1.1                                        A bill for an act&#10;1.2     relating to health; providing an exception to the hospital construction moratorium &#10;1.3     for a facility in Cass County; changing provisions of the public interest review &#10;1.4     of hospital licensing; providing an alternate approval process for new hospital &#10;1.5     construction; requiring the commissioner to recommend to the legislature &#10;1.6     proposals for new hospital construction;amending Minnesota Statutes 2004, &#10;1.7     section 144.552; Minnesota Statutes 2005 Supplement, section 144.551, &#10;1.8     subdivision 1, as amended; proposing coding for new law in Minnesota Statutes, &#10;1.9     chapter 144.&#10;1.10    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:&#10;&#10;<a id="go.0.1.0"></a>1.11        Section 1. Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1, as &#10;1.12    amended by Laws 2006, chapter 172, section 1, is amended to read:&#10;1.13        Subdivision 1. <b>Restricted construction or modification.</b> (a) The following &#10;1.14    construction or modification may not be commenced:&#10;1.15    (1) any erection, building, alteration, reconstruction, modernization, improvement, &#10;1.16    extension, lease, or other acquisition by or on behalf of a hospital that increases the bed &#10;1.17    capacity of a hospital, relocates hospital beds from one physical facility, complex, or site &#10;1.18    to another, or otherwise results in an increase or redistribution of hospital beds within &#10;1.19    the state; and&#10;1.20    (2) the establishment of a new hospital.&#10;1.21    (b) This section does not apply to:&#10;1.22    (1) construction or relocation within a county by a hospital, clinic, or other health &#10;1.23    care facility that is a national referral center engaged in substantial programs of patient &#10;1.24    care, medical research, and medical education meeting state and national needs that &#10;1.25    receives more than 40 percent of its patients from outside the state of Minnesota;&#10;2.1     (2) a project for construction or modification for which a health care facility held &#10;2.2     an approved certificate of need on May 1, 1984, regardless of the date of expiration of &#10;2.3     the certificate;&#10;2.4     (3) a project for which a certificate of need was denied before July 1, 1990, if a &#10;2.5     timely appeal results in an order reversing the denial;&#10;2.6     (4) a project exempted from certificate of need requirements by Laws 1981, chapter &#10;2.7     200, section 2;&#10;2.8     (5) a project involving consolidation of pediatric specialty hospital services within &#10;2.9     the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the &#10;2.10    number of pediatric specialty hospital beds among the hospitals being consolidated;&#10;2.11    (6) a project involving the temporary relocation of pediatric-orthopedic hospital &#10;2.12    beds to an existing licensed hospital that will allow for the reconstruction of a new &#10;2.13    philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a &#10;2.14    net increase in the number of hospital beds. Upon completion of the reconstruction, &#10;2.15    the licenses of both hospitals must be reinstated at the capacity that existed on each site &#10;2.16    before the relocation;&#10;2.17    (7) the relocation or redistribution of hospital beds within a hospital building or &#10;2.18    identifiable complex of buildings provided the relocation or redistribution does not result &#10;2.19    in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds &#10;2.20    from one physical site or complex to another; or (iii) redistribution of hospital beds within &#10;2.21    the state or a region of the state;&#10;2.22    (8) relocation or redistribution of hospital beds within a hospital corporate system &#10;2.23    that involves the transfer of beds from a closed facility site or complex to an existing site &#10;2.24    or complex provided that: (i) no more than 50 percent of the capacity of the closed facility &#10;2.25    is transferred; (ii) the capacity of the site or complex to which the beds are transferred &#10;2.26    does not increase by more than 50 percent; (iii) the beds are not transferred outside of a &#10;2.27    federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or &#10;2.28    redistribution does not involve the construction of a new hospital building;&#10;2.29    (9) a construction project involving up to 35 new beds in a psychiatric hospital in &#10;2.30    Rice County that primarily serves adolescents and that receives more than 70 percent of its &#10;2.31    patients from outside the state of Minnesota;&#10;2.32    (10) a project to replace a hospital or hospitals with a combined licensed capacity &#10;2.33    of 130 beds or less if: (i) the new hospital site is located within five miles of the current &#10;2.34    site; and (ii) the total licensed capacity of the replacement hospital, either at the time of &#10;2.35    construction of the initial building or as the result of future expansion, will not exceed 70 &#10;3.1     licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is &#10;3.2     less;&#10;3.3     (11) the relocation of licensed hospital beds from an existing state facility operated &#10;3.4     by the commissioner of human services to a new or existing facility, building, or complex &#10;3.5     operated by the commissioner of human services; from one regional treatment center &#10;3.6     site to another; or from one building or site to a new or existing building or site on the &#10;3.7     same campus;&#10;3.8     (12) the construction or relocation of hospital beds operated by a hospital having a &#10;3.9     statutory obligation to provide hospital and medical services for the indigent that does not &#10;3.10    result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 &#10;3.11    beds, of which 12 serve mental health needs, may be transferred from Hennepin County &#10;3.12    Medical Center to Regions Hospital under this clause;&#10;3.13    (13) a construction project involving the addition of up to 31 new beds in an existing &#10;3.14    nonfederal hospital in Beltrami County;&#10;3.15    (14) a construction project involving the addition of up to eight new beds in an &#10;3.16    existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;&#10;3.17    (15) a construction project involving the addition of 20 new hospital beds &#10;3.18    used for rehabilitation services in an existing hospital in Carver County serving the &#10;3.19    southwest suburban metropolitan area. Beds constructed under this clause shall not be &#10;3.20    eligible for reimbursement under medical assistance, general assistance medical care, &#10;3.21    or MinnesotaCare;&#10;3.22    (16) a project for the construction or relocation of up to 20 hospital beds for the &#10;3.23    operation of up to two psychiatric facilities or units for children provided that the operation &#10;3.24    of the facilities or units have received the approval of the commissioner of human services;&#10;3.25    (17) a project involving the addition of 14 new hospital beds to be used for &#10;3.26    rehabilitation services in an existing hospital in Itasca County;&#10;3.27    (18) a project to add 20 licensed beds in existing space at a hospital in Hennepin &#10;3.28    County that closed 20 rehabilitation beds in 2002, provided that the beds are used only &#10;3.29    for rehabilitation in the hospital's current rehabilitation building. If the beds are used for &#10;3.30    another purpose or moved to another location, the hospital's licensed capacity is reduced &#10;3.31    by 20 beds; &#10;3.32    (19) a critical access hospital established under section 144.1483, clause (9), and &#10;3.33    section 1820 of the federal Social Security Act, United States Code, title 42, section &#10;3.34    1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public &#10;3.35    Law 105-33, to the extent that the critical access hospital does not seek to exceed the &#10;3.36    maximum number of beds permitted such hospital under federal law; <del>or</del>&#10;4.1     (20) notwithstanding section 144.552, a project for the construction of a new hospital &#10;4.2     in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:&#10;4.3     (i) the project, including each hospital or health system that will own or control the &#10;4.4     entity that will hold the new hospital license, is approved by a resolution of the Maple &#10;4.5     Grove City Council as of March 1, 2006;&#10;4.6     (ii) the entity that will hold the new hospital license will be owned or controlled by &#10;4.7     one or more not-for-profit hospitals or health systems that have previously submitted a &#10;4.8     plan or plans for a project in Maple Grove as required under section 144.552, and the &#10;4.9     plan or plans have been found to be in the public interest by the commissioner of health &#10;4.10    as of April 1, 2005;&#10;4.11    (iii) the new hospital's initial inpatient services must include, but are not limited &#10;4.12    to, medical and surgical services, obstetrical and gynecological services, intensive &#10;4.13    care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, &#10;4.14    behavioral health services, and emergency room services; &#10;4.15    (iv) the new hospital:&#10;4.16    (A) will have the ability to provide and staff sufficient new beds to meet the growing &#10;4.17    needs of the Maple Grove service area and the surrounding communities currently being &#10;4.18    served by the hospital or health system that will own or control the entity that will hold &#10;4.19    the new hospital license;&#10;4.20    (B) will provide uncompensated care;&#10;4.21    (C) will provide mental health services, including inpatient beds;&#10;4.22    (D) will be a site for workforce development for a broad spectrum of health-care- &#10;4.23    related occupations and have a commitment to providing clinical training programs for &#10;4.24    physicians and other health care providers;&#10;4.25    (E) will demonstrate a commitment to quality care and patient safety;&#10;4.26    (F) will have an electronic medical records system, including physician order entry;&#10;4.27    (G) will provide a broad range of senior services;&#10;4.28    (H) will provide emergency medical services that will coordinate care with regional &#10;4.29    providers of trauma services and licensed emergency ambulance services in order to &#10;4.30    enhance the continuity of care for emergency medical patients; and&#10;4.31    (I) will be completed by December 31, 2009, unless delayed by circumstances &#10;4.32    beyond the control of the entity holding the new hospital license; and&#10;4.33    (v) as of 30 days following submission of a written plan, the commissioner of health &#10;4.34    has not determined that the hospitals or health systems that will own or control the entity &#10;4.35    that will hold the new hospital license are unable to meet the criteria of this clause<del>.</del><ins>;</ins>&#10;5.1     <ins>(21) a project for the construction of a hospital with up to 25 beds in Cass County </ins>&#10;5.2     <ins>within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's </ins>&#10;5.3     <ins>license holder is approved by the Cass County Board; or</ins>&#10;5.4     <ins>(22) a project approved under section 144.553.</ins>&#10;5.5     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>&#10;&#10;<a id="go.0.2.0"></a>5.6         Sec. 2. Minnesota Statutes 2004, section 144.552, is amended to read:&#10;5.7     <b>144.552 PUBLIC INTEREST REVIEW.</b>&#10;5.8     (a) <ins>The following entities must submit a plan to the commissioner:</ins>&#10;5.9     <ins>(1)</ins> a hospital seeking to increase its number of licensed beds<ins>;</ins> or&#10;5.10    <ins>(2)</ins> an organization seeking to obtain a hospital license <del>must submit a plan to </del>&#10;5.11    <del>the commissioner of health</del><ins> and notified by the commissioner under section 144.553, </ins>&#10;5.12    <ins>subdivision 1, paragraph (c), that it is subject to this section</ins>. &#10;5.13    The plan must include information that includes an explanation of how the expansion will &#10;5.14    meet the public's interest. When submitting a plan to the commissioner, an applicant shall &#10;5.15    pay the commissioner for the commissioner's cost of reviewing the plan, as determined &#10;5.16    by the commissioner and notwithstanding section  16A.1283. Money received by the &#10;5.17    commissioner under this section is appropriated to the commissioner for the purpose of &#10;5.18    administering this section. &#10;5.19    (b) Plans submitted under this section shall include detailed information necessary &#10;5.20    for the commissioner to review the plan and reach a finding. The commissioner may &#10;5.21    request additional information from the hospital submitting a plan under this section and &#10;5.22    from others affected by the plan that the commissioner deems necessary to review the &#10;5.23    plan and make a finding.&#10;5.24    (c) The commissioner shall review the plan and, within 90 days, but no more than &#10;5.25    six months if extenuating circumstances apply, issue a finding on whether the plan is in &#10;5.26    the public interest. In making the recommendation, the commissioner shall consider &#10;5.27    issues including but not limited to:&#10;5.28    (1) whether the new hospital or hospital beds are needed to provide timely access to &#10;5.29    care or access to new or improved services;&#10;5.30    (2) the financial impact of the new hospital or hospital beds on existing acute-care &#10;5.31    hospitals that have emergency departments in the region;&#10;5.32    (3) how the new hospital or hospital beds will affect the ability of existing hospitals &#10;5.33    in the region to maintain existing staff;&#10;6.1     (4) the extent to which the new hospital or hospital beds will provide services to &#10;6.2     nonpaying or low-income patients relative to the level of services provided to these groups &#10;6.3     by existing hospitals in the region; and&#10;6.4     (5) the views of affected parties.&#10;6.5     <ins>Prior to making a recommendation, the commissioner shall conduct a public hearing in the </ins>&#10;6.6     <ins>affected hospital service area to take testimony from interested persons.</ins>&#10;6.7     (d) Upon making a recommendation under paragraph (c), the commissioner shall &#10;6.8     provide a copy of the recommendation to the chairs of the house and senate committees &#10;6.9     having jurisdiction over health and human services policy and finance.&#10;&#10;<a id="go.0.3.0"></a>6.10        Sec. 3. <ins><b>[144.553] ALTERNATIVE APPROVAL PROCESS FOR NEW </b></ins>&#10;6.11    <ins><b>HOSPITAL CONSTRUCTION.</b></ins>&#10;6.12        <ins>Subdivision 1.</ins> <ins><b>Letter of intent; publication; acceptance of additional proposals.</b></ins>&#10; 6.13    <ins>(a) An organization seeking to obtain a hospital license must submit a letter of intent to the </ins>&#10;6.14    <ins>commissioner, specifying the community in which the proposed hospital would be located </ins>&#10;6.15    <ins>and the number of beds proposed for the new hospital. When multiple letters of intent are </ins>&#10;6.16    <ins>received, the commissioner shall determine whether they constitute requests for separate </ins>&#10;6.17    <ins>projects or are competing proposals to serve the same or a similar service area.</ins>&#10;6.18    <ins>(b) Upon receipt of a letter under paragraph (a), the commissioner shall publish a </ins>&#10;6.19    <ins>notice in the State Register that includes the information received from the organization </ins>&#10;6.20    <ins>under paragraph (a). The notice must state that another organization interested in seeking </ins>&#10;6.21    <ins>a hospital license to serve the same or a similar service area must notify the commissioner </ins>&#10;6.22    <ins>within 30 days.</ins>&#10;6.23    <ins>(c) If no responses are received from additional organizations under paragraph (b), </ins>&#10;6.24    <ins>the commissioner shall notify the entity seeking a license that it is required to submit a </ins>&#10;6.25    <ins>plan under section 144.552 and shall notify the chairs of the house of representatives and </ins>&#10;6.26    <ins>senate committees having jurisdiction over health and human services policy and finance </ins>&#10;6.27    <ins>that the project is subject to sections 144.551 and 144.552.</ins>&#10;6.28        <ins>Subd. 2.</ins> <ins><b>Needs assessment.</b></ins> <ins>(a) If one or more responses are received by the </ins>&#10;6.29    <ins>commissioner under subdivision 1, paragraph (b), the commissioner shall complete within </ins>&#10;6.30    <ins>90 days a needs assessment to determine if a new hospital is needed in the proposed </ins>&#10;6.31    <ins>service area.</ins>&#10;6.32    <ins>(b) The organizations that have filed or responded to a letter of intent under </ins>&#10;6.33    <ins>subdivision 1 shall provide to the commissioner within 30 days of a request from the </ins>&#10;6.34    <ins>commissioner a statement justifying the need for a new hospital in the service area and </ins>&#10;6.35    <ins>sufficient information, as determined by the commissioner, to allow the commissioner to </ins>&#10;7.1     <ins>determine the need for a new hospital. The information may include, but is not limited </ins>&#10;7.2     <ins>to, a demographic analysis of the proposed service area, the number of proposed beds, </ins>&#10;7.3     <ins>the types of hospital services to be provided, and distances and travel times to existing </ins>&#10;7.4     <ins>hospitals currently providing services in the service area.</ins>&#10;7.5     <ins>(c) The commissioner shall make a determination of need for the new hospital. If </ins>&#10;7.6     <ins>the commissioner determines that a new hospital in the service area is not justified, the </ins>&#10;7.7     <ins>commissioner shall notify the applicants in writing, stating the reasons for the decision.</ins>&#10;7.8         <ins>Subd. 3.</ins> <ins><b>Process when hospital need is determined.</b></ins> <ins>(a) If the commissioner </ins>&#10;7.9     <ins>determines that a new hospital is needed in the proposed service area, the commissioner </ins>&#10;7.10    <ins>shall notify the applicants of that finding and shall select the applicant determined under </ins>&#10;7.11    <ins>the process established in this subdivision to be best able to provide services consistent </ins>&#10;7.12    <ins>with the review criteria established in this subdivision.</ins>&#10;7.13    <ins>(b) The commissioner shall:</ins>&#10;7.14    <ins>(1) determine market-specific criteria that shall be used to evaluate all proposals. </ins>&#10;7.15    <ins>The criteria must include standards regarding:</ins>&#10;7.16    <ins>(i) access to care;</ins>&#10;7.17    <ins>(ii) quality of care;</ins>&#10;7.18    <ins>(iii) cost of care; and</ins>&#10;7.19    <ins>(iv) overall project feasibility;</ins>&#10;7.20    <ins>(2) establish additional criteria at the commissioner's discretion. In establishing the </ins>&#10;7.21    <ins>criteria, the commissioner shall consider the need for:</ins>&#10;7.22    <ins>(i) mental health services in the service area, including both inpatient and outpatient </ins>&#10;7.23    <ins>services for adults, adolescents, and children; </ins>&#10;7.24    <ins>(ii) a significant commitment to providing uncompensated care, including discounts </ins>&#10;7.25    <ins>for uninsured patients and coordination with other providers of care to low-income </ins>&#10;7.26    <ins>uninsured persons; and </ins>&#10;7.27    <ins>(iii) coordination with other hospitals so that specialized services are not </ins>&#10;7.28    <ins>unnecessarily duplicated and are provided in sufficient volume to ensure the maintenance </ins>&#10;7.29    <ins>of high-quality care. The criteria determined under this paragraph shall constitute the sole </ins>&#10;7.30    <ins>criteria under which the competing proposals shall be evaluated; and</ins>&#10;7.31    <ins>(3) define a service area for the proposed hospital. The service area shall consist of:</ins>&#10;7.32    <ins>(i) in the 11-county metropolitan area, in St. Cloud, and in Duluth, the zip codes </ins>&#10;7.33    <ins>located within a 20-mile radius of the proposed new hospital location; and </ins>&#10;7.34    <ins>(ii) in the remainder of the state, the zip codes within a 30-mile radius of the </ins>&#10;7.35    <ins>proposed new hospital location.</ins>&#10;8.1     <ins>(c) The commissioner shall publish the criteria determined under paragraph (b) in the </ins>&#10;8.2     <ins>State Register within 60 days of the determination under subdivision 2. Once published, </ins>&#10;8.3     <ins>the criteria shall not be modified with respect to the particular project and applicants </ins>&#10;8.4     <ins>to which they apply. The commissioner shall publish with the criteria guidelines for a </ins>&#10;8.5     <ins>proposal and submission review process.</ins>&#10;8.6     <ins>(d) For 60 days after the publication under paragraph (c), the commissioner shall </ins>&#10;8.7     <ins>accept proposals to construct a hospital from organizations that have submitted a letter </ins>&#10;8.8     <ins>of intent under subdivision 1, paragraph (a), or have notified the commissioner under </ins>&#10;8.9     <ins>subdivision 1, paragraph (b). The proposal must include a plan for the new hospital and </ins>&#10;8.10    <ins>evidence of compliance with the criteria specified under paragraph (b). Once submitted, </ins>&#10;8.11    <ins>the proposal may not be revised except:</ins>&#10;8.12    <ins>(1) to submit corrections of material facts; or</ins>&#10;8.13    <ins>(2) in response to a request from the commissioner to provide clarification or </ins>&#10;8.14    <ins>further information. </ins>&#10;8.15    <ins>(e) The commissioner shall determine within 90 days of the deadline for applications </ins>&#10;8.16    <ins>under paragraph (d), which applicant has demonstrated that it is best able to provide </ins>&#10;8.17    <ins>services consistent with the published criteria. The commissioner shall make this </ins>&#10;8.18    <ins>determination by order following a hearing according to this paragraph. The hearing </ins>&#10;8.19    <ins>shall not constitute or be considered to be a contested case hearing under chapter 14 and </ins>&#10;8.20    <ins>shall be conducted solely under the procedures specified in this paragraph. The hearing </ins>&#10;8.21    <ins>shall commence upon at least 30 days' notice to the applicants by the commissioner. </ins>&#10;8.22    <ins>The hearing may be conducted by the commissioner or by a person designated by the </ins>&#10;8.23    <ins>commissioner. The designee may be an administrative law judge. The purpose of the </ins>&#10;8.24    <ins>hearing shall be to receive evidence to assist the commissioner in determining which </ins>&#10;8.25    <ins>applicant has demonstrated that it best meets the published criteria.</ins>&#10;8.26    <ins>The parties to the hearing shall consist only of those applicants who have submitted </ins>&#10;8.27    <ins>a completed application. Each applicant shall have the right to be represented by </ins>&#10;8.28    <ins>counsel, to present evidence deemed relevant by the commissioner, and to examine and </ins>&#10;8.29    <ins>cross-examine witnesses. Persons who are not parties to the proceeding but who wish to </ins>&#10;8.30    <ins>present comments or submit information may do so in the manner determined by the </ins>&#10;8.31    <ins>commissioner or the commissioner's designee. Any person who is not a party shall have </ins>&#10;8.32    <ins>no right to examine or cross-examine witnesses. The commissioner may participate as an </ins>&#10;8.33    <ins>active finder of fact in the hearing and may ask questions to elicit information or clarify </ins>&#10;8.34    <ins>answers or responses.</ins>&#10;8.35    <ins>(f) Prior to making a determination selecting an application, the commissioner shall </ins>&#10;8.36    <ins>hold a public hearing in the proposed hospital service area to accept comments from </ins>&#10;9.1     <ins>members of the public. The commissioner shall take this information into consideration in </ins>&#10;9.2     <ins>making the determination. The commissioner must also consider the input and preferences </ins>&#10;9.3     <ins>of legislators and local elected officials who represent the service area regarding the </ins>&#10;9.4     <ins>selection of the hospital provider. The commissioner shall issue an order selecting an </ins>&#10;9.5     <ins>application following the closing of the record of the hearing as determined by the hearing </ins>&#10;9.6     <ins>officer. The commissioner's order shall include a statement of the reasons the selected </ins>&#10;9.7     <ins>application best meets the published criteria.</ins>&#10;9.8     <ins>(g) Following the determination under paragraph (e), the commissioner shall </ins>&#10;9.9     <ins>recommend the selected proposal to the legislature on or before March 1 in an </ins>&#10;9.10    <ins>odd-numbered year and within 15 days of the first day of the regular session in </ins>&#10;9.11    <ins>an even-numbered year to be accepted or rejected. Legislative acceptance of the </ins>&#10;9.12    <ins>commissioner's recommendation constitutes approval of the proposal under section </ins>&#10;9.13    <ins>144.551. Legislative rejection of the recommendation concludes the process but does not </ins>&#10;9.14    <ins>prohibit a new application under this section and section 144.552.</ins>&#10;9.15    <ins>(h) In the event of legislative failure to act on the recommendation made under this </ins>&#10;9.16    <ins>subdivision, upon the conclusion of the legislative session the commissioner shall make </ins>&#10;9.17    <ins>the commissioner's recommendation the final approval of the project. The commissioner's </ins>&#10;9.18    <ins>decision to grant final approval to the commissioner's recommendation constitutes </ins>&#10;9.19    <ins>approval of the proposal under section 144.551.</ins>&#10;9.20    <ins>(i) For purposes of this subdivision, "legislative acceptance" means the </ins>&#10;9.21    <ins>recommended project is approved by law; "legislative rejection" means the recommended </ins>&#10;9.22    <ins>project is rejected by law; and "legislative failure to act" means any other action or lack of </ins>&#10;9.23    <ins>action taken by the legislature.</ins>&#10;9.24        <ins>Subd. 4.</ins> <ins><b>Payment of commissioner's expenses.</b></ins> <ins>Notwithstanding section </ins>&#10;9.25    <ins>16A.1283, applicants who are a party at any stage of the administrative process established </ins>&#10;9.26    <ins>in this section shall pay the cost of that stage of the process, as determined by the </ins>&#10;9.27    <ins>commissioner. The cost of the needs assessment, criteria development, and hearing shall </ins>&#10;9.28    <ins>be divided equally among the applicants. Money received by the commissioner under </ins>&#10;9.29    <ins>this subdivision is appropriated to the commissioner for the purpose of administering </ins>&#10;9.30    <ins>this section.</ins>&#10;