HF 2258

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

A bill for an act
relating to health; requiring provider payment
disclosure; proposing coding for new law in Minnesota
Statutes, chapter 62J.

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

Section 1.

new text begin [62J.82] PROVIDER PAYMENT DISCLOSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "CPT code" means a code contained in the most current
edition of the Physician's Current Procedural Terminology (CPT)
manual published by the American Medical Association and
available for purchase through the American Medical Association,
Order Department: OP054193, P.O. Box 10950, Chicago, Illinois
60610.
new text end

new text begin (c) "Health care service" has the meaning given under
section 62J.17, subdivision 2, paragraph (e).
new text end

new text begin (d) "Person" means an individual, corporation, firm,
partnership, or incorporated or unincorporated association or
any other legal or commercial entity.
new text end

new text begin Subd. 2. new text end

new text begin Provider payment disclosures. new text end

new text begin (a) A provider
shall make available and, to the extent possible, immediately
provide to any person who requests it, at no cost, by CPT code
or other billing identifier as may be required to be used in
billing for health care services and by narrative description
the amount the provider charges as payment for health care
services. The narrative description must use terminology that
is understandable to a lay person.
new text end

new text begin (b) If a provider is unable to immediately provide the
amount it charges as payment for health care services in
response to a request made under this subdivision, the provider
shall make available and provide the information to the person
who requested it as soon as reasonably practicable, but in no
event shall the time for disclosure be delayed by more than ten
business days.
new text end

new text begin (c) Prior to initiating a treatment, a provider shall
notify a patient of any alternative, medically accepted
treatments that the provider is aware of that are less expensive.
new text end

new text begin (d) The information required under this subdivision shall
be revised quarterly as necessary to reflect any changes to the
amounts the provider charges under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin A person may file an action in
district court seeking injunctive relief and damages for
violations of this section. In any such action, a person may
also recover costs and disbursements and reasonable attorney
fees.
new text end

new text begin Subd. 4. new text end

new text begin Grounds for disciplinary action. new text end

new text begin A violation of
this section may be grounds for disciplinary or regulatory
action against a provider by the appropriate licensing board or
agency.
new text end

new text begin Subd. 5. new text end

new text begin Authority of attorney general. new text end

new text begin The attorney
general may investigate a violation of this section under
section 8.31. The attorney general may file an action for a
violation of this section according to section 8.31 or pursue
any other remedies available to the attorney general.
new text end