1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; sales and use; providing an exemption for certain nonprofit |
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3 | 3 | | 1.3 outpatient rehabilitation clinics; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 297A.70, subdivision 7. |
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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. Minnesota Statutes 2024, section 297A.70, subdivision 7, is amended to read: |
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7 | 7 | | 1.7 Subd. 7.Hospitals, outpatient surgical centers, critical access dental providers, and |
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8 | 8 | | 1.8blood centers, and nonprofit physical rehabilitation clinics.(a) Sales, except for those |
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9 | 9 | | 1.9listed in paragraph (f) (g), to a hospital are exempt, if the items purchased are used in |
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10 | 10 | | 1.10providing hospital services. For purposes of this subdivision, "hospital" means a hospital |
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11 | 11 | | 1.11organized and operated for charitable purposes within the meaning of section 501(c)(3) of |
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12 | 12 | | 1.12the Internal Revenue Code, and licensed under chapter 144 or by any other jurisdiction, and |
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13 | 13 | | 1.13"hospital services" are services authorized or required to be performed by a "hospital" under |
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14 | 14 | | 1.14chapter 144. |
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15 | 15 | | 1.15 (b) Sales, except for those listed in paragraph (f) (g), to an outpatient surgical center are |
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16 | 16 | | 1.16exempt, if the items purchased are used in providing outpatient surgical services. For purposes |
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17 | 17 | | 1.17of this subdivision, "outpatient surgical center" means an outpatient surgical center organized |
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18 | 18 | | 1.18and operated for charitable purposes within the meaning of section 501(c)(3) of the Internal |
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19 | 19 | | 1.19Revenue Code, and licensed under chapter 144 or by any other jurisdiction. For the purposes |
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20 | 20 | | 1.20of this subdivision, "outpatient surgical services" means: (1) services authorized or required |
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21 | 21 | | 1.21to be performed by an outpatient surgical center under chapter 144; and (2) urgent care. For |
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22 | 22 | | 1.22purposes of this subdivision, "urgent care" means health services furnished to a person |
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23 | 23 | | 1.23whose medical condition is sufficiently acute to require treatment unavailable through, or |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-01065 as introduced12/06/24 REVISOR EAP/NS |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 455NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: NELSON and Weber) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading01/21/2025 |
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32 | 32 | | Referred to Taxes 2.1inappropriate to be provided by, a clinic or physician's office, but not so acute as to require |
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33 | 33 | | 2.2treatment in a hospital emergency room. |
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34 | 34 | | 2.3 (c) Sales, except for those listed in paragraph (f) (g), to a critical access dental provider |
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35 | 35 | | 2.4are exempt, if the items purchased are used in providing critical access dental care services. |
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36 | 36 | | 2.5For the purposes of this subdivision, "critical access dental provider" means a dentist or |
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37 | 37 | | 2.6dental clinic that qualifies under section 256B.76, subdivision 4, paragraph (b), and, in the |
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38 | 38 | | 2.7previous calendar year, had no more than 15 percent of its patients covered by private dental |
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39 | 39 | | 2.8insurance. |
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40 | 40 | | 2.9 (d) Sales, except for those listed in paragraph (f) (g), to a blood center are exempt, if the |
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41 | 41 | | 2.10items purchased are used in providing blood collection and distribution services. |
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42 | 42 | | 2.11Notwithstanding paragraph (f) (g), leases by a blood center of a truck, as defined in section |
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43 | 43 | | 2.12168.002; a bus, as defined in section 168.002; or a passenger automobile, as defined in |
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44 | 44 | | 2.13section 168.002, if the truck, bus, or automobile is used for carrying out the purposes of the |
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45 | 45 | | 2.14blood center, including the collection of blood from donors, setting up of blood drives, and |
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46 | 46 | | 2.15delivering blood to hospitals are exempt. For purposes of this subdivision, "blood center" |
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47 | 47 | | 2.16means an entity organized and operated for charitable purposes under section 501(c)(3) of |
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48 | 48 | | 2.17the Internal Revenue Code that is: |
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49 | 49 | | 2.18 (1) registered as a blood establishment pursuant to Code of Federal Regulations, title |
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50 | 50 | | 2.1921, part 607; |
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51 | 51 | | 2.20 (2) a human cells, tissues, and cellular and tissue-based products establishment under |
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52 | 52 | | 2.21Code of Federal Regulations, title 21, part 1271, subpart B; or |
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53 | 53 | | 2.22 (3) a clinical lab that performs infectious disease testing, blood typing, and other |
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54 | 54 | | 2.23laboratory testing services in connection with blood processing for transfusion into humans |
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55 | 55 | | 2.24under Code of Federal Regulations, title 42, part 493. |
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56 | 56 | | 2.25 (e) Sales, except those listed in paragraph (g), to a nonprofit physical rehabilitation clinic |
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57 | 57 | | 2.26are exempt if the items are used in providing outpatient rehabilitation services. For the |
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58 | 58 | | 2.27purposes of this paragraph, "nonprofit physical rehabilitation clinic" means a clinic: |
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59 | 59 | | 2.28 (1) organized and operated for charitable purposes within the meaning of section 501(c)(3) |
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60 | 60 | | 2.29of the Internal Revenue Code; |
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61 | 61 | | 2.30 (2) providing physical therapy, occupational therapy, or speech therapy; |
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62 | 62 | | 2.31 (3) whose patients covered by medical assistance or MinnesotaCare comprise at least |
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63 | 63 | | 2.3250 percent of all patients served in the most recent calendar year; |
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64 | 64 | | 2Section 1. |
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65 | 65 | | 25-01065 as introduced12/06/24 REVISOR EAP/NS 3.1 (4) providing at least 10,000 patient encounters with patients who are uninsured or |
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66 | 66 | | 3.2qualify to be covered by medical assistance, MinnesotaCare, or a home and community-based |
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67 | 67 | | 3.3services program; |
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68 | 68 | | 3.4 (5) offering a sliding scale for payment for services; and |
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69 | 69 | | 3.5 (6) had no more than 15 percent of its patients covered by private health insurance in |
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70 | 70 | | 3.6the most recent calendar year. |
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71 | 71 | | 3.7 (e) (f) The exemption provided under paragraph (d) expires January 1, 2028. |
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72 | 72 | | 3.8 (f) (g) This exemption does not apply to the following products and services: |
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73 | 73 | | 3.9 (1) purchases made by a clinic, physician's office, or any other medical facility not |
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74 | 74 | | 3.10operating as a hospital, outpatient surgical center, critical access dental provider, or blood |
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75 | 75 | | 3.11center, or nonprofit physical rehabilitation clinic, even though the clinic, office, or facility |
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76 | 76 | | 3.12may be owned and operated by a hospital, outpatient surgical center, critical access dental |
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77 | 77 | | 3.13provider, or blood center, or nonprofit physical rehabilitation clinic; |
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78 | 78 | | 3.14 (2) sales under section 297A.61, subdivision 3, paragraph (g), clause (2), and prepared |
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79 | 79 | | 3.15food, candy, and soft drinks; |
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80 | 80 | | 3.16 (3) building and construction materials used in constructing buildings or facilities that |
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81 | 81 | | 3.17will not be used principally by the hospital, outpatient surgical center, critical access dental |
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82 | 82 | | 3.18provider, or blood center, or nonprofit physical rehabilitation clinic; |
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83 | 83 | | 3.19 (4) building, construction, or reconstruction materials purchased by a contractor or a |
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84 | 84 | | 3.20subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed |
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85 | 85 | | 3.21maximum price covering both labor and materials for use in the construction, alteration, or |
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86 | 86 | | 3.22repair of a hospital, outpatient surgical center, critical access dental provider, or blood center, |
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87 | 87 | | 3.23or nonprofit physical rehabilitation clinic; or |
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88 | 88 | | 3.24 (5) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11. |
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89 | 89 | | 3.25 (g) (h) A limited liability company also qualifies for exemption under this subdivision |
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90 | 90 | | 3.26if (1) it consists of a sole member that would qualify for the exemption, and (2) the items |
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91 | 91 | | 3.27purchased qualify for the exemption. |
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92 | 92 | | 3.28 (h) (i) An entity that contains both a hospital and a nonprofit unit may claim this |
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93 | 93 | | 3.29exemption on purchases made for both the hospital and nonprofit unit provided that: |
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94 | 94 | | 3.30 (1) the nonprofit unit would have qualified for exemption under subdivision 4; and |
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95 | 95 | | 3.31 (2) the items purchased would have qualified for the exemption. |
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96 | 96 | | 3Section 1. |
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97 | 97 | | 25-01065 as introduced12/06/24 REVISOR EAP/NS 4.1 EFFECTIVE DATE.This section is effective for sales and purchases made after June |
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98 | 98 | | 4.230, 2025. |
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99 | 99 | | 4Section 1. |
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100 | 100 | | 25-01065 as introduced12/06/24 REVISOR EAP/NS |
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