HF 3337

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations and professions; authorizing 
  1.3             licensed Minnesota dentists to bargain collectively 
  1.4             with dental health plans, proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 150A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [150A.25] [DENTAL PLAN NEGOTIATIONS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.9   section, the terms defined in this subdivision have the meaning 
  1.10  given to them.  
  1.11     (a) "Dental plan" means any health carrier licensed under 
  1.12  chapter 60A, nonprofit health service plan corporation operating 
  1.13  under chapter 62C, health maintenance organization operating 
  1.14  under chapter 62D, fraternal benefit society operating under 
  1.15  chapter 64B, joint self-insurance employee health plan operating 
  1.16  under chapter 62H or community integrated service network 
  1.17  operating under chapter 62N, that offers dental care insurance 
  1.18  coverage to residents of Minnesota.  
  1.19     (b) "Dentist" means any dentist licensed to provide dental 
  1.20  care services in this state under this chapter. 
  1.21     Subd. 2.  [PROFESSIONAL NEGOTIATIONS.] Any dentist who 
  1.22  engages in negotiations with a dental plan regarding the terms 
  1.23  of any contract under which the dentist provides dental care 
  1.24  items or services for which benefits are provided under the plan 
  1.25  shall, in conjunction with the negotiations, be entitled to the 
  2.1   same treatment under state antitrust laws as the treatment 
  2.2   granted to bargaining units that are recognized under the 
  2.3   National Labor Relations Act.  A dentist shall, only in 
  2.4   connection with the negotiations, be treated as an employee 
  2.5   engaged in concerted activities and shall not be regarded as 
  2.6   having the status of employer, independent contractor, 
  2.7   managerial employee, or supervisor. 
  2.8      Subd. 3.  [GOOD FAITH ACTIONS.] Actions taken by a dentist 
  2.9   in good faith reliance on subdivision 2, are not subject under 
  2.10  state antitrust laws to criminal sanctions, or to any civil 
  2.11  damages, fees, or penalties beyond actual damages incurred. 
  2.12     Subd. 4.  [LIMITATIONS.] Nothing in this section confers 
  2.13  any right by a dentist to participate in any collective 
  2.14  cessation of services to patients not otherwise permitted by law.
  2.15     Sec. 2.  [EFFECTIVE DATE.] 
  2.16     This section applies to any negotiations between dentists 
  2.17  and dental health plans that occur after January 1, 2001.