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SF 718

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; authorizing an additional hospital
accrediting organization for presumptive licensure
purposes; amending Minnesota Statutes 2004, sections
144.122; 144.55, subdivisions 2, 4, 5.

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

Section 1.

Minnesota Statutes 2004, section 144.122, is
amended to read:


144.122 LICENSE, PERMIT, AND SURVEY FEES.

(a) The state commissioner of health, by rule, may
prescribe reasonable procedures and fees for filing with the
commissioner as prescribed by statute and for the issuance of
original and renewal permits, licenses, registrations, and
certifications issued under authority of the commissioner. The
expiration dates of the various licenses, permits,
registrations, and certifications as prescribed by the rules
shall be plainly marked thereon. Fees may include application
and examination fees and a penalty fee for renewal applications
submitted after the expiration date of the previously issued
permit, license, registration, and certification. The
commissioner may also prescribe, by rule, reduced fees for
permits, licenses, registrations, and certifications when the
application therefor is submitted during the last three months
of the permit, license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first
approved by the Department of Finance. All fees proposed to be
prescribed in rules shall be reasonable. The fees shall be in
an amount so that the total fees collected by the commissioner
will, where practical, approximate the cost to the commissioner
in administering the program. All fees collected shall be
deposited in the state treasury and credited to the state
government special revenue fund unless otherwise specifically
appropriated by law for specific purposes.

(b) The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory
services provided by the department, without complying with
paragraph (a) or chapter 14. Fees charged for environment and
medical laboratory services provided by the department must be
approximately equal to the costs of providing the services.

(c) The commissioner may develop a schedule of fees for
diagnostic evaluations conducted at clinics held by the services
for children with handicaps program. All receipts generated by
the program are annually appropriated to the commissioner for
use in the maternal and child health program.

(d) The commissioner shall set license fees for hospitals
and nursing homes that are not boarding care homes at the
following levels:

Joint Commission on Accreditation of Healthcare

Organizations (JCAHO deleted text beginhospitals deleted text end)

new text begin and American Osteopathic
new text end

new text begin Association (AOA) hospitals new text end$7,055

Non-JCAHO new text beginand non-AOA new text endhospitals $4,680 plus $234 per bed

Nursing home $183 plus $91 per bed

The commissioner shall set license fees for outpatient
surgical centers, boarding care homes, and supervised living
facilities at the following levels:

Outpatient surgical centers $1,512

Boarding care homes $183 plus $91 per bed

Supervised living facilities $183 plus $91 per bed.

(e) Unless prohibited by federal law, the commissioner of
health shall charge applicants the following fees to cover the
cost of any initial certification surveys required to determine
a provider's eligibility to participate in the Medicare or
Medicaid program:

Prospective payment surveys for $ 900
hospitals
Swing bed surveys for nursing homes $1,200
Psychiatric hospitals $1,400
Rural health facilities $1,100
Portable x-ray providers $ 500
Home health agencies $1,800
Outpatient therapy agencies $ 800
End stage renal dialysis providers $2,100
Independent therapists $ 800
Comprehensive rehabilitation $1,200
outpatient facilities
Hospice providers $1,700
Ambulatory surgical providers $1,800
Hospitals $4,200
Other provider categories or Actual surveyor costs:
additional resurveys required average surveyor cost x
to complete initial certification number of hours for the
survey process.

These fees shall be submitted at the time of the
application for federal certification and shall not be
refunded. All fees collected after the date that the imposition
of fees is not prohibited by federal law shall be deposited in
the state treasury and credited to the state government special
revenue fund.

Sec. 2.

Minnesota Statutes 2004, section 144.55,
subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of this section,
the following terms have the meanings given:

(a) "Outpatient surgical center" or "center" means a
freestanding facility organized for the specific purpose of
providing elective outpatient surgery for preexamined,
prediagnosed, low-risk patients. Admissions are limited to
procedures that utilize general anesthesia or conscious sedation
and that do not require overnight inpatient care. An outpatient
surgical center is not organized to provide regular emergency
medical services and does not include a physician's or dentist's
office or clinic for the practice of medicine, the practice of
dentistry, or the delivery of primary care.

(b) deleted text begin"Joint commission" deleted text endnew text begin"Approved accrediting organization"
new text end means the Joint Commission on Accreditation of Health Care
Organizations new text beginor the American Osteopathic Associationnew text end.

Sec. 3.

Minnesota Statutes 2004, section 144.55,
subdivision 4, is amended to read:


Subd. 4.

Routine inspections; presumption.

Any hospital
surveyed and accredited under the standards of the hospital
accreditation program of deleted text beginthe joint commission deleted text endnew text beginan approved
accrediting organization
new text endthat submits to the commissioner within
a reasonable time copies of (a) its currently valid
accreditation certificate and accreditation letter, together
with accompanying recommendations and comments and (b) any
further recommendations, progress reports and correspondence
directly related to the accreditation is presumed to comply with
application requirements of subdivision 1 and the standards
requirements of subdivision 3 and no further routine inspections
or accreditation information shall be required by the
commissioner to determine compliance. Notwithstanding the
provisions of sections 144.54 and 144.653, subdivisions 2 and 4,
hospitals shall be inspected only as provided in this section.
The provisions of section 144.653 relating to the assessment and
collection of fines shall not apply to any hospital. The
commissioner of health shall annually conduct, with notice,
validation inspections of a selected sample of the number of
hospitals accredited by deleted text beginthe joint commission deleted text endnew text beginan approved
accrediting organization
new text end, not to exceed ten percent of
accredited hospitals, for the purpose of determining compliance
with the provisions of subdivision 3. If a validation survey
discloses a failure to comply with subdivision 3, the provisions
of section 144.653 relating to correction orders, reinspections,
and notices of noncompliance shall apply. The commissioner
shall also conduct any inspection necessary to determine whether
hospital construction, addition, or remodeling projects comply
with standards for construction promulgated in rules pursuant to
subdivision 3. Pursuant to section 144.653, the commissioner
shall inspect any hospital that does not have a currently valid
hospital accreditation certificate from deleted text beginthe joint commission deleted text endnew text beginan
approved accrediting organization
new text end. Nothing in this subdivision
shall be construed to limit the investigative powers of the
Office of Health Facility Complaints as established in sections
144A.51 to 144A.54.

Sec. 4.

Minnesota Statutes 2004, section 144.55,
subdivision 5, is amended to read:


Subd. 5.

Coordination of inspections.

Prior to
conducting routine inspections of hospitals and outpatient
surgical centers, a state agency shall notify the commissioner
of its intention to inspect. The commissioner shall then
determine whether the inspection is necessary in light of any
previous inspections conducted by the commissioner, any other
state agency, or deleted text beginthe joint commission deleted text endnew text beginan approved accrediting
organization
new text end. The commissioner shall notify the agency of the
determination and may authorize the agency to conduct the
inspection. No state agency may routinely inspect any hospital
without the authorization of the commissioner. The commissioner
shall coordinate, insofar as is possible, routine inspections
conducted by state agencies, so as to minimize the number of
inspections to which hospitals are subject.