Bill Text: MN HF383 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: New radiation therapy facility construction criteria established, and radiation therapy facility capacity study required.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-03 - Author added Dettmer [HF383 Detail]
Download: Minnesota-2011-HF383-Engrossed.html
1.2relating to health; establishing criteria that must be met before a new radiation
1.3therapy facility can be constructed; requiring a study of radiation therapy
1.4facilities capacities;amending Minnesota Statutes 2010, section 144.5509.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.7144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.8 (a) A radiation therapy facility may be constructed only by an entity owned,
1.9operated, or controlled by a hospital licensed according to sections144.50 to
144.56 either
1.10alone or in cooperation with another entity. This paragraph expires August 1, 2014.
1.11 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.12of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.13Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.14Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.15reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.16is within one mile of the existing facility. This paragraph does not apply to a radiation
1.17therapy facility that is being built attached to a community hospital in Wright County and
1.18meets the following conditions prior to August 1, 2007: the capital expenditure report
1.19required under Minnesota Statutes, section62J.17 , has been filed with the commissioner
1.20of health; a timely construction schedule is developed, stipulating dates for beginning,
1.21achieving various stages, and completing construction; and all zoning and building permits
1.22applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.23necessary to relocate a radiation therapy machine from a community hospital-owned
1.24radiation 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.
2.3(c) After August 1, 2014, a radiation therapy facility may be constructed only if the
2.4following requirements are met:
2.5(1) the entity constructing the radiation therapy facility is controlled by or is under
2.6common control with a hospital licensed under sections 144.50 to 144.56; and
2.7(2) the new radiation therapy facility is located at least seven miles from an existing
2.8radiation therapy facility.
2.9(d) Any referring physician must provide each patient who is in need of radiation
2.10therapy services with a list of all radiation therapy facilities located within the following
2.11counties: Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis,
2.12Sherburne, Benton, Stearns, Chisago, Isanti, and Wright. Physicians with a financial
2.13interest in any radiation therapy facility must disclose to the patient the existence of the
2.14interest.
2.15(e) For purposes of this section, "controlled by" or "under common control with"
2.16means the possession, direct or indirect, of the power to direct or cause the direction of the
2.17policies, operations, or activities of an entity, through the ownership of, or right to vote
2.18or to direct the disposition of shares, membership interests, or ownership interests of
2.19the entity.
2.20(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.21means a direct or indirect ownership or investment interest in a radiation therapy facility
2.22or a compensation arrangement with a radiation therapy facility.
2.23(g) This section does not apply to the relocation or reconstruction of an existing
2.24radiation therapy facility if:
2.25(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.26(2) the relocation or reconstruction is located within one mile of the existing facility;
2.27and
2.28(3) the period in which the existing facility is closed and the relocated or
2.29reconstructed facility begins providing services does not exceed 12 months.
2.30 Sec. 2. STUDY OF RADIATION THERAPY FACILITIES CAPACITY.
2.31(a) To the extent of available appropriations, the commissioner of health shall
2.32conduct a study of the following: (1) current treatment capacity of the existing radiation
2.33therapy facilities within the state; (2) the present need for radiation therapy services based
2.34on population demographics and new cancer cases; and (3) the projected need in the next
3.1ten years for radiation therapy services and whether the current facilities can sustain
3.2this projected need.
3.3(b) The commissioner may contract with a qualified entity to conduct the study. The
3.4study shall be completed by March 15, 2013, and the results shall be submitted to the
3.5chairs and ranking minority members of the health and human services committees of
3.6the legislature.
1.3therapy facility can be constructed; requiring a study of radiation therapy
1.4facilities capacities;amending Minnesota Statutes 2010, section 144.5509.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.7144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.8 (a) A radiation therapy facility may be constructed only by an entity owned,
1.9operated, or controlled by a hospital licensed according to sections
1.10alone or in cooperation with another entity. This paragraph expires August 1, 2014.
1.11 (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.12of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.13Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.14Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.15reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.16is within one mile of the existing facility. This paragraph does not apply to a radiation
1.17therapy facility that is being built attached to a community hospital in Wright County and
1.18meets the following conditions prior to August 1, 2007: the capital expenditure report
1.19required under Minnesota Statutes, section
1.20of health; a timely construction schedule is developed, stipulating dates for beginning,
1.21achieving various stages, and completing construction; and all zoning and building permits
1.22applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.23necessary to relocate a radiation therapy machine from a community hospital-owned
1.24radiation 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.
2.3(c) After August 1, 2014, a radiation therapy facility may be constructed only if the
2.4following requirements are met:
2.5(1) the entity constructing the radiation therapy facility is controlled by or is under
2.6common control with a hospital licensed under sections 144.50 to 144.56; and
2.7(2) the new radiation therapy facility is located at least seven miles from an existing
2.8radiation therapy facility.
2.9(d) Any referring physician must provide each patient who is in need of radiation
2.10therapy services with a list of all radiation therapy facilities located within the following
2.11counties: Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis,
2.12Sherburne, Benton, Stearns, Chisago, Isanti, and Wright. Physicians with a financial
2.13interest in any radiation therapy facility must disclose to the patient the existence of the
2.14interest.
2.15(e) For purposes of this section, "controlled by" or "under common control with"
2.16means the possession, direct or indirect, of the power to direct or cause the direction of the
2.17policies, operations, or activities of an entity, through the ownership of, or right to vote
2.18or to direct the disposition of shares, membership interests, or ownership interests of
2.19the entity.
2.20(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.21means a direct or indirect ownership or investment interest in a radiation therapy facility
2.22or a compensation arrangement with a radiation therapy facility.
2.23(g) This section does not apply to the relocation or reconstruction of an existing
2.24radiation therapy facility if:
2.25(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.26(2) the relocation or reconstruction is located within one mile of the existing facility;
2.27and
2.28(3) the period in which the existing facility is closed and the relocated or
2.29reconstructed facility begins providing services does not exceed 12 months.
2.30 Sec. 2. STUDY OF RADIATION THERAPY FACILITIES CAPACITY.
2.31(a) To the extent of available appropriations, the commissioner of health shall
2.32conduct a study of the following: (1) current treatment capacity of the existing radiation
2.33therapy facilities within the state; (2) the present need for radiation therapy services based
2.34on population demographics and new cancer cases; and (3) the projected need in the next
3.1ten years for radiation therapy services and whether the current facilities can sustain
3.2this projected need.
3.3(b) The commissioner may contract with a qualified entity to conduct the study. The
3.4study shall be completed by March 15, 2013, and the results shall be submitted to the
3.5chairs and ranking minority members of the health and human services committees of
3.6the legislature.
