HF 2781

as introduced - 91st Legislature (2019 - 2020) Posted on 04/01/2019 02:54pm

A bill for an act
relating to health care; prohibiting maintenance of certification for physicians;
amending Minnesota Statutes 2018, section 147.02, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 62Q; 144.

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

Section 1.

new text begin [62Q.748] DISCRIMINATION BASED ON MAINTENANCE OF
CERTIFICATION.
new text end

new text begin A health plan company shall not require as a condition of payment or reimbursement
for a claim submitted by a physician or as a condition to participate in the health plan
company's provider network that a physician maintain certification by a nationally recognized
accrediting organization that specializes in a specific area of medicine and requires periodic
reexaminations to maintain certification.
new text end

Sec. 2.

new text begin [144.588] MAINTENANCE OF CERTIFICATION PROHIBITED.
new text end

new text begin (a) A health care facility, including a hospital, outpatient surgical center, or health care
clinic shall not differentiate between physicians based on the physician maintaining
certification by a nationally recognized accrediting organization that specializes in a specific
area of medicine and requires periodic reexaminations to maintain certification as a
requirement or condition of employment or entering into a contract with the facility, or as
a condition or requirement of surgical, admitting, or other staff privileges at the health care
facility.
new text end

new text begin (b) Paragraph (a) does not apply if:
new text end

new text begin (1) the health care facility's designation, certification, or accreditation by a national
certifying or accrediting organization is contingent on the facility requiring a specific
maintenance of certification by physicians seeking staff privileges or credentialing at the
facility; and
new text end

new text begin (2) the differentiation is limited to those physicians whose maintenance of certification
is required for the facility's designation, certification, or accreditation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 147.02, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Maintenance of certification. new text end

new text begin (a) Notwithstanding subdivision 1, paragraph
(i); section 147.03, subdivision 1, paragraph (c), clause (2); or section 147.037, subdivision
1, paragraph (e), clause (2), the board shall not require as a qualification for licensure or
for licensure renewal under this chapter certification by a nationally recognized accrediting
organization or maintenance of certification by a nationally recognized accrediting
organization that includes periodic reexamination to measure core competencies as a
requirement for maintaining certification.
new text end

new text begin (b) Nothing in paragraph (a) shall be construed to prohibit or limit the board from
requiring the completion of continuing medical education credits as a requirement for
licensure renewal.
new text end