SF 2240

as introduced - 87th Legislature (2011 - 2012) Posted on 03/06/2012 09:19am

A bill for an act
relating to health; prohibiting health maintenance organizations and other entities
from offering products that would be legal only if granted federal waivers from
certain federal laws; proposing coding for new law in Minnesota Statutes,
chapter 62Q.

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

Section 1.

new text begin [62Q.022] PRODUCTS FOR COMMERCIALLY INSURED
PATIENTS.
new text end

new text begin No health maintenance organization, as defined in section 62D.02, subdivision 4, or
any other entity that participates in an accountable care organization as defined in section
3022 of the federal Affordable Care Act may offer products for commercially insured
patients if the accountable care organization operates under federal waivers from the
Physician Self-Referral Act ("Stark Act"), United States Code, title 42, section 1395nn;
the Civil Monetary Penalty Act, United States Code, title 42, section 1320a-7a; the
Anti-Kickback Act, United States Code, title 42, section 1320a-7b(b); or Antitrust Laws,
United States Code, title 15, section 1, et seq. For purposes of this section, "Affordable
Care Act" means the federal Patient Protection and Affordable Care Act, Public Law
111-148, as amended by the federal Health Care and Education Reconciliation Act of
2010, Public Law 111-152.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end