Bill Text: MN HF164 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Radiation therapy facility construction provisions changed.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-04-18 - Secretary of State Chapter 11 04/15/13 [HF164 Detail]
Download: Minnesota-2013-HF164-Engrossed.html
1.2relating to health; changing provisions for radiation therapy facility construction;
1.3amending Minnesota Statutes 2012, section 144.5509.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 144.5509, is amended to read:
1.6144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.7 (a) A radiation therapy facility may be constructed only by an entity owned,
1.8operated, or controlled by a hospital licensed according to sections144.50 to
144.56 either
1.9alone or in cooperation with another entity.
1.10 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.11of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.12Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.13Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.14reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.15is within one mile of the existing facility. This paragraph does not apply to a radiation
1.16therapy facility that is being built attached to a community hospital in Wright County and
1.17meets the following conditions prior to August 1, 2007: the capital expenditure report
1.18required under Minnesota Statutes, section62J.17 , has been filed with the commissioner
1.19of health; a timely construction schedule is developed, stipulating dates for beginning,
1.20achieving various stages, and completing construction; and all zoning and building permits
1.21applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.22necessary to relocate a radiation therapy machine from a community hospital-owned
1.23radiation therapy facility located in the city of Maplewood to a community hospital
2.1campus in the city of Woodbury within the same health system. This paragraph expires
2.2August 1, 2014 December 31, 2020.
2.3(c) Notwithstanding paragraph (a), afterAugust 1, 2014 December 31, 2020, the
2.4construction of a radiation therapy facility located in any of the following counties:
2.5Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne,
2.6Benton, Stearns, Chisago, Isanti, and Wright, may occur only if the following requirements
2.7are met:
2.8(1) the entity constructing the radiation therapy facility is controlled by or is under
2.9common control with a hospital licensed under sections144.50 to
144.56 ; and
2.10(2) the new radiation therapy facility is locatedat least seven miles outside of a
2.1115-mile radius froman any existing radiation therapy facility.
2.12(d) Any referring physician located within a county identified in paragraph (c) must
2.13provide each patient who is in need of radiation therapy services with a list of all radiation
2.14therapy facilities located within the counties identified in paragraph (c). Physicians
2.15with a financial interest in any radiation therapy facility must disclose to the patient the
2.16existence of the interest.
2.17(e) For purposes of this section, "controlled by" or "under common control with"
2.18means the possession, direct or indirect, of the power to direct or cause the direction of the
2.19policies, operations, or activities of an entity, through the ownership of, or right to vote or to
2.20direct the disposition of shares, membership interests, or ownership interests of the entity.
2.21(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.22means a direct or indirect ownership or investment interest in a radiation therapy facility
2.23or a compensation arrangement with a radiation therapy facility.
2.24(g) This section does not apply to the relocation or reconstruction of an existing
2.25radiation therapy facility if:
2.26(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.27(2) the relocation or reconstruction is located within one mile of the existing facility;
2.28and
2.29(3) the period in which the existing facility is closed and the relocated or
2.30reconstructed facility begins providing services does not exceed 12 months.
1.3amending Minnesota Statutes 2012, section 144.5509.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 144.5509, is amended to read:
1.6144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.7 (a) A radiation therapy facility may be constructed only by an entity owned,
1.8operated, or controlled by a hospital licensed according to sections
1.9alone or in cooperation with another entity.
1.10 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.11of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.12Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.13Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.14reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.15is within one mile of the existing facility. This paragraph does not apply to a radiation
1.16therapy facility that is being built attached to a community hospital in Wright County and
1.17meets the following conditions prior to August 1, 2007: the capital expenditure report
1.18required under Minnesota Statutes, section
1.19of health; a timely construction schedule is developed, stipulating dates for beginning,
1.20achieving various stages, and completing construction; and all zoning and building permits
1.21applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.22necessary to relocate a radiation therapy machine from a community hospital-owned
1.23radiation therapy facility located in the city of Maplewood to a community hospital
2.1campus in the city of Woodbury within the same health system. This paragraph expires
2.2
2.3(c) Notwithstanding paragraph (a), after
2.4construction of a radiation therapy facility located in any of the following counties:
2.5Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne,
2.6Benton, Stearns, Chisago, Isanti, and Wright, may occur only if the following requirements
2.7are met:
2.8(1) the entity constructing the radiation therapy facility is controlled by or is under
2.9common control with a hospital licensed under sections
2.10(2) the new radiation therapy facility is located
2.1115-mile radius from
2.12(d) Any referring physician located within a county identified in paragraph (c) must
2.13provide each patient who is in need of radiation therapy services with a list of all radiation
2.14therapy facilities located within the counties identified in paragraph (c). Physicians
2.15with a financial interest in any radiation therapy facility must disclose to the patient the
2.16existence of the interest.
2.17(e) For purposes of this section, "controlled by" or "under common control with"
2.18means the possession, direct or indirect, of the power to direct or cause the direction of the
2.19policies, operations, or activities of an entity, through the ownership of, or right to vote or to
2.20direct the disposition of shares, membership interests, or ownership interests of the entity.
2.21(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.22means a direct or indirect ownership or investment interest in a radiation therapy facility
2.23or a compensation arrangement with a radiation therapy facility.
2.24(g) This section does not apply to the relocation or reconstruction of an existing
2.25radiation therapy facility if:
2.26(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.27(2) the relocation or reconstruction is located within one mile of the existing facility;
2.28and
2.29(3) the period in which the existing facility is closed and the relocated or
2.30reconstructed facility begins providing services does not exceed 12 months.
