Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 549-S.F.No. 2210 
                  An act relating to health; Ramsey Health Care, Inc.; 
                  authorizing the public corporation to incorporate as a 
                  nonprofit corporation; terminating its status as a 
                  public corporation; providing for the care of the 
                  indigent of Ramsey county and other counties; 
                  providing for certain of its powers and duties; 
                  repealing Minnesota Statutes 1992, sections 246A.01; 
                  246A.02; 246A.03; 246A.04; 246A.05; 246A.06; 246A.07; 
                  246A.08; 246A.09; 246A.10; 246A.11; 246A.12; 246A.13; 
                  246A.14; 246A.15; 246A.16; 246A.17; 246A.18; 246A.19; 
                  246A.20; 246A.21; 246A.22; 246A.23; 246A.24; 246A.25; 
                  246A.26; and 246A.27. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [383A.90] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] In sections 1 and 2, the 
        definitions in this section apply. 
           Subd. 2.  [PUBLIC CORPORATION.] The "public corporation" 
        means Ramsey Health Care, Inc., established by Minnesota 
        Statutes, section 246A.02. 
           Subd. 3.  [NONPROFIT CORPORATION.] The "nonprofit 
        corporation" means the entity formed in accordance with section 
        2, subdivision 1. 
           Sec. 2.  [383A.91] [INCORPORATION AS NONPROFIT CORPORATION.] 
           Subdivision 1.  [INCORPORATION.] The board of directors of 
        the public corporation may incorporate as a nonprofit 
        corporation under Minnesota Statutes, chapter 317A.  Upon so 
        incorporating, the nonprofit corporation that results ceases to 
        be a public corporation. 
           Subd. 2.  [EMPLOYEES.] (a) Employees of either the 
        nonprofit corporation or its subsidiary corporations are not 
        public employees, except as provided under paragraph (b).  
           (b) A person who is an employee of the public corporation 
        or one of its subsidiary corporations, and is a member of the 
        public employees retirement association at the time of the 
        incorporation described in subdivision 1, shall continue to be 
        included in the definition of public employee under the public 
        employees retirement act, Minnesota Statutes, chapter 353, but 
        may terminate membership in the public employees retirement 
        association before July 1, 1995.  
           (c) For an employee who remains a member of the public 
        employees retirement association, the employing corporation 
        shall pay the employer contributions required by Minnesota 
        Statutes, section 353.27, and shall deduct from the employee's 
        salary and transmit to the association, the employee 
        contribution required by section 353.27. 
           (d) The total compensation package, including wage plus 
        benefit rates, of all employees that are members of a 
        construction or building trade for which there is a generally 
        established and recognized scale of wages inside the county, 
        must equal the total compensation package of private sector 
        construction trade employees within the county as established by 
        collective bargaining agreements. 
           Subd. 3.  [TORT LIABILITY.] Notwithstanding other law to 
        the contrary, the public corporation and its hospital subsidiary 
        corporation each are a "municipality" for purposes of tort 
        liability under Minnesota Statutes, chapter 466, with regard to 
        any claim occurring before the date of incorporation pursuant to 
        subdivision 1. 
           Subd. 4.  [LEASE OR SALE OF PROPERTY.] (a) Any lease 
        entered into under Minnesota Statutes, section 246A.11, before 
        its repeal by this act, remains in effect according to its terms.
           (b) Before July 1, 1994, any lease entered into under 
        Minnesota Statutes, section 246A.11, must be amended to provide 
        that: 
           (1) at least one seat on the board of directors of St. 
        Paul-Ramsey Medical Center or its successor or assignee must be 
        reserved for a member of the board of Ramsey county 
        commissioners to be appointed by the county board; 
           (2) any name change to the St. Paul-Ramsey Medical Center 
        facility must not be implemented without providing the Ramsey 
        county board 60 days to comment and consult with St. Paul-Ramsey 
        Medical Center or its successor or assignee; 
           (3) except as provided in subdivision 5, St. Paul-Ramsey 
        Medical Center or its successor or assignee shall continue major 
        or unique services currently provided, including but not limited 
        to the trauma center, burn unit, and teaching and research 
        services for a five-year period, and thereafter shall use its 
        best efforts to continue those services and shall consult with 
        the Ramsey county board of commissioners before discontinuing 
        those services; 
           (4) in the event of health care reform that reduces or 
        eliminates the need for St. Paul-Ramsey Medical Center or its 
        successor or assignee to provide indigent care, the county shall 
        receive replacement consideration for that indigent care 
        service, which may be paid in the form of rent or capital 
        improvements to county-owned property; 
           (5) St. Paul-Ramsey Medical Center or its successor or 
        assignee shall provide Ramsey county with a copy of its annual 
        financial statement and management letter, and an annual report 
        on the value of improvements made on county-owned property; and 
           (6) the lease may not be assigned to a for-profit 
        corporation or a subsidiary of a for-profit corporation without 
        the consent of the Ramsey county board of commissioners. 
           (c) The St. Paul-Ramsey Medical Center property owned by 
        Ramsey county may be sold or transferred only after a duly 
        noticed public hearing held before the Ramsey county board, and 
        approval of the county board, but in no event shall the 
        county-owned property be sold or transferred without adequate 
        compensation to the county. 
           Subd. 5.  [CARE OF THE INDIGENT.] (a) St. Paul-Ramsey 
        Medical Center or its successor or assignee must provide 
        hospital and medical services for the indigent of Ramsey 
        county.  The services must equal those made available to 
        nonindigent patients. 
           (b) Notwithstanding any law to the contrary, Ramsey county 
        may provide funds to buy hospital and medical services for the 
        indigent of Ramsey county from a provider selected by the county 
        with or without public bid. 
           (c) Notwithstanding any law to the contrary, any county may 
        provide funds to buy hospital and medical services for the 
        indigent of that county from a provider selected by the county 
        with or without public bid. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 1992, sections 246A.01; 246A.02; 
        246A.03; 246A.04; 246A.05; 246A.06; 246A.07; 246A.08; 246A.09; 
        246A.10; 246A.11; 246A.12; 246A.13; 246A.14; 246A.15; 246A.16; 
        246A.17; 246A.18; 246A.19; 246A.20; 246A.21; 246A.22; 246A.23; 
        246A.24; 246A.25; 246A.26; and 246A.27, are repealed. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective upon approval by the Ramsey 
        county board of commissioners and amendment of the lease as 
        required under section 2, subdivision 4, paragraph (b). 
           Presented to the governor May 2, 1994 
           Signed by the governor May 4, 1994, 3:10 p.m.