1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to commerce; prohibiting private equity companies and real estate |
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3 | 3 | | 1.3 investment trusts from acquiring or increasing control over providers of health |
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4 | 4 | | 1.4 care services; proposing coding for new law in Minnesota Statutes, chapter 62J. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. [62J.97] PRIVATE EQUITY COMPANIES AND REAL ESTATE |
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7 | 7 | | 1.7INVESTMENT TRUSTS. |
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8 | 8 | | 1.8 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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9 | 9 | | 1.9the meanings given. |
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10 | 10 | | 1.10 (b) "Indirect ownership interest" means an ownership interest in (1) an entity that has |
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11 | 11 | | 1.11an ownership interest in a provider, or (2) an indirect owner of a provider. The amount of |
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12 | 12 | | 1.12indirect ownership interest is determined by multiplying the percentages of ownership in |
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13 | 13 | | 1.13each entity. |
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14 | 14 | | 1.14 (c) "Operational control" means the ability to: |
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15 | 15 | | 1.15 (1) influence or direct the actions or policies of any part of a provider; or |
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16 | 16 | | 1.16 (2) choose, appoint, or terminate a member of the board, manager, managing member, |
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17 | 17 | | 1.17senior employee, consultant, or other individual or entity that participates in the operational |
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18 | 18 | | 1.18oversight of a provider. |
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19 | 19 | | 1.19 (d) "Ownership interest" means possession of equity in capital, stock, profits, or |
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20 | 20 | | 1.20ownership of real estate on which a provider operates. |
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21 | 21 | | 1.21 (e) "Private equity company" means a publicly traded or nonpublicly traded entity that |
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22 | 22 | | 1.22collects capital investments from individuals or entities. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-05275 as introduced04/02/25 REVISOR RSI/ES |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 3354NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: MOHAMED and Dibble) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading04/09/2025 |
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31 | 31 | | Referred to Commerce and Consumer Protection 2.1 (f) "Provider" means an individual or entity that provides health or medical care services |
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32 | 32 | | 2.2in Minnesota for a fee. For purposes of this paragraph, "for a fee" includes traditional |
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33 | 33 | | 2.3fee-for-service arrangements, capitation arrangements, and any other arrangement in which |
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34 | 34 | | 2.4a provider receives compensation for providing health or medical care services or has the |
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35 | 35 | | 2.5authority to directly bill a group purchaser, health plan company, or individual for providing |
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36 | 36 | | 2.6health or medical care services. Provider includes but is not limited to nursing homes, clinics, |
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37 | 37 | | 2.7hospitals, ambulatory surgical centers, dental organizations, physician organizations, and |
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38 | 38 | | 2.8integrated provider and plan systems. |
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39 | 39 | | 2.9 (g) "Real estate investment trust" has the meaning given in United States Code, title 26, |
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40 | 40 | | 2.10section 856. |
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41 | 41 | | 2.11 Subd. 2.Moratorium.(a) A private equity company or real estate investment trust is |
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42 | 42 | | 2.12prohibited from acquiring or increasing any direct or indirect ownership interest the private |
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43 | 43 | | 2.13equity company or real estate investment trust has in a provider after August 1, 2025. |
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44 | 44 | | 2.14 (b) A private equity company or real estate investment trust is prohibited from acquiring |
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45 | 45 | | 2.15or increasing any operational or financial control the private equity company or real estate |
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46 | 46 | | 2.16investment trust has over a provider after August 1, 2025. This paragraph does not prohibit |
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47 | 47 | | 2.17a private equity company or real estate investment trust from replacing the provider's directors |
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48 | 48 | | 2.18or employees in the normal course of business. |
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49 | 49 | | 2Section 1. |
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50 | 50 | | 25-05275 as introduced04/02/25 REVISOR RSI/ES |
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