144.565 DIAGNOSTIC IMAGING FACILITIES.
    Subdivision 1. Utilization and services data; economic and financial interests. The
commissioner shall require diagnostic imaging facilities and providers of diagnostic imaging
services in Minnesota to report by March 1 each year for the preceding fiscal year to the
commissioner, in the form and manner specified by the commissioner:
    (1) utilization data for each health plan company and each public program, including
workers' compensation, of diagnostic imaging services as defined in subdivision 4, paragraph (b);
    (2) the names of all physicians with any financial or economic interest excluding salaried
physicians, unless the physicians' salary is adjusted for volume of service, and all other individuals
with a ten percent or greater financial or economic interest in the facility;
    (3) the location where procedures were performed;
    (4) the number of units of each type of fixed, portable, and mobile scanner used at each
location;
    (5) the average number of hours per month each mobile scanner was operated at each
location;
    (6) the number of hours per month each scanner was leased, if applicable;
    (7) the total number of diagnostic imaging procedures billed for by the provider at each
location, by type of diagnostic imaging service as defined in subdivision 4, paragraph (b); and
    (8) a report on major health care capital expenditures during the previous year, as required by
section 62J.17.
    Subd. 2. Commissioner's right to inspect records. If the report is not filed or the
commissioner of health has reason to believe the report is incomplete or false, the commissioner
shall have the right to inspect diagnostic imaging facility books, audits, and records.
    Subd. 3. Separate reports. If any entity owns more than one diagnostic imaging facility,
that entity must report by individual facility. Reports must include only services that were
billed by the provider of diagnostic imaging services submitting the report. If a diagnostic
imaging facility leases capacity, technical services, or professional services to one or more other
providers of diagnostic imaging services, each provider must submit a separate annual report to
the commissioner for all diagnostic imaging services that it provided and billed. The owner of
the leased capacity must provide a report listing the names and addresses of providers to whom
the diagnostic imaging services and equipment were leased.
    Subd. 4. Definitions. For purposes of this section, the following terms have the meanings
given:
    (a) "Diagnostic imaging facility" means a health care facility that is not a hospital or location
licensed as a hospital which offers diagnostic imaging services in Minnesota, regardless of
whether the equipment used to provide the service is owned or leased. For the purposes of this
section, diagnostic imaging facility includes, but is not limited to, facilities such as a physician's
office, clinic, mobile transport vehicle, outpatient imaging center, or surgical center.
    (b) "Diagnostic imaging service" means the use of ionizing radiation or other imaging
technique on a human patient including, but not limited to, magnetic resonance imaging (MRI) or
computerized tomography (CT), positron emission tomography (PET), or single photon emission
computerized tomography (SPECT) scans using fixed, portable, or mobile equipment.
    (c) "Financial or economic interest" means a direct or indirect:
    (1) equity or debt security issued by an entity, including, but not limited to, shares of stock
in a corporation, membership in a limited liability company, beneficial interest in a trust, units
or other interests in a partnership, bonds, debentures, notes or other equity interests or debt
instruments, or any contractual arrangements;
    (2) membership, proprietary interest, or co-ownership with an individual, group, or
organization to which patients, clients, or customers are referred to; or
    (3) employer-employee or independent contractor relationship, including, but not limited
to, those that may occur in a limited partnership, profit-sharing arrangement, or other similar
arrangement with any facility to which patients are referred, including any compensation between
a facility and a health care provider, the group practice of which the provider is a member or
employee or a related party with respect to any of them.
    (d) "Fixed equipment" means a stationary diagnostic imaging machine installed in a
permanent location.
    (e) "Mobile equipment" means a diagnostic imaging machine in a self-contained transport
vehicle designed to be brought to a temporary offsite location to perform diagnostic imaging
services.
    (f) "Portable equipment" means a diagnostic imaging machine designed to be temporarily
transported within a permanent location to perform diagnostic imaging services.
    (g) "Provider of diagnostic imaging services" means a diagnostic imaging facility or an entity
that offers and bills for diagnostic imaging services at a facility owned or leased by the entity.
    Subd. 5. Reports open to public inspection. All reports filed pursuant to this section shall
be open to public inspection.
History: 2004 c 198 s 9; 2007 c 147 art 9 s 16