HF 2023

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; assessing health maintenance
organizations for purposes of the insurance fraud
prevention account; regulating certain rates, claims,
filing, reporting, and information disclosure
practices; eliminating expanded provider network
requirements; amending Minnesota Statutes 2004,
sections 45.0135, subdivision 7; 62D.145, subdivision
2; 62E.05, subdivision 2; 62L.08, subdivision 8;
62Q.64; 62Q.75; 72A.201, subdivision 4; 72A.502, by
adding a subdivision; 144.335, subdivision 3a;
256B.692, subdivision 2; 295.582; repealing Minnesota
Statutes 2004, sections 62E.035; 62Q.095.

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

Section 1.

Minnesota Statutes 2004, section 45.0135,
subdivision 7, is amended to read:

Subd. 7.

Assessment.

Each insurer authorized to sell
insurance in the state of Minnesota shall remit an assessment to
the commissioner for deposit in the insurance fraud prevention
account on or before June 1 of each year. The amount of the
assessment shall be based on the insurer's total assets and on
the insurer's total written Minnesota premium, for the preceding
fiscal year, as reported pursuant to section 60A.13. The
assessment is calculated as follows:

Total Assets Assessment
Less than $100,000,000 $ 200
$100,000,000 to $1,000,000,000 $ 750
Over $1,000,000,000 $2,000

Minnesota Written Premium Assessment
Less than $10,000,000 $ 200
$10,000,000 to $100,000,000 $ 750
Over $100,000,000 $2,000

For purposes of this subdivision, the following entities
are not considered to be insurers authorized to sell insurance
in the state of Minnesota: risk retention groups; new text begin or new text end township
mutuals organized under chapter 67A deleted text begin ; or health maintenance
organizations organized under chapter 62D deleted text end .

Sec. 2.

Minnesota Statutes 2004, section 62D.145,
subdivision 2, is amended to read:

Subd. 2.

Health data or information.

(a) A health
maintenance organization is prohibited from disclosing to any
person any individually identifiable data or information held by
the health maintenance organization pertaining to the diagnosis,
treatment, or health of any enrollee, or any application
obtained from any person, except:

(1) to the extent necessary to carry out the purposes of
this chapter, the commissioner and a designee shall have access
to the above data or information but the data removed from the
health maintenance organization or participating entity shall
not identify any particular patient or client by name or contain
any other unique personal identifier;

(2) upon the express consent of the enrollee or applicant;

(3) pursuant to statute or court order for the production
of evidence or the discovery thereof;

(4) in the event of claim or litigation between the person
and the provider or health maintenance organization wherein such
data or information is pertinent;

(5) to meet the requirements of contracts for prepaid
medical services with the commissioner of human services
authorized under chapter 256B, 256D, or 256L;

(6) to meet the requirements of contracts for benefit plans
with the commissioner of employee relations under chapter 43A;
or

(7) as otherwise deleted text begin authorized pursuant to statute deleted text end new text begin permitted
or required by law new text end .

No provision in a contract for a benefit plan under chapter
43A shall authorize dissemination of individually identifiable
health records, unless the dissemination of the health records
is required to carry out the requirements of the contract and
employees whose health records will be disseminated are fully
informed of the dissemination by the Department of Employee
Relations at the time the employees are enrolling for or
changing insurance coverage.

(b) In any case involving a suspected violation of a law
applicable to health maintenance organizations in which access
to health data maintained by the health maintenance organization
or participating entity is necessary, the commissioner and
agents, while maintaining the privacy rights of individuals and
families, shall be permitted to obtain data that identifies any
particular patient or client by name. A health maintenance
organization shall be entitled to claim any statutory privileges
against such disclosure which the provider who furnished the
information to the health maintenance organization is entitled
to claim.

Sec. 3.

Minnesota Statutes 2004, section 62E.05,
subdivision 2, is amended to read:

Subd. 2.

Annual report.

deleted text begin (a) All health plan companies,
as defined in section 62Q.01, shall annually report to the
commissioner responsible for their regulation. The following
information shall be reported to the appropriate commissioner on
February 1 of each year:
deleted text end

deleted text begin (1) the number of individuals and groups who received
coverage in the prior year through the qualified plans; and
deleted text end

deleted text begin (2) the number of individuals and groups who received
coverage in the prior year through each of the unqualified plans
sold by the company.
deleted text end

deleted text begin (b) deleted text end The state of Minnesota or any of its departments,
agencies, programs, instrumentalities, or political
subdivisions, shall report in writing to the association and to
the commissioner of commerce no later than September 15 of each
year regarding the number of persons and the amount of premiums,
deductibles, co-payments, or coinsurance that it paid for on
behalf of enrollees in the Comprehensive Health Association.
This report must contain only summary information and must not
include any individually identifiable data. The report must
cover the 12-month period ending the preceding June 30.

Sec. 4.

Minnesota Statutes 2004, section 62L.08,
subdivision 8, is amended to read:

Subd. 8.

Filing requirement.

deleted text begin No later than July 1, 1993,
and each year thereafter, deleted text end A health carrier that offers, sells,
issues, or renews a health benefit plan for small employers
shall file with the commissioner the index rates and must
demonstrate that all rates shall be within the rating
restrictions defined in this chapter. Such demonstration must
include the allowable range of rates from the index rates and a
description of how the health carrier intends to use demographic
factors including case characteristics in calculating the
premium rates. The rates shall not be approved, unless the
commissioner has determined that the rates are reasonable. In
determining reasonableness, the commissioner shall consider the
growth rates applied under section 62J.04, subdivision 1,
paragraph (b), to the calendar year or years that the proposed
premium rate would be in effect, actuarially valid changes in
risk associated with the enrollee population, and actuarially
valid changes as a result of statutory changes in Laws 1992,
chapter 549. deleted text begin For premium rates proposed to go into effect
between July 1, 1993 and December 31, 1993, the pertinent growth
rate is the growth rate applied under section 62J.04,
subdivision 1, paragraph (b), to calendar year 1994.
deleted text end

Sec. 5.

Minnesota Statutes 2004, section 62Q.64, is
amended to read:

62Q.64 DISCLOSURE OF EXECUTIVE COMPENSATION.

(a) Each health plan company doing business in this state
shall annually file with the deleted text begin Consumer Advisory Board created in
section 62J.75:
deleted text end

deleted text begin (1) a copy of the health plan company's form 990 filed with
the federal Internal Revenue Service; or
deleted text end

deleted text begin (2) if the health plan company did not file a form 990 with
the federal Internal Revenue Service, deleted text end new text begin commissioner of commerce new text end a
list of the amount and recipients of the health plan company's
five highest salaries, including all types of compensation, in
excess of $50,000.

(b) A filing under this section is public data under
section 13.03.

Sec. 6.

Minnesota Statutes 2004, section 62Q.75, is
amended to read:

62Q.75 PROMPT PAYMENT REQUIRED.

Subdivision 1.

Definitions.

(a) For purposes of this
section, the following terms have the meanings given to them.

(b) "Clean claim" means a claim that has no defect or
impropriety, including any lack of any required substantiating
documentation new text begin , including coordination of benefits information new text end ,
or particular circumstance requiring special treatment that
prevents timely payment from being made on a claim under this
section. new text begin Nothing in this section alters an enrollee's
obligation to disclose information as required by law.
new text end

(c) "Third-party administrator" means a third-party
administrator or other entity subject to section 60A.23,
subdivision 8, and Minnesota Rules, chapter 2767.

Subd. 2.

Claims payments.

(a) This section applies to
clean claims submitted to a health plan company or third-party
administrator for services provided by any:

(1) health care provider, as defined in section 62Q.74, but
does not include a provider licensed under chapter 151;

(2) home health care provider, as defined in section
144A.43, subdivision 4; or

(3) health care facility.

All health plan companies and third-party administrators must
pay or deny claims that are clean claims within 30 calendar days
after the date upon which the health plan company or third-party
administrator received the claim.

(b) The health plan company or third-party administrator
shall, upon request, make available to the provider information
about the status of a claim submitted by the provider consistent
with section 62J.581.

(c) If a health plan company or third-party administrator
does not pay or deny a clean claim within the period provided in
paragraph (a), the health plan company or third-party
administrator must pay interest on the claim for the period
beginning on the day after the required payment date specified
in paragraph (a) and ending on the date on which the health plan
company or third-party administrator makes the payment or denies
the claim. In any payment, the health plan company or
third-party administrator must itemize any interest payment
being made separately from other payments being made for
services provided. new text begin The health plan company or third-party
administrator shall not require the health care provider to bill
the health plan company or third-party administrator for the
interest required under this section before any interest payment
is made. new text end Interest payments must be made to the health care
provider no less frequently than quarterly.

(d) The rate of interest paid by a health plan company or
third-party administrator under this subdivision shall be 1.5
percent per month or any part of a month.

(e) A health plan company or third-party administrator is
not required to make an interest payment on a claim for which
payment has been delayed for purposes of reviewing potentially
fraudulent or abusive billing practices.

(f) The commissioner may assess a financial administrative
penalty against a health plan company for violation of this
subdivision when there is a pattern of abuse that demonstrates a
lack of good faith effort and a systematic failure of the health
plan company to comply with this subdivision.

new text begin Subd. 3. new text end

new text begin Claims filing. new text end

new text begin Unless otherwise provided by
contract, by section 16A.124, subdivision 4a, or by federal law,
the health care providers and facilities specified in
subdivision 2, must submit their charges to a health plan
company or third-party administrator within six months from the
date of service or the date the health care provider knew or was
informed of the correct name and address of the responsible
health plan company or third-party administrator, whichever is
later. A health care provider or facility that does not submit
charges within the six-month period shall not be reimbursed for
the charge and may not collect the charge from the recipient of
the service or any other payer. This subdivision also applies
to all health care providers and facilities that submit charges
to workers' compensation payers for treatment of a workers'
compensation injury compensable under chapter 176.
new text end

Sec. 7.

Minnesota Statutes 2004, section 72A.201,
subdivision 4, is amended to read:

Subd. 4.

Standards for claim filing and handling.

The
following acts by an insurer, an adjuster, a self-insured, or a
self-insurance administrator constitute unfair settlement
practices:

(1) except for claims made under a health insurance policy,
after receiving notification of claim from an insured or a
claimant, failing to acknowledge receipt of the notification of
the claim within ten business days, and failing to promptly
provide all necessary claim forms and instructions to process
the claim, unless the claim is settled within ten business
days. The acknowledgment must include the telephone number of
the company representative who can assist the insured or the
claimant in providing information and assistance that is
reasonable so that the insured or claimant can comply with the
policy conditions and the insurer's reasonable requirements. If
an acknowledgment is made by means other than writing, an
appropriate notation of the acknowledgment must be made in the
claim file of the insurer and dated. An appropriate notation
must include at least the following information where the
acknowledgment is by telephone or oral contact:

(i) the telephone number called, if any;

(ii) the name of the person making the telephone call or
oral contact;

(iii) the name of the person who actually received the
telephone call or oral contact;

(iv) the time of the telephone call or oral contact; and

(v) the date of the telephone call or oral contact;

(2) failing to reply, within ten business days of receipt,
to all other communications about a claim from an insured or a
claimant that reasonably indicate a response is requested or
needed;

(3) new text begin (i) new text end unless provided otherwise by new text begin clause (ii) or (iii),
other new text end law new text begin , new text end or in the policy, failing to complete its
investigation and inform the insured or claimant of acceptance
or denial of a claim within 30 business days after receipt of
notification of claim unless the investigation cannot be
reasonably completed within that time. In the event that the
investigation cannot reasonably be completed within that time,
the insurer shall notify the insured or claimant within the time
period of the reasons why the investigation is not complete and
the expected date the investigation will be complete. For
claims made under a health policy the notification of claim must
be in writing;

new text begin (ii) for claims submitted under a health policy, the
insurer must comply with all of the requirements of section
62Q.75;
new text end

new text begin (iii) for claims submitted under a health policy that are
accepted, the insurer must notify the insured or claimant no
less than semiannually of the disposition of claims of the
insured or claimant. For purposes of this clause, acceptance of
a claim means that there is no additional financial liability
for the insured or claimant, either because there is a flat
co-payment amount specified in the health plan or because there
is no co-payment, deductible, or coinsurance owed;
new text end

(4) where evidence of suspected fraud is present, the
requirement to disclose their reasons for failure to complete
the investigation within the time period set forth in clause (3)
need not be specific. The insurer must make this evidence
available to the Department of Commerce if requested;

(5) failing to notify an insured who has made a
notification of claim of all available benefits or coverages
which the insured may be eligible to receive under the terms of
a policy and of the documentation which the insured must supply
in order to ascertain eligibility;

(6) unless otherwise provided by law or in the policy,
requiring an insured to give written notice of loss or proof of
loss within a specified time, and thereafter seeking to relieve
the insurer of its obligations if the time limit is not complied
with, unless the failure to comply with the time limit
prejudices the insurer's rights and then only if the insurer
gave prior notice to the insured of the potential prejudice;

(7) advising an insured or a claimant not to obtain the
services of an attorney or an adjuster, or representing that
payment will be delayed if an attorney or an adjuster is
retained by the insured or the claimant;

(8) failing to advise in writing an insured or claimant who
has filed a notification of claim known to be unresolved, and
who has not retained an attorney, of the expiration of a statute
of limitations at least 60 days prior to that expiration. For
the purposes of this clause, any claim on which the insurer has
received no communication from the insured or claimant for a
period of two years preceding the expiration of the applicable
statute of limitations shall not be considered to be known to be
unresolved and notice need not be sent pursuant to this clause;

(9) demanding information which would not affect the
settlement of the claim;

(10) unless expressly permitted by law or the policy,
refusing to settle a claim of an insured on the basis that the
responsibility should be assumed by others;

(11) failing, within 60 business days after receipt of a
properly executed proof of loss, to advise the insured of the
acceptance or denial of the claim by the insurer. No insurer
shall deny a claim on the grounds of a specific policy
provision, condition, or exclusion unless reference to the
provision, condition, or exclusion is included in the denial.
The denial must be given to the insured in writing with a copy
filed in the claim file;

(12) denying or reducing a claim on the basis of an
application which was altered or falsified by the agent or
insurer without the knowledge of the insured;

(13) failing to notify the insured of the existence of the
additional living expense coverage when an insured under a
homeowners policy sustains a loss by reason of a covered
occurrence and the damage to the dwelling is such that it is not
habitable;

(14) failing to inform an insured or a claimant that the
insurer will pay for an estimate of repair if the insurer
requested the estimate and the insured or claimant had
previously submitted two estimates of repair.

Sec. 8.

Minnesota Statutes 2004, section 72A.502, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Federal law. new text end

new text begin Personal or privileged
information may be disclosed without a written authorization to
another person in the same way that protected health information
may be disclosed to carry out treatment, payment, or health care
operations of the disclosing insurer pursuant to the federal
Health Insurance Portability and Accountability Act's Standards
for Privacy, Code of Federal Regulations, title 45, parts 160
and 164, and any amendments, modifications, or supplemental or
successor provisions.
new text end

Sec. 9.

Minnesota Statutes 2004, section 144.335,
subdivision 3a, is amended to read:

Subd. 3a.

Patient consent to release of records;
liability.

(a) A provider, or a person who receives health
records from a provider, may not release a patient's health
records to a person without a signed and dated consent from the
patient or the patient's legally authorized representative
authorizing the release, unless the release is deleted text begin specifically
authorized deleted text end new text begin permitted or required new text end by law. Except as provided in
paragraph (c) or (d), a consent is valid for one year or for a
lesser period specified in the consent or for a different period
provided by law.

(b) This subdivision does not prohibit the release of
health records:

(1) for a medical emergency when the provider is unable to
obtain the patient's consent due to the patient's condition or
the nature of the medical emergency; or

(2) to other providers within related health care entities
when necessary for the current treatment of the patient.

(c) Notwithstanding paragraph (a), if a patient explicitly
gives informed consent to the release of health records for the
purposes and pursuant to the restrictions in clauses (1) and
(2), the consent does not expire after one year for:

(1) the release of health records to a provider who is
being advised or consulted with in connection with the current
treatment of the patient;

(2) the release of health records to an accident and health
insurer, health service plan corporation, health maintenance
organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care
review and studies, provided that:

(i) the use or release of the records complies with
sections 72A.49 to 72A.505;

(ii) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited; and

(iii) the recipient establishes adequate safeguards to
protect the records from unauthorized disclosure, including a
procedure for removal or destruction of information that
identifies the patient.

(d) Notwithstanding paragraph (a), health records may be
released to an external researcher solely for purposes of
medical or scientific research only as follows:

(1) health records generated before January 1, 1997, may be
released if the patient has not objected or does not elect to
object after that date;

(2) for health records generated on or after January 1,
1997, the provider must:

(i) disclose in writing to patients currently being treated
by the provider that health records, regardless of when
generated, may be released and that the patient may object, in
which case the records will not be released; and

(ii) use reasonable efforts to obtain the patient's written
general authorization that describes the release of records in
item (i), which does not expire but may be revoked or limited in
writing at any time by the patient or the patient's authorized
representative;

(3) authorization may be established if an authorization is
mailed at least two times to the patient's last known address
with a postage prepaid return envelope and a conspicuous notice
that the patient's medical records may be released if the
patient does not object, and at least 60 days have expired since
the second notice was sent; and the provider must advise the
patient of the rights specified in clause (4); and

(4) the provider must, at the request of the patient,
provide information on how the patient may contact an external
researcher to whom the health record was released and the date
it was released.

In making a release for research purposes the provider
shall make a reasonable effort to determine that:

(i) the use or disclosure does not violate any limitations
under which the record was collected;

(ii) the use or disclosure in individually identifiable
form is necessary to accomplish the research or statistical
purpose for which the use or disclosure is to be made;

(iii) the recipient has established and maintains adequate
safeguards to protect the records from unauthorized disclosure,
including a procedure for removal or destruction of information
that identifies the patient; and

(iv) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited.

(e) A person who negligently or intentionally releases a
health record in violation of this subdivision, or who forges a
signature on a consent form, or who obtains under false
pretenses the consent form or health records of another person,
or who, without the person's consent, alters a consent form, is
liable to the patient for compensatory damages caused by an
unauthorized release, plus costs and reasonable attorney's fees.

(f) Upon the written request of a spouse, parent, child, or
sibling of a patient being evaluated for or diagnosed with
mental illness, a provider shall inquire of a patient whether
the patient wishes to authorize a specific individual to receive
information regarding the patient's current and proposed course
of treatment. If the patient so authorizes, the provider shall
communicate to the designated individual the patient's current
and proposed course of treatment. Paragraph (a) applies to
consents given under this paragraph.

(g) Notwithstanding paragraph (a), a provider must disclose
health records relating to a patient's mental health to a law
enforcement agency if the law enforcement agency provides the
name of the patient and communicates that the:

(1) patient is currently involved in an emergency
interaction with the law enforcement agency; and

(2) disclosure of the records is necessary to protect the
health or safety of the patient or of another person.

The scope of disclosure under this paragraph is limited to
the minimum necessary for law enforcement to respond to the
emergency. A law enforcement agency that obtains health records
under this paragraph shall maintain a record of the requestor,
the provider of the information, and the patient's name. Health
records obtained by a law enforcement agency under this
paragraph are private data on individuals as defined in section
13.02 and must not be used by law enforcement for any other
purpose.

(h) In cases where a provider releases health records
without patient consent as authorized by law, the release must
be documented in the patient's health record. In the case of a
release under paragraph (g), the documentation must include the
date and circumstances under which the release was made, the
person or agency to whom the release was made, and the records
that were released.

Sec. 10.

Minnesota Statutes 2004, section 256B.692,
subdivision 2, is amended to read:

Subd. 2.

Duties of the commissioner of health.

(a)
Notwithstanding chapters 62D and 62N, a county that elects to
purchase medical assistance and general assistance medical care
in return for a fixed sum without regard to the frequency or
extent of services furnished to any particular enrollee is not
required to obtain a certificate of authority under chapter 62D
or 62N. The county board of commissioners is the governing body
of a county-based purchasing program. In a multicounty
arrangement, the governing body is a joint powers board
established under section 471.59.

(b) A county that elects to purchase medical assistance and
general assistance medical care services under this section must
satisfy the commissioner of health that the requirements for
assurance of consumer protection, provider protection, and
fiscal solvency of chapter 62D, applicable to health maintenance
organizations, or chapter 62N, applicable to community
integrated service networks, will be met.

(c) A county must also assure the commissioner of health
that the requirements of sections 62J.041; 62J.48; 62J.71 to
62J.73; 62M.01 to 62M.16; all applicable provisions of chapter
62Q, including sections 62Q.075; 62Q.1055; 62Q.106; 62Q.12;
62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.43;
62Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; deleted text begin 62Q.64; deleted text end 62Q.68 to
62Q.72; and 72A.201 will be met.

(d) All enforcement and rulemaking powers available under
chapters 62D, 62J, 62M, 62N, and 62Q are hereby granted to the
commissioner of health with respect to counties that purchase
medical assistance and general assistance medical care services
under this section.

(e) The commissioner, in consultation with county
government, shall develop administrative and financial reporting
requirements for county-based purchasing programs relating to
sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and
62N.31, and other sections as necessary, that are specific to
county administrative, accounting, and reporting systems and
consistent with other statutory requirements of counties.

Sec. 11.

Minnesota Statutes 2004, section 295.582, is
amended to read:

295.582 AUTHORITY.

(a) A hospital, surgical center, or health care provider
that is subject to a tax under section 295.52, or a pharmacy
that has paid additional expense transferred under this section
by a wholesale drug distributor, may transfer additional expense
generated by section 295.52 obligations on to all third-party
contracts for the purchase of health care services on behalf of
a patient or consumer. The additional expense transferred to
the third-party purchaser must not exceed the tax percentage
specified in section 295.52 multiplied against the gross
revenues received under the third-party contract, and the tax
percentage specified in section 295.52 multiplied against
co-payments and deductibles paid by the individual patient or
consumer. The expense must not be generated on revenues derived
from payments that are excluded from the tax under section
295.53. All third-party purchasers of health care services
including, but not limited to, third-party purchasers regulated
under chapter 60A, 62A, 62C, 62D, 62H, 62N, 64B, 65A, 65B, 79,
or 79A, or under section 471.61 or 471.617, must pay the
transferred expense in addition to any payments due under
existing contracts with the hospital, surgical center, pharmacy,
or health care provider, to the extent allowed under federal
law. A third-party purchaser of health care services includes,
but is not limited to, a health carrier or community integrated
service network that pays for health care services on behalf of
patients or that reimburses, indemnifies, compensates, or
otherwise insures patients for health care services. A
third-party purchaser shall comply with this section regardless
of whether the third-party purchaser is a for-profit,
not-for-profit, or nonprofit entity. A wholesale drug
distributor may transfer additional expense generated by section
295.52 obligations to entities that purchase from the
wholesaler, and the entities must pay the additional expense.
Nothing in this section limits the ability of a hospital,
surgical center, pharmacy, wholesale drug distributor, or health
care provider to recover all or part of the section 295.52
obligation by other methods, including increasing fees or
charges.

(b) deleted text begin Each third-party purchaser regulated under any chapter
cited in paragraph (a) shall include with its annual renewal for
certification of authority or licensure documentation indicating
compliance with paragraph (a).
deleted text end

deleted text begin (c) deleted text end Any hospital, surgical center, or health care provider
subject to a tax under section 295.52 or a pharmacy that has
paid additional expense transferred under this section by a
wholesale drug distributor may file a complaint with the
commissioner responsible for regulating the third-party
purchaser if at any time the third-party purchaser fails to
comply with paragraph (a).

deleted text begin (d) deleted text end new text begin (c) new text end If the commissioner responsible for regulating the
third-party purchaser finds at any time that the third-party
purchaser has not complied with paragraph (a), the commissioner
may take enforcement action against a third-party purchaser
which is subject to the commissioner's regulatory jurisdiction
and which does not allow a hospital, surgical center, pharmacy,
or provider to pass-through the tax. The commissioner may by
order fine or censure the third-party purchaser or revoke or
suspend the certificate of authority or license of the
third-party purchaser to do business in this state if the
commissioner finds that the third-party purchaser has not
complied with this section. The third-party purchaser may
appeal the commissioner's order through a contested case hearing
in accordance with chapter 14.

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 62E.035; and 62Q.095, are
repealed.
new text end