Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 29-S.F.No. 883 
                  An act relating to health; establishing procedure for 
                  requesting a variance or waiver for rules regarding 
                  the operation, construction, and equipment of 
                  hospitals; proposing coding for new law in Minnesota 
                  Statutes, chapter 144. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [144.6535] [VARIANCE OR WAIVER.] 
           Subdivision 1.  [REQUEST FOR VARIANCE OR WAIVER.] A 
        hospital may request that the commissioner grant a variance or 
        waiver from the provisions of Minnesota Rules, chapter 4640 or 
        4645.  A request for a variance or waiver must be submitted to 
        the commissioner in writing.  Each request must contain:  
           (1) the specific rule or rules for which the variance or 
        waiver is requested; 
           (2) the reasons for the request; 
           (3) the alternative measures that will be taken if a 
        variance or waiver is granted; 
           (4) the length of time for which the variance or waiver is 
        requested; and 
           (5) other relevant information deemed necessary by the 
        commissioner to properly evaluate the request for the variance 
        or waiver.  
           Subd. 2.  [CRITERIA FOR EVALUATION.] The decision to grant 
        or deny a variance or waiver must be based on the commissioner's 
        evaluation of the following criteria:  
           (1) whether the variance or waiver will adversely affect 
        the health, treatment, comfort, safety, or well-being of a 
        patient; 
           (2) whether the alternative measures to be taken, if any, 
        are equivalent to or superior to those prescribed in Minnesota 
        Rules, chapter 4640 or 4645; and 
           (3) whether compliance with the rule or rules would impose 
        an undue burden upon the applicant.  
           Subd. 3.  [NOTIFICATION OF VARIANCE.] The commissioner must 
        notify the applicant in writing of the decision.  If a variance 
        or waiver is granted, the notification must specify the period 
        of time for which the variance or waiver is effective and the 
        alternative measures or conditions, if any, to be met by the 
        applicant.  
           Subd. 4.  [EFFECT OF ALTERNATIVE MEASURES OR 
        CONDITIONS.] (a) Alternative measures or conditions attached to 
        a variance or waiver have the same force and effect as the rules 
        under Minnesota Rules, chapter 4640 or 4645, and are subject to 
        the issuance of correction orders and penalty assessments in 
        accordance with section 144.55.  
           (b) Fines for a violation of this section shall be in the 
        same amount as that specified for the particular rule for which 
        the variance or waiver was requested.  
           Subd. 5.  [RENEWAL.] A request for renewal of a variance or 
        waiver must be submitted in writing at least 45 days before its 
        expiration date.  Renewal requests must contain the information 
        specified in subdivision 1.  A variance or waiver must be 
        renewed by the commissioner if the applicant continues to 
        satisfy the criteria in subdivision 2 and the alternative 
        measures or conditions, if any, specified under subdivision 3 
        and demonstrates compliance with the alternative measures or 
        conditions imposed at the time the original variance or waiver 
        was granted.  
           Subd. 6.  [DENIAL, REVOCATION, OR REFUSAL TO RENEW.] The 
        commissioner must deny, revoke, or refuse to renew a variance or 
        waiver if it is determined that the criteria in subdivision 2 or 
        the alternative measures or conditions, if any, specified under 
        subdivision 3 are not met.  The applicant must be notified in 
        writing of the reasons for the decision and informed of the 
        right to appeal the decision.  
           Subd. 7.  [APPEAL PROCEDURE.] An applicant may contest the 
        denial, revocation, or refusal to renew a variance or waiver by 
        requesting a contested case hearing under chapter 14.  The 
        applicant must submit, within 15 days of the receipt of the 
        commissioner's decision, a written request for a hearing.  The 
        request for hearing must set forth in detail the reasons why the 
        applicant contends the decision of the commissioner should be 
        reversed or modified.  At the hearing, the applicant has the 
        burden of proving that it satisfied the criteria specified in 
        subdivision 2 or the alternative measures or conditions, if any, 
        specified under subdivision 3, except in a proceeding 
        challenging the revocation of a variance or waiver. 
           Presented to the governor April 11, 2001 
           Signed by the governor April 13, 2001, 1:55 p.m.