chairs and ranking minority members
of the legislative committees with jurisdiction over the Department of Health.
new text end

new text begin (b) A waiver issued or granted under this section must be posted on the Department of
Health's website within 48 hours after being issued or granted and must include a
plain-language description of the waiver.
new text end

new text begin Subd. 4. new text end

new text begin Expiration of waivers. new text end

new text begin Any waiver granted by this section expires on June 30,
2022. This subdivision does not apply to nursing home transfer and discharge waivers if
necessary federal approval is not obtained prior to June 30, 2022.
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