Hospital
Closure and Change in Services

The Minnesota Legislature passed legislation requiring a public notice (at least 182 days prior to closure and change in services) and a public hearing (conducted within 30 days after receiving notice), before closure of a hospital or hospital campus, curtailing operations, relocating services, or cessation in offering certain services.

• Requirements for Providers
• Hearings
• Penalties
• Frequently Asked Questions about Hospital Closure
• Presentations

Requirements for Providers

Minnesota Laws of 2024, chapter 127, article 58, 144.555, 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 affected by the proposed cessation, curtailment, or relocation

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

Required in the notice

Please complete and submit the form linked below to notify MDH of a hospital or hospital campus closure, curtailing operations, relocating services or cessation in offering certain services outlined in Minnesota Laws of 2024, chapter 127, article 58.

• Hospital Closure or Change in Services Notice Form

Once the notice form has been received by MDH, the contact person will be notified to begin the public hearing process. If you have questions, please reach out to Health.HRD-FedLCR@state.mn.us.

The notice must be posted at the main public entrance of the hospital or hospital campus.

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Hearings

MDH’s Health Regulation Division (HRD) will guide controlling persons (hospital representatives) through the notification and hearing process. Once a hospital notifies MDH of their intent to close a hospital or hospital campus, curtail operations, relocate of services, or cease to offer certain services, HRD will work with the hospital to coordinate a public hearing within 30 days of the notification. It is the responsibility of the controlling persons of the hospital to participate in the public hearing and respond to the questions of interested parties.

MDH will facilitate the hearings to ensure there is an opportunity for public discussion and engagement as outlined in Minnesota Laws of 2024, chapter 127, article 58.

The commissioner must provide adequate public notice. The public hearing must be held at a location that is within ten miles of the hospital or hospital campus or with the commissioner’s approval as close as is practicable, and that is provided or arranged by the hospital or hospital campus. Video conferencing technology must be used to allow member of the public to view and participate in the hearing.  

The public hearing must include:

• 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.
• 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.
• 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.
• An opportunity for the controlling persons to respond to questions from interested parties.

Information about public hearings and how to participate are posted on the Health Regulation Division Public Hearings page.

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Penalties

Minnesota Laws of 2024, chapter 127, article 58, section 9 states that (1) failure 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, section 144.555, subdivision 1c may result in issuance of a correction order under section Minnesota Statutes, section 144.653, subdivision 5.

(b) 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 5. The commissioner is not required to issue a correction order before imposing a fine under this paragraph. Minnesota Statutes, section 144.653, subdivision 8, applies to fines imposed under this paragraph.

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Frequently Asked Questions about Hospital Closure

Please review the Frequently Asked Questions about Hospital Closure for information regarding statute changes for hospital closure and changes in services.

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