2006 Minnesota Statutes

295.50 DEFINITIONS.
    Subdivision 1. Definitions. For purposes of sections 295.50 to 295.59, the following terms
have the meanings given.
    Subd. 1a. Blood components. "Blood components" means the parts of the blood that are
separated from blood by physical or mechanical means and are intended for transfusion. Blood
components do not include blood derivatives.
    Subd. 2. Commissioner. "Commissioner" is the commissioner of revenue.
    Subd. 2a. Delivered outside of Minnesota. "Delivered outside of Minnesota" means
property which the seller delivers to a common carrier for delivery outside Minnesota, places in
the United States mail or parcel post directed to the purchaser outside Minnesota, or delivers to
the purchaser outside Minnesota by means of the seller's own delivery vehicles, and which is not
later returned to a point within Minnesota, except in the course of interstate commerce.
    Subd. 3. Gross revenues. "Gross revenues" are total amounts received in money or
otherwise by:
(1) a hospital for patient services;
(2) a surgical center for patient services;
(3) a health care provider, other than a staff model health carrier, for patient services;
(4) a wholesale drug distributor for sale or distribution of legend drugs that are delivered in
Minnesota by the wholesale drug distributor, by common carrier, or by mail, unless the legend
drugs are delivered to another wholesale drug distributor who sells legend drugs exclusively at
wholesale. Legend drugs do not include nutritional products as defined in Minnesota Rules, part
9505.0325, and blood and blood components; and
(5) a staff model health plan company as gross premiums for enrollees, co-payments,
deductibles, coinsurance, and fees for patient services.
    Subd. 4. Health care provider. (a) "Health care provider" means:
(1) a person whose health care occupation is regulated or required to be regulated by the
state of Minnesota furnishing any or all of the following goods or services directly to a patient or
consumer: medical, surgical, optical, visual, dental, hearing, nursing services, drugs, laboratory,
diagnostic or therapeutic services;
(2) a person who provides goods and services not listed in clause (1) that qualify for
reimbursement under the medical assistance program provided under chapter 256B;
(3) a staff model health plan company;
(4) an ambulance service required to be licensed; or
(5) a person who sells or repairs hearing aids and related equipment or prescription eyewear.
(b) Health care provider does not include:
(1) hospitals; medical supplies distributors, except as specified under paragraph (a), clause
(5); nursing homes licensed under chapter 144A or licensed in any other jurisdiction; pharmacies;
surgical centers; bus and taxicab transportation, or any other providers of transportation services
other than ambulance services required to be licensed; supervised living facilities for persons
with developmental disabilities, licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
housing with services establishments required to be registered under chapter 144D; board and
lodging establishments providing only custodial services that are licensed under chapter 157 and
registered under section 157.17 to provide supportive services or health supervision services;
adult foster homes as defined in Minnesota Rules, part 9555.5105; day training and habilitation
services for adults with developmental disabilities as defined in section 252.41, subdivision 3;
boarding care homes, as defined in Minnesota Rules, part 4655.0100; and adult day care centers
as defined in Minnesota Rules, part 9555.9600;
(2) home health agencies as defined in Minnesota Rules, part 9505.0175, subpart 15; a person
providing personal care services and supervision of personal care services as defined in Minnesota
Rules, part 9505.0335; a person providing private duty nursing services as defined in Minnesota
Rules, part 9505.0360; and home care providers required to be licensed under chapter 144A;
(3) a person who employs health care providers solely for the purpose of providing patient
services to its employees; and
(4) an educational institution that employs health care providers solely for the purpose
of providing patient services to its students if the institution does not receive fee for service
payments or payments for extended coverage.
    Subd. 5.[Repealed, 1993 c 345 art 13 s 24]
    Subd. 6. Home health care services. "Home health care services" are services:
(1) defined under the state medical assistance program as home health agency services
provided by a home health agency, personal care services and supervision of personal care
services, private duty nursing services, and waivered services or services by home care providers
required to be licensed under chapter 144A; and
(2) provided at a recipient's residence, if the recipient does not live in a hospital, nursing
facility, as defined in section 62A.46, subdivision 3, or intermediate care facility for persons with
developmental disabilities as defined in section 256B.055, subdivision 12, paragraph (d).
    Subd. 6a. Hospice care services. "Hospice care services" are services:
(1) as defined in Minnesota Rules, part 9505.0297; and
(2) provided at a recipient's residence, if the recipient does not live in a hospital, nursing
facility as defined in section 62A.46, subdivision 3, or intermediate care facility for persons with
developmental disabilities as defined in section 256B.055, subdivision 12, paragraph (d).
    Subd. 7. Hospital. "Hospital" means a hospital licensed under chapter 144, or a hospital
licensed by any other jurisdiction.
    Subd. 8.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 9.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 9a.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 9b. Patient services. (a) "Patient services" means inpatient and outpatient services and
other goods and services provided by hospitals, surgical centers, or health care providers. They
include the following health care goods and services provided to a patient or consumer:
(1) bed and board;
(2) nursing services and other related services;
(3) use of hospitals, surgical centers, or health care provider facilities;
(4) medical social services;
(5) drugs, biologicals, supplies, appliances, and equipment;
(6) other diagnostic or therapeutic items or services;
(7) medical or surgical services;
(8) items and services furnished to ambulatory patients not requiring emergency care; and
(9) emergency services.
(b) "Patient services" does not include:
(1) services provided to nursing homes licensed under chapter 144A;
(2) examinations for purposes of utilization reviews, insurance claims or eligibility, litigation,
and employment, including reviews of medical records for those purposes;
(3) services provided to and by community residential mental health facilities licensed under
Minnesota Rules, parts 9520.0500 to 9520.0690, and to and by residential treatment programs for
children with severe emotional disturbance licensed or certified under chapter 245A;
(4) services provided to and by community support programs and family community support
programs approved under Minnesota Rules, parts 9535.1700 to 9535.1760, or certified as mental
health rehabilitative services under chapter 256B;
(5) services provided to and by community mental health centers as defined in section
245.62, subdivision 2;
(6) services provided to and by assisted living programs and congregate housing programs;
(7) hospice care services;
(8) home and community-based waivered services under sections 256B.0915, 256B.49,
256B.491, and 256B.501;
(9) targeted case management services under sections 256B.0621; 256B.0625, subdivisions
20, 20a, 33, and 44 ; and 256B.094; and
(10) services provided to the following: supervised living facilities for persons with
developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
housing with services establishments required to be registered under chapter 144D; board and
lodging establishments providing only custodial services that are licensed under chapter 157 and
registered under section 157.17 to provide supportive services or health supervision services;
adult foster homes as defined in Minnesota Rules, part 9555.5105; day training and habilitation
services for adults with developmental disabilities as defined in section 252.41, subdivision 3;
boarding care homes as defined in Minnesota Rules, part 4655.0100; adult day care services as
defined in section 245A.02, subdivision 2a; and home health agencies as defined in Minnesota
Rules, part 9505.0175, subpart 15, or licensed under chapter 144A.
    Subd. 9c. Person. "Person" means an individual, partnership, limited liability company,
corporation, association, governmental unit or agency, or public or private organization of any
kind.
    Subd. 10.[Repealed, 1993 c 345 art 13 s 24]
    Subd. 10a. Pharmacy. "Pharmacy" means a pharmacy required to be licensed under chapter
151, or a pharmacy required to be licensed by any other jurisdiction.
    Subd. 10b. Regional treatment center. "Regional treatment center" means a regional center
as defined in section 253B.02, subdivision 18, and named in sections 253.015, subdivision
1 , and 254.05.
    Subd. 11.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 12.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 12a.[Repealed, 1996 c 471 art 6 s 13]
    Subd. 12b. Staff model health plan company. "Staff model health plan company" means a
health plan company as defined in section 62Q.01, subdivision 4, which employs one or more
types of health care provider to deliver health care services to the health plan company's enrollees.
    Subd. 13. Surgical center. "Surgical center" is an outpatient surgical center as defined in
Minnesota Rules, chapter 4675, or a similar facility located in any other jurisdiction.
    Subd. 14. Wholesale drug distributor. "Wholesale drug distributor" means a wholesale
drug distributor required to be licensed under sections 151.42 to 151.51.
    Subd. 15. Legend drug. "Legend drug" means a drug that is required by federal law to bear
one of the following statements: "Caution: Federal law prohibits dispensing without prescription"
or "Rx only".
History: 1992 c 549 art 9 s 5; 1993 c 345 art 13 s 3-10; 1Sp1993 c 6 s 19-23; 1994 c 625 art
8 s 64,65; art 13 s 6-9; 1995 c 234 art 9 s 4-6; 1995 c 264 art 18 s 1,2; 1996 c 305 art 1 s 65;
1996 c 471 art 6 s 1-3; 1997 c 31 art 4 s 1-5; 1997 c 84 art 4 s 1,2; 1997 c 225 art 3 s 4-9,23;
1997 c 251 s 28; 1999 c 243 art 8 s 1; 2000 c 490 art 9 s 2; 1Sp2001 c 5 art 14 s 2-4; 2003 c
127 art 7 s 2; 2004 c 288 art 6 s 25; 2005 c 56 s 1; 1Sp2005 c 3 art 6 s 5,6; 2006 c 212 art 3
s 27; 2006 c 259 art 7 s 3