SF 1416

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

  1.1                          A bill for an act 
  1.2             relating to health; prohibiting provider agreements 
  1.3             with certain financial inducements; amending Minnesota 
  1.4             Statutes 1998, section 62J.71, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 62J.71, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [PROHIBITED AGREEMENTS AND DIRECTIVES.] The 
  1.9   following types of agreements and directives are contrary to 
  1.10  state public policy, are prohibited under this section, and are 
  1.11  null and void: 
  1.12     (1) any agreement or directive that prohibits a health care 
  1.13  provider from communicating with an enrollee with respect to the 
  1.14  enrollee's health status, health care, or treatment options, if 
  1.15  the health care provider is acting in good faith and within the 
  1.16  provider's scope of practice as defined by law; 
  1.17     (2) any agreement or directive that prohibits a health care 
  1.18  provider from making a recommendation regarding the suitability 
  1.19  or desirability of a health plan company, health insurer, or 
  1.20  health coverage plan for an enrollee, unless the provider has a 
  1.21  financial conflict of interest in the enrollee's choice of 
  1.22  health plan company, health insurer, or health coverage plan; 
  1.23     (3) any agreement or directive that prohibits a provider 
  1.24  from providing testimony, supporting or opposing legislation, or 
  1.25  making any other contact with state or federal legislators or 
  2.1   legislative staff or with state and federal executive branch 
  2.2   officers or staff; 
  2.3      (4) any agreement or directive that prohibits a health care 
  2.4   provider from disclosing accurate information about whether 
  2.5   services or treatment will be paid for by a patient's health 
  2.6   plan company or health insurer or health coverage plan; and 
  2.7      (5) any agreement or directive that prohibits a health care 
  2.8   provider from informing an enrollee about the nature of the 
  2.9   reimbursement methodology used by an enrollee's health plan 
  2.10  company, health insurer, or health coverage plan to pay the 
  2.11  provider; and 
  2.12     (6) any agreement or directive that provides either a 
  2.13  financial or other reward or penalty to a health care provider 
  2.14  for making or not making a referral or for prescribing or not 
  2.15  prescribing a good or service to be provided by other providers 
  2.16  not owned, operated, or otherwise subject to the control of the 
  2.17  provider.