SF 52

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; allowing construction of a new
hospital in the city of Maple Grove; amending
Minnesota Statutes 2004, section 144.551, subdivision
1.

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

Section 1.

Minnesota Statutes 2004, section 144.551,
subdivision 1, is amended to read:

Subdivision 1.

Restricted construction or modification.

(a) The following construction or modification may not be
commenced:

(1) any erection, building, alteration, reconstruction,
modernization, improvement, extension, lease, or other
acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one
physical facility, complex, or site to another, or otherwise
results in an increase or redistribution of hospital beds within
the state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a
hospital, clinic, or other health care facility that is a
national referral center engaged in substantial programs of
patient care, medical research, and medical education meeting
state and national needs that receives more than 40 percent of
its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a
health care facility held an approved certificate of need on May
1, 1984, regardless of the date of expiration of the
certificate;

(3) a project for which a certificate of need was denied
before July 1, 1990, if a timely appeal results in an order
reversing the denial;

(4) a project exempted from certificate of need
requirements by Laws 1981, chapter 200, section 2;

(5) a project involving consolidation of pediatric
specialty hospital services within the Minneapolis-St. Paul
metropolitan area that would not result in a net increase in the
number of pediatric specialty hospital beds among the hospitals
being consolidated;

(6) a project involving the temporary relocation of
pediatric-orthopedic hospital beds to an existing licensed
hospital that will allow for the reconstruction of a new
philanthropic, pediatric-orthopedic hospital on an existing site
and that will not result in a net increase in the number of
hospital beds. Upon completion of the reconstruction, the
licenses of both hospitals must be reinstated at the capacity
that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds
within a hospital building or identifiable complex of buildings
provided the relocation or redistribution does not result in:
(i) an increase in the overall bed capacity at that site; (ii)
relocation of hospital beds from one physical site or complex to
another; or (iii) redistribution of hospital beds within the
state or a region of the state;

(8) relocation or redistribution of hospital beds within a
hospital corporate system that involves the transfer of beds
from a closed facility site or complex to an existing site or
complex provided that: (i) no more than 50 percent of the
capacity of the closed facility is transferred; (ii) the
capacity of the site or complex to which the beds are
transferred does not increase by more than 50 percent; (iii) the
beds are not transferred outside of a federal health systems
agency boundary in place on July 1, 1983; and (iv) the
relocation or redistribution does not involve the construction
of a new hospital building;

(9) a construction project involving up to 35 new beds in a
psychiatric hospital in Rice County that primarily serves
adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a
combined licensed capacity of 130 beds or less if: (i) the new
hospital site is located within five miles of the current site;
and (ii) the total licensed capacity of the replacement
hospital, either at the time of construction of the initial
building or as the result of future expansion, will not exceed
70 licensed hospital beds, or the combined licensed capacity of
the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an
existing state facility operated by the commissioner of human
services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one
regional treatment center site to another; or from one building
or site to a new or existing building or site on the same
campus;

(12) the construction or relocation of hospital beds
operated by a hospital having a statutory obligation to provide
hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds;

(13) a construction project involving the addition of up to
31 new beds in an existing nonfederal hospital in Beltrami
County;

(14) a construction project involving the addition of up to
eight new beds in an existing nonfederal hospital in Otter Tail
County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20
new hospital beds used for rehabilitation services in an
existing hospital in Carver County serving the southwest
suburban metropolitan area. Beds constructed under this clause
shall not be eligible for reimbursement under medical
assistance, general assistance medical care, or MinnesotaCare;

(16) a project for the construction or relocation of up to
20 hospital beds for the operation of up to two psychiatric
facilities or units for children provided that the operation of
the facilities or units have received the approval of the
commissioner of human services;

(17) a project involving the addition of 14 new hospital
beds to be used for rehabilitation services in an existing
hospital in Itasca County; deleted text begin or
deleted text end

(18) a project to add 20 licensed beds in existing space at
a hospital in Hennepin County that closed 20 rehabilitation beds
in 2002, provided that the beds are used only for rehabilitation
in the hospital's current rehabilitation building. If the beds
are used for another purpose or moved to another location, the
hospital's licensed capacity is reduced by 20 beds new text begin ; or
new text end

new text begin (19) a project for the construction of a new hospital in
the city of Maple Grove with a licensed capacity of up to 80
beds by an existing hospital that relocates or redistributes the
beds from its current site in the city of Robbinsdale, and
including the addition of 180 new hospital beds beginning in
2010, provided:
new text end

new text begin (i) the new facility is within 11 miles of the current
site;
new text end

new text begin (ii) the relocation or redistribution of beds will allow
the existing hospital to upgrade existing double-occupancy rooms
to single-occupancy; and
new text end

new text begin (iii) the relocation or redistribution does not result in
an increase in overall bed capacity between the new hospital and
the existing hospital except as provided in this clause.
new text end

new text begin The commissioner must review the plans for the project and
determine that it meets the following criteria:
new text end

new text begin (A) the existing hospital demonstrates the ability to
provide and staff sufficient new beds to meet the growing needs
of the Maple Grove service area;
new text end

new text begin (B) the new hospital provides inpatient and outpatient
adult and adolescent mental health services including adolescent
crisis services as approved by the commissioner of health, in
consultation with the commissioner of human services;
new text end

new text begin (C) the new hospital is a site for workforce development
for a broad spectrum of health-care-related occupations and has
a commitment to providing clinical training programs for
physicians and other health care providers;
new text end

new text begin (D) the existing hospital has a record of providing high
quality health care services, and demonstrates a commitment to
quality care, cost-effective health care services, and patient
safety;
new text end

new text begin (E) the new hospital has an automated patient medical
records system, including physician order entry;
new text end

new text begin (F) the new hospital has a positive impact on the viability
of existing providers, including physicians, in the Maple Grove
service area;
new text end

new text begin (G) the new hospital increases competition in the health
care marketplace and will not add to the pressure to consolidate
the provision of health care services;
new text end

new text begin (H) the new hospital includes ambulatory care services
colocated with the hospital component of the project, including
mental health services, urgent care services, pediatrics, and
imaging services;
new text end

new text begin (I) the new hospital provides a broad range of senior
services to enable seniors to remain living in the community;
and
new text end

new text begin (J) the new hospital has a positive impact on the emergency
medical services system, including the coordination and
provision of trauma services and the licensed emergency
ambulance providers currently serving the area, and a positive
impact on the continuity of patient emergency medical care.
new text end

new text begin The commissioner shall solicit the input of legislators and
local officials who represent the hospital service area.
new text end

new text begin The commissioner shall require the applicant to reimburse
the Department of Health for all agency costs incurred in
reviewing and determining compliance with the criteria specified
in this clause.
new text end