1.1Senator Abeler moved to amend
S.F. No. 4699 as follows:
1.2Page 90, after line 16, insert:
1.3 "Sec. 15.
[144.557] HOSPITAL CLOSURE REVIEW.
1.4 Subdivision 1. Hospital closure review. (a) For purposes of this section, "hospital"
1.5means an acute care institution licensed under Minnesota Statutes, sections 144.50
to 144.58.
1.6(b) Notwithstanding any law to the contrary, from the effective date of this section,
1.7unless a public interest review meeting the requirements of subdivision 2, concludes
that
1.8the intended actions in clauses (1) to (5) are not detrimental to the public's interest,
a hospital,
1.9or hospital campus is prohibited from:
1.10(1) ceasing operations;
1.11(2) curtailing operations to the extent that patients must be relocated;
1.12(3) relocating the provision of health services to another hospital or another hospital
1.13campus;
1.14(4) ceasing to offer maternity care and newborn care services, operating room services,
1.15intensive care unit services, pediatric overnight services, inpatient mental health
services,
1.16or inpatient substance use disorder treatment services; or
1.17(5) implementing an action listed in clauses (1) to (4) for which notice was provided
to
1.18the commissioner of health and the public under Minnesota Statutes, section 144.555,
before
1.19the effective date of this section.
1.20(d) Paragraph (b) does not apply:
1.21(1) if the hospital ceases operations due to insolvency of the corporation in accordance
1.22with Minnesota Statutes, chapter 317A, or if insolvency proceedings are commenced
under
1.23Minnesota Statutes, chapter 60B; or
1.24(2) if the cessation in or curtailment of operations, relocation of health services,
or
1.25cessation in offering certain health services is necessary, as determined by the commissioner
1.26of health, because of a fire, tornado, flood, storm damage, or other similar disaster.
1.27(e) Notwithstanding any law to the contrary, the commissioner of health must enforce
1.28this section using the powers and authority in Minnesota Statutes, section 144.653.
1.29 Subd. 2. Public interest review. (a) A hospital or hospital campus that intends to take
1.30an action described in subdivision 1, paragraph (b), clauses (1) to (5), must submit
an action
2.1plan to the commissioner. The action plan must include information that includes an
2.2explanation of how the intended action is not detrimental to the public's interest.
2.3(b) Action plans submitted under this section shall include detailed information necessary
2.4for the commissioner to review the action plan and reach a determination. The commissioner
2.5may request additional information from the hospital submitting an action plan under
this
2.6subdivision and from others potentially affected by the intended action that the commissioner
2.7deems necessary to review the action plan and make a determination. If the commissioner
2.8determines that additional information is required from the hospital submitting an
action
2.9plan under this subdivision, the commissioner shall notify the hospital of the additional
2.10information required no more than 15 days after the initial submission of the action
plan.
2.11(c) The commissioner shall review the action plan and, within 30 calendar days of
the
2.12date on which the commissioner receives complete information, issue a determination
on
2.13whether intended action is detrimental to the public's interest. In making a determination,
2.14the commissioner must consider issues including but not limited to:
2.15(1) whether the intended action will deny timely access to care or access to services
2.16given the number of available beds in the region. For the purposes of this clause,
"available
2.17beds" means the number of licensed acute care beds that are immediately available
for use
2.18or could be brought online within 48 hours without significant facility modifications;
2.19(2) the operational impact of the intended action on existing acute-care hospitals
in the
2.20region; and
2.21(3) how the intended action will affect the ability of existing hospitals in the region
to
2.22provide adequate and timely care, particularly for those health services that will
be relocated
2.23or no longer offered if the intended action is taken.
2.24(d) Data collected, created, or maintained pursuant to this section is nonpublic data,
as
2.25defined under section 13.02, subdivision 9.
2.26EFFECTIVE DATE.This section is effective the day following final enactment."
2.27Page 547, after line 12, insert:
2.28"
(c) Hospital Closure Review. The general
2.29fund appropriation includes administrative
2.30support for hospital closure reviews under
2.31Minnesota Statutes, section 144.557."
2.32Page 547, line 13, delete "
(c)" and insert "
(d)"
3.1Renumber the sections in sequence and correct the internal references
3.2The motion prevailed. #did not prevail. So the amendment was #not adopted.