1.1 A bill for an act 1.2 relating to health; modifying a provision governing fees assessed by the 1.3 commissioner of health; amending Minnesota Statutes 2024, section 144.122. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. Minnesota Statutes 2024, section 144.122, is amended to read: 1.6 144.122 LICENSE, PERMIT, AND SURVEY FEES. 1.7 (a) The state commissioner of health, by rule, may prescribe procedures and fees for 1.8filing with the commissioner as prescribed by statute and for the issuance of original and 1.9renewal permits, licenses, registrations, and certifications issued under authority of the 1.10commissioner. The expiration dates of the various licenses, permits, registrations, and 1.11certifications as prescribed by the rules shall be plainly marked thereon. Fees may include 1.12application and examination fees and a penalty fee for renewal applications submitted after 1.13the expiration date of the previously issued permit, license, registration, and certification. 1.14The commissioner may also prescribe, by rule, reduced fees for permits, licenses, 1.15registrations, and certifications when the application therefor is submitted during the last 1.16three months of the permit, license, registration, or certification period. Fees proposed to 1.17be prescribed in the rules shall be first approved by the Department of Management and 1.18Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 1.19in an amount so that the total fees collected by the commissioner will, where practical, 1.20approximate the cost to the commissioner in administering the program. All fees collected 1.21shall be deposited in the state treasury and credited to the state government special revenue 1.22fund unless otherwise specifically appropriated by law for specific purposes. 1Section 1. 25-04877 as introduced03/12/25 REVISOR SGS/AD SENATE STATE OF MINNESOTA S.F. No. 2988NINETY-FOURTH SESSION (SENATE AUTHORS: WIKLUND) OFFICIAL STATUSD-PGDATE Introduction and first reading03/27/2025 Referred to Health and Human Services 2.1 (b) The commissioner may charge a fee for voluntary certification of medical laboratories 2.2and environmental laboratories, and for environmental and medical laboratory services 2.3provided by the department, without complying with paragraph (a) or chapter 14. Fees 2.4charged for environment and medical laboratory services provided by the department must 2.5be approximately equal to the costs of providing the services. 2.6 (c) The commissioner may develop a schedule of fees for diagnostic evaluations 2.7conducted at clinics held by the services for children with disabilities program. All receipts 2.8generated by the program are annually appropriated to the commissioner for use in the 2.9maternal and child health program. 2.10 (d) The commissioner shall set license fees for hospitals and nursing homes that are not 2.11boarding care homes at the following levels: $7,655 plus $16 per bed2.12Joint Commission on Accreditation of 2.13Healthcare Organizations (JCAHO) and 2.14American Osteopathic Association (AOA) 2.15hospitals $5,280 plus $250 per bed2.16Non-JCAHO and non-AOA hospitals $183 plus $91 per bed until June 30, 2018. 2.18 $183 plus $100 per bed between July 1, 2018, 2.17Nursing home 2.19 and June 30, 2020. $183 plus $105 per bed 2.20 beginning July 1, 2020. 2.21 The commissioner shall set license fees for outpatient surgical centers, boarding care 2.22homes, supervised living facilities, assisted living facilities, and assisted living facilities 2.23with dementia care at the following levels: $3,7122.24Outpatient surgical centers $183 plus $91 per bed2.25Boarding care homes $183 plus $91 per bed.2.26Supervised living facilities $3,000 plus $100 per resident.2.27Assisted living facilities with dementia care $2,000 plus $75 per resident.2.28Assisted living facilities 2.29Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if 2.30received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017, 2.31or later. 2.32 (e) Unless prohibited by federal law, the commissioner of health shall charge applicants 2.33the following fees to cover the cost of any initial certification surveys required to determine 2.34a provider's eligibility to participate in the Medicare or Medicaid program: 900$2.35Prospective payment surveys for hospitals 1,200$2.36Swing bed surveys for nursing homes 2Section 1. 25-04877 as introduced03/12/25 REVISOR SGS/AD 1,400$3.1Psychiatric hospitals 1,100$3.2Rural health facilities 500$3.3Portable x-ray providers 1,800$3.4Home health agencies 800$3.5Outpatient therapy agencies 2,100$3.6End stage renal dialysis providers 800$3.7Independent therapists 1,200$3.8Comprehensive rehabilitation outpatient facilities 1,700$3.9Hospice providers 1,800$3.10Ambulatory surgical providers 4,200$3.11Hospitals Actual surveyor costs: average surveyor cost x number of hours for the survey process. 3.12Other provider categories or additional 3.13resurveys required to complete initial 3.14certification 3.15 These fees shall be submitted at the time of the application for federal certification and 3.16shall not be refunded. All fees collected after the date that the imposition of fees is not 3.17prohibited by federal law shall be deposited in the state treasury and credited to the state 3.18government special revenue fund. 3.19 (f) Notwithstanding section 16A.1283, the commissioner may adjust the fees assessed 3.20on assisted living facilities and assisted living facilities with dementia care under paragraph 3.21(d), in a revenue-neutral manner in accordance with the requirements of this paragraph: 3.22 (1) a facility seeking to renew a license shall pay a renewal fee in an amount that is up 3.23to ten percent lower than the applicable fee in paragraph (d) if residents who receive home 3.24and community-based waiver services under chapter 256S and section 256B.49 comprise 3.25more than 50 percent of the facility's capacity in the calendar year prior to the year in which 3.26the renewal application is submitted; and 3.27 (2) a facility seeking to renew a license shall pay a renewal fee in an amount that is up 3.28to ten percent higher than the applicable fee in paragraph (d) if residents who receive home 3.29and community-based waiver services under chapter 256S and section 256B.49 comprise 3.30less than 50 percent of the facility's capacity during the calendar year prior to the year in 3.31which the renewal application is submitted. 3.32The commissioner may annually adjust the percentages in clauses (1) and (2), to ensure this 3.33paragraph is implemented in a revenue-neutral manner. The commissioner shall develop a 3.34method for determining capacity thresholds in this paragraph in consultation with the 3.35commissioner of human services and must coordinate the administration of this paragraph 3.36with the commissioner of human services for purposes of verification. 3Section 1. 25-04877 as introduced03/12/25 REVISOR SGS/AD 4.1 (g) The commissioner shall charge hospitals an annual licensing base fee of $1,826 per 4.2hospital, plus an additional $23 per licensed bed or bassinet fee. Revenue shall be deposited 4.3to the state government special revenue fund and credited toward trauma hospital designations 4.4under sections 144.605 and 144.6071. 4Section 1. 25-04877 as introduced03/12/25 REVISOR SGS/AD