1.1.................... moves to amend S.F. No. 248, the first engrossment, as follows:
1.2Page 1, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.4144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.5    (a) A radiation therapy facility may be constructed only by an entity owned,
1.6operated, or controlled by a hospital licensed according to sections 144.50 to 144.56 either
1.7alone or in cooperation with another entity.
1.8    (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.9of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.10Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.11Chisago, 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 permits
1.19applied for. Beginning January 1, 2013, this paragraph does not apply to any construction
1.20necessary to relocate a radiation therapy machine from a community hospital-owned
1.21radiation therapy facility located in the city of Maplewood to a community hospital
1.22campus in the city of Woodbury within the same health system. This paragraph expires
1.23August 1, 2014.
1.24(c) Notwithstanding paragraph (a), after August 1, 2014, the construction of a
1.25radiation therapy facility located in any of the following counties: Hennepin, Ramsey,
2.1Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
2.2Chisago, Isanti, and Wright, may occur only if the following requirements are met:
2.3(1) the entity constructing the radiation therapy facility is controlled by or is under
2.4common control with a hospital licensed under sections 144.50 to 144.56; and
2.5(2) the new radiation therapy facility is located at least seven miles from an existing
2.6radiation therapy facility.
2.7(d) Any referring physician located within a county identified in paragraph (c) must
2.8provide each patient who is in need of radiation therapy services with a list of all radiation
2.9therapy facilities located within the counties identified in paragraph (c). Physicians
2.10with a financial interest in any radiation therapy facility must disclose to the patient the
2.11existence of the interest.
2.12(e) For purposes of this section, "controlled by" or "under common control with"
2.13means the possession, direct or indirect, of the power to direct or cause the direction of the
2.14policies, operations, or activities of an entity, through the ownership of, or right to vote
2.15or to direct the disposition of shares, membership interests, or ownership interests of
2.16the entity.
2.17(f) For purposes of this section, "financial interest in any radiation therapy facility"
2.18means a direct or indirect ownership or investment interest in a radiation therapy facility
2.19or a compensation arrangement with a radiation therapy facility.
2.20(g) This section does not apply to the relocation or reconstruction of an existing
2.21radiation therapy facility if:
2.22(1) the relocation or reconstruction of the facility remains owned by the same entity;
2.23(2) the relocation or reconstruction is located within one mile of the existing facility;
2.24and
2.25(3) the period in which the existing facility is closed and the relocated or
2.26reconstructed facility begins providing services does not exceed 12 months."
2.27Page 3, after line 6, insert:

2.28    "Sec. 3. APPROPRIATION.
2.29In fiscal year 2013, $137,000 is appropriated from the health care access fund for
2.30a study of radiation therapy facilities capacity. This is a onetime appropriation. If an
2.31appropriation for this purpose is enacted more than once in the 2012 legislative session, it
2.32shall be implemented only once."