Hospitals
Frequently Asked Questions about Hospital Closure

Continuing Minnesota Laws of 2024, chapter 127, article 58, section 5, the public hearing will include:

1. An explanation by the controlling persons of the reasons for ceasing or curtailing operations, relocating health services, or ceasing to offer any of the listed health services.
2. A description of the actions that controlling persons will take to ensure that residents in the hospital or campus service area have continued access to the health services being eliminated or curtailed and have continued access to the health services being eliminated, curtailed or relocated.
3. An opportunity for public testimony on the scheduled cessation or curtailment of operations, relocation of health services, or cessation in offering any of the listed health services, and on the hospital's or campus's plan to ensure continued access to those health services being eliminated, curtailed, or relocated.
4. An opportunity for the controlling persons to respond to questions from interested persons.

Minnesota Laws of 2024, chapter 127, article 58, section 7, directs the hospital will provide written notice to the commissioner of health, to the city council in the city where the hospital or hospital campus is located, and to the county board in the county where the hospital or hospital campus is located at least 182 days before the hospital or hospital campus voluntarily plans to implement one of the scheduled actions listed above.

Notice needs to be provided to the local health department as defined in Minnesota Statutes, section 145A.02, subdivision 8b, for the community where the hospital or hospital campus is located.

The hospital needs to provide notice to the public through a written public announcement which must be distributed to local media outlets.

The hospital needs to provide written notice to existing patients of the hospital or hospital campus.

The hospital also notifies all personnel currently employed in the unit, hospital, or hospital campus impacted by the proposed cessation, curtailment or relocation.

Minnesota Laws of 2024, chapter 127, article 58, section 7 identifies what must be included in the notice. The notice must include a description of the proposed cessation of operations, curtailment, relocation of health services or cessation in offering health services. 

The description must include:

1. The number of beds, if any, that will be eliminated, repurposed, reassigned, or otherwise reconfigured to serve populations or patients other than those currently served.
2. The current number of beds in the impacted unit, hospital, or hospital campus, and the number of beds in the impacted unit, hospital, or hospital campus after the proposed cessation, curtailment or relocation takes place.
3. The number of existing patients who will be impacted by the proposed cessation, curtailment or relocation.
4. Any decrease in personnel, or relocation of personnel to a different unit, hospital, or hospital campus, caused by the proposed cessation, curtailment, or relocation.
5. A description of the health services provided by the unit, hospital, or hospital campus impacted by the proposed cessation, curtailment, or relocation.
6. Identification of the three nearest available health care facilities where patients may obtain the health services provided by the unit, hospital, or hospital campus impacted by the proposed cessation, curtailment, or relocation, and any potential barriers to seamlessly transition patients to receive services at one of these facilities. If the unit, hospital, or hospital campus impacted by the proposed cessation, curtailment, or relocation serves medical assistance or Medicare enrollees, the information required under this item must specify whether any of the three nearest available facilities serves medical assistance or Medicare enrollees. 

In addition, the notice must include a telephone number, email address, and address for each of the following, to which interested parties may offer comments on the proposed cessation, curtailment or relocation:

1. The hospital or hospital campus.
2. The parent entity, if any, or the entity under contract, if any, that acts as the corporate administrator of the hospital or hospital campus.

Yes, under Minnesota Laws of 2024, chapter 127, article 58, section 9 if a hospital fails to participate in a public hearing under Minnesota Laws of 2024, chapter 127, article 58, section 6 or failure to notify the commissioner under Minnesota Statutes 144.55, subdivision 1c may result in issuance of a correction order under Minnesota Statutes, section 144.653, subdivision 5.

Notwithstanding any law to the contrary, the commissioner must impose on the controlling persons of a hospital or hospital campus a fine of $20,000 for each failure to provide notice to an individual or entity or at a location required under Minnesota Laws of 2024, chapter 127, article 58, section 7. The cumulative fines imposed under this paragraph must not exceed $60,000 for any scheduled action requiring notice under Minnesota Laws of 2024, chapter 127, article 58, section 8. The commissioner is not required to issue a correction order before imposing a fine under this paragraph. Minnesota Statutes, section 144.653 applies to fines imposed under this paragraph.