Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF455 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to taxation; sales and use; providing an exemption for certain nonprofit​
33 1.3 outpatient rehabilitation clinics; amending Minnesota Statutes 2024, section​
44 1.4 297A.70, subdivision 7.​
55 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
66 1.6 Section 1. Minnesota Statutes 2024, section 297A.70, subdivision 7, is amended to read:​
77 1.7 Subd. 7.Hospitals, outpatient surgical centers, critical access dental providers, and​
88 1.8blood centers, and nonprofit physical rehabilitation clinics.(a) Sales, except for those​
99 1.9listed in paragraph (f) (g), to a hospital are exempt, if the items purchased are used in​
1010 1.10providing hospital services. For purposes of this subdivision, "hospital" means a hospital​
1111 1.11organized and operated for charitable purposes within the meaning of section 501(c)(3) of​
1212 1.12the Internal Revenue Code, and licensed under chapter 144 or by any other jurisdiction, and​
1313 1.13"hospital services" are services authorized or required to be performed by a "hospital" under​
1414 1.14chapter 144.​
1515 1.15 (b) Sales, except for those listed in paragraph (f) (g), to an outpatient surgical center are​
1616 1.16exempt, if the items purchased are used in providing outpatient surgical services. For purposes​
1717 1.17of this subdivision, "outpatient surgical center" means an outpatient surgical center organized​
1818 1.18and operated for charitable purposes within the meaning of section 501(c)(3) of the Internal​
1919 1.19Revenue Code, and licensed under chapter 144 or by any other jurisdiction. For the purposes​
2020 1.20of this subdivision, "outpatient surgical services" means: (1) services authorized or required​
2121 1.21to be performed by an outpatient surgical center under chapter 144; and (2) urgent care. For​
2222 1.22purposes of this subdivision, "urgent care" means health services furnished to a person​
2323 1.23whose medical condition is sufficiently acute to require treatment unavailable through, or​
2424 1​Section 1.​
2525 25-01065 as introduced​12/06/24 REVISOR EAP/NS​
2626 SENATE​
2727 STATE OF MINNESOTA​
2828 S.F. No. 455​NINETY-FOURTH SESSION​
2929 (SENATE AUTHORS: NELSON and Weber)​
3030 OFFICIAL STATUS​D-PG​DATE​
3131 Introduction and first reading​01/21/2025​
3232 Referred to Taxes​ 2.1inappropriate to be provided by, a clinic or physician's office, but not so acute as to require​
3333 2.2treatment in a hospital emergency room.​
3434 2.3 (c) Sales, except for those listed in paragraph (f) (g), to a critical access dental provider​
3535 2.4are exempt, if the items purchased are used in providing critical access dental care services.​
3636 2.5For the purposes of this subdivision, "critical access dental provider" means a dentist or​
3737 2.6dental clinic that qualifies under section 256B.76, subdivision 4, paragraph (b), and, in the​
3838 2.7previous calendar year, had no more than 15 percent of its patients covered by private dental​
3939 2.8insurance.​
4040 2.9 (d) Sales, except for those listed in paragraph (f) (g), to a blood center are exempt, if the​
4141 2.10items purchased are used in providing blood collection and distribution services.​
4242 2.11Notwithstanding paragraph (f) (g), leases by a blood center of a truck, as defined in section​
4343 2.12168.002; a bus, as defined in section 168.002; or a passenger automobile, as defined in​
4444 2.13section 168.002, if the truck, bus, or automobile is used for carrying out the purposes of the​
4545 2.14blood center, including the collection of blood from donors, setting up of blood drives, and​
4646 2.15delivering blood to hospitals are exempt. For purposes of this subdivision, "blood center"​
4747 2.16means an entity organized and operated for charitable purposes under section 501(c)(3) of​
4848 2.17the Internal Revenue Code that is:​
4949 2.18 (1) registered as a blood establishment pursuant to Code of Federal Regulations, title​
5050 2.1921, part 607;​
5151 2.20 (2) a human cells, tissues, and cellular and tissue-based products establishment under​
5252 2.21Code of Federal Regulations, title 21, part 1271, subpart B; or​
5353 2.22 (3) a clinical lab that performs infectious disease testing, blood typing, and other​
5454 2.23laboratory testing services in connection with blood processing for transfusion into humans​
5555 2.24under Code of Federal Regulations, title 42, part 493.​
5656 2.25 (e) Sales, except those listed in paragraph (g), to a nonprofit physical rehabilitation clinic​
5757 2.26are exempt if the items are used in providing outpatient rehabilitation services. For the​
5858 2.27purposes of this paragraph, "nonprofit physical rehabilitation clinic" means a clinic:​
5959 2.28 (1) organized and operated for charitable purposes within the meaning of section 501(c)(3)​
6060 2.29of the Internal Revenue Code;​
6161 2.30 (2) providing physical therapy, occupational therapy, or speech therapy;​
6262 2.31 (3) whose patients covered by medical assistance or MinnesotaCare comprise at least​
6363 2.3250 percent of all patients served in the most recent calendar year;​
6464 2​Section 1.​
6565 25-01065 as introduced​12/06/24 REVISOR EAP/NS​ 3.1 (4) providing at least 10,000 patient encounters with patients who are uninsured or​
6666 3.2qualify to be covered by medical assistance, MinnesotaCare, or a home and community-based​
6767 3.3services program;​
6868 3.4 (5) offering a sliding scale for payment for services; and​
6969 3.5 (6) had no more than 15 percent of its patients covered by private health insurance in​
7070 3.6the most recent calendar year.​
7171 3.7 (e) (f) The exemption provided under paragraph (d) expires January 1, 2028.​
7272 3.8 (f) (g) This exemption does not apply to the following products and services:​
7373 3.9 (1) purchases made by a clinic, physician's office, or any other medical facility not​
7474 3.10operating as a hospital, outpatient surgical center, critical access dental provider, or blood​
7575 3.11center, or nonprofit physical rehabilitation clinic, even though the clinic, office, or facility​
7676 3.12may be owned and operated by a hospital, outpatient surgical center, critical access dental​
7777 3.13provider, or blood center, or nonprofit physical rehabilitation clinic;​
7878 3.14 (2) sales under section 297A.61, subdivision 3, paragraph (g), clause (2), and prepared​
7979 3.15food, candy, and soft drinks;​
8080 3.16 (3) building and construction materials used in constructing buildings or facilities that​
8181 3.17will not be used principally by the hospital, outpatient surgical center, critical access dental​
8282 3.18provider, or blood center, or nonprofit physical rehabilitation clinic;​
8383 3.19 (4) building, construction, or reconstruction materials purchased by a contractor or a​
8484 3.20subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed​
8585 3.21maximum price covering both labor and materials for use in the construction, alteration, or​
8686 3.22repair of a hospital, outpatient surgical center, critical access dental provider, or blood center,​
8787 3.23or nonprofit physical rehabilitation clinic; or​
8888 3.24 (5) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11.​
8989 3.25 (g) (h) A limited liability company also qualifies for exemption under this subdivision​
9090 3.26if (1) it consists of a sole member that would qualify for the exemption, and (2) the items​
9191 3.27purchased qualify for the exemption.​
9292 3.28 (h) (i) An entity that contains both a hospital and a nonprofit unit may claim this​
9393 3.29exemption on purchases made for both the hospital and nonprofit unit provided that:​
9494 3.30 (1) the nonprofit unit would have qualified for exemption under subdivision 4; and​
9595 3.31 (2) the items purchased would have qualified for the exemption.​
9696 3​Section 1.​
9797 25-01065 as introduced​12/06/24 REVISOR EAP/NS​ 4.1 EFFECTIVE DATE.This section is effective for sales and purchases made after June​
9898 4.230, 2025.​
9999 4​Section 1.​
100100 25-01065 as introduced​12/06/24 REVISOR EAP/NS​