1.1 	A bill for an act
1.2 	relating to health; appropriating money for the Department of Health, health 
1.3 	operations, and health-related boards, councils, and ombudsman; making health 
1.4 	policy changes to electronic health records, health care information exchange, 
1.5 	radiation hazard application fees, tests for infants for medical conditions, maternal 
1.6 	morbidity and death studies, fetal and infant death studies, and asbestos abatement;
1.7 	amending Minnesota Statutes 2020, sections 62J.495, subdivisions 1, 2, 3, 4; 
1.8 	62J.498; 62J.4981; 62J.4982; 144.1205, subdivisions 2, 4, 8, 9, by adding a 
1.9 	subdivision; 144.125, subdivision 1; 145.901; 326.71, subdivision 4; 326.75, 
1.10 	subdivisions 1, 2, 3; Laws 2019, First Special Session chapter 9, article 14, section 
1.11 	3, as amended; proposing coding for new law in Minnesota Statutes, chapter 145.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	ARTICLE 1
1.14 	HEALTH AND HEALTH-BOARD APPROPRIATIONS

1.15 | Section 1. APPROPRIATIONS.
1.16 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
1.17 	and for the purposes specified in this article. The appropriations are from the general fund, 
1.18 	or another named fund, and are available for the fiscal years indicated for each purpose. 
1.19 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
1.20 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
1.21 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
1.22 	is fiscal years 2022 and 2023.

1.23 | | | | APPROPRIATIONS
1.24 | | | | Available for the Year
2.1 | | | | Ending June 30
2.2 | | | | | 2022 | | 2023

2.3 | Sec. 2. COMMISSIONER OF HEALTH | | | |

2.4 | Subdivision 1.Total Appropriation | $ | 250,023,000 | $ | 249,704,000

2.5 | Appropriations by Fund
2.6 | | 2022 | 2023
2.7 | General | 132,347,000 | 132,324,000
2.8

2.9

State Government 
Special Revenue

68,451,000

68,835,000

2.10 | Health Care Access | 37,512,000 | 36,832,000
2.11 | Federal TANF | 11,713,000 | 11,713,000
2.12 	The amounts that may be spent for each 
2.13 	purpose are specified in the following 
2.14 	subdivisions.

2.15 | Subd. 2.Health Improvement | | | |

2.16 | Appropriations by Fund
2.17 | General | 95,690,000 | 95,877,000
2.18

2.19

State Government 
Special Revenue

9,140,000

9,140,000

2.20 | Health Care Access | 37,512,000 | 36,832,000
2.21 | Federal TANF | 11,713,000 | 11,713,000
2.22 	(a) TANF Appropriations. (1) $3,579,000 in 
2.23 	fiscal year 2022 and $3,579,000 in fiscal year 
2.24 	2023 are from the TANF fund for home 
2.25 	visiting and nutritional services listed under 
2.26 	Minnesota Statutes, section 145.882, 
2.27 	subdivision 7, clauses (6) and (7). Funds must 
2.28 	be distributed to community health boards 
2.29 	according to Minnesota Statutes, section 
2.30 	145A.131, subdivision 1;
2.31 	(2) $2,000,000 in fiscal year 2022 and 
2.32 	$2,000,000 in fiscal year 2023 are from the 
2.33 	TANF fund for decreasing racial and ethnic 
2.34 	disparities in infant mortality rates under 
3.1 	Minnesota Statutes, section 145.928, 
3.2 	subdivision 7;
3.3 	(3) $4,978,000 in fiscal year 2022 and 
3.4 	$4,978,000 in fiscal year 2023 are from the 
3.5 	TANF fund for the family home visiting grant 
3.6 	program according to Minnesota Statutes, 
3.7 	section 145A.17. $4,000,000 of the funding 
3.8 	in each fiscal year must be distributed to 
3.9 	community health boards according to 
3.10 	Minnesota Statutes, section 145A.131, 
3.11 	subdivision 1. $978,000 of the funding in each 
3.12 	fiscal year must be distributed to tribal 
3.13 	governments according to Minnesota Statutes, 
3.14 	section 145A.14, subdivision 2a;
3.15 	(4) $1,156,000 in fiscal year 2022 and 
3.16 	$1,156,000 in fiscal year 2023 are from the 
3.17 	TANF fund for family planning grants under 
3.18 	Minnesota Statutes, section 145.925; and
3.19 	(5) the commissioner may use up to 6.23 
3.20 	percent of the funds appropriated from the 
3.21 	TANF fund each fiscal year to conduct the 
3.22 	ongoing evaluations required under Minnesota 
3.23 	Statutes, section 145A.17, subdivision 7, and 
3.24 	training and technical assistance as required 
3.25 	under Minnesota Statutes, section 145A.17, 
3.26 	subdivisions 4 and 5.
3.27 	(b) TANF Carryforward. Any unexpended 
3.28 	balance of the TANF appropriation in the first 
3.29 	year of the biennium does not cancel but is 
3.30 	available for the second year.
3.31 	(c) Fetal and Infant Mortality Review.
3.32 	$311,000 in fiscal year 2022 and $311,000 in 
3.33 	fiscal year 2023 are appropriated from the 
3.34 	general fund to the commissioner of health to 
4.1 	be used to conduct fetal and infant mortality 
4.2 	reviews under Minnesota Statutes, section 
4.3 	145.9011.
4.4 	(d) Maternal Morbidity and Death Studies.
4.5 	$198,000 in fiscal year 2022 and $198,000 in 
4.6 	fiscal year 2023 are appropriated from the 
4.7 	general fund to the commissioner of health to 
4.8 	be used to conduct maternal morbidity and 
4.9 	death studies under Minnesota Statutes, 
4.10 	section 145.901.
4.11 	(e) Transfer. The $77,000 transfer each year 
4.12 	from the state government special revenue 
4.13 	fund to the general fund as required by Laws 
4.14 	2008, chapter 364, section 17, paragraph (b), 
4.15 	is canceled effective June 30, 2021.
4.16 	(f) MERC Program. The general fund 
4.17 	appropriation for distribution via the Medical 
4.18 	Education and Research Cost formula under 
4.19 	Minnesota Statutes, section 62J.692, 
4.20 	subdivision 4, is $0 in fiscal years 2022 and 
4.21 	2023.
4.22 	(g) Base Level Adjustments. The general 
4.23 	fund base is $94,877,000 in fiscal year 2024 
4.24 	and $94,877,000 in fiscal year 2025. The state 
4.25 	government special revenue fund base is 
4.26 	$9,140,000 in fiscal year 2024 and $9,140,000 
4.27 	in fiscal year 2025. The health care access 
4.28 	fund base is $37,432,000 in fiscal year 2024 
4.29 	and $36,832,000 in fiscal year 2025.

4.30 | Subd. 3.Health Protection | | | |

4.31 | Appropriations by Fund
4.32 | General | 25,087,000 | 24,868,000
4.33

4.34

State Government 
Special Revenue

59,311,000

59,695,000

5.1 	Base Level Adjustments. The general fund 
5.2 	base is $24,868,000 in fiscal year 2024 and 
5.3 	$24,868,000 in fiscal year 2025. The state 
5.4 	government special revenue fund base is 
5.5 	$59,695,000 in fiscal year 2024 and 
5.6 	$59,695,000 in fiscal year 2025.

5.7 | Subd. 4.Health Operations | | 11,570,000 | | 11,579,000

5.8 | Sec. 3. HEALTH-RELATED BOARDS | | | |

5.9 | Subdivision 1.Total Appropriation | $ | 27,507,000 | $ | 26,943,000

5.10 | Appropriations by Fund
5.11

5.12

State Government 
Special Revenue

27,431,000

26,867,000

5.13 | Health Care Access | 76,000 | 76,000
5.14 	This appropriation is from the state 
5.15 	government special revenue fund unless 
5.16 	specified otherwise. The amounts that may be 
5.17 	spent for each purpose are specified in the 
5.18 	following subdivisions.

5.19 | Subd. 2.Board of Chiropractic Examiners | | 666,000 | | 666,000

5.20 | Subd. 3.Board of Dentistry | | 4,228,000 | | 3,753,000
5.21 	(a) Administrative Services Unit - Operating 
5.22 	Costs. Of this appropriation, $2,738,000 in 
5.23 	fiscal year 2022 and $2,263,000 in fiscal year 
5.24 	2023 are for operating costs of the 
5.25 	administrative services unit. The 
5.26 	administrative services unit may receive and 
5.27 	expend reimbursements for services it 
5.28 	performs for other agencies.
5.29 	(b) Administrative Services Unit - Volunteer 
5.30 	Health Care Provider Program. Of this 
5.31 	appropriation, $150,000 in fiscal year 2022 
5.32 	and $150,000 in fiscal year 2023 are to pay 
5.33 	for medical professional liability coverage 
6.1 	required under Minnesota Statutes, section 
6.2 	214.40.
6.3 	(c) Administrative Services Unit - 
6.4 	Retirement Costs. Of this appropriation, 
6.5 	$475,000 in fiscal year 2022 is a onetime 
6.6 	appropriation to the administrative services 
6.7 	unit to pay for the retirement costs of 
6.8 	health-related board employees. This funding 
6.9 	may be transferred to the health board 
6.10 	incurring retirement costs. Any board that has 
6.11 	an unexpended balance for an amount 
6.12 	transferred under this paragraph shall transfer 
6.13 	the unexpended amount to the administrative 
6.14 	services unit. These funds are available either 
6.15 	year of the biennium.
6.16 	(d) Administrative Services Unit - Contested 
6.17 	Cases and Other Legal Proceedings. Of this 
6.18 	appropriation, $200,000 in fiscal year 2022 
6.19 	and $200,000 in fiscal year 2023 are for costs 
6.20 	of contested case hearings and other 
6.21 	unanticipated costs of legal proceedings 
6.22 	involving health-related boards funded under 
6.23 	this section. Upon certification by a 
6.24 	health-related board to the administrative 
6.25 	services unit that costs will be incurred and 
6.26 	that there is insufficient money available to 
6.27 	pay for the costs out of money currently 
6.28 	available to that board, the administrative 
6.29 	services unit is authorized to transfer money 
6.30 	from this appropriation to the board for 
6.31 	payment of those costs with the approval of 
6.32 	the commissioner of management and budget. 
6.33 	The commissioner of management and budget 
6.34 	must require any board that has an unexpended 
6.35 	balance for an amount transferred under this 
7.1 	paragraph to transfer the unexpended amount 
7.2 	to the administrative services unit to be 
7.3 	deposited in the state government special 
7.4 	revenue fund.

7.5

7.6

Subd. 4.Board of Dietetics and Nutrition 
Practice

164,000

164,000

7.7 | Subd. 5.Board of Marriage and Family Therapy | | 406,000 | | 406,000

7.8 | Subd. 6.Board of Medical Practice | | 5,912,000 | | 5,868,000
7.9 	Health Professional Services Program. This 
7.10 	appropriation includes $1,002,000 in fiscal 
7.11 	year 2022 and $1,002,000 in fiscal year 2023 
7.12 	for the health professional services program.

7.13 | Subd. 7.Board of Nursing | | 5,345,000 | | 5,355,000

7.14

7.15

Subd. 8.Board of Executives for Long Term 
Services and Supports

693,000

635,000

7.16 | Subd. 9.Board of Optometry | | 238,000 | | 238,000

7.17 | Subd. 10.Board of Pharmacy | | 4,479,000 | | 4,479,000

7.18 | Appropriations by Fund
7.19

7.20

State Government 
Special Revenue

4,403,000

4,403,000

7.21 | Health Care Access | 76,000 | 76,000
7.22 	The base for this appropriation in the health 
7.23 	care access fund is $76,000 in fiscal year 2024, 
7.24 	$38,000 in fiscal year 2025, and $0 in fiscal 
7.25 	year 2026.

7.26 | Subd. 11.Board of Physical Therapy | | 564,000 | | 564,000

7.27 | Subd. 12.Board of Podiatric Medicine | | 214,000 | | 214,000

7.28 | Subd. 13.Board of Psychology | | 1,355,000 | | 1,355,000

7.29 | Subd. 14.Board of Social Work | | 1,556,000 | | 1,559,000

7.30 | Subd. 15.Board of Veterinary Medicine | | 363,000 | | 363,000

7.31

7.32

Subd. 16.Board of Behavioral Health and 
Therapy

868,000

868,000

8.1

8.2

Subd. 17.Board of Occupational Therapy 
Practice

456,000

456,000

8.3

8.4

Sec. 4. EMERGENCY MEDICAL SERVICES 
REGULATORY BOARD

$

3,803,000

$

3,829,000

8.5 	(a) Cooper/Sams Volunteer Ambulance 
8.6 	Program. $950,000 in fiscal year 2022 and 
8.7 	$950,000 in fiscal year 2023 are for the 
8.8 	Cooper/Sams volunteer ambulance program 
8.9 	under Minnesota Statutes, section 144E.40.
8.10 	(1) Of this amount, $861,000 in fiscal year 
8.11 	2022 and $861,000 in fiscal year 2023 are for 
8.12 	the ambulance service personnel longevity 
8.13 	award and incentive program under Minnesota 
8.14 	Statutes, section 144E.40.
8.15 	(2) Of this amount, $89,000 in fiscal year 2022 
8.16 	and $89,000 in fiscal year 2023 are for the 
8.17 	operations of the ambulance service personnel 
8.18 	longevity award and incentive program under 
8.19 	Minnesota Statutes, section 144E.40.
8.20 	(b) EMSRB Operations. $1,880,000 in fiscal 
8.21 	year 2022 and $1,880,000 in fiscal year 2023 
8.22 	are for board operations.
8.23 	(c) Regional Grants. $585,000 in fiscal year 
8.24 	2022 and $585,000 in fiscal year 2023 are for 
8.25 	regional emergency medical services 
8.26 	programs, to be distributed equally to the eight 
8.27 	emergency medical service regions under 
8.28 	Minnesota Statutes, section 144E.52.
8.29 	(d) Ambulance Training Grant. $361,000 
8.30 	in fiscal year 2022 and $361,000 in fiscal year 
8.31 	2023 are for training grants under Minnesota 
8.32 	Statutes, section 144E.35.

8.33 | Sec. 5. COUNCIL ON DISABILITY | $ | 1,022,000 | $ | 1,038,000

9.1
9.2

9.3

Sec. 6. OMBUDSMAN FOR MENTAL 
HEALTH AND DEVELOPMENTAL 
DISABILITIES

$

2,487,000

$

2,536,000

9.4 	Department of Psychiatry Monitoring.
9.5 	$100,000 in fiscal year 2022 and $100,000 in 
9.6 	fiscal year 2023 are for monitoring the 
9.7 	Department of Psychiatry at the University of 
9.8 	Minnesota.

9.9 | Sec. 7. OMBUDSPERSONS FOR FAMILIES | $ | 733,000 | $ | 744,000

9.10 	Sec. 8. Laws 2019, First Special Session chapter 9, article 14, section 3, as amended by 
9.11 	Laws 2019, First Special Session chapter 12, section 6, is amended to read:

9.12 | Sec. 3. COMMISSIONER OF HEALTH | | | |

9.149.13

Subdivision 1.Total Appropriation

$

231,829,000

$

~~236,188,000~~
233,979,000

9.15 | Appropriations by Fund
9.16 | | 2020 | 2021
9.17 | General | 124,381,000 | 126,276,000
9.18

9.19

State Government 
Special Revenue

58,450,000

~~61,367,000~~
59,158,000

9.20 | Health Care Access | 37,285,000 | 36,832,000
9.21 | Federal TANF | 11,713,000 | 11,713,000
9.22 	The amounts that may be spent for each 
9.23 	purpose are specified in the following 
9.24 	subdivisions.

9.25 | Subd. 2.Health Improvement | | | |

9.26 | Appropriations by Fund
9.27 | General | 94,980,000 | 96,117,000
9.28

9.29

State Government 
Special Revenue

7,614,000

~~7,558,000~~
6,924,000

9.30 | Health Care Access | 37,285,000 | 36,832,000
9.31 | Federal TANF | 11,713,000 | 11,713,000
9.32 	(a) TANF Appropriations. (1) $3,579,000 in 
9.33 	fiscal year 2020 and $3,579,000 in fiscal year 
9.34 	2021 are from the TANF fund for home 
9.35 	visiting and nutritional services under 
10.1 	Minnesota Statutes, section 145.882, 
10.2 	subdivision 7, clauses (6) and (7). Funds must 
10.3 	be distributed to community health boards 
10.4 	according to Minnesota Statutes, section 
10.5 	145A.131, subdivision 1;
10.6 	(2) $2,000,000 in fiscal year 2020 and 
10.7 	$2,000,000 in fiscal year 2021 are from the 
10.8 	TANF fund for decreasing racial and ethnic 
10.9 	disparities in infant mortality rates under 
10.10 	Minnesota Statutes, section 145.928, 
10.11 	subdivision 7;
10.12 	(3) $4,978,000 in fiscal year 2020 and 
10.13 	$4,978,000 in fiscal year 2021 are from the 
10.14 	TANF fund for the family home visiting grant 
10.15 	program under Minnesota Statutes, section 
10.16 	145A.17. $4,000,000 of the funding in each 
10.17 	fiscal year must be distributed to community 
10.18 	health boards according to Minnesota Statutes, 
10.19 	section 145A.131, subdivision 1. $978,000 of 
10.20 	the funding in each fiscal year must be 
10.21 	distributed to tribal governments according to 
10.22 	Minnesota Statutes, section 145A.14, 
10.23 	subdivision 2a;
10.24 	(4) $1,156,000 in fiscal year 2020 and 
10.25 	$1,156,000 in fiscal year 2021 are from the 
10.26 	TANF fund for family planning grants under 
10.27 	Minnesota Statutes, section 145.925; and
10.28 	(5) The commissioner may use up to 6.23 
10.29 	percent of the amounts appropriated from the 
10.30 	TANF fund each year to conduct the ongoing 
10.31 	evaluations required under Minnesota Statutes, 
10.32 	section 145A.17, subdivision 7, and training 
10.33 	and technical assistance as required under 
10.34 	Minnesota Statutes, section 145A.17, 
10.35 	subdivisions 4 and 5.
11.1 	(b) TANF Carryforward. Any unexpended 
11.2 	balance of the TANF appropriation in the first 
11.3 	year of the biennium does not cancel but is 
11.4 	available for the second year.
11.5 	(c) Comprehensive Suicide Prevention.
11.6 	$2,730,000 in fiscal year 2020 and $2,730,000 
11.7 	in fiscal year 2021 are from the general fund 
11.8 	for a comprehensive, community-based suicide 
11.9 	prevention strategy. The funds are allocated 
11.10 	as follows:
11.11 	(1) $955,000 in fiscal year 2020 and $955,000 
11.12 	in fiscal year 2021 are for community-based 
11.13 	suicide prevention grants authorized in 
11.14 	Minnesota Statutes, section 145.56, 
11.15 	subdivision 2. Specific emphasis must be 
11.16 	placed on those communities with the greatest 
11.17 	disparities. The base for this appropriation is 
11.18 	$1,291,000 in fiscal year 2022 and $1,291,000 
11.19 	in fiscal year 2023;
11.20 	(2) $683,000 in fiscal year 2020 and $683,000 
11.21 	in fiscal year 2021 are to support 
11.22 	evidence-based training for educators and 
11.23 	school staff and purchase suicide prevention 
11.24 	curriculum for student use statewide, as 
11.25 	authorized in Minnesota Statutes, section 
11.26 	145.56, subdivision 2. The base for this 
11.27 	appropriation is $913,000 in fiscal year 2022 
11.28 	and $913,000 in fiscal year 2023;
11.29 	(3) $137,000 in fiscal year 2020 and $137,000 
11.30 	in fiscal year 2021 are to implement the Zero 
11.31 	Suicide framework with up to 20 behavioral 
11.32 	and health care organizations each year to treat 
11.33 	individuals at risk for suicide and support 
11.34 	those individuals across systems of care upon 
11.35 	discharge. The base for this appropriation is 
12.1 	$205,000 in fiscal year 2022 and $205,000 in 
12.2 	fiscal year 2023;
12.3 	(4) $955,000 in fiscal year 2020 and $955,000 
12.4 	in fiscal year 2021 are to develop and fund a 
12.5 	Minnesota-based network of National Suicide 
12.6 	Prevention Lifeline, providing statewide 
12.7 	coverage. The base for this appropriation is 
12.8 	$1,321,000 in fiscal year 2022 and $1,321,000 
12.9 	in fiscal year 2023; and
12.10 	(5) the commissioner may retain up to 18.23 
12.11 	percent of the appropriation under this 
12.12 	paragraph to administer the comprehensive 
12.13 	suicide prevention strategy.
12.14 	(d) Statewide Tobacco Cessation. $1,598,000 
12.15 	in fiscal year 2020 and $2,748,000 in fiscal 
12.16 	year 2021 are from the general fund for 
12.17 	statewide tobacco cessation services under 
12.18 	Minnesota Statutes, section 144.397. The base 
12.19 	for this appropriation is $2,878,000 in fiscal 
12.20 	year 2022 and $2,878,000 in fiscal year 2023.
12.21 	(e) Health Care Access Survey. $225,000 in 
12.22 	fiscal year 2020 and $225,000 in fiscal year 
12.23 	2021 are from the health care access fund to 
12.24 	continue and improve the Minnesota Health 
12.25 	Care Access Survey. These appropriations 
12.26 	may be used in either year of the biennium.
12.27 	(f) Community Solutions for Healthy Child 
12.28 	Development Grant Program. $1,000,000 
12.29 	in fiscal year 2020 and $1,000,000 in fiscal 
12.30 	year 2021 are for the community solutions for 
12.31 	healthy child development grant program to 
12.32 	promote health and racial equity for young 
12.33 	children and their families under article 11, 
12.34 	section 107. The commissioner may use up to 
13.1 	23.5 percent of the total appropriation for 
13.2 	administration. The base for this appropriation 
13.3 	is $1,000,000 in fiscal year 2022, $1,000,000 
13.4 	in fiscal year 2023, and $0 in fiscal year 2024.
13.5 	(g) Domestic Violence and Sexual Assault 
13.6 	Prevention Program. $375,000 in fiscal year 
13.7 	2020 and $375,000 in fiscal year 2021 are 
13.8 	from the general fund for the domestic 
13.9 	violence and sexual assault prevention 
13.10 	program under article 11, section 108. This is 
13.11 	a onetime appropriation.
13.12 	(h) Skin Lightening Products Public 
13.13 	Awareness Grant Program. $100,000 in 
13.14 	fiscal year 2020 and $100,000 in fiscal year 
13.15 	2021 are from the general fund for a skin 
13.16 	lightening products public awareness and 
13.17 	education grant program. This is a onetime 
13.18 	appropriation.
13.19 	(i) Cannabinoid Products Workgroup.
13.20 	$8,000 in fiscal year 2020 is from the state 
13.21 	government special revenue fund for the 
13.22 	cannabinoid products workgroup. This is a 
13.23 	onetime appropriation.
13.24 	(j) Base Level Adjustments. The general fund 
13.25 	base is $96,742,000 in fiscal year 2022 and 
13.26 	$96,742,000 in fiscal year 2023. The health 
13.27 	care access fund base is $37,432,000 in fiscal 
13.28 	year 2022 and $36,832,000 in fiscal year 2023.

13.29 | Subd. 3.Health Protection | | | |

13.30 | Appropriations by Fund
13.31 | General | 18,803,000 | 19,774,000
13.32

13.33

State Government 
Special Revenue

50,836,000

~~53,809,000~~
52,234,000

14.1 	(a) Public Health Laboratory Equipment.
14.2 	$840,000 in fiscal year 2020 and $655,000 in 
14.3 	fiscal year 2021 are from the general fund for 
14.4 	equipment for the public health laboratory. 
14.5 	This is a onetime appropriation and is 
14.6 	available until June 30, 2023.
14.7 	(b) Base Level Adjustment. The general fund 
14.8 	base is $19,119,000 in fiscal year 2022 and 
14.9 	$19,119,000 in fiscal year 2023. The state 
14.10 	government special revenue fund base is 
14.11 	$53,782,000 in fiscal year 2022 and 
14.12 	$53,782,000 in fiscal year 2023.

14.13 | Subd. 4.Health Operations | | 10,598,000 | | 10,385,000
14.14 	Base Level Adjustment. The general fund 
14.15 	base is $10,912,000 in fiscal year 2022 and 
14.16 	$10,912,000 in fiscal year 2023.

14.17 	EFFECTIVE DATE. This section is effective the day following final enactment and 
14.18 	the reductions in subdivisions 1 to 3 are onetime reductions.

14.19 	Sec. 9. TRANSFERS; HEALTH.
 14.20 	Positions, salary money, and nonsalary administrative money may be transferred within 
14.21 	the Department of Health as the commissioner considers necessary, with the advance 
14.22 	approval of the commissioner of management and budget. The commissioner shall inform 
14.23 	the chairs and ranking minority members of the legislative committees with jurisdiction 
14.24 	over health and human services finance quarterly about transfers made under this section.

14.25 	Sec. 10. INDIRECT COSTS NOT TO FUND PROGRAMS.
 14.26 	The commissioner of health shall not use indirect cost allocations to pay for the 
14.27 	operational costs of any program for which they are responsible.

14.28 	Sec. 11. EXPIRATION OF UNCODIFIED LANGUAGE.
 14.29 	All uncodified language contained in this article expires on June 30, 2023, unless a 
14.30 	different expiration date is explicit.

15.1 	Sec. 12. EFFECTIVE DATE.
 15.2 	This article is effective July 1, 2021, unless a different effective date is specified.

15.3 	ARTICLE 2
15.4 	HEALTH POLICY

15.5 	Section 1. Minnesota Statutes 2020, section 62J.495, subdivision 1, is amended to read:
15.6 		Subdivision 1.Implementation. The commissioner of health, in consultation with the 
15.7 	e-Health Advisory Committee, shall develop uniform standards to be used for the 
15.8 	interoperable electronic health records system for sharing and synchronizing patient data 
15.9 	across systems. The standards must be compatible with federal efforts. The uniform standards 
15.10 	must be developed by January 1, 2009, and updated on an ongoing basis. ~~The commissioner~~ 
15.11 	~~shall include an update on standards development as part of an annual report to the legislature.~~
15.12 	Individual health care providers in private practice with no other providers and health care 
15.13 	providers that do not accept reimbursement from a group purchaser, as defined in section 
15.14 	62J.03, subdivision 6, are excluded from the requirements of this section.

15.15 	Sec. 2. Minnesota Statutes 2020, section 62J.495, subdivision 2, is amended to read:
15.16 		Subd. 2.E-Health Advisory Committee. (a) The commissioner shall establish an 
15.17 	e-Health Advisory Committee governed by section 15.059 to advise the commissioner on 
15.18 	the following matters:
15.19 	(1) assessment of the adoption and effective use of health information technology by 
15.20 	the state, licensed health care providers and facilities, and local public health agencies;
15.21 	(2) recommendations for implementing a statewide interoperable health information 
15.22 	infrastructure, to include estimates of necessary resources, and for determining standards 
15.23 	for clinical data exchange, clinical support programs, patient privacy requirements, and 
15.24 	maintenance of the security and confidentiality of individual patient data;
15.25 	(3) recommendations for encouraging use of innovative health care applications using 
15.26 	information technology and systems to improve patient care and reduce the cost of care, 
15.27 	including applications relating to disease management and personal health management 
15.28 	that enable remote monitoring of patients' conditions, especially those with chronic 
15.29 	conditions; and
15.30 	(4) other related issues as requested by the commissioner.
16.1 	(b) The members of the e-Health Advisory Committee shall include the commissioners, 
16.2 	or commissioners' designees, of health, human services, administration, and commerce and 
16.3 	additional members to be appointed by the commissioner to include persons representing 
16.4 	Minnesota's local public health agencies, licensed hospitals and other licensed facilities and 
16.5 	providers, private purchasers, the medical and nursing professions, health insurers and health 
16.6 	plans, the state quality improvement organization, academic and research institutions, 
16.7 	consumer advisory organizations with an interest and expertise in health information 
16.8 	technology, and other stakeholders as identified by the commissioner to fulfill the 
16.9 	requirements of section 3013, paragraph (g), of the HITECH Act.
16.10 	(c) ~~The commissioner shall prepare and issue an annual report not later than January 30~~ 
16.11 	~~of each year outlining progress to date in implementing a statewide health information~~ 
16.12 	~~infrastructure and recommending action on policy and necessary resources to continue the~~ 
16.13 	~~promotion of adoption and effective use of health information technology.~~
16.14 	~~(d)~~ This subdivision expires June 30, 2021.

16.15 	Sec. 3. Minnesota Statutes 2020, section 62J.495, subdivision 3, is amended to read:
16.16 		Subd. 3.Interoperable electronic health record requirements.  (a) Hospitals and health 
16.17 	care providers must meet the following criteria when implementing an interoperable 
16.18 	electronic health records system within their hospital system or clinical practice setting.
16.19 	(b) The electronic health record must be a qualified electronic health record.
16.20 	(c) The electronic health record must be certified by the Office of the National 
16.21 	Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and health 
16.22 	care providers if a certified electronic health record product for the provider's particular 
16.23 	practice setting is available. This criterion shall be considered met if a hospital or health 
16.24 	care provider is using an electronic health records system that has been certified within the 
16.25 	last three years, even if a more current version of the system has been certified within the 
16.26 	three-year period.
16.27 	(d) The electronic health record must meet the standards established according to section 
16.28 	3004 of the HITECH Act as applicable.
16.29 	(e) The electronic health record must have the ability to generate information on clinical 
16.30 	quality measures and other measures reported under sections 4101, 4102, and 4201 of the 
16.31 	HITECH Act.
17.1 	(f) The electronic health record system must be connected to a state-certified health 
17.2 	information organization either directly or through a connection facilitated by a ~~state-certified~~
17.3 	health data intermediary as defined in section 62J.498.
17.4 	(g) A health care provider who is a prescriber or dispenser of legend drugs must have 
17.5 	an electronic health record system that meets the requirements of section 62J.497.

17.6 	Sec. 4. Minnesota Statutes 2020, section 62J.495, subdivision 4, is amended to read:
17.7 		Subd. 4.Coordination with national HIT activities. (a) The commissioner, in 
17.8 	consultation with the e-Health Advisory Committee, shall update the statewide 
17.9 	implementation plan required under subdivision 2 and released June 2008, to be consistent 
17.10 	with the updated federal ~~HIT Strategic Plan released by the Office of the National Coordinator~~ 
17.11 	~~in accordance with section 3001 of the HITECH Act. The statewide plan shall meet the~~ 
17.12 	~~requirements for a plan required under section 3013 of the HITECH Act~~ plans.
17.13 	(b) The commissioner, in consultation with the e-Health Advisory Committee, shall 
17.14 	work to ensure coordination between state, regional, and national efforts to support and 
17.15 	accelerate efforts to effectively use health information technology to improve the quality 
17.16 	and coordination of health care and the continuity of patient care among health care providers, 
17.17 	to reduce medical errors, to improve population health, to reduce health disparities, and to 
17.18 	reduce chronic disease. The commissioner's coordination efforts shall include but not be 
17.19 	limited to:
17.20 	~~(1) assisting in the development and support of health information technology regional~~ 
17.21 	~~extension centers established under section 3012(c) of the HITECH Act to provide technical~~ 
17.22 	~~assistance and disseminate best practices;~~
17.23 	~~(2) providing supplemental information to the best practices gathered by regional centers~~ 
17.24 	~~to ensure that the information is relayed in a meaningful way to the Minnesota health care~~ 
17.25 	~~community;~~
17.26 	~~(3)~~ (1) providing financial and technical support to Minnesota health care providers to 
17.27 	encourage implementation of admission, discharge and transfer alerts, and care summary 
17.28 	document exchange transactions and to evaluate the impact of health information technology 
17.29 	on cost and quality of care. Communications about available financial and technical support 
17.30 	shall include clear information about the interoperable health record requirements in 
17.31 	subdivision 1, including a separate statement in bold-face type clarifying the exceptions to 
17.32 	those requirements;
18.1 	~~(4)~~ (2) providing educational resources and technical assistance to health care providers 
18.2 	and patients related to state and national privacy, security, and consent laws governing 
18.3 	clinical health information, including the requirements in sections 144.291 to 144.298. In 
18.4 	carrying out these activities, the commissioner's technical assistance does not constitute 
18.5 	legal advice;
18.6 	~~(5)~~ (3) assessing Minnesota's legal, financial, and regulatory framework for health 
18.7 	information exchange, including the requirements in sections 144.291 to 144.298, and 
18.8 	making recommendations for modifications that would strengthen the ability of Minnesota 
18.9 	health care providers to securely exchange data in compliance with patient preferences and 
18.10 	in a way that is efficient and financially sustainable; and
18.11 	~~(6)~~ (4) seeking public input on both patient impact and costs associated with requirements 
18.12 	related to patient consent for release of health records for the purposes of treatment, payment, 
18.13 	and health care operations, as required in section 144.293, subdivision 2. The commissioner 
18.14 	shall provide a report to the legislature on the findings of this public input process no later 
18.15 	than February 1, 2017.
18.16 	(c) The commissioner, in consultation with the e-Health Advisory Committee, shall 
18.17 	monitor national activity related to health information technology and shall coordinate 
18.18 	statewide input on policy development. The commissioner shall coordinate statewide 
18.19 	responses to proposed federal health information technology regulations in order to ensure 
18.20 	that the needs of the Minnesota health care community are adequately and efficiently 
18.21 	addressed in the proposed regulations. The commissioner's responses may include, but are 
18.22 	not limited to:
18.23 	(1) reviewing and evaluating any standard, implementation specification, or certification 
18.24 	criteria proposed by the national HIT standards ~~committee~~ committees;
18.25 	(2) reviewing and evaluating policy proposed by ~~the~~ national HIT policy ~~committee~~
18.26 	committees relating to the implementation of a nationwide health information technology 
18.27 	infrastructure; and
18.28 	(3) ~~monitoring and responding to activity related to the development of quality measures~~ 
18.29 	~~and other measures as required by section 4101 of the HITECH Act. Any response related~~ 
18.30 	~~to quality measures shall consider and address the quality efforts required under chapter~~ 
18.31 	~~62U; and~~
18.32 	~~(4)~~ monitoring and responding to national activity related to privacy, security, and data 
18.33 	stewardship of electronic health information and individually identifiable health information.
19.1 	(d) To the extent that the state is either required or allowed to apply, or designate an 
19.2 	entity to apply for or carry out activities and programs ~~under section 3013 of the HITECH~~ 
19.3 	~~Act~~, the commissioner of health, in consultation with the e-Health Advisory Committee 
19.4 	and the commissioner of human services, shall be the lead applicant or sole designating 
19.5 	authority. The commissioner shall make such designations consistent with the goals and 
19.6 	objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.
19.7 	(e) The commissioner of human services shall apply for funding necessary to administer 
19.8 	the incentive payments to providers authorized under title IV of the American Recovery 
19.9 	and Reinvestment Act.
19.10 	~~(f) The commissioner shall include in the report to the legislature information on the~~ 
19.11 	~~activities of this subdivision and provide recommendations on any relevant policy changes~~ 
19.12 	~~that should be considered in Minnesota.~~

19.13 	Sec. 5. Minnesota Statutes 2020, section 62J.498, is amended to read:
19.14 	62J.498 HEALTH INFORMATION EXCHANGE.
19.15 		Subdivision 1.Definitions. (a) The following definitions apply to sections 62J.498 to 
19.16 	62J.4982:
19.17 	(b) "Clinical data repository" means a real time database that consolidates data from a 
19.18 	variety of clinical sources to present a unified view of a single patient and is used by a 
19.19 	~~state-certified~~ health information exchange service provider to enable health information 
19.20 	exchange among health care providers that are not related health care entities as defined in 
19.21 	section 144.291, subdivision 2, paragraph (k). This does not include clinical data that are 
19.22 	submitted to the commissioner for public health purposes required or permitted by law, 
19.23 	including any rules adopted by the commissioner.
19.24 	(c) "Clinical transaction" means any meaningful use transaction or other health 
19.25 	information exchange transaction that is not covered by section 62J.536.
19.26 	(d) "Commissioner" means the commissioner of health.
19.27 	(e) "Health care provider" or "provider" means a health care provider or provider as 
19.28 	defined in section 62J.03, subdivision 8.
19.29 	(f) "Health data intermediary" means an entity that provides the technical capabilities 
19.30 	or related products and services to enable health information exchange among health care 
19.31 	providers that are not related health care entities as defined in section 144.291, subdivision 
19.32 	2, paragraph (k). This includes but is not limited to health information service providers 
20.1 	(HISP), electronic health record vendors, and pharmaceutical electronic data intermediaries 
20.2 	as defined in section 62J.495.
20.3 	(g) "Health information exchange" means the electronic transmission of health-related 
20.4 	information between organizations according to nationally recognized standards.
20.5 	(h) "Health information exchange service provider" means a health data intermediary 
20.6 	or health information organization.
20.7 	(i) "Health information organization" means an organization that oversees, governs, and 
20.8 	facilitates health information exchange among health care providers that are not related 
20.9 	health care entities as defined in section 144.291, subdivision 2, paragraph (k), to improve 
20.10 	coordination of patient care and the efficiency of health care delivery.
20.11 	~~(j) "HITECH Act" means the Health Information Technology for Economic and Clinical~~ 
20.12 	~~Health Act as defined in section 62J.495.~~
20.13 	~~(k)~~ (j) "Major participating entity" means:
20.14 	(1) a participating entity that receives compensation for services that is greater than 30 
20.15 	percent of the health information organization's gross annual revenues from the health 
20.16 	information exchange service provider;
20.17 	(2) a participating entity providing administrative, financial, or management services to 
20.18 	the health information organization, if the total payment for all services provided by the 
20.19 	participating entity exceeds three percent of the gross revenue of the health information 
20.20 	organization; and
20.21 	(3) a participating entity that nominates or appoints 30 percent or more of the board of 
20.22 	directors or equivalent governing body of the health information organization.
20.23 	~~(l)~~ (k) "Master patient index" means an electronic database that holds unique identifiers 
20.24 	of patients registered at a care facility and is used by a ~~state-certified~~ health information 
20.25 	exchange service provider to enable health information exchange among health care providers 
20.26 	that are not related health care entities as defined in section 144.291, subdivision 2, paragraph 
20.27 	(k). This does not include data that are submitted to the commissioner for public health 
20.28 	purposes required or permitted by law, including any rules adopted by the commissioner.
20.29 	~~(m) "Meaningful use" means use of certified electronic health record technology to~~ 
20.30 	~~improve quality, safety, and efficiency and reduce health disparities; engage patients and~~ 
20.31 	~~families; improve care coordination and population and public health; and maintain privacy~~ 
20.32 	~~and security of patient health information as established by the Centers for Medicare and~~ 
21.1 	~~Medicaid Services and the Minnesota Department of Human Services pursuant to sections~~ 
21.2 	~~4101, 4102, and 4201 of the HITECH Act.~~
21.3 	~~(n) "Meaningful use transaction" means an electronic transaction that a health care~~ 
21.4 	~~provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare~~ 
21.5 	~~penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.~~
21.6 	~~(o)~~ (l) "Participating entity" means any of the following persons, health care providers, 
21.7 	companies, or other organizations with which a health information organization ~~or health~~ 
21.8 	~~data intermediary~~ has contracts or other agreements for the provision of health information 
21.9 	exchange services:
21.10 	(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home 
21.11 	licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise 
21.12 	licensed under the laws of this state or registered with the commissioner;
21.13 	(2) a health care provider, and any other health care professional otherwise licensed 
21.14 	under the laws of this state or registered with the commissioner;
21.15 	(3) a group, professional corporation, or other organization that provides the services of 
21.16 	individuals or entities identified in clause (2), including but not limited to a medical clinic, 
21.17 	a medical group, a home health care agency, an urgent care center, and an emergent care 
21.18 	center;
21.19 	(4) a health plan as defined in section 62A.011, subdivision 3; and
21.20 	(5) a state agency as defined in section 13.02, subdivision 17.
21.21 	~~(p)~~ (m) "Reciprocal agreement" means an arrangement in which two or more health 
21.22 	information exchange service providers agree to share in-kind services and resources to 
21.23 	allow for the pass-through of clinical transactions.
21.24 	~~(q) "State-certified health data intermediary" means a health data intermediary that has~~ 
21.25 	~~been issued a certificate of authority to operate in Minnesota.~~
21.26 	~~(r)~~ (n) "State-certified health information organization" means a health information 
21.27 	organization that has been issued a certificate of authority to operate in Minnesota.
21.28 		Subd. 2.Health information exchange oversight. (a) The commissioner shall protect 
21.29 	the public interest on matters pertaining to health information exchange. The commissioner 
21.30 	shall:
21.31 	(1) review and act on applications from ~~health data intermediaries and~~ health information 
21.32 	organizations for certificates of authority to operate in Minnesota;
22.1 	(2) require information to be provided as needed from health information exchange 
22.2 	service providers in order to meet requirements established under sections 62J.498 to 
22.3 	62J.4982;
22.4 	~~(2)~~ (3) provide ongoing monitoring to ensure compliance with criteria established under 
22.5 	sections 62J.498 to 62J.4982;
22.6 	~~(3)~~ (4) respond to public complaints related to health information exchange services;
22.7 	~~(4)~~ (5) take enforcement actions as necessary, including the imposition of fines, 
22.8 	suspension, or revocation of certificates of authority as outlined in section 62J.4982;
22.9 	~~(5)~~ (6) provide a biennial report on the status of health information exchange services 
22.10 	that includes but is not limited to:
22.11 	(i) recommendations on actions necessary to ensure that health information exchange 
22.12 	services are adequate to meet the needs of Minnesota citizens and providers statewide;
22.13 	(ii) recommendations on enforcement actions to ensure that health information exchange 
22.14 	service providers act in the public interest without causing disruption in health information 
22.15 	exchange services;
22.16 	(iii) recommendations on updates to criteria for obtaining certificates of authority under 
22.17 	this section; and
22.18 	(iv) recommendations on standard operating procedures for health information exchange, 
22.19 	including but not limited to the management of consumer preferences; and
22.20 	~~(6)~~ (7) other duties necessary to protect the public interest.
22.21 	(b) As part of the application review process for certification under paragraph (a), prior 
22.22 	to issuing a certificate of authority, the commissioner shall:
22.23 	(1) make all portions of the application classified as public data available to the public 
22.24 	for at least ten days while an application is under consideration. At the request of the 
22.25 	commissioner, the applicant shall participate in a public hearing by presenting an overview 
22.26 	of their application and responding to questions from interested parties; and
22.27 	(2) consult with hospitals, physicians, and other providers prior to issuing a certificate 
22.28 	of authority.
22.29 	(c) When the commissioner is actively considering a suspension or revocation of a 
22.30 	certificate of authority as described in section 62J.4982, subdivision 3, all investigatory data 
22.31 	that are collected, created, or maintained related to the suspension or revocation are classified 
23.1 	as confidential data on individuals and as protected nonpublic data in the case of data not 
23.2 	on individuals.
23.3 	(d) The commissioner may disclose data classified as protected nonpublic or confidential 
23.4 	under paragraph (c) if disclosing the data will protect the health or safety of patients.
23.5 	(e) After the commissioner makes a final determination regarding a suspension or 
23.6 	revocation of a certificate of authority, all minutes, orders for hearing, findings of fact, 
23.7 	conclusions of law, and the specification of the final disciplinary action, are classified as 
23.8 	public data.

23.9 	Sec. 6. Minnesota Statutes 2020, section 62J.4981, is amended to read:
23.10 	62J.4981 CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH 
23.11 	INFORMATION EXCHANGE SERVICES.
23.12 		Subdivision 1.Authority to require organizations to apply. The commissioner shall 
23.13 	require ~~a health data intermediary or~~ a health information organization to apply for a 
23.14 	certificate of authority under this section. An applicant may continue to operate until the 
23.15 	commissioner acts on the application. If the application is denied, the applicant is considered 
23.16 	a health information exchange service provider whose certificate of authority has been 
23.17 	revoked under section 62J.4982, subdivision 2, paragraph (d).
23.18 		~~Subd. 2.Certificate of authority for health data intermediaries.~~ ~~(a) A health data~~ 
23.19 	~~intermediary must be certified by the state and comply with requirements established in this~~ 
23.20 	~~section.~~
23.21 	~~(b) Notwithstanding any law to the contrary, any corporation organized to do so may~~ 
23.22 	~~apply to the commissioner for a certificate of authority to establish and operate as a health~~ 
23.23 	~~data intermediary in compliance with this section. No person shall establish or operate a~~ 
23.24 	~~health data intermediary in this state, nor sell or offer to sell, or solicit offers to purchase~~ 
23.25 	~~or receive advance or periodic consideration in conjunction with a health data intermediary~~ 
23.26 	~~contract unless the organization has a certificate of authority or has an application under~~ 
23.27 	~~active consideration under this section.~~
23.28 	~~(c) In issuing the certificate of authority, the commissioner shall determine whether the~~ 
23.29 	~~applicant for the certificate of authority has demonstrated that the applicant meets the~~ 
23.30 	~~following minimum criteria:~~
23.31 	~~(1) hold reciprocal agreements with at least one state-certified health information~~ 
23.32 	~~organization to access patient data, and for the transmission and receipt of clinical~~ 
24.1 	~~transactions. Reciprocal agreements must meet the requirements established in subdivision~~ 
24.2 	~~5; and~~
24.3 	~~(2) participate in statewide shared health information exchange services as defined by~~ 
24.4 	~~the commissioner to support interoperability between state-certified health information~~ 
24.5 	~~organizations and state-certified health data intermediaries.~~
24.6 		Subd. 3.Certificate of authority for health information organizations. (a) A health 
24.7 	information organization must obtain a certificate of authority from the commissioner and 
24.8 	demonstrate compliance with the criteria in paragraph (c).
24.9 	(b) Notwithstanding any law to the contrary, an organization may apply for a certificate 
24.10 	of authority to establish and operate a health information organization under this section. 
24.11 	No person shall establish or operate a health information organization in this state, nor sell 
24.12 	or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in 
24.13 	conjunction with a health information organization or health information contract unless 
24.14 	the organization has a certificate of authority under this section.
24.15 	(c) In issuing the certificate of authority, the commissioner shall determine whether the 
24.16 	applicant for the certificate of authority has demonstrated that the applicant meets the 
24.17 	following minimum criteria:
24.18 	(1) the entity is a legally established organization;
24.19 	(2) appropriate insurance, including liability insurance, for the operation of the health 
24.20 	information organization is in place and sufficient to protect the interest of the public and 
24.21 	participating entities;
24.22 	(3) strategic and operational plans address governance, technical infrastructure, legal 
24.23 	and policy issues, finance, and business operations in regard to how the organization will 
24.24 	expand to support providers in achieving health information exchange goals over time;
24.25 	(4) the entity addresses the parameters to be used with participating entities and other 
24.26 	health information exchange service providers for clinical transactions, compliance with 
24.27 	Minnesota law, and interstate health information exchange trust agreements;
24.28 	(5) the entity's board of directors or equivalent governing body is composed of members 
24.29 	that broadly represent the health information organization's participating entities and 
24.30 	consumers;
24.31 	(6) the entity maintains a professional staff responsible to the board of directors or 
24.32 	equivalent governing body with the capacity to ensure accountability to the organization's 
24.33 	mission;
25.1 	(7) the organization is compliant with national certification and accreditation programs 
25.2 	designated by the commissioner;
25.3 	(8) the entity maintains the capability to query for patient information based on national 
25.4 	standards. The query capability may utilize a master patient index, clinical data repository, 
25.5 	or record locator service as defined in section 144.291, subdivision 2, paragraph (j). The 
25.6 	entity must be compliant with the requirements of section 144.293, subdivision 8, when 
25.7 	conducting clinical transactions;
25.8 	(9) the organization demonstrates interoperability with all other state-certified health 
25.9 	information organizations using nationally recognized standards;
25.10 	(10) the organization demonstrates compliance with all privacy and security requirements 
25.11 	required by state and federal law; and
25.12 	(11) the organization uses financial policies and procedures consistent with generally 
25.13 	accepted accounting principles and has an independent audit of the organization's financials 
25.14 	on an annual basis.
25.15 	(d) Health information organizations that have obtained a certificate of authority must:
25.16 	(1) meet the requirements established for connecting to the National eHealth Exchange;
25.17 	(2) annually submit strategic and operational plans for review by the commissioner that 
25.18 	address:
25.19 	(i) progress in achieving objectives included in previously submitted strategic and 
25.20 	operational plans across the following domains: business and technical operations, technical 
25.21 	infrastructure, legal and policy issues, finance, and organizational governance;
25.22 	(ii) plans for ensuring the necessary capacity to support clinical transactions;
25.23 	(iii) approach for attaining financial sustainability, including public and private financing 
25.24 	strategies, and rate structures;
25.25 	(iv) rates of adoption, utilization, and transaction volume, and mechanisms to support 
25.26 	health information exchange; and
25.27 	(v) an explanation of methods employed to address the needs of community clinics, 
25.28 	critical access hospitals, and free clinics in accessing health information exchange services;
25.29 	(3) enter into reciprocal agreements with all other state-certified health information 
25.30 	organizations ~~and state-certified health data intermediaries~~ to enable access to patient data, 
25.31 	and for the transmission and receipt of clinical transactions. Reciprocal agreements must 
25.32 	meet the requirements in subdivision 5;
26.1 	(4) participate in statewide shared health information exchange services as defined by 
26.2 	the commissioner to support interoperability ~~between state-certified health information~~ 
26.3 	~~organizations and state-certified health data intermediaries~~; and
26.4 	(5) comply with additional requirements for the certification or recertification of health 
26.5 	information organizations that may be established by the commissioner.
26.6 		Subd. 4.Application for certificate of authority for health information ~~exchange~~ 
26.7 	~~service providers~~ organizations. (a) Each application for a certificate of authority shall 
26.8 	be in a form prescribed by the commissioner and verified by an officer or authorized 
26.9 	representative of the applicant. Each application shall include the following in addition to 
26.10 	information described in the criteria in ~~subdivisions 2 and~~ subdivision 3:
26.11 	(1) ~~for health information organizations only,~~ a copy of the basic organizational document, 
26.12 	if any, of the applicant and of each major participating entity, such as the articles of 
26.13 	incorporation, or other applicable documents, and all amendments to it;
26.14 	(2) ~~for health information organizations only,~~ a list of the names, addresses, and official 
26.15 	positions of the following:
26.16 	(i) all members of the board of directors or equivalent governing body, and the principal 
26.17 	officers and, if applicable, shareholders of the applicant organization; and
26.18 	(ii) all members of the board of directors or equivalent governing body, and the principal 
26.19 	officers of each major participating entity and, if applicable, each shareholder beneficially 
26.20 	owning more than ten percent of any voting stock of the major participating entity;
26.21 	(3) ~~for health information organizations only,~~ the name and address of each participating 
26.22 	entity and the agreed-upon duration of each contract or agreement if applicable;
26.23 	(4) a copy of each standard agreement or contract intended to bind the participating 
26.24 	entities and the health information ~~exchange service provider~~ organization. Contractual 
26.25 	provisions shall be consistent with the purposes of this section, in regard to the services to 
26.26 	be performed under the standard agreement or contract, the manner in which payment for 
26.27 	services is determined, the nature and extent of responsibilities to be retained by the health 
26.28 	information organization, and contractual termination provisions;
26.29 	(5) a statement generally describing the health information ~~exchange service provider~~
26.30 	organization, its health information exchange contracts, facilities, and personnel, including 
26.31 	a statement describing the manner in which the applicant proposes to provide participants 
26.32 	with comprehensive health information exchange services;
27.1 	(6) a statement reasonably describing the geographic area or areas to be served and the 
27.2 	type or types of participants to be served;
27.3 	(7) a description of the complaint procedures to be used as required under this section;
27.4 	(8) a description of the mechanism by which participating entities will have an opportunity 
27.5 	to participate in matters of policy and operation;
27.6 	(9) a copy of any pertinent agreements between the health information organization and 
27.7 	insurers, including liability insurers, demonstrating coverage is in place;
27.8 	(10) a copy of the conflict of interest policy that applies to all members of the board of 
27.9 	directors or equivalent governing body and the principal officers of the health information 
27.10 	organization; and
27.11 	(11) other information as the commissioner may reasonably require to be provided.
27.12 	(b) Within 45 days after the receipt of the application for a certificate of authority, the 
27.13 	commissioner shall determine whether or not the application submitted meets the 
27.14 	requirements for completion in paragraph (a), and notify the applicant of any further 
27.15 	information required for the application to be processed.
27.16 	(c) Within 90 days after the receipt of a complete application for a certificate of authority, 
27.17 	the commissioner shall issue a certificate of authority to the applicant if the commissioner 
27.18 	determines that the applicant meets the minimum criteria requirements of subdivision 2 ~~for~~ 
27.19 	~~health data intermediaries or subdivision 3 for health information organizations~~. If the 
27.20 	commissioner determines that the applicant is not qualified, the commissioner shall notify 
27.21 	the applicant and specify the reasons for disqualification.
27.22 	(d) Upon being granted a certificate of authority to operate as a state-certified health 
27.23 	information organization ~~or state-certified health data intermediary~~, the organization must 
27.24 	operate in compliance with the provisions of this section. Noncompliance may result in the 
27.25 	imposition of a fine or the suspension or revocation of the certificate of authority according 
27.26 	to section 62J.4982.
27.27 		Subd. 5.Reciprocal agreements between health information ~~exchange entities~~
27.28 	organizations. (a) Reciprocal agreements between two health information organizations 
27.29 	~~or between a health information organization and a health data intermediary~~ must include 
27.30 	a fair and equitable model for charges between the entities that:
27.31 	(1) does not impede the secure transmission of clinical transactions;
28.1 	(2) does not charge a fee for the exchange of ~~meaningful use~~ transactions transmitted 
28.2 	according to nationally recognized standards where no additional value-added service is 
28.3 	rendered to the sending or receiving health information organization ~~or health data~~ 
28.4 	~~intermediary~~ either directly or on behalf of the client;
28.5 	(3) is consistent with fair market value and proportionately reflects the value-added 
28.6 	services accessed as a result of the agreement; and
28.7 	(4) prevents health care stakeholders from being charged multiple times for the same 
28.8 	service.
28.9 	(b) Reciprocal agreements must include comparable quality of service standards that 
28.10 	ensure equitable levels of services.
28.11 	(c) Reciprocal agreements are subject to review and approval by the commissioner.
28.12 	(d) Nothing in this section precludes a state-certified health information organization ~~or~~ 
28.13 	~~state-certified health data intermediary~~ from entering into contractual agreements for the 
28.14 	provision of value-added services ~~beyond meaningful use transactions~~.

28.15 	Sec. 7. Minnesota Statutes 2020, section 62J.4982, is amended to read:
28.16 	62J.4982 ENFORCEMENT AUTHORITY; COMPLIANCE.
28.17 		Subdivision 1.Penalties and enforcement. (a) The commissioner may, for any violation 
28.18 	of statute or rule applicable to a health information ~~exchange service provider~~ organization, 
28.19 	levy an administrative penalty in an amount up to $25,000 for each violation. In determining 
28.20 	the level of an administrative penalty, the commissioner shall consider the following factors:
28.21 	(1) the number of participating entities affected by the violation;
28.22 	(2) the effect of the violation on participating entities' access to health information 
28.23 	exchange services;
28.24 	(3) if only one participating entity is affected, the effect of the violation on the patients 
28.25 	of that entity;
28.26 	(4) whether the violation is an isolated incident or part of a pattern of violations;
28.27 	(5) the economic benefits derived by the health information organization ~~or a health data~~ 
28.28 	~~intermediary~~ by virtue of the violation;
28.29 	(6) whether the violation hindered or facilitated an individual's ability to obtain health 
28.30 	care;
28.31 	(7) whether the violation was intentional;
29.1 	(8) whether the violation was beyond the direct control of the health information ~~exchange~~ 
29.2 	~~service provider~~ organization;
29.3 	(9) any history of prior compliance with the provisions of this section, including 
29.4 	violations;
29.5 	(10) whether and to what extent the health information ~~exchange service provider~~
29.6 	organization attempted to correct previous violations;
29.7 	(11) how the health information ~~exchange service provider~~ organization responded to 
29.8 	technical assistance from the commissioner provided in the context of a compliance effort; 
29.9 	and
29.10 	(12) the financial condition of the health information ~~exchange service provider~~
29.11 	organization including~~,~~ but not limited to~~,~~ whether the health information ~~exchange service~~ 
29.12 	~~provider~~ organization had financial difficulties that affected its ability to comply or whether 
29.13 	the imposition of an administrative monetary penalty would jeopardize the ability of the 
29.14 	health information ~~exchange service provider~~ organization to continue to deliver health 
29.15 	information exchange services.
29.16 	The commissioner shall give reasonable notice in writing to the health information 
29.17 	~~exchange service provider~~ organization of the intent to levy the penalty and the reasons for 
29.18 	it. A health information ~~exchange service provider~~ organization may have 15 days within 
29.19 	which to contest whether the facts found constitute a violation of sections 62J.4981 and 
29.20 	62J.4982, according to the contested case and judicial review provisions of sections 14.57
29.21 	to 14.69.
29.22 	(b) If the commissioner has reason to believe that a violation of section 62J.4981 or 
29.23 	62J.4982 has occurred or is likely, the commissioner may confer with the persons involved 
29.24 	before commencing action under subdivision 2. The commissioner may notify the health 
29.25 	information ~~exchange service provider~~ organization and the representatives, or other persons 
29.26 	who appear to be involved in the suspected violation, to arrange a voluntary conference 
29.27 	with the alleged violators or their authorized representatives. The purpose of the conference 
29.28 	is to attempt to learn the facts about the suspected violation and, if it appears that a violation 
29.29 	has occurred or is threatened, to find a way to correct or prevent it. The conference is not 
29.30 	governed by any formal procedural requirements, and may be conducted as the commissioner 
29.31 	considers appropriate.
29.32 	(c) The commissioner may issue an order directing a health information ~~exchange service~~ 
29.33 	~~provider~~ organization or a representative of a health information ~~exchange service provider~~
30.1 	organization to cease and desist from engaging in any act or practice in violation of sections 
30.2 	62J.4981 and 62J.4982.
30.3 	(d) Within 20 days after service of the order to cease and desist, a health information 
30.4 	~~exchange service provider~~ organization may contest whether the facts found constitute a 
30.5 	violation of sections 62J.4981 and 62J.4982 according to the contested case and judicial 
30.6 	review provisions of sections 14.57 to 14.69.
30.7 	(e) In the event of noncompliance with a cease and desist order issued under this 
30.8 	subdivision, the commissioner may institute a proceeding to obtain injunctive relief or other 
30.9 	appropriate relief in Ramsey County District Court.
30.10 		Subd. 2.Suspension or revocation of certificates of authority. (a) The commissioner 
30.11 	may suspend or revoke a certificate of authority issued to a ~~health data intermediary or~~
30.12 	health information organization under section 62J.4981 if the commissioner finds that:
30.13 	(1) the health information ~~exchange service provider~~ organization is operating 
30.14 	significantly in contravention of its basic organizational document, or in a manner contrary 
30.15 	to that described in and reasonably inferred from any other information submitted under 
30.16 	section 62J.4981, unless amendments to the submissions have been filed with and approved 
30.17 	by the commissioner;
30.18 	(2) the health information ~~exchange service provider~~ organization is unable to fulfill its 
30.19 	obligations to furnish comprehensive health information exchange services as required 
30.20 	under its health information exchange contract;
30.21 	(3) the health information ~~exchange service provider~~ organization is no longer financially 
30.22 	solvent or may not reasonably be expected to meet its obligations to participating entities;
30.23 	(4) the health information ~~exchange service provider~~ organization has failed to implement 
30.24 	the complaint system in a manner designed to reasonably resolve valid complaints;
30.25 	(5) the health information ~~exchange service provider~~ organization, or any person acting 
30.26 	with its sanction, has advertised or merchandised its services in an untrue, misleading, 
30.27 	deceptive, or unfair manner;
30.28 	(6) the continued operation of the health information ~~exchange service provider~~
30.29 	organization would be hazardous to its participating entities or the patients served by the 
30.30 	participating entities; or
30.31 	(7) the health information ~~exchange service provider~~ organization has otherwise failed 
30.32 	to substantially comply with section 62J.4981 or with any other statute or administrative 
31.1 	rule applicable to health information exchange service providers, or has submitted false 
31.2 	information in any report required under sections 62J.498 to 62J.4982.
31.3 	(b) A certificate of authority shall be suspended or revoked only after meeting the 
31.4 	requirements of subdivision 3.
31.5 	(c) If the certificate of authority of a health information ~~exchange service provider~~
31.6 	organization is suspended, the health information ~~exchange service provider~~ organization
31.7 	shall not, during the period of suspension, enroll any additional participating entities, and 
31.8 	shall not engage in any advertising or solicitation.
31.9 	(d) If the certificate of authority of a health information ~~exchange service provider~~
31.10 	organization is revoked, the organization shall proceed, immediately following the effective 
31.11 	date of the order of revocation, to wind up its affairs, and shall conduct no further business 
31.12 	except as necessary to the orderly conclusion of the affairs of the organization. The 
31.13 	organization shall engage in no further advertising or solicitation. The commissioner may, 
31.14 	by written order, permit further operation of the organization as the commissioner finds to 
31.15 	be in the best interest of participating entities, to the end that participating entities will be 
31.16 	given the greatest practical opportunity to access continuing health information exchange 
31.17 	services.
31.18 		Subd. 3.Denial, suspension, and revocation; administrative procedures. (a) When 
31.19 	the commissioner has cause to believe that grounds for the denial, suspension, or revocation 
31.20 	of a certificate of authority exist, the commissioner shall notify the health information 
31.21 	~~exchange service provider~~ organization in writing stating the grounds for denial, suspension, 
31.22 	or revocation and setting a time within 20 days for a hearing on the matter.
31.23 	(b) After a hearing before the commissioner at which the health information ~~exchange~~ 
31.24 	~~service provider~~ organization may respond to the grounds for denial, suspension, or 
31.25 	revocation, or upon the failure of the health information exchange service provider to appear 
31.26 	at the hearing, the commissioner shall take action as deemed necessary and shall issue 
31.27 	written findings and mail them to the health information ~~exchange service provider~~
31.28 	organization.
31.29 	(c) If suspension, revocation, or administrative penalty is proposed according to this 
31.30 	section, the commissioner must deliver, or send by certified mail with return receipt 
31.31 	requested, to the health information ~~exchange service provider~~ organization written notice 
31.32 	of the commissioner's intent to impose a penalty. This notice of proposed determination 
31.33 	must include:
31.34 	(1) a reference to the statutory basis for the penalty;
32.1 	(2) a description of the findings of fact regarding the violations with respect to which 
32.2 	the penalty is proposed;
32.3 	(3) the nature and amount of the proposed penalty;
32.4 	(4) any circumstances described in subdivision 1, paragraph (a), that were considered 
32.5 	in determining the amount of the proposed penalty;
32.6 	(5) instructions for responding to the notice, including a statement of the health 
32.7 	information ~~exchange service provider's~~ organization's right to a contested case proceeding 
32.8 	and a statement that failure to request a contested case proceeding within 30 calendar days 
32.9 	permits the imposition of the proposed penalty; and
32.10 	(6) the address to which the contested case proceeding request must be sent.
32.11 		Subd. 4.Coordination.  The commissioner shall, to the extent possible, seek the advice 
32.12 	of the Minnesota e-Health Advisory Committee, in the review and update of criteria for the 
32.13 	certification and recertification of health information ~~exchange service providers~~
32.14 	organizations when implementing sections 62J.498 to 62J.4982.
32.15 		Subd. 5.Fees and monetary penalties. (a) The commissioner shall assess fees on every 
32.16 	health information ~~exchange service provider~~ organization subject to sections 62J.4981 and 
32.17 	62J.4982 as follows:
32.18 	(1) filing an application for certificate of authority to operate as a health information 
32.19 	organization, $7,000; and
32.20 	(2) ~~filing an application for certificate of authority to operate as a health data intermediary,~~ 
32.21 	~~$7,000;~~
32.22 	~~(3)~~ annual health information organization certificate fee, $7,000~~; and~~.
32.23 	~~(4) annual health data intermediary certificate fee, $7,000.~~
32.24 	(b) Fees collected under this section shall be deposited in the state treasury and credited 
32.25 	to the state government special revenue fund.
32.26 	(c) Administrative monetary penalties imposed under this subdivision shall be credited 
32.27 	to an account in the special revenue fund and are appropriated to the commissioner for the 
32.28 	purposes of sections 62J.498 to 62J.4982.

32.29 	Sec. 8. Minnesota Statutes 2020, section 144.1205, subdivision 2, is amended to read:
32.30 		Subd. 2.Initial and annual fee. (a) A licensee must pay an initial fee that is equivalent 
32.31 	to the annual fee upon issuance of the initial license.
33.1 	(b) A licensee must pay an annual fee at least 60 days before the anniversary date of the 
33.2 	issuance of the license. The annual fee is as follows:

33.433.3

TYPE

~~ANNUAL~~
LICENSE FEE

33.633.5

Academic broad scope - type A, B, or C

~~$19,920~~
$25,896

33.7 | ~~Academic broad scope - type B~~ | | ~~19,920~~ |
33.8 | ~~Academic broad scope - type C~~ | | ~~19,920~~ |
33.9 | Academic broad scope - type A, B, or C (4-8 locations) | | $31,075 |
33.10 | Academic broad scope - type A, B, or C (9 or more locations) | | $36,254 |
33.1233.11

Medical broad scope - type A

~~19,920~~
$25,896

33.13 | Medical broad scope- type A (4-8 locations) | | $31,075 |
33.14 | Medical broad scope- type A (9 or more locations) | | $36,254 |
33.15 | ~~Medical institution - diagnostic and therapeutic~~ | | ~~3,680~~ |
33.16
33.17

33.18

Medical - diagnostic, diagnostic and  therapeutic, mobile nuclear 
medicine, eye applicators, high dose rate afterloaders, and  
medical therapy emerging technologies

$4,784

33.19
33.20

33.21

Medical - diagnostic, diagnostic and  therapeutic, mobile nuclear 
medicine, eye  applicators, high dose rate afterloaders, and  
medical therapy emerging technologies (4-8  locations)

$5,740

33.22
33.23

33.24

Medical - diagnostic, diagnostic and  therapeutic, mobile nuclear 
medicine, eye  applicators, high dose rate afterloaders, and 
medical therapy emerging technologies (9 or more locations)

$6,697

33.25 | ~~Medical institution - diagnostic (no written directives)~~ | | ~~3,680~~ |
33.26 | ~~Medical private practice - diagnostic and therapeutic~~ | | ~~3,680~~ |
33.27 | ~~Medical private practice - diagnostic (no written directives)~~ | | ~~3,680~~ |
33.28 | ~~Eye applicators~~ | | ~~3,680~~ |
33.29 | ~~Nuclear medical vans~~ | | ~~3,680~~ |
33.30 | ~~High dose rate afterloader~~ | | ~~3,680~~ |
33.31 | ~~Mobile high dose rate afterloader~~ | | ~~3,680~~ |
33.32 | ~~Medical therapy - other emerging technology~~ | | ~~3,680~~ |
33.3433.33

Teletherapy

~~8,960~~
$11,648

33.3633.35

Gamma knife

~~8,960~~
$11,648

33.37 | Veterinary medicine | | ~~2,000~~ $2,600 |
33.38 | In vitro testing lab | | ~~2,000~~ $2,600 |
33.4033.39

Nuclear pharmacy

~~8,800~~
$11,440

33.41 | Nuclear pharmacy (5 or more locations) | | $13,728 |
33.42 | Radiopharmaceutical distribution (10 CFR 32.72) | | ~~3,840~~ $4,992 |
34.1

34.2

Radiopharmaceutical processing and distribution (10 CFR 
32.72)

~~8,800~~
$11,440

34.3

34.4

Radiopharmaceutical processing and distribution (10 CFR 
32.72) (5 or more locations)

$13,728

34.5 | Medical sealed sources - distribution (10 CFR 32.74) | | ~~3,840~~ $4,992 |
34.6

34.7

Medical sealed sources - processing and distribution (10 CFR 
32.74)

~~8,800~~
$11,440

34.8

34.9

Medical sealed sources - processing and distribution (10 CFR 
32.74) (5 or more  locations)

$13,728

34.10 | Well logging - sealed sources | | ~~3,760~~ $4,888 |
34.11

34.12

Measuring systems - (fixed gauge, portable gauge, gas 
chromatograph, other)

~~2,000~~ $2,600

34.13 | ~~Measuring systems - portable gauge~~ | | ~~2,000~~ |
34.14

34.15

Measuring systems - (fixed gauge, portable gauge, gas 
chromatograph, other) (4-8 locations)

$3,120

34.16

34.17

Measuring systems - (fixed gauge, portable gauge, gas 
chromatograph, other) (9 or more locations)

$3,640

34.18 | X-ray fluorescent analyzer | | ~~1,520~~ $1,976 |
34.19 | ~~Measuring systems - gas chromatograph~~ | | ~~2,000~~ |
34.20 | ~~Measuring systems - other~~ | | ~~2,000~~ |
34.21

34.22

~~Broad scope~~ Manufacturing and distribution - type A broad 
scope

~~19,920~~
$25,896

34.23

34.24

Manufacturing and distribution - type A  broad scope (4-8 
locations)

$31,075

34.25

34.26

Manufacturing and distribution - type A  broad scope (9 or more 
locations)

$36,254

34.27

34.28

~~Broad scope~~ Manufacturing and distribution - type B or C broad 
scope

~~17,600~~
$22,880

34.29 | ~~Broad scope Manufacturing and distribution - type C~~ | | ~~17,600~~ |
34.30

34.31

Manufacturing and distribution - type B or C broad scope (4-8 
locations)

$27,456

34.32

34.33

Manufacturing and distribution - type B or C broad scope (9 
or more locations)

$32,032

34.34 | Manufacturing and distribution - other | | ~~5,280~~ $6,864 |
34.35 | Manufacturing and distribution - other (4-8  locations) | | $8,236 |
34.36 | Manufacturing and distribution - other (9 or  more locations) | | $9,609 |
34.3834.37

Nuclear laundry

~~18,640~~
$24,232

34.39 | Decontamination services | | ~~4,960~~ $6,448 |
34.40 | Leak test services only | | ~~2,000~~ $2,600 |
34.41 | Instrument calibration service only~~, less than 100 curies~~ | | ~~2,000~~ $2,600 |
34.42 | ~~Instrument calibration service only, 100 curies or more~~ | | ~~2,000~~ |
34.43 | Service, maintenance, installation, source changes, etc. | | ~~4,960~~ $6,448 |
35.1 | Waste disposal service, prepackaged only | | ~~6,000~~ $7,800 |
35.335.2

Waste disposal

~~8,320~~
$10,816

35.4 | Distribution - general licensed devices (sealed sources) | | ~~1,760~~ $2,288 |
35.5 | Distribution - general licensed material (unsealed sources) | | ~~1,120~~ $1,456 |
35.735.6

Industrial radiography - fixed or temporary location

~~9,840~~
$12,792

35.8 | ~~Industrial radiography - temporary job sites~~ | | ~~9,840~~ |
35.935.10

Industrial radiography - fixed or temporary location (5 or more 
locations)

$16,629

35.11 | Irradiators, self-shielding~~, less than 10,000 curies~~ | | ~~2,880~~ $3,744 |
35.12 | Irradiators, other, less than 10,000 curies | | ~~5,360~~ $6,968 |
35.13 | ~~Irradiators, self-shielding, 10,000 curies or more~~ | | ~~2,880~~ |
35.1535.14

Research and development - type A, B, or C broad scope

~~9,520~~
$12,376

35.16 | ~~Research and development - type B broad scope~~ | | ~~9,520~~ |
35.17 | ~~Research and development - type C broad scope~~ | | ~~9,520~~ |
35.18

35.19

Research and development - type A, B, or C broad scope (4-8 
locations)

$14,851

35.20

35.21

Research and development - type A, B, or C broad scope (9 or 
more locations)

$17,326

35.22 | Research and development - other | | ~~4,480~~ $5,824 |
35.23 | Storage - no operations | | ~~2,000~~ $2,600 |
35.24 | Source material - shielding | | ~~584~~ $759 |
35.25 | Special nuclear material plutonium - neutron source in device | | ~~3,680~~ $4,784 |
35.26

35.27

Pacemaker by-product and/or special nuclear material - medical 
(institution)

~~3,680~~ $4,784

35.28

35.29

Pacemaker by-product and/or special nuclear material - 
manufacturing and distribution

~~5,280~~ $6,864

35.30 | Accelerator-produced radioactive material | | ~~3,840~~ $4,992 |
35.31 | Nonprofit educational institutions | | ~~300~~ $500 |
35.32 | ~~General license registration~~ | | ~~150~~ |

35.33 	Sec. 9. Minnesota Statutes 2020, section 144.1205, subdivision 4, is amended to read:
35.34 		Subd. 4.Initial and renewal application fee. A licensee must pay an initial and a 
35.35 	renewal application fee ~~as follows:~~ according to this subdivision.

35.36 | TYPE | APPLICATION FEE
35.3835.37

Academic broad scope - type A, B, or C

~~$ 5,920~~
$6,808

35.39 | ~~Academic broad scope - type B~~ | | ~~5,920~~ |
36.1 | ~~Academic broad scope - type C~~ | | ~~5,920~~ |
36.2 | Medical broad scope - type A | | ~~3,920~~ $4,508 |
36.3
36.4

36.5

Medical - diagnostic, diagnostic and therapeutic, mobile nuclear 
medicine, eye applicators, high dose rate afterloaders, and 
medical therapy emerging technologies

$1,748

36.6 | ~~Medical institution - diagnostic and therapeutic~~ | | ~~1,520~~ |
36.7 | ~~Medical institution - diagnostic (no written directives)~~ | | ~~1,520~~ |
36.8 | ~~Medical private practice - diagnostic and therapeutic~~ | | ~~1,520~~ |
36.9 | ~~Medical private practice - diagnostic (no written directives)~~ | | ~~1,520~~ |
36.10 | ~~Eye applicators~~ | | ~~1,520~~ |
36.11 | ~~Nuclear medical vans~~ | | ~~1,520~~ |
36.12 | ~~High dose rate afterloader~~ | | ~~1,520~~ |
36.13 | ~~Mobile high dose rate afterloader~~ | | ~~1,520~~ |
36.14 | ~~Medical therapy - other emerging technology~~ | | ~~1,520~~ |
36.15 | Teletherapy | | ~~5,520~~ $6,348 |
36.16 | Gamma knife | | ~~5,520~~ $6,348 |
36.17 | Veterinary medicine | | ~~960~~ $1,104 |
36.18 | In vitro testing lab | | ~~960~~ $1,104 |
36.19 | Nuclear pharmacy | | ~~4,880~~ $5,612 |
36.20 | Radiopharmaceutical distribution (10 CFR 32.72) | | ~~2,160~~ $2,484 |
36.21

36.22

Radiopharmaceutical processing and distribution (10 CFR 
32.72)

~~4,880~~ $5,612

36.23 | Medical sealed sources - distribution (10 CFR 32.74) | | ~~2,160~~ $2,484 |
36.24

36.25

Medical sealed sources - processing and distribution (10 CFR 
32.74)

~~4,880~~ $5,612

36.26 | Well logging - sealed sources | | ~~1,600~~ $1,840 |
36.27

36.28

Measuring systems - (fixed gauge, portable gauge, gas 
chromatograph, other)

~~960~~ $1,104

36.29 | ~~Measuring systems - portable gauge~~ | | ~~960~~ |
36.30 | X-ray fluorescent analyzer | | ~~584~~ $671 |
36.31 | ~~Measuring systems - gas chromatograph~~ | | ~~960~~ |
36.32 | ~~Measuring systems - other~~ | | ~~960~~ |
36.33

36.34

~~Broad scope~~ Manufacturing and distribution - type A, B, and 
C broad scope

~~5,920~~ $6,854

36.35 | ~~Broad scope manufacturing and distribution - type B~~ | | ~~5,920~~ |
36.36 | ~~Broad scope manufacturing and distribution - type C~~ | | ~~5,920~~ |
36.37 | Manufacturing and distribution - other | | ~~2,320~~ $2,668 |
36.3936.38

Nuclear laundry

~~10,080~~
$11,592

36.40 | Decontamination services | | ~~2,640~~ $3,036 |
37.1 | Leak test services only | | ~~960~~ $1,104 |
37.2 | Instrument calibration service only~~, less than 100 curies~~ | | ~~960~~ $1,104 |
37.3 | ~~Instrument calibration service only, 100 curies or more~~ | | ~~960~~ |
37.4 | Service, maintenance, installation, source changes, etc. | | ~~2,640~~ $3,036 |
37.5 | Waste disposal service, prepackaged only | | ~~2,240~~ $2,576 |
37.6 | Waste disposal | | ~~1,520~~ $1,748 |
37.7 | Distribution - general licensed devices (sealed sources) | | ~~880~~ $1,012 |
37.8 | Distribution - general licensed material (unsealed sources) | | ~~520~~ $598 |
37.9 | Industrial radiography - fixed or temporary location | | ~~2,640~~ $3,036 |
37.10 | ~~Industrial radiography - temporary job sites~~ | | ~~2,640~~ |
37.11 | Irradiators, self-shielding~~, less than 10,000 curies~~ | | ~~1,440~~ $1,656 |
37.12 | Irradiators, other, less than 10,000 curies | | ~~2,960~~ $3,404 |
37.13 | ~~Irradiators, self-shielding, 10,000 curies or more~~ | | ~~1,440~~ |
37.14 | Research and development - type A, B, or C broad scope | | ~~4,960~~ $5,704 |
37.15 | ~~Research and development - type B broad scope~~ | | ~~4,960~~ |
37.16 | ~~Research and development - type C broad scope~~ | | ~~4,960~~ |
37.17 | Research and development - other | | ~~2,400~~ $2,760 |
37.18 | Storage - no operations | | ~~960~~ $1,104 |
37.19 | Source material - shielding | | ~~136~~ $156 |
37.20 | Special nuclear material plutonium - neutron source in device | | ~~1,200~~ $1,380 |
37.21

37.22

Pacemaker by-product and/or special nuclear material - medical 
(institution)

~~1,200~~ $1,380

37.23

37.24

Pacemaker by-product and/or special nuclear material - 
manufacturing and distribution

~~2,320~~ $2,668

37.25 | Accelerator-produced radioactive material | | ~~4,100~~ $4,715 |
37.26 | Nonprofit educational institutions | | ~~300~~ $345 |
37.27 | ~~General license registration~~ | | ~~0~~ |
37.28 | ~~Industrial radiographer certification~~ | | ~~150~~ |

37.29 	Sec. 10. Minnesota Statutes 2020, section 144.1205, subdivision 8, is amended to read:
37.30 		Subd. 8.Reciprocity fee. A licensee submitting an application for reciprocal recognition 
37.31 	of a materials license issued by another agreement state or the United States Nuclear 
37.32 	Regulatory Commission for a period of 180 days or less during a calendar year must pay 
37.33 	~~$1,200~~ $2,400. For a period of 181 days or more, the licensee must obtain a license under 
37.34 	subdivision 4.

38.1 	Sec. 11. Minnesota Statutes 2020, section 144.1205, subdivision 9, is amended to read:
38.2 		Subd. 9.Fees for license amendments. A licensee must pay a fee of ~~$300~~ $600 to 
38.3 	amend a license as follows:
38.4 	(1) to amend a license requiring review including, but not limited to, addition of isotopes, 
38.5 	procedure changes, new authorized users, or a new radiation safety officer; and
38.6 	(2) to amend a license requiring review and a site visit including, but not limited to, 
38.7 	facility move or addition of processes.

38.8 	Sec. 12. Minnesota Statutes 2020, section 144.1205, is amended by adding a subdivision 
38.9 	to read:
38.10 		Subd. 10.Fees for general license registrations. A person required to register generally 
38.11 	licensed devices according to Minnesota Rules, part 4731.3215, must pay an annual 
38.12 	registration fee of $450.

38.13 	Sec. 13. Minnesota Statutes 2020, section 144.125, subdivision 1, is amended to read:
38.14 		Subdivision 1.Duty to perform testing. (a) It is the duty of (1) the administrative officer 
38.15 	or other person in charge of each institution caring for infants 28 days or less of age, (2) the 
38.16 	person required in pursuance of the provisions of section 144.215, to register the birth of a 
38.17 	child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have 
38.18 	administered to every infant or child in its care tests for heritable and congenital disorders 
38.19 	according to subdivision 2 and rules prescribed by the state commissioner of health.
38.20 	(b) Testing, recording of test results, reporting of test results, and follow-up of infants 
38.21 	with heritable congenital disorders, including hearing loss detected through the early hearing 
38.22 	detection and intervention program in section 144.966, shall be performed at the times and 
38.23 	in the manner prescribed by the commissioner of health.
38.24 	(c) The fee to support the newborn screening program, including tests administered 
38.25 	under this section and section 144.966, shall be ~~$135~~ $177 per specimen. This fee amount 
38.26 	shall be deposited in the state treasury and credited to the state government special revenue 
38.27 	fund.
38.28 	(d) The fee to offset the cost of the support services provided under section 144.966, 
38.29 	subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury 
38.30 	and credited to the general fund.

39.1 	Sec. 14. Minnesota Statutes 2020, section 145.901, is amended to read:
39.2 	145.901 MATERNAL MORBIDITY AND DEATH STUDIES.
39.3 		Subdivision 1.Purpose. The commissioner of health may conduct maternal morbidity 
39.4 	and death studies to assist the planning, implementation, and evaluation of medical, health, 
39.5 	and welfare service systems and to reduce the numbers of preventable adverse maternal 
39.6 	outcomes and deaths in Minnesota.
39.7 		Subd. 2.Access to data. (a) The commissioner of health has access to medical data as 
39.8 	defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined 
39.9 	in section 13.83, subdivision 1, and health records created, maintained, or stored by providers 
39.10 	as defined in section 144.291, subdivision 2, paragraph (i), without the consent of the subject 
39.11 	of the data, and without the consent of the parent, spouse, other guardian, or legal 
39.12 	representative of the subject of the data, when the subject of the data is a woman who died 
39.13 	or experienced morbidities during a pregnancy or within 12 months of a fetal death, a live 
39.14 	birth, or other termination of a pregnancy.
39.15 	The commissioner has access only to medical data and health records related to maternal 
39.16 	morbidity and deaths that occur on or after July 1, 2000, including the names of the providers; 
39.17 	clinics; or other health services, such as family home visiting, WIC, prescription drug 
39.18 	monitoring programs, and behavioral health services, where care was received before, 
39.19 	during, or relating to the pregnancy or death. The commissioner has access to records 
39.20 	maintained by the medical examiner, coroner, or hospitals or hospital discharge data for the 
39.21 	purpose of providing the name and location of any pre-pregnancy, prenatal, or other care 
39.22 	up to one year after the end of the pregnancy received by the subject of the data.
39.23 	The subject of the data or the subject's parent, spouse, other guardian, or legal 
39.24 	representative may voluntarily participate in an informant interview with staff on behalf of 
39.25 	the commissioner related to the maternal experience. If the subject of the data or the subject's 
39.26 	parent, spouse, other guardian, or legal representative agrees to an interview, the 
39.27 	commissioner may compensate the interviewee for time and other expenses related to the 
39.28 	interview.
39.29 	(b) The provider or responsible authority that creates, maintains, or stores the data shall 
39.30 	furnish the data upon the request of the commissioner. The provider or responsible authority 
39.31 	may charge a fee for providing the data, not to exceed the actual cost of retrieving and 
39.32 	duplicating the data.
39.33 	(c) The commissioner shall make a good faith reasonable effort to notify the subject of 
39.34 	the data, or the subject's parent, spouse, other guardian, or legal representative ~~of the subject~~ 
40.1 	~~of the data~~ before collecting data on the subject. For purposes of this paragraph, "reasonable 
40.2 	effort" means one notice is sent by certified mail to the last known address of the subject 
40.3 	of the data, or the subject's parent, spouse, guardian, or legal representative informing the 
40.4 	recipient of the data collection and offering a public health nurse support visit if desired.
40.5 	(d) The commissioner does not have access to coroner or medical examiner data that 
40.6 	are part of an active investigation as described in section 13.83.
40.7 	(e) The commissioner may request and receive from a coroner or medical examiner the 
40.8 	name of the health care provider that provided prenatal, postpartum, and other health services 
40.9 	to the subject of the data.
40.10 	(f) The commissioner may access Department of Human Services data to identify sources 
40.11 	of care and services to assist with the evaluation of welfare systems, including housing and 
40.12 	Healthy Start, to reduce preventable maternal deaths.
40.13 	(g) The commissioner may request and receive law enforcement reports or incident 
40.14 	reports related to the subject of the data.
40.15 		Subd. 3.Management of records. After the commissioner has collected all data about 
40.16 	a subject of a morbidity or maternal death study needed to perform the study, the data from 
40.17 	source records obtained under subdivision 2, other than data identifying the subject, must 
40.18 	be transferred to separate records to be maintained by the commissioner. Notwithstanding 
40.19 	section 138.17, after the data have been transferred, all source records obtained under 
40.20 	subdivision 2 possessed by the commissioner must be destroyed.
40.21 		Subd. 4.Classification of data. (a) Data provided to the commissioner from source 
40.22 	records under subdivision 2, including identifying information on individual providers, data 
40.23 	subjects, or their children, and data derived by the commissioner under subdivision 3 for 
40.24 	the purpose of carrying out maternal morbidity and death studies, are classified as confidential 
40.25 	data on individuals or confidential data on decedents, as defined in sections 13.02, subdivision 
40.26 	3, and 13.10, subdivision 1, paragraph (a).
40.27 	(b) Information classified under paragraph (a) shall not be subject to discovery or 
40.28 	introduction into evidence in any administrative, civil, or criminal proceeding. Such 
40.29 	information otherwise available from an original source shall not be immune from discovery 
40.30 	or barred from introduction into evidence merely because it was utilized by the commissioner 
40.31 	in carrying out maternal morbidity and death studies.
41.1 	(c) Summary data on maternal morbidity and death studies created by the commissioner, 
41.2 	which does not identify individual data subjects or individual providers, shall be public in 
41.3 	accordance with section 13.05, subdivision 7.
41.4 	(d) Data provided by the commissioner of human services to the commissioner of health 
41.5 	under this section retains the same classification the data held when retained by the 
41.6 	commissioner of human services, as required under section 13.03, subdivision 4, paragraph 
41.7 	(c).

41.8 	Sec. 15. [145.9011] FETAL AND INFANT  DEATH STUDIES.
41.9 		Subdivision 1.Purpose. The commissioner of health may conduct fetal and infant death 
41.10 	studies to assist the planning, implementation, and evaluation of medical, health, and welfare 
41.11 	service systems and to reduce the numbers of preventable fetal and infant deaths in 
41.12 	Minnesota.
41.13 		Subd. 2.Access to data. (a) The commissioner of health has access to medical data as 
41.14 	defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined 
41.15 	in section 13.83, subdivision 1, and health records created, maintained, or stored by providers 
41.16 	as defined in section 144.291, subdivision 2, paragraph (i), without the consent of the subject 
41.17 	of the data, and without the consent of the parent, other guardian, or legal representative of 
41.18 	the subject of the data, when the subject of the data is:
41.19 	(1) a live-born infant that died within the first year of life;
41.20 	(2) a fetal death which meets the criteria required for reporting as defined in section 
41.21 	144.222; or
41.22 	(3) the biological mother of a fetus or infant as described in clause (1) or (2).
41.23 	The commissioner has access only to medical data and health records related to fetal or 
41.24 	infant deaths that occur on or after July 1, 2000, including the names of the providers and 
41.25 	clinics where care was received before, during, or relating to the pregnancy or fetal death 
41.26 	or death of the infant. The commissioner has access to records maintained by the medical 
41.27 	examiner, coroner, or hospitals for the purpose of providing the name and location of any 
41.28 	pre-pregnancy, prenatal, postpartum, or pediatric care received by the subject of the data 
41.29 	and biological mother.
41.30 	(b) The provider or responsible authority that creates, maintains, or stores the data shall 
41.31 	furnish the data upon the request of the commissioner. The provider or responsible authority 
41.32 	may charge a fee for providing the data, not to exceed the actual cost of retrieving and 
41.33 	duplicating the data.
42.1 	(c) The commissioner shall make a good faith reasonable effort to notify the parent, 
42.2 	spouse, other guardian, or legal representative of the subject of the data before collecting 
42.3 	data on the subject. For purposes of this paragraph, "reasonable effort" means one notice 
42.4 	is sent by certified mail to the last-known address of the parent, guardian, or legal 
42.5 	representative informing the recipient of the data collection and offering a public health 
42.6 	nurse support visit if desired.
42.7 	(d) The commissioner does not have access to coroner or medical examiner data that 
42.8 	are part of an active investigation as described in section 13.83.
42.9 	(e) The commissioner may request and receive from the coroner or medical examiner 
42.10 	the name of the health care provider that provided prenatal, postpartum, pediatric, and other 
42.11 	health services to the subject of the data and biological mother.
42.12 	(f) The commissioner shall have access to Department of Human Services data to identify 
42.13 	sources of care and services to assist with evaluation of welfare systems to reduce preventable 
42.14 	fetal and infant deaths.
42.15 		Subd. 3.Management of records. After the commissioner has collected all data on a 
42.16 	subject of a fetal or infant death study that is needed to perform the study, the data from 
42.17 	source records obtained under subdivision 2, other than data identifying the subject, must 
42.18 	be transferred to separate records to be maintained by the commissioner. Notwithstanding 
42.19 	section 138.17, after the data have been transferred, all source records obtained under 
42.20 	subdivision 2 possessed by the commissioner must be destroyed.
42.21 		Subd. 4.Classification of data. (a) Data provided to the commissioner from source 
42.22 	records under subdivision 2, including identifying information on individual providers, data 
42.23 	subjects, or their family, and data derived by the commissioner under subdivision 3 for the 
42.24 	purpose of carrying out fetal or infant death studies, are classified as confidential data on 
42.25 	individuals or confidential data on decedents, as defined in sections 13.02, subdivision 3; 
42.26 	and 13.10, subdivision 1, paragraph (a).
42.27 	(b) Information classified under paragraph (a) shall not be subject to discovery or 
42.28 	introduction into evidence in any administrative, civil, or criminal proceeding. Such 
42.29 	information otherwise available from an original source shall not be immune from discovery 
42.30 	or barred from introduction into evidence merely because it was utilized by the commissioner 
42.31 	in carrying out fetal or infant death studies.
42.32 	(c) Summary data on fetal and infant death studies created by the commissioner, which 
42.33 	do not identify individual data subjects or individual providers, shall be public in accordance 
42.34 	with section 13.05, subdivision 7.
43.1 	(d) Data provided by the commissioner of human services to the commissioner of health 
43.2 	under this section retains the same classification the data held when retained by the 
43.3 	commissioner of human services, as required under section 13.03, subdivision 4, paragraph 
43.4 	(c).
43.5 		Subd. 5.Fetal and infant mortality reviews. The commissioner of health shall convene 
43.6 	case review committees to conduct death study reviews, make recommendations, and 
43.7 	publicly share summary information, especially for racial and ethnic groups, including 
43.8 	American Indians and African Americans, that experience significantly disparate rates of 
43.9 	fetal and infant mortality. The case review committees may include but are not limited to 
43.10 	medical examiners or coroners, health care institutions that provide care to pregnant people 
43.11 	and infants, obstetric and pediatric practitioners, Medicaid representatives, state agency 
43.12 	women and infant program representatives, and individuals from the communities with 
43.13 	disparate rates and other subject matter experts as appropriate. The case review committees 
43.14 	shall review data from source records obtained under subdivision 2, other than data 
43.15 	identifying the subject or the provider. Every three years beginning December 1, 2022, the 
43.16 	case review committees shall provide findings and recommendations to the Maternal and 
43.17 	Child Health Advisory Task Force and the commissioner from review of fetal and infant 
43.18 	deaths and provide specific recommendations designed to reduce disparities in fetal and 
43.19 	infant deaths.
43.20 		Subd. 6.Community action committees. (a) The commissioner shall convene 
43.21 	community action committees to implement the priority recommendations from the case 
43.22 	review committees.
43.23 	(b) Members of the community action committees may include but are not limited to 
43.24 	local, tribal, and state government representatives; local hospital or health care administration; 
43.25 	local public health; nonprofit organizations serving the community's mothers, infants, and 
43.26 	fathers; state maternal and child health consultants; case review committee members; 
43.27 	representatives of communities disproportionately affected by fetal and infant death; 
43.28 	Minnesotans with lived experiences; and others based on recommendations.

43.29 	Sec. 16. Minnesota Statutes 2020, section 326.71, subdivision 4, is amended to read:
43.30 		Subd. 4.Asbestos-related work. "Asbestos-related work" means the enclosure, removal, 
43.31 	or encapsulation of asbestos-containing material in a quantity that meets or exceeds 260 
43.32 	linear feet of friable asbestos-containing material on pipes, 160 square feet of friable 
43.33 	asbestos-containing material on other facility components, or, if linear feet or square feet 
43.34 	cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or 
44.1 	off all facility components in one facility. In the case of single or multifamily residences, 
44.2 	"asbestos-related work" also means the enclosure, removal, or encapsulation of greater than 
44.3 	ten but less than 260 linear feet of friable asbestos-containing material on pipes, greater 
44.4 	than six but less than 160 square feet of friable asbestos-containing material on other facility 
44.5 	components, or, if linear feet or square feet cannot be measured, greater than one cubic foot 
44.6 	but less than 35 cubic feet of friable asbestos-containing material on or off all facility 
44.7 	components in one facility. ~~This provision excludes asbestos-containing floor tiles and~~ 
44.8 	~~sheeting, roofing materials, siding, and all ceilings with asbestos-containing material in~~ 
44.9 	~~single family residences and buildings with no more than four dwelling units.~~
44.10 	Asbestos-related work includes asbestos abatement area preparation; enclosure, removal, 
44.11 	or encapsulation operations; and an air quality monitoring specified in rule to assure that 
44.12 	the abatement and adjacent areas are not contaminated with asbestos fibers during the project 
44.13 	and after completion.
44.14 	For purposes of this subdivision, the quantity of ~~asbestos containing~~ material applies 
44.15 	separately for every project.

44.16 	Sec. 17. Minnesota Statutes 2020, section 326.75, subdivision 1, is amended to read:
44.17 		Subdivision 1.Licensing fee. A person required to be licensed under section 326.72
44.18 	shall, before receipt of the license and before causing asbestos-related work to be performed, 
44.19 	pay the commissioner an annual license fee of ~~$100~~ $105.

44.20 	Sec. 18. Minnesota Statutes 2020, section 326.75, subdivision 2, is amended to read:
44.21 		Subd. 2.Certification fee. An individual required to be certified as an asbestos worker 
44.22 	or asbestos site supervisor under section 326.73, subdivision 1, shall pay the commissioner 
44.23 	a certification fee of ~~$50~~ $52.50 before the issuance of the certificate. ~~The commissioner~~ 
44.24 	~~may establish by rule fees required before the issuance of~~ An individual required to be 
44.25 	certified as an asbestos inspector, asbestos management planner, and asbestos project 
44.26 	designer ~~certificates required~~ under section 326.73, subdivisions 2, 3, and 4, shall pay the 
44.27 	commissioner a certification fee of $105 before the issuance of the certificate.

44.28 	Sec. 19. Minnesota Statutes 2020, section 326.75, subdivision 3, is amended to read:
44.29 		Subd. 3.Permit fee. Five calendar days before beginning asbestos-related work, a person 
44.30 	shall pay a project permit fee to the commissioner equal to ~~one~~ two percent of the total costs 
44.31 	of the asbestos-related work. For asbestos-related work performed in single or multifamily 
44.32 	residences, of greater than ten but less than 260 linear feet of asbestos-containing material 
45.1 	on pipes, or greater than six but less than 160 square feet of asbestos-containing material 
45.2 	on other facility components, a person shall pay a project permit fee of $35 to the 
45.3 	commissioner.