SF 3234

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2022 08:58am

A bill for an act
relating to public health; granting the governor temporary emergency authority to
grant certain COVID-19 waivers.

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

Section 1. 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 if none of the waivers
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 alteration of a hospital that cannot
be removed at the expiration of the waiver;
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, including notice requirements
for transfers and discharges; and
new text end

new text begin (3) Minnesota Statutes, chapter 149A, for funeral establishments or morticians to allow
flexible time periods for holding decedents awaiting final disposition, establishing unlicensed
staffing standards.
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,
2023. This subdivision does not apply to nursing home transfer and discharge waivers if
necessary federal approval is not obtained prior to June 30, 2023.
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