language to be deleted (2) new language
CHAPTER 85-S.F.No. 718 An act relating to health; authorizing an additional hospital accrediting organization for presumptive licensure purposes; amending Minnesota Statutes 2004, sections 144.122; 144.55, subdivisions 2, 4, 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2004, section 144.122, is amended to read: 144.122 [LICENSE, PERMIT, AND SURVEY FEES.] (a) The state commissioner of health, by rule, may prescribe reasonable procedures and fees for filing with the commissioner as prescribed by statute and for the issuance of original and renewal permits, licenses, registrations, and certifications issued under authority of the commissioner. The expiration dates of the various licenses, permits, registrations, and certifications as prescribed by the rules shall be plainly marked thereon. Fees may include application and examination fees and a penalty fee for renewal applications submitted after the expiration date of the previously issued permit, license, registration, and certification. The commissioner may also prescribe, by rule, reduced fees for permits, licenses, registrations, and certifications when the application therefor is submitted during the last three months of the permit, license, registration, or certification period. Fees proposed to be prescribed in the rules shall be first approved by the Department of Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be in an amount so that the total fees collected by the commissioner will, where practical, approximate the cost to the commissioner in administering the program. All fees collected shall be deposited in the state treasury and credited to the state government special revenue fund unless otherwise specifically appropriated by law for specific purposes. (b) The commissioner may charge a fee for voluntary certification of medical laboratories and environmental laboratories, and for environmental and medical laboratory services provided by the department, without complying with paragraph (a) or chapter 14. Fees charged for environment and medical laboratory services provided by the department must be approximately equal to the costs of providing the services. (c) The commissioner may develop a schedule of fees for diagnostic evaluations conducted at clinics held by the services for children with handicaps program. All receipts generated by the program are annually appropriated to the commissioner for use in the maternal and child health program. (d) The commissioner shall set license fees for hospitals and nursing homes that are not boarding care homes at the following levels: Joint Commission on Accreditation of Healthcare Organizations (JCAHO
hospitals) and American Osteopathic Association (AOA) hospitals $7,055 Non-JCAHO and non-AOA hospitals $4,680 plus $234 per bed Nursing home $183 plus $91 per bed The commissioner shall set license fees for outpatient surgical centers, boarding care homes, and supervised living facilities at the following levels: Outpatient surgical centers $1,512 Boarding care homes $183 plus $91 per bed Supervised living facilities $183 plus $91 per bed. (e) Unless prohibited by federal law, the commissioner of health shall charge applicants the following fees to cover the cost of any initial certification surveys required to determine a provider's eligibility to participate in the Medicare or Medicaid program: Prospective payment surveys for $ 900 hospitals Swing bed surveys for nursing homes $1,200 Psychiatric hospitals $1,400 Rural health facilities $1,100 Portable x-ray providers $ 500 Home health agencies $1,800 Outpatient therapy agencies $ 800 End stage renal dialysis providers $2,100 Independent therapists $ 800 Comprehensive rehabilitation $1,200 outpatient facilities Hospice providers $1,700 Ambulatory surgical providers $1,800 Hospitals $4,200 Other provider categories or Actual surveyor costs: additional resurveys required average surveyor cost x to complete initial certification number of hours for the survey process. These fees shall be submitted at the time of the application for federal certification and shall not be refunded. All fees collected after the date that the imposition of fees is not prohibited by federal law shall be deposited in the state treasury and credited to the state government special revenue fund. Sec. 2. Minnesota Statutes 2004, section 144.55, subdivision 2, is amended to read: Subd. 2. [DEFINITIONS.] For the purposes of this section, the following terms have the meanings given: (a) "Outpatient surgical center" or "center" means a freestanding facility organized for the specific purpose of providing elective outpatient surgery for preexamined, prediagnosed, low-risk patients. Admissions are limited to procedures that utilize general anesthesia or conscious sedation and that do not require overnight inpatient care. An outpatient surgical center is not organized to provide regular emergency medical services and does not include a physician's or dentist's office or clinic for the practice of medicine, the practice of dentistry, or the delivery of primary care. (b) "Joint commission""Approved accrediting organization" means the Joint Commission on Accreditation of Health Care Organizations or the American Osteopathic Association. Sec. 3. Minnesota Statutes 2004, section 144.55, subdivision 4, is amended to read: Subd. 4. [ROUTINE INSPECTIONS; PRESUMPTION.] Any hospital surveyed and accredited under the standards of the hospital accreditation program of the joint commissionan approved accrediting organization that submits to the commissioner within a reasonable time copies of (a) its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and (b) any further recommendations, progress reports and correspondence directly related to the accreditation is presumed to comply with application requirements of subdivision 1 and the standards requirements of subdivision 3 and no further routine inspections or accreditation information shall be required by the commissioner to determine compliance. Notwithstanding the provisions of sections 144.54 and 144.653, subdivisions 2 and 4, hospitals shall be inspected only as provided in this section. The provisions of section 144.653 relating to the assessment and collection of fines shall not apply to any hospital. The commissioner of health shall annually conduct, with notice, validation inspections of a selected sample of the number of hospitals accredited by the joint commissionan approved accrediting organization, not to exceed ten percent of accredited hospitals, for the purpose of determining compliance with the provisions of subdivision 3. If a validation survey discloses a failure to comply with subdivision 3, the provisions of section 144.653 relating to correction orders, reinspections, and notices of noncompliance shall apply. The commissioner shall also conduct any inspection necessary to determine whether hospital construction, addition, or remodeling projects comply with standards for construction promulgated in rules pursuant to subdivision 3. Pursuant to section 144.653, the commissioner shall inspect any hospital that does not have a currently valid hospital accreditation certificate from the joint commissionan approved accrediting organization. Nothing in this subdivision shall be construed to limit the investigative powers of the Office of Health Facility Complaints as established in sections 144A.51 to 144A.54. Sec. 4. Minnesota Statutes 2004, section 144.55, subdivision 5, is amended to read: Subd. 5. [COORDINATION OF INSPECTIONS.] Prior to conducting routine inspections of hospitals and outpatient surgical centers, a state agency shall notify the commissioner of its intention to inspect. The commissioner shall then determine whether the inspection is necessary in light of any previous inspections conducted by the commissioner, any other state agency, or the joint commissionan approved accrediting organization. The commissioner shall notify the agency of the determination and may authorize the agency to conduct the inspection. No state agency may routinely inspect any hospital without the authorization of the commissioner. The commissioner shall coordinate, insofar as is possible, routine inspections conducted by state agencies, so as to minimize the number of inspections to which hospitals are subject. Presented to the governor May 20, 2005 Signed by the governor May 24, 2005, 2:55 p.m.