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    (a) The following entities must submit a plan to the commissioner:
    (1) a hospital seeking to increase its number of licensed beds; or
    (2) an organization seeking to obtain a hospital license and notified by the commissioner
under section 144.553, subdivision 1, paragraph (c), that it is subject to this section.
The plan must include information that includes an explanation of how the expansion will meet
the public's interest. When submitting a plan to the commissioner, an applicant shall pay the
commissioner for the commissioner's cost of reviewing and monitoring the plan, as determined by
the commissioner and notwithstanding section 16A.1283. Money received by the commissioner
under this section is appropriated to the commissioner for the purpose of administering this
    (b) Plans submitted under this section shall include detailed information necessary for the
commissioner to review the plan and reach a finding. The commissioner may request additional
information from the hospital submitting a plan under this section and from others affected by the
plan that the commissioner deems necessary to review the plan and make a finding.
    (c) The commissioner shall review the plan and, within 90 days, but no more than six months
if extenuating circumstances apply, issue a finding on whether the plan is in the public interest. In
making the recommendation, the commissioner shall consider issues including but not limited to:
    (1) whether the new hospital or hospital beds are needed to provide timely access to care or
access to new or improved services;
    (2) the financial impact of the new hospital or hospital beds on existing acute-care hospitals
that have emergency departments in the region;
    (3) how the new hospital or hospital beds will affect the ability of existing hospitals in
the region to maintain existing staff;
    (4) the extent to which the new hospital or hospital beds will provide services to nonpaying
or low-income patients relative to the level of services provided to these groups by existing
hospitals in the region; and
    (5) the views of affected parties.
    (d) If the plan is being submitted by an existing hospital seeking authority to construct a new
hospital, the commissioner shall also consider:
    (1) the ability of the applicant to maintain the applicant's current level of community benefit
as defined in section 144.699, subdivision 5, at the existing facility; and
    (2) the impact on the workforce at the existing facility including the applicant's plan for:
    (i) transitioning current workers to the new facility;
    (ii) retraining and employment security for current workers; and
    (iii) addressing the impact of layoffs at the existing facility on affected workers.
    (e) Prior to making a recommendation, the commissioner shall conduct a public hearing in
the affected hospital service area to take testimony from interested persons.
    (f) Upon making a recommendation under paragraph (c), the commissioner shall provide a
copy of the recommendation to the chairs of the house and senate committees having jurisdiction
over health and human services policy and finance.
    (g) If an exception to the moratorium is approved under section 144.551 after a review under
this section, the commissioner shall monitor the implementation of the exception up to completion
of the construction project. Thirty days after completion of the construction project, the hospital
shall submit to the commissioner a report on how the construction has met the provisions of the
plan originally submitted under the public interest review process or a plan submitted pursuant
to section 144.551, subdivision 1, paragraph (b), clause (20).
History: 2004 c 231 s 2; 2006 c 249 s 2; 2007 c 147 art 9 s 14

Official Publication of the State of Minnesota
Revisor of Statutes