383A.91 INCORPORATION AS NONPROFIT CORPORATION.
Subdivision 1. Incorporation.
The board of directors of the public corporation may
incorporate as a nonprofit corporation under chapter 317A. Upon so incorporating, the nonprofit
corporation that results ceases to be a public corporation.
Subd. 2. Employees.
(a) Employees of either the nonprofit corporation or its subsidiary
corporations are not public employees, except as provided under paragraph (b).
(b) A person who is an employee of the public corporation or one of its subsidiary
corporations, and is a member of the Public Employees Retirement Association at the time of
the incorporation described in subdivision 1, shall continue to be included in the definition of
public employee under the Public Employees Retirement Act, chapter 353, but may terminate
membership in the Public Employees Retirement Association before July 1, 1995.
(c) For an employee who remains a member of the Public Employees Retirement
Association, the employing corporation shall pay the employer contributions required by section
, and shall deduct from the employee's salary and transmit to the association, the employee
contribution required by section
(d) The total compensation package, including wage plus benefit rates, of all employees that
are members of a construction or building trade for which there is a generally established and
recognized scale of wages inside the county, must equal the total compensation package of private
sector construction trade employees within the county as established by collective bargaining
Subd. 3. Tort liability.
Notwithstanding other law to the contrary, the public corporation and
its hospital subsidiary corporation each are a "municipality" for purposes of tort liability under
chapter 466, with regard to any claim occurring before the date of incorporation pursuant to
Subd. 4. Lease or sale of property.
(a) Any lease entered into under section
its repeal by Laws 1994, chapter 549, remains in effect according to its terms.
(b) Before July 1, 1994, any lease entered into under section
, must be amended
to provide that:
(1) at least one seat on the board of directors of St. Paul-Ramsey Medical Center or
its successor or assignee must be reserved for a member of the board of Ramsey County
commissioners to be appointed by the county board;
(2) any name change to the St. Paul-Ramsey Medical Center facility must not be
implemented without providing the Ramsey county board 60 days to comment and consult with
St. Paul-Ramsey Medical Center or its successor or assignee;
(3) except as provided in subdivision 5, St. Paul-Ramsey Medical Center or its successor or
assignee shall continue major or unique services currently provided, including but not limited
to the trauma center, burn unit, and teaching and research services for a five-year period, and
thereafter shall use its best efforts to continue those services and shall consult with the Ramsey
County Board of Commissioners before discontinuing those services;
(4) in the event of health care reform that reduces or eliminates the need for St. Paul-Ramsey
Medical Center or its successor or assignee to provide indigent care, the county shall receive
replacement consideration for that indigent care service, which may be paid in the form of rent or
capital improvements to county-owned property;
(5) St. Paul-Ramsey Medical Center or its successor or assignee shall provide Ramsey
County with a copy of its annual financial statement and management letter, and an annual report
on the value of improvements made on county-owned property; and
(6) the lease may not be assigned to a for-profit corporation or a subsidiary of a for-profit
corporation without the consent of the Ramsey County Board of Commissioners.
(c) The St. Paul-Ramsey Medical Center property owned by Ramsey County may be sold
or transferred only after a duly noticed public hearing held before the Ramsey County board,
and approval of the county board, but in no event shall the county-owned property be sold or
transferred without adequate compensation to the county.
Subd. 5. Care of the indigent.
(a) St. Paul-Ramsey Medical Center or its successor or
assignee must provide hospital and medical services for the indigent of Ramsey county. The
services must equal those made available to nonindigent patients.
(b) Notwithstanding any law to the contrary, Ramsey County may provide funds to buy
hospital and medical services for the indigent of Ramsey County from a provider selected by the
county with or without public bid.
(c) Notwithstanding any law to the contrary, any county may provide funds to buy hospital
and medical services for the indigent of that county from a provider selected by the county
with or without public bid.
History: 1994 c 549 s 2