SF 4334

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 10/06/2020 11:04am

A bill for an act
relating to public health; transferring money for deposit in the public health response
contingency account; establishing a health care response fund and a provider grant
loan program; providing coverage of telemedicine services; amending Minnesota
Statutes 2018, section 144.4199, subdivision 1, by adding a subdivision.

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

ARTICLE 1

PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT

Section 1.

Minnesota Statutes 2018, section 144.4199, subdivision 1, is amended to read:

Subdivision 1.

Public health response contingency account.

A public health response
contingency account is created in the special revenue fund in the state treasury. Money in
the public health response contingency account does not cancel and is appropriated to the
commissioner of health for the purposes specified in deleted text begin subdivision deleted text end new text begin subdivisions new text end 4 new text begin and 4a
new text end when the determination criteria in subdivision 3 and the requirements in subdivisions 5,
paragraph (a), and 7, are satisfied.

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.

Minnesota Statutes 2018, section 144.4199, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Uses of funds; emergency purposes. new text end

new text begin When the criteria in subdivision 3 are
satisfied and the commissioner has complied with subdivisions 5, paragraph (a), and 7, the
commissioner, in consultation with entities such as hospitals, ambulance services licensed
under chapter 144E, emergency management, and public health agencies, may make
payments from the public health response contingency account to ambulance services
licensed under chapter 144E; health care clinics; pharmacies; health care facilities and
long-term care facilities, including but not limited to hospitals, nursing facilities, and settings
at which assisted living services or health care services are or may be provided; and health
systems, for costs that are necessary on an emergency basis to plan for, prepare for, or
respond to pandemic influenza or a communicable or infectious disease. Funds paid under
this subdivision must be used for the following purposes:
new text end

new text begin (1) the establishment and operation of temporary sites to provide testing services, to
provide treatment beds, or to isolate or quarantine affected individuals;
new text end

new text begin (2) temporary conversion of space for another purpose that will revert to its original use;
new text end

new text begin (3) staff overtime and hiring additional staff;
new text end

new text begin (4) staff training and orientation;
new text end

new text begin (5) purchasing consumable protective or treatment supplies and equipment to protect or
treat staff, visitors, and patients;
new text end

new text begin (6) development and implementation of screening and testing procedures;
new text end

new text begin (7) patient outreach activities;
new text end

new text begin (8) additional emergency transportation of patients;
new text end

new text begin (9) temporary information technology and systems costs to support patient triage,
screening, and telemedicine activities;
new text end

new text begin (10) purchasing replacement parts or filters for medical equipment that are necessary
for the equipment's operation;
new text end

new text begin (11) specialty cleaning supplies for facilities and equipment;
new text end

new text begin (12) expenses related to the isolation or quarantine of staff. These expenses must not
include payment of wages for the staff being isolated or quarantined; or
new text end

new text begin (13) other expenses that, in the judgment of the commissioner, cannot reasonably be
expected to generate income for the recipient of the funds after the outbreak ends.
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. 3. new text begin TRANSFER; PUBLIC HEALTH RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin The commissioner of management and budget shall make a onetime transfer in fiscal
year 2020 of $50,000,000 from the general fund to the public health response contingency
account under Minnesota Statutes, section 144.4199, for the uses specified in Minnesota
Statutes, section 144.4199, subdivision 4a, to plan for, prepare for, or respond to an outbreak
of SARS-CoV-2 virus and coronavirus disease 2019 (COVID-19). For purposes of this
transfer for the SARS-CoV-2 virus and coronavirus disease 2019 (COVID-19), the
determination criteria in Minnesota Statutes, section 144.4199, subdivision 3, and the
requirements in Minnesota Statutes, section 144.4199, subdivision 5, paragraph (a), and
subdivision 7, do not apply.
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

ARTICLE 2

HEALTH CARE RESPONSE FUND

Section 1.

new text begin HEALTH CARE RESPONSE FUND AND PROVIDER GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Commissioner" means the commissioner of health.
new text end

new text begin (c) "COVID-19" means SARS-CoV-2 virus and coronavirus disease 2019.
new text end

new text begin (d) "Eligible provider" means an ambulance service licensed under Minnesota Statutes,
chapter 144E; health care clinic; pharmacy; health care facility or long-term care facility,
including but not limited to a hospital, nursing facility, or setting where assisted living
services or health care services are or may be provided; or health system.
new text end

new text begin (e) "Fund" means the health care response fund established in this section.
new text end

new text begin (f) "Isolation" has the meaning given in Minnesota Statutes, section 144.419, subdivision
1.
new text end

new text begin (g) "Quarantine" has the meaning given in Minnesota Statutes, section 144.419,
subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Health care response fund. new text end

new text begin (a) A health care response fund is created in the
state treasury. Money in the fund is appropriated to the commissioner of health to:
new text end

new text begin (1) make grants to eligible providers for costs related to planning for, preparing for, or
responding to an outbreak of COVID-19;
new text end

new text begin (2) fund the establishment and operation of temporary sites to provide testing services,
to provide treatment beds, or to isolate or quarantine affected individuals, to respond to an
outbreak of COVID-19; and
new text end

new text begin (3) administer the grant program under this section, including carrying out the
commissioner's due diligence duties under this section.
new text end

new text begin (b) Interest earned on money in the fund is credited to the fund.
new text end

new text begin Subd. 3. new text end

new text begin Legislative Advisory Commission review. new text end

new text begin (a) For fiscal year 2020 and 2021,
the commissioner of management and budget shall submit proposed expenditures from the
health care response fund that exceed $1,000,000 to the Legislative Advisory Commission,
under Minnesota Statutes, section 3.30, subdivision 2, for its review and recommendation.
The commission has two days to review the proposed expenditures submitted under this
subdivision. The submission must include the total amount of the proposed expenditure,
the purpose of the proposed expenditure, the time period of the proposed expenditure, and
any additional information the commissioner of management and budget determines
necessary to properly document the proposed expenditure.
new text end

new text begin (b) Commission members may make a positive recommendation, a negative
recommendation, or no recommendation. If a majority of the commission members from
the senate and a majority of the commission members of the house of representatives make
a negative recommendation on a proposed expenditure, the commissioner may not expend
the money. If the commission makes no recommendation, the commissioner may expend
the money. Any member of the commission may request further information about a proposed
expenditure.
new text end

new text begin (c) The commission may hold a public meeting to approve or disapprove a proposed
expenditure from the health care response fund. Notwithstanding Minnesota Statutes, section
3.055, the commission may conduct a public meeting remotely. The commission may
approve or disapprove proposed expenditures without a public meeting. The commission
members may approve or disapprove proposed expenditures by written communication to
the commissioner of management and budget.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin The commissioner may make grants to eligible providers that
demonstrate a need on an urgent or emergency basis to plan for, prepare for, or respond to
the COVID-19 outbreak. The commissioner shall determine the number of grants issued
and grant amounts. The commissioner, in consultation with entities such as hospitals;
ambulance services licensed under Minnesota Statutes, chapter 144E; emergency
management; and public health agencies, shall establish priorities for the issuance of grants
by assessing:
new text end

new text begin (1) the needs across the health care system and within different regions of state for
additional resources to plan for, prepare for, and respond to the COVID-19 outbreak;
new text end

new text begin (2) whether the eligible provider may be reimbursed from another source for the cost of
planning for, preparing for, or responding to the COVID-19 outbreak; and
new text end

new text begin (3) whether the eligible provider lacks access to other resources to respond to the
COVID-19 outbreak in a timely manner or would be financially at risk without a grant under
this section.
new text end

new text begin Subd. 5. new text end

new text begin Application; grant agreement. new text end

new text begin (a) The commissioner shall develop an
application form and application process for grants under this section. An applicant must
provide the following information in the application:
new text end

new text begin (1) applicant financial information that reflects the current and projected financial position
of the applicant;
new text end

new text begin (2) how the applicant anticipates using the grant within the allowable uses;
new text end

new text begin (3) the requested grant amount;
new text end

new text begin (4) an explanation of how the grant will allow the applicant to address shortcomings or
needs in the applicant's planning, preparation for, or response to the COVID-19 outbreak;
and
new text end

new text begin (5) other information deemed necessary by the commissioner to evaluate grant
applications.
new text end

new text begin (b) Before issuing a grant to an applicant, the commissioner must obtain a signed grant
agreement from the applicant.
new text end

new text begin Subd. 6. new text end

new text begin Allowable uses of funds. new text end

new text begin The commissioner may issue grants to eligible
providers for costs of:
new text end

new text begin (1) the establishment and operation of temporary sites to provide testing services, to
provide treatment beds, or to isolate or quarantine affected individuals;
new text end

new text begin (2) temporary conversion of space for another purpose that will revert to its original use;
new text end

new text begin (3) staff overtime and hiring additional staff;
new text end

new text begin (4) staff training and orientation;
new text end

new text begin (5) purchasing consumable protective or treatment supplies and equipment to protect or
treat staff, visitors, and patients;
new text end

new text begin (6) development and implementation of screening and testing procedures;
new text end

new text begin (7) patient outreach activities;
new text end

new text begin (8) additional emergency transportation of patients;
new text end

new text begin (9) temporary information technology and systems costs to support patient triage,
screening, and telemedicine activities;
new text end

new text begin (10) purchasing replacement parts or filters for medical equipment that are necessary
for the equipment's operation;
new text end

new text begin (11) specialty cleaning supplies for facilities and equipment;
new text end

new text begin (12) expenses related to the isolation or quarantine of staff. These expenses must not
include payment of wages for the staff being isolated or quarantined; or
new text end

new text begin (13) other expenses that, in the judgment of the commissioner, cannot reasonably be
expected to generate income for the recipient of the funds after the outbreak ends.
new text end

new text begin Subd. 7. new text end

new text begin Temporary health care sites. new text end

new text begin (a) If no eligible provider is reasonably capable
of establishing and operating temporary sites to provide testing services to test individuals
for COVID-19, to provide treatment beds for patients affected by the COVID-19 outbreak,
or to isolate or quarantine individuals affected by the COVID-19 outbreak, the commissioner
may establish and operate these testing sites for these purposes.
new text end

new text begin (b) The commissioner may direct local units of government and eligible providers to
establish and operate temporary sites for the purposes specified in paragraph (a).
new text end

new text begin (c) The commissioner may make expenditures from the fund for the establishment and
operation of temporary sites for the purposes specified in paragraph (a).
new text end

new text begin Subd. 8. new text end

new text begin Condition of accepting grant. new text end

new text begin (a) As a condition of accepting a grant under
this section to plan for, prepare for, or respond to the COVID-19 outbreak, an eligible
provider must agree to the requirements in this subdivision.
new text end

new text begin (b) An eligible provider that screens or tests a patient for COVID-19 or provides health
care services to a patient to treat COVID-19 must agree not to bill uninsured patients for
the cost of the screening, testing, or treatment.
new text end

new text begin (c) An eligible provider that screens or tests a patient for COVID-19 or provides health
care services to a patient to treat COVID-19 and does not participate in the network of the
patient's health plan, must:
new text end

new text begin (1) agree to accept the median network rate as payment in full for the screening, testing,
or treatment provided to the patient; and
new text end

new text begin (2) agree not to bill the patient any amount in excess of the cost-sharing that would apply
if the provider was in-network, for the screening, testing, or treatment provided to the patient.
new text end

new text begin (d) This subdivision applies to screening, testing, and treatment services related to
COVID-19 provided on or before February 1, 2021.
new text end

new text begin Subd. 9. new text end

new text begin Use of funds for unauthorized purposes. new text end

new text begin If the commissioner determines that
a grant recipient has used awarded funds for purposes not authorized under this section or
under the grant agreement, the commissioner may:
new text end

new text begin (1) immediately terminate all or any portion of the grant agreement;
new text end

new text begin (2) recover from the grant recipient, any money previously paid and used for the
unauthorized purpose; and
new text end

new text begin (3) pursue any other remedy available under law.
new text end

new text begin Subd. 10. new text end

new text begin Assistance from other sources. new text end

new text begin If an eligible provider or local unit of
government receives funds from a nonstate source for the cost of planning for, preparing
for, or responding to the COVID-19 outbreak after receiving funds under this section for
that purpose, the eligible provider or local unit of government must notify the commissioner
of health of the amount received from the nonstate source. If the commissioner determines
that the total amount the provider or local unit of government received under this section
and from the nonstate source exceeds the provider's or local unit of government's costs to
plan for, prepare for, or respond to the COVID-19 outbreak, the provider or local unit of
government must pay the commissioner the amount that exceeds the costs, up to the amount
of funding provided under this section. All money paid to the commissioner under this
subdivision must be deposited in the general fund.
new text end

new text begin Subd. 11. new text end

new text begin Evaluation; report. new text end

new text begin (a) During the application process and following issuance
of a grant, the commissioner may require applicants and grant recipients to provide the
commissioner with information necessary for the commissioner to evaluate the need for or
use of the grant.
new text end

new text begin (b) By January 15, 2021, the commissioner shall report the following information to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance:
new text end

new text begin (1) the total number of grants issued;
new text end

new text begin (2) the total amount of money issued as grants; and
new text end

new text begin (3) for each grant recipient, the name of the recipient, grant amount, uses of grant funds,
and amount spent for each use.
new text end

new text begin The commissioner must also post the information specified in this paragraph on the
Department of Health website.
new text end

new text begin Subd. 12. new text end

new text begin Data classification. new text end

new text begin The following data collected by the commissioner in
connection with a grant applied for or issued pursuant to this section are private data on
individuals, as defined in Minnesota Statutes, section 13.02, subdivision 12, or nonpublic
data, as defined in Minnesota Statutes, section 13.02, subdivision 9:
new text end

new text begin (1) financial information about an applicant for or recipient of a grant;
new text end

new text begin (2) data on patients served by the applicant or recipient; and
new text end

new text begin (3) design, market, or feasibility studies submitted to the commissioner by an applicant
or recipient.
new text end

new text begin Subd. 13. new text end

new text begin Expiration. new text end

new text begin This section expires 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

Sec. 2. new text begin TRANSFER; HEALTH CARE RESPONSE FUND.
new text end

new text begin The commissioner of management and budget shall make a onetime transfer in fiscal
year 2020 of $150,000,000 from the general fund to the health care response fund under
section 1, for the uses specified in section 1. Any unobligated and unexpended amount in
the fund on February 1, 2021, shall transfer to the general fund.
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

ARTICLE 3

COVERAGE OF TELEMEDICINE SERVICES

Section 1. new text begin COVERAGE OF TELEMEDICINE SERVICES PROVIDED DIRECTLY
TO A PATIENT AT THE PATIENT'S RESIDENCE; RESPONSE TO COVID-19.
new text end

new text begin (a) The definition of "originating site" under Minnesota Statutes, section 62A.671,
subdivision 7, includes a patient's residence if the patient is receiving health care services
or consultations by means of telemedicine.
new text end

new text begin (b) The definition of "telemedicine" under Minnesota Statutes, section 62A.671,
subdivision 9, includes health care services or consultations delivered to a patient at the
patient's residence.
new text end

new text begin (c) Under Minnesota Statutes, section 62A.672, subdivision 2, a health carrier shall not
exclude or reduce coverage for a health care service or consultation solely because the
service or consultation is provided via telemedicine directly to a patient at the patient's
residence.
new text end

new text begin (d) "Telemedicine" as defined in Minnesota Statutes, section 256B.0625, subdivision
3b, paragraph (d), includes the delivery of health care services or consultations with a patient
at the patient's residence and the licensed health care provider at a distant site.
new text end

new text begin (e) This section expires February 1, 2021.
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