1.1    .................... moves to amend H.F. No. 3265 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 144.5509, is amended to read:
1.5    Subdivision 1. Construction limitations. (a) A radiation therapy facility may
1.6be constructed only by an entity owned, operated, or controlled by a hospital licensed
1.7according to sections 144.50 to 144.56 either alone or in cooperation with another entity.
1.8    (b) Notwithstanding paragraph (a), there shall be a two-year moratorium on the
1.9construction of any radiation therapy facility located in the following counties: Hennepin,
1.10Ramsey, Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton,
1.11Stearns, Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.12reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.13is within one mile of the existing facility. This paragraph does not apply to a radiation
1.14therapy facility that is being built attached to a community hospital in Wright County and
1.15meets the following conditions prior to August 1, 2007: the capital expenditure report
1.16required under Minnesota Statutes, section 62J.17, has been filed with the commissioner
1.17of health; a timely construction schedule is developed, stipulating dates for beginning,
1.18achieving various stages, and completing construction; and all zoning and building
1.19permits applied for. This paragraph expires August 1, 2009.
1.20    Subd. 2. Public interest review. (a) Upon review and approval by the legislature
1.21according to this subdivision, exemptions to the moratorium in subdivision 1, paragraph
1.22(b), may be granted to an entity seeking to construct a new radiation therapy facility in
1.23collaboration with the local community hospital and located in, or within one mile of,
1.24the local hospital. The entity seeking to construct a new radiation therapy facility must
1.25submit a plan to the commissioner. The plan must include information that includes
1.26an explanation of how the construction of a radiation therapy facility will meet the
2.1public's interest. When submitting a plan to the commissioner, an applicant must pay
2.2the commissioner for the commissioner's cost of reviewing and monitoring the plan,
2.3as determined by the commissioner and notwithstanding section 16A.1283. Money
2.4received by the commissioner under this section is appropriated to the commissioner for
2.5the purposes of administering this section.
2.6    (b) Plans submitted under this subdivision shall include detailed information
2.7necessary for the commissioner to review the plan and reach a finding. The commissioner
2.8may request additional information from the entity submitting a plan under this subdivision
2.9and from others affected by the plan that the commissioner deems necessary to review the
2.10plan and make a finding.
2.11    (c) The commissioner shall review the plan and, within 90 days, but no more than
2.12six months if extenuating circumstances apply, issue a finding on whether the plan is in
2.13the public interest. In making the recommendation, the commissioner shall consider
2.14issues including but not limited to:
2.15    (1) whether the new radiation therapy facility is needed to provide timely access to
2.16care or access to new or improved services;
2.17    (2) the financial impact of the new radiation therapy facility on existing acute-care
2.18hospitals that have radiation facilities in the region;
2.19    (3) the extent to which the new radiation therapy facility will provide services to
2.20nonpaying or low-income patients relative to the level of services provided to these groups
2.21by existing radiation facilities in the region; and
2.22    (4) the views of affected parties.
2.23    (d) Prior to making a recommendation, the commissioner shall conduct a public
2.24hearing in the affected hospital service area to take testimony from interested persons.
2.25    (e) Upon making a recommendation under paragraph (c), the commissioner shall
2.26provide a copy of the recommendation to the chairs of the house and senate committees
2.27having jurisdiction over health and human services policy and finance.
2.28    (f) If an exception to the moratorium is approved after a review under this
2.29subdivision, the commissioner shall monitor the implementation of the exception up to
2.30completion of the construction project. Thirty days after completion of the construction
2.31project, the entity shall submit to the commissioner a report on how the construction
2.32has met the provisions of the plan originally submitted under the public interest review