A bill for an act
relating to health; modifying requirements governing notice and public hearings
for hospital closures, curtailment of operations, relocation of services, and cessation
in offering certain services; providing for penalties; establishing a right of first
refusal before the sale of a hospital or hospital campus; amending Minnesota
Statutes 2022, section 144.555, subdivisions 1a, 1b, 2, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 144.555, subdivision 1a, is amended to read:
(a) The controlling persons of a hospital licensed under
sections 144.50 to 144.56 or a hospital campus must notify the commissioner of health deleted text begin anddeleted text end new text begin ,new text end
the publicnew text begin , and othersnew text end at least deleted text begin 120deleted text end new text begin 300new text end days before the hospital or hospital campus voluntarily
plans to implement one of the following scheduled actions:
(1) cease operations;
(2) curtail operations to the extent that patients must be relocated;
(3) relocate the provision of health services to another hospital or another hospital
campus; or
(4) cease offering maternity care and newborn care services, intensive care unit services,
inpatient mental health services, or inpatient substance use disorder treatment services.
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(b) A notice required under this subdivision must comply with the requirements in
subdivision 1d.
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deleted text begin (b)deleted text end new text begin (c)new text end The commissioner shall cooperate with the controlling persons and advise them
about relocating the patients.
Minnesota Statutes 2022, section 144.555, subdivision 1b, is amended to read:
Within deleted text begin 45deleted text end new text begin 30new text end days after receiving notice under subdivision
1a, the commissioner shall conduct a public hearing on the scheduled cessation of operations,
curtailment of operations, relocation of health services, or cessation in offering health
services. The commissioner must provide adequate public notice of the hearing in a time
and manner determined by the commissioner. The controlling persons of the hospital or
hospital campus must participate in the public hearing. The public hearing new text begin must be held at
a location that is within ten miles of the hospital or hospital campus and that is provided or
arranged by the hospital or hospital campus. Video conferencing technology must be used
to allow members of the public to view and participate in the hearing. The public hearing
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(1) an explanation by the controlling persons of the reasons for ceasing or curtailing
operations, relocating health services, or ceasing to offer any of the listed health services;
(2) a description of the actions that controlling persons will take to ensure that residents
in the hospital's or campus's service area have continued access to the health services being
eliminated, curtailed, or relocated;
(3) an opportunity for public testimony on the scheduled cessation or curtailment of
operations, relocation of health services, or cessation in offering any of the listed health
services, and on the hospital's or campus's plan to ensure continued access to those health
services being eliminated, curtailed, or relocated; and
(4) an opportunity for the controlling persons to respond to questions from interested
persons.
Minnesota Statutes 2022, section 144.555, is amended by adding a subdivision to
read:
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(a) A notice required under
subdivision 1a must be provided to patients, hospital personnel, the public, local officials,
and the commissioner of health using at least the following methods:
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(1) posting a notice of the proposed cessation of operations, curtailment, relocation of
health services, or cessation in offering health services at the main public entrance of the
hospital or hospital campus;
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(2) providing written notice to the commissioner of health and to the county board in
the county where the hospital or hospital campus is located;
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(3) providing written notice to the local health department as defined in section 145A.02,
subdivision 8b, for the community where the hospital or hospital campus is located;
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(4) providing notice to the public through a written public announcement which must
be distributed to local and statewide media outlets;
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(5) providing written notice to existing patients of the hospital or hospital campus; and
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(6) notifying all personnel currently employed in the unit, hospital, or hospital campus
impacted by the proposed cessation, curtailment, or relocation.
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(b) A notice required under subdivision 1a must include:
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(1) a description of the proposed cessation of operations, curtailment, relocation of health
services, or cessation in offering health services. The description must include:
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(i) the number of beds, if any, that will be eliminated, repurposed, reassigned, or otherwise
reconfigured to serve populations or patients other than those currently served;
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(ii) the current number of beds in the impacted unit, hospital, or hospital campus, and
the number of beds in the impacted unit, hospital, or hospital campus after the proposed
cessation, curtailment, or relocation takes place;
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(iii) the number of existing patients who will be impacted by the proposed cessation,
curtailment, or relocation;
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(iv) any decrease in personnel, or relocation of personnel to a different unit, hospital, or
hospital campus, caused by the proposed cessation, curtailment, or relocation;
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(v) a description of the health services provided by the unit, hospital, or hospital campus
impacted by the proposed cessation, curtailment, or relocation; and
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(vi) identification of the three nearest available health care facilities where patients may
obtain the health services provided by the unit, hospital, or hospital campus impacted by
the proposed cessation, curtailment, or relocation, and any potential barriers to seamlessly
transition patients to receive services at one of these facilities. If the unit, hospital, or hospital
campus impacted by the proposed cessation, curtailment, or relocation serves medical
assistance or Medicare enrollees, the information required under this item must specify
whether any of the three nearest available facilities serves medical assistance or Medicare
enrollees; and
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(2) a telephone number and address for each of the following, to which interested parties
may offer comments on the proposed cessation, curtailment, or relocation:
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(i) the hospital or hospital campus;
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(ii) the parent entity, if any, or the entity under contract, if any, that acts as the corporate
administrator of the hospital or hospital campus; and
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(iii) the chief executive officer of the hospital or hospital campus.
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Minnesota Statutes 2022, section 144.555, subdivision 2, is amended to read:
Failure to notify the commissioner
under subdivision 1deleted text begin , 1a, or 1c or failure to participate