HF 2226

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; prohibiting certain discriminatory 
  1.3             charges by health care providers; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 62J. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [62J.26] [UNIFORM CHARGES REQUIRED.] 
  1.7      (a) No health care provider, as defined in section 62J.03, 
  1.8   subdivision 8, shall vary its charges for health care goods and 
  1.9   services based upon the identity of the patient or of any 
  1.10  third-party payer. 
  1.11     (b) Variations in charges that are prohibited by paragraph 
  1.12  (a) include, but are not limited to, variations due to 
  1.13  capitation, preferred provider, exclusive provider, or other 
  1.14  contractual arrangements; variations due to the patient's 
  1.15  enrollment in Medicare, medical assistance, general assistance 
  1.16  medical care, MinnesotaCare, or other state or federal 
  1.17  government health coverage program; and variations due to 
  1.18  coverage under automobile, homeowner's, workers' compensation, 
  1.19  or other insurance. 
  1.20     (c) Charges based upon a capitation or similar arrangement 
  1.21  that is not based strictly on fee-for-service compensation 
  1.22  violates paragraph (a). 
  1.23     (d) This section does not prohibit providers from charging 
  1.24  reduced fees to patients who are uninsured for the goods or 
  1.25  services provided and for whom, in the judgment of the provider, 
  2.1   payment of the provider's standard charge would be a financial 
  2.2   hardship. 
  2.3      (e) This section does not apply to an individual health 
  2.4   care provider who is salaried, but does apply to that provider's 
  2.5   employer. 
  2.6      (f) Each licensing board for health care providers shall 
  2.7   enforce this section with respect to the providers licensed by 
  2.8   the board. 
  2.9      (g) No public or private institutional third-party payer 
  2.10  for health care goods and services shall refuse to pay for 
  2.11  health care goods and services received from a health care 
  2.12  provider in this state solely because the provider complies with 
  2.13  this section.  A health care provider that encounters a 
  2.14  violation of this paragraph may report the violation to the 
  2.15  attorney general.  The attorney general shall enforce this 
  2.16  paragraph under section 8.31. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     Section 1 is effective January 1, 1999.