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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 307-H.F.No. 3209 
                  An act relating to health care; modifying the major 
                  commitment expenditure report requirements; amending 
                  Minnesota Statutes 1998, section 62J.17, by adding a 
                  subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 62J.17, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [RADIATION THERAPY FACILITIES.] This subdivision 
        shall apply only to those major spending commitments that are 
        related to the purchase, construction, or leasing of a radiation 
        therapy facility. 
           (a) [DEFINITION OF PROVIDER.] The term "provider" shall 
        mean:  
           (1) a provider as defined in section 62J.03, subdivision 8; 
           (2) a person or organization that, upon engaging in an 
        activity related to a major spending commitment, will become a 
        provider as defined in section 62J.03, subdivision 8; 
           (3) an organization under common control with an 
        organization described in clause (1) or (2); or 
           (4) an organization that manages a person or organization 
        described in clause (1), (2), or (3). 
           (b) [CRITERIA FOR REVIEW.] In conducting the retrospective 
        or prospective review, the commissioner shall consider the 
        criteria described in subdivision 5a, paragraph (a), in 
        determining whether the major spending commitment was 
        appropriate.  In addition, the commissioner shall consider the 
        following criteria: 
           (1) the alternatives available to patients in terms of 
        avoiding an unwarranted duplication based on whether additional 
        capacity is needed of services, facilities, or equipment in and 
        around the location of the major spending commitment; and 
           (2) the best interests of the patients, including conflicts 
        of interest that may be present in influencing the utilization 
        of the services, facility, or equipment relating to the major 
        spending commitment.  
           (c) [PENALTIES AND REMEDIES.] In addition to subdivision 
        6a, paragraph (c), the commissioner has the authority to pursue 
        the following remedies:  
           (1) assessment of fines against providers violating 
        subdivision 6a, paragraph (a), of up to triple the amount of the 
        major spending commitment; 
           (2) securing a permanent injunction against providers 
        violating subdivision 6a, paragraph (a), halting the purchase or 
        construction of a facility, prohibiting the operation of a 
        facility, or the providing of a service related to the major 
        spending commitment; and 
           (3) obtaining a court order to invalidate any purchase 
        agreement, management agreement, lease, or other contract 
        relating to the major spending commitment or the conduct of any 
        activity relating to the major spending commitment.  
           (d) [SCOPE OF PROSPECTIVE REVIEW.] If a provider fails the 
        retrospective review of a major spending commitment that is 
        identified under this subdivision, the prospective review and 
        approval required under subdivision 6a shall be limited to major 
        spending commitments that are identified under this subdivision. 
           (e) [EXEMPTION.] The provisions of this subdivision do not 
        apply to radiation therapy facilities owned and operated or 
        managed by a hospital licensed under chapter 144. 
           Presented to the governor March 30, 2000 
           Signed by the governor April 3, 2000, 2:04 p.m.