HF 2002

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to insurance; prohibiting balance billing by
health care providers and certain no-fault automobile
insurance medical claims; making health care providers
the party at interest in certain no-fault
arbitrations; amending Minnesota Statutes 2004,
section 65B.54, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 65B.54, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Balance billing by health care providers
prohibited. new text end

new text begin (a) This subdivision applies to charges for medical
expense benefits as defined in section 65B.44, subdivision 2, to
the extent that a reparation obligor has rejected them under
subdivision 5 on the basis that the health care was not
medically necessary or on the basis that the charges exceed the
usual and customary rate.
new text end

new text begin (b) If a reparation obligor rejects, in whole or in part, a
claim for health care provided to the claimant by a health care
provider, for reasons specified in paragraph (a), the claimant
is not obligated to pay the health care provider for the
rejected charges.
new text end

new text begin (c) The health care provider shall not bill the claimant
for those charges or otherwise attempt to collect them from the
claimant after they have been rejected by the insurer.
new text end

new text begin (d) A health care provider whose charges are rejected, in
whole or in part, under this section by a reparation obligor, is
the party at interest and has standing to commence and pursue a
claim for payment as a claimant against the reparation obligor
in an arbitration proceeding under section 65B.525. In such a
proceeding, the insured may be required to attend the
arbitration proceeding by either the reparation obligor or the
health care provider, subject to the conditions provided in
section 65B.56, subdivision 2.
new text end

new text begin (e) A health care provider shall not require an insured to
waive any provision of this section, and any such attempted
waiver is void and unenforceable.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006, and applies to
medical expense benefits provided on or after that date.
new text end