Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 75-H.F.No. 668 
           An act relating to health; extending and creating 
          exceptions to the moratorium on hospital capacity 
          expansion; amending Laws 1984, chapter 654, article 5, 
          section 57, subdivisions 1 and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1984, chapter 654, article 5, section 57, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESTRICTED CONSTRUCTION OR MODIFICATION.] 
Until Through June 30, 1987 1990, 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.  
    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 
prior to the date of enactment of this act if a timely appeal 
results in an order reversing the denial; or 
    (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 prior to the relocation; 
    Nothing in this section prohibits (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:  (1) (i) an increase in the 
overall bed capacity at that site; (2) (ii) relocation of 
hospital beds from one physical site or complex to another; 
or (3) (iii) redistribution of hospital beds within the state or 
a region of the state; or 
    (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. 
    Sec. 2.  Laws 1984, chapter 654, article 5, section 57, 
subdivision 4, is amended to read: 
    Subd. 4.  [DEFINITIONS.] Except as indicated in this 
subdivision, the terms used in this section have the meanings 
given them under Minnesota Statutes 1982, sections 145.832 to 
145.845 and the rules adopted thereunder. 
    The term "hospital" has the meaning given it in section 
144.696, subdivision 3 144.50. 
    Sec.  3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Approved May 11, 1987