SF 3531

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 10:29am

A bill for an act
relating to health; prohibiting questions related to provider health conditions on
credentialing applications; establishing the health care professional well-being
recognition grant program; establishing the physician wellness program; requiring
an awareness campaign on well-being of health care workers; appropriating money;
amending Minnesota Statutes 2022, section 62Q.097, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 144; 214.

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

Section 1.

Minnesota Statutes 2022, section 62Q.097, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Prohibited application questions. new text end

new text begin An application for provider credentialing
must not:
new text end

new text begin (1) require the provider to disclose past health conditions;
new text end

new text begin (2) require the provider to disclose current health conditions, if they are being treated
so that the condition does not affect the provider's ability to practice medicine; or
new text end

new text begin (3) require the disclosure of any health conditions which would not affect the provider's
ability to practice medicine in a competent, safe, and ethical manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to applications for provider credentialing
submitted to a health plan company on or after January 1, 2025.
new text end

Sec. 2.

new text begin [144.0765] HEALTH CARE PROFESSIONAL WELL-BEING
RECOGNITION GRANT PROGRAM.
new text end

new text begin (a) The commissioner of health must award a grant to a nonprofit medical association
to establish and operate the Minnesota health care professional well-being recognition
program. The grant recipient must establish a program to:
new text end

new text begin (1) recognize hospitals, clinics, and health care systems that identify clinician well-being
as a foundational priority and inspire collective action to prioritize institutionalized health
care professional well-being as a core value;
new text end

new text begin (2) facilitate cross-organization opportunities to share and promote adoption of effective
approaches for evidence-informed best practices in health professional well-being;
new text end

new text begin (3) leverage increased transparency to increase accountability for organizations to address
system solutions and implement optimal well-being practices; and
new text end

new text begin (4) publicly recognize Minnesota health care institutions that have committed to creating
and sustaining positive work environments and culture to prevent and reduce burnout, foster
professional well-being, and support quality care.
new text end

new text begin (b) The grant recipient must convene a steering committee that includes representatives
from medicine, nursing, and other health care professionals to develop recognition criteria,
eligibility guidelines, and program timelines. The steering committee must develop well-being
centered materials intended to help health systems leaders interested in implementing
programs and practices that promote health care professional well-being.
new text end

new text begin (c) For a health care institution to receive recognition through the health care professional
well-being recognition program, the institution must demonstrate organizational achievement
and effort in the following competency areas evaluated through self-assessment and
supporting documentation:
new text end

new text begin (1) assessment; demonstrating organizational commitment to monitoring health care
professional burnout using an assessment tool;
new text end

new text begin (2) commitment; demonstrating organizational investment in establishing an active
well-being committee or well-being office;
new text end

new text begin (3) efficiency of practice environment; demonstrating organizational commitment to
measuring and reducing time spent in after-hours work related to electronic health records;
new text end

new text begin (4) leadership; demonstrating organizational investment in promoting leadership
development;
new text end

new text begin (5) teamwork; demonstrating organizational commitment to promoting and measuring
teamwork and team-based care; and
new text end

new text begin (6) support; demonstrating establishment of peer support programs.
new text end

Sec. 3.

new text begin [214.41] PHYSICIAN WELLNESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "physician wellness program"
means a program of evaluation, counseling, or other modality to address an issue related to
career fatigue or wellness related to work stress for physicians licensed under chapter 147
that is administered by a statewide association that is exempt from taxation under United
States Code, title 26, section 501(c)(6), and that primarily represents physicians and
osteopaths of multiple specialties. The term does not include the provision of services
intended to monitor for impairment under the authority of section 214.31.
new text end

new text begin Subd. 2. new text end

new text begin Confidentiality. new text end

new text begin Any record of a person's participation in a physician wellness
program is confidential and not subject to discovery, subpoena, or a reporting requirement
to the applicable board, unless the person voluntarily provides for written release of the
information, or the disclosure is required to meet the licensee's obligation to report according
to section 147.111.
new text end

new text begin Subd. 3. new text end

new text begin Civil liability. new text end

new text begin Any person, agency, institution, facility, or organization employed
by, contracting with, or operating a physician wellness program, when acting in good faith,
is immune from civil liability for any action related to their duties in connection with a
physician wellness program.
new text end

Sec. 4. new text begin APPROPRIATION; STIGMA AND BARRIERS RELATED TO CARE FOR
CLINICIANS GRANT.
new text end

new text begin $500,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of health to provide a grant to the Minnesota Medical Association to create and conduct an
awareness and education campaign focused on burnout and well-being of health care workers,
designed to reduce the stigma of receiving mental health services, to encourage health care
workers who are experiencing workplace-related fatigue to receive the care they need, and
to normalize the process for seeking help. The campaign must be targeted to health care
professionals, including physicians, nurses, and other members of the health care team. The
campaign must include resources for health care professionals seeking help to address
burnout and well-being. This is a onetime appropriation.
new text end

Sec. 5. new text begin APPROPRIATION; HEALTH CARE PROFESSIONAL WELL-BEING
RECOGNITION PROGRAM.
new text end

new text begin $500,000 in fiscal year 2025 and $500,000 in fiscal year 2026 are appropriated from the
general fund to the commissioner of health to provide a grant to the Minnesota Medical
Association for the health care professional well-being recognition program under Minnesota
Statutes, section 144.0765.
new text end