Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 171-H.F.No. 1407 
                  An act relating to health; extending certain 
                  enforcement authority related to the provision of 
                  funeral goods and services; modifying provisions for 
                  public health collaboration plans; modifying rural 
                  hospital programs eligibility; repealing professional 
                  boxing regulation; amending Minnesota Statutes 2000, 
                  sections 62Q.075; 144.147, subdivision 1; 144.148, 
                  subdivision 1; 144.1483; 149A.01, by adding a 
                  subdivision; 149A.02, subdivision 14, by adding a 
                  subdivision; 149A.11; 149A.62; 149A.71, subdivision 4; 
                  149A.97, subdivision 8; repealing Minnesota Statutes 
                  2000, section 144.994; Laws 2000, chapter 488, article 
                  2, section 26. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 62Q.075, is 
        amended to read: 
           62Q.075 [LOCAL PUBLIC ACCOUNTABILITY AND COLLABORATION 
        PLAN.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "managed care organization" means a health maintenance 
        organization or community integrated service network. 
           Subd. 2.  [REQUIREMENT.] Beginning October 31, 1997 2004, 
        all managed care health maintenance organizations shall file 
        biennially with the action plans required under section 62Q.07 a 
        plan every four years with the commissioner of health describing 
        the actions the managed care health maintenance organization has 
        taken and those it intends to take to contribute to 
        achieving one or more high priority public health goals for each 
        service area in which an enrollee of the managed care 
        organization resides.  This plan must be jointly developed in 
        collaboration with the local public health units, and other 
        community organizations providing health services within the 
        same service area as the managed care health maintenance 
        organization.  Local government units with responsibilities and 
        authority defined under chapters 145A and 256E may designate 
        individuals to participate in the collaborative planning with 
        the managed care health maintenance organization to provide 
        expertise and represent community needs and goals as identified 
        under chapters 145A and 256E.  Every other year, beginning 
        October 31, 2002, all health maintenance organizations shall 
        file reports updating progress on the four-year collaboration 
        plan. 
           Subd. 3.  [CONTENTS.] The plan must address the following: 
           (a) (1) specific measurement strategies and a description 
        of any activities which contribute to one or more high priority 
        public health goals and needs of high risk and special needs 
        populations as defined and developed under chapters 145A and 
        256E; 
           (b) (2) description of the process by which the managed 
        care health maintenance organization will coordinate its 
        activities with the community health boards, and other relevant 
        community organizations servicing the same area; 
           (c) (3) documentation indicating that local public health 
        units and local government unit designees were involved in the 
        development of the plan; and 
           (d) (4) documentation of compliance with the plan filed the 
        previous year previously, including data on the previously 
        identified progress measures. 
           Subd. 4.  [REVIEW.] Upon receipt of the plan, the 
        appropriate commissioner of health shall provide a copy to the 
        local community health boards, and other relevant community 
        organizations within the managed care health maintenance 
        organization's service area.  After reviewing the plan, these 
        community groups may submit written comments on the plan 
        to either the commissioner of health or commerce, as applicable, 
        and may advise the commissioner of the managed care health 
        maintenance organization's effectiveness in assisting to achieve 
        regional high priority public health goals.  The plan may be 
        reviewed by the county boards, or city councils acting as a 
        local board of health in accordance with chapter 145A, within 
        the managed care health maintenance organization's service area 
        to determine whether the plan is consistent with the goals and 
        objectives of the plans required under chapters 145A and 256E 
        and whether the plan meets the needs of the community.  The 
        county board, or applicable city council, may also review and 
        make recommendations on the availability and accessibility of 
        services provided by the managed care health maintenance 
        organization.  The county board, or applicable city council, may 
        submit written comments to the appropriate commissioner of 
        health, and may advise the commissioner of the managed care 
        health maintenance organization's effectiveness in assisting to 
        meet the needs and goals as defined under the responsibilities 
        of chapters 145A and 256E.  The commissioner of health shall 
        develop recommendations to utilize the written comments 
        submitted as part of the licensure process to ensure local 
        public accountability.  These recommendations shall be reported 
        to the legislative commission on health care access by January 
        15, 1996.  Copies of these written comments must be provided to 
        the managed care health maintenance organization.  The plan and 
        any comments submitted must be filed with the information 
        clearinghouse to be distributed to the public. 
           Sec. 2.  Minnesota Statutes 2000, section 144.147, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] "Eligible rural hospital" 
        means any nonfederal, general acute care hospital that: 
           (1) is either located in a rural area, as defined in the 
        federal Medicare regulations, Code of Federal Regulations, title 
        42, section 405.1041, or located in a community with a 
        population of less than 5,000 10,000, according to United States 
        Census Bureau statistics, outside the seven-county metropolitan 
        area; 
           (2) has 50 or fewer beds; and 
           (3) is not for profit. 
           Sec. 3.  Minnesota Statutes 2000, section 144.148, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] (a) For purposes of this 
        section, the following definitions apply. 
           (b) "Eligible rural hospital" means any nonfederal, general 
        acute care hospital that: 
           (1) is either located in a rural area, as defined in the 
        federal Medicare regulations, Code of Federal Regulations, title 
        42, section 405.1041, or located in a community with a 
        population of less than 5,000 10,000, according to United States 
        Census Bureau Statistics, outside the seven-county metropolitan 
        area; 
           (2) has 50 or fewer beds; and 
           (3) is not for profit. 
           (c) "Eligible project" means a modernization project to 
        update, remodel, or replace aging hospital facilities and 
        equipment necessary to maintain the operations of a hospital. 
           Sec. 4.  Minnesota Statutes 2000, section 144.1483, is 
        amended to read: 
           144.1483 [RURAL HEALTH INITIATIVES.] 
           The commissioner of health, through the office of rural 
        health, and consulting as necessary with the commissioner of 
        human services, the commissioner of commerce, the higher 
        education services office, and other state agencies, shall: 
           (1) develop a detailed plan regarding the feasibility of 
        coordinating rural health care services by organizing individual 
        medical providers and smaller hospitals and clinics into 
        referral networks with larger rural hospitals and clinics that 
        provide a broader array of services; 
           (2) develop and implement a program to assist rural 
        communities in establishing community health centers, as 
        required by section 144.1486; 
           (3) administer the program of financial assistance 
        established under section 144.1484 for rural hospitals in 
        isolated areas of the state that are in danger of closing 
        without financial assistance, and that have exhausted local 
        sources of support; 
           (4) develop recommendations regarding health education and 
        training programs in rural areas, including but not limited to a 
        physician assistants' training program, continuing education 
        programs for rural health care providers, and rural outreach 
        programs for nurse practitioners within existing training 
        programs; 
           (5) develop a statewide, coordinated recruitment strategy 
        for health care personnel and maintain a database on health care 
        personnel as required under section 144.1485; 
           (6) develop and administer technical assistance programs to 
        assist rural communities in:  (i) planning and coordinating the 
        delivery of local health care services; and (ii) hiring 
        physicians, nurse practitioners, public health nurses, physician 
        assistants, and other health personnel; 
           (7) study and recommend changes in the regulation of health 
        care personnel, such as nurse practitioners and physician 
        assistants, related to scope of practice, the amount of on-site 
        physician supervision, and dispensing of medication, to address 
        rural health personnel shortages; 
           (8) support efforts to ensure continued funding for medical 
        and nursing education programs that will increase the number of 
        health professionals serving in rural areas; 
           (9) support efforts to secure higher reimbursement for 
        rural health care providers from the Medicare and medical 
        assistance programs; 
           (10) coordinate the development of a statewide plan for 
        emergency medical services, in cooperation with the emergency 
        medical services advisory council; 
           (11) establish a Medicare rural hospital flexibility 
        program pursuant to section 1820 of the federal Social Security 
        Act, United States Code, title 42, section 1395i-4, by 
        developing a state rural health plan and designating, consistent 
        with the rural health plan, rural nonprofit or public hospitals 
        in the state as critical access hospitals.  Critical access 
        hospitals shall include facilities that are certified by the 
        state as necessary providers of health care services to 
        residents in the area.  Necessary providers of health care 
        services are designated as critical access hospitals on the 
        basis of being more than 20 miles, defined as official mileage 
        as reported by the Minnesota department of transportation, from 
        the next nearest hospital or, being the sole hospital in the 
        county or, being a hospital located in a county with a 
        designated medical medically underserved area or health 
        professional shortage area, or being a hospital located in a 
        county contiguous to a county with a medically underserved area 
        or health professional shortage area.  A critical access 
        hospital located in a county with a designated medical medically 
        underserved area or a health professional shortage area or in a 
        county contiguous to a county with a medically underserved area 
        or health professional shortage area shall continue to be 
        recognized as a critical access hospital in the event the 
        medical medically underserved area or health professional 
        shortage area designation is subsequently withdrawn; and 
           (12) carry out other activities necessary to address rural 
        health problems. 
           Sec. 5.  Minnesota Statutes 2000, section 149A.01, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [NONLIMITING.] Nothing in this chapter shall be 
        construed to limit the powers granted to the commissioner of 
        health, commissioner of commerce, state attorney general, or a 
        county attorney in any other statute, law, or rule. 
           Sec. 6.  Minnesota Statutes 2000, section 149A.02, 
        subdivision 14, is amended to read: 
           Subd. 14.  [DISCIPLINARY ACTION.] "Disciplinary action" 
        means any action taken by the commissioner regulatory agency 
        against any person subject to regulation under this chapter for 
        the violation of or the threatened violation of any law, rule, 
        order, stipulation agreement, settlement, compliance agreement, 
        license, or permit adopted, issued, or enforced by 
        the commissioner regulatory agency. 
           Sec. 7.  Minnesota Statutes 2000, section 149A.02, is 
        amended by adding a subdivision to read: 
           Subd. 37a.  [REGULATORY AGENCY.] "Regulatory agency" means: 
           (1) the commissioner of health for provisions related to a 
        funeral provider who is required to be licensed, registered, or 
        issued a permit under this chapter; and 
           (2) the commissioner of commerce for provisions related to 
        insurance policies purchased by a preneed consumer to arrange 
        for funeral goods, funeral services, burial site goods, or 
        burial services. 
           Sec. 8.  Minnesota Statutes 2000, section 149A.11, is 
        amended to read: 
           149A.11 [PUBLICATION OF DISCIPLINARY ACTIONS.] 
           The regulatory agencies shall report all disciplinary 
        measures or actions taken to the commissioner.  At least 
        annually, the commissioner shall publish and make available to 
        the public a description of all disciplinary measures or actions 
        taken by the commissioner regulatory agencies.  The publication 
        shall include, for each disciplinary measure or action taken, 
        the name and business address of the licensee or intern, the 
        nature of the misconduct, and the measure or action taken by the 
        commissioner regulatory agency. 
           Sec. 9.  Minnesota Statutes 2000, section 149A.62, is 
        amended to read: 
           149A.62 [IMMUNITY; REPORTING.] 
           Any person, private agency, organization, society, 
        association, licensee, or intern who, in good faith, submits 
        information to the commissioner a regulatory agency under 
        section 149A.61 or otherwise reports violations or alleged 
        violations of this chapter, is immune from civil liability or 
        criminal prosecution.  This section does not prohibit 
        disciplinary action taken by the commissioner against any 
        licensee or intern pursuant to a self report of a violation. 
           Sec. 10.  Minnesota Statutes 2000, section 149A.71, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CASKET, ALTERNATE CONTAINER, AND CREMATION 
        CONTAINER SALES; RECORDS; REQUIRED DISCLOSURES.] Any funeral 
        provider who sells or offers to sell a casket, alternate 
        container, or cremation container to the public must maintain a 
        record of each sale that includes the name of the purchaser, the 
        purchaser's mailing address, the name of the decedent, the date 
        of the decedent's death, and the place of death.  These records 
        shall be open to inspection by the commissioner regulatory 
        agency and reported to the commissioner.  Any funeral provider 
        selling a casket, alternate container, or cremation container to 
        the public, and not having charge of the final disposition of 
        the dead human body, shall enclose within the casket, alternate 
        container, or cremation container information provided by the 
        commissioner that includes a blank certificate of death, and a 
        copy of the statutes and rules controlling the removal, 
        preparation, transportation, arrangements for disposition, and 
        final disposition of a dead human body.  This subdivision does 
        not apply to morticians, funeral directors, funeral 
        establishments, crematories, or wholesale distributors of 
        caskets, alternate containers, or cremation containers. 
           Sec. 11.  Minnesota Statutes 2000, section 149A.97, 
        subdivision 8, is amended to read: 
           Subd. 8.  [INVESTIGATIONS BY STATE AUDITOR.] Upon 
        notification from the county auditor or the commissioner of 
        health a regulatory agency of indications of violations of this 
        chapter, or upon reliable written verification by any person, 
        the state auditor shall make an independent determination of 
        whether a violation of the provisions in this chapter is 
        occurring or is about to occur.  If the state auditor finds such 
        evidence, the state auditor shall conduct any examinations of 
        accounts and records of the entity that the state auditor 
        considers the public interest to demand and shall inform the 
        appropriate agency of any finding of misconduct.  The state 
        auditor may require the entity being examined to send all books, 
        accounts, and vouchers pertaining to the receipt, disbursement, 
        and custody of funds to the office of the state auditor for 
        examination.  The person, firm, partnership, association, or 
        corporation examined under this section by the state auditor 
        shall reimburse the state auditor for expenses incurred in 
        conducting the examination within 30 days after the state 
        auditor submits its expenses.  Interest at the rate established 
        in section 549.09 shall accrue on the outstanding balance 
        starting on the 31st day after the state auditor's office 
        submits its request for expenses. 
           Sec. 12.  [TRANSFER OF ENFORCEMENT AUTHORITY.] 
           (a) The terms used in this section have the meanings given 
        in Minnesota Statutes, section 149A.02. 
           (b) Except as otherwise provided in statute, enforcement 
        authority for Minnesota Statutes, sections 149A.70, 149A.71, 
        149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97, may 
        be exercised for provisions related to insurance policies 
        purchased by a preneed consumer to arrange for funeral goods, 
        funeral services, burial site goods, or burial services, 
        enforcement authority may be exercised by the commissioner of 
        commerce. 
           (c) The commissioner of health retains enforcement 
        authority for provisions of Minnesota Statutes, chapter 149A, 
        related to funeral providers that are required to be licensed, 
        registered, or issued a permit under that chapter. 
           Sec. 13.  [REVISOR'S INSTRUCTION.] 
           The revisor of statutes shall change the term 
        "commissioner" or "commissioner of health" to "regulatory 
        agency" wherever it appears in Minnesota Statutes, sections 
        149A.04; 149A.05; 149A.06; 149A.07; 149A.08; 149A.09; 149A.10; 
        149A.60; and 149A.61, subdivisions 1, 2, 3, 6, 7, and 8. 
           Sec. 14.  [REPEALER.] 
           Minnesota Statutes 2000, section 144.994, is repealed. 
           Laws 2000, chapter 488, article 2, section 26, is repealed. 
           Presented to the governor May 21, 2001 
           Signed by the governor May 24, 2001, 1:52 p.m.