Subd. 7.

Expiration of report mandates.

(a) If the submission of a report by the
commissioner of health to the legislature is mandated by statute and the enabling legislation
does not include a date for the submission of a final report, the mandate to submit the report
shall expire in accordance with this section.

(b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2021, the mandate shall expire on January 1, 2023. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2021, the mandate shall expire on January 1, 2024.

(c) Any reporting mandate enacted on or after January 1, 2021, shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report, unless the enacting legislation provides for a different
expiration date.

(d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committees with jurisdiction over health by February 15 of each year,
beginning February 15, 2022, of all reports set to expire during the following calendar year
in accordance with this section.new text begin The mandate to submit a report to the legislature under this
paragraph does not expire.
new text end

Subd. 8.

Root cause analysis; corrective action plan.

new text begin (a) new text end Following the occurrence of
an adverse health care event, the facility must conduct a root cause analysis of the event.
In conducting the root cause analysis, the facility must consider as one of the factors staffing
levels and the impact of staffing levels on the event. Following the analysis, the facility
mustdeleted text begin :deleted text end (1) implement a corrective action plan to implement the findings of the analysis or
(2) report to the commissioner any reasons for not taking corrective action. If the root cause
analysis and the implementation of a corrective action plan are complete at the time an event
must be reported, the findings of the analysis and the corrective action plan must be included
in the report of the event. The findings of the root cause analysis and a copy of the corrective
action plan must otherwise be filed with the commissioner within 60 days of the event.

new text begin (b) During the root cause analysis, the facility must notify any individual whose conduct
may be under review no less than three days in advance of any meeting or interview with
the individual about the adverse event. The notice shall inform the individual of the subject,
purpose, date, and time of the meeting or interview.
new text end

Subd. 2.

Duty to analyze reports; communicate findings.

new text begin (a) new text end The commissioner shall:

(1) analyze adverse event reports, corrective action plans, and findings of the root cause
analyses to determine patterns of systemic failure in the health care system and successful
methods to correct these failures;

(2) communicate to individual facilities the commissioner's conclusions, if any, regarding
an adverse event reported by the facility;

(3) communicate with relevant health care facilities any recommendations for corrective
action resulting from the commissioner's analysis of submissions from facilities; and

(4) publish an annual report:

(i) describing, by institution, adverse events reported;

(ii) outlining, in aggregate, corrective action plans and the findings of root cause analyses;
and

(iii) making recommendations for modifications of state health care operations.

new text begin (b) Notwithstanding section 144.05, subdivision 7, the mandate to publish an annual
report under this subdivision does not expire.
new text end

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this sectionnew text begin and section 181.2751new text end , the
following terms have the meanings given themdeleted text begin :deleted text end new text begin .
new text end

new text begin (b) "Assignment" means the designation of nursing tasks or activities to be performed
by another nurse or unlicensed assistive person.
new text end

deleted text begin (1)deleted text end new text begin (c)new text end "Emergency" means a period when replacement staff are not able to report for
duty for the next shift or increased patient need, because of unusual, unpredictable, or
unforeseen circumstances such as, but not limited to, an act of terrorism, a disease outbreak,
adverse weather conditions, or natural disasters which impact continuity of patient caredeleted text begin ;deleted text end new text begin .
new text end

new text begin (d) "Emergency medical condition" means a condition manifesting itself by acute
symptoms of sufficient severity, including severe pain, such that the absence of immediate
medical attention could reasonably be expected to result in placing the individual's health
in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of bodily
organs.
new text end

new text begin (e) "Health care facility" or " facility" means a hospital, or other entity licensed under
sections 144.50 to 144.58, or other health care facility licensed by the commissioner of
health.
new text end

deleted text begin (2)deleted text end new text begin (f)new text end "Normal work period" means 12 or fewer consecutive hours consistent with a
predetermined work shiftdeleted text begin ;deleted text end new text begin .
new text end

deleted text begin (3)deleted text end new text begin (g)new text end "Nurse" has the meaning given in section 148.171, subdivision 9, and includes
nurses employed by the state of Minnesotadeleted text begin ; anddeleted text end new text begin .
new text end

new text begin (h) "Patient" means a patient of a health care facility.
new text end

new text begin (i) "Patient care staff" means a person in a nonsupervisory and nonmanagerial position
who provides direct care; provides supportive, rehabilitative, or therapeutic services to
patients; or who directly provides nursing care to patients more than 60 percent of the time,
but is not:
new text end

new text begin (1) a licensed physician;
new text end

new text begin (2) a physician assistant licensed under chapter 147A; or
new text end

new text begin (3) an advanced practice registered nurse licensed under chapter 148, unless working
as a registered nurse.
new text end

deleted text begin (4)deleted text end new text begin (j)new text end "Taking action against" means discharging; disciplining; penalizing; interfering
with; threatening; restraining; coercing; reporting to the Board of Nursing; or otherwise
retaliating or discriminating a