Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 221--S.F.No. 263
           An act relating to insurance; health and accident; 
          providing reimbursement for the services of certain 
          licensed and certified registered nurses on an equal 
          basis with other licensed health professional 
          services; amending Minnesota Statutes 1982, sections 
          62A.03, subdivision 1; and 62A.15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 62A.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONDITIONS.] No policy of individual 
accident and sickness insurance shall may be delivered or issued 
for delivery to any a person in this state unless the following 
conditions are met: 
    (1) [PREMIUM.] The entire money and other considerations 
therefor are expressed therein. 
    (2) [TIME EFFECTIVE.] The time at which the insurance takes 
effect and terminates is expressed therein. 
    (3) [ONE PERSON.] It purports to insure only one person, 
except that a policy may insure, originally or by subsequent 
amendment, upon the application of an adult member of a family 
who shall be deemed the policyholder, any two or more eligible 
members of that family, including: 
    (a) husband, 
    (b) wife, 
    (c) dependent children, 
    (d) any children under a specified age which shall not 
exceed of 19 years or less, or 
    (e) any other person dependent upon the policyholder. 
    (4) [APPEARANCE.] The style, arrangement, and over-all 
appearance of the policy give no undue prominence to any portion 
of the text, and unless every printed portion of the text of the 
policy and of any endorsements or attached papers is plainly 
printed in light-face type of a style in general use,.  The type 
size of which shall must be uniform and not less than ten point 
with a lower case unspaced alphabet length not less than 120 
point(.  The "text" shall include includes all printed matter 
except the name and address of the insurer, name or title of the 
policy, the brief description, if any, the reference to renewal 
or cancellation by a separate statement, if any, and the 
captions and subcaptions). 
    (5) [DESCRIPTION OF POLICY.] The policy, on the first page, 
shall indicate indicates or refer refers to its provisions for 
renewal or cancellation either in the brief description, if any, 
or by a separate statement printed in type not smaller than the 
type used for captions, or by a separate provision bearing a 
caption which accurately describes the renewability or 
cancelability of the policy. 
    (6) [EXCEPTIONS IN POLICY.] The exceptions and reductions 
of indemnity are set forth in the policy and, except those which 
are set forth in section 62A.04, are printed, at the insurer's 
option, either included with the benefit provision to which they 
apply, or under an appropriate caption such as "EXCEPTIONS," or 
"EXCEPTIONS AND REDUCTIONS," provided that.  However, if an 
exception or reduction specifically applies only to a particular 
benefit of the policy, a statement of such the exception or 
reduction shall must be included with the benefit provision to 
which it applies. 
    (7) [FORM NUMBER.] Each such form, including riders and 
endorsements, shall be is identified by a form number in the 
lower left hand corner of the first page thereof. 
    (8) [NO INCORPORATION BY REFERENCE.] It contains no 
provision purporting to make any portion of the charter, rules, 
constitution, or bylaws of the insurer a part of the policy 
unless such the portion is set forth in full in the policy, 
except in the case of the incorporation of, or reference to, a 
statement of rates or, classification of risks, or short rate 
table filed with the commissioner. 
    (9) [MEDICAL BENEFITS.] If the policy contains a provision 
for medical expense benefits, the term "medical benefits" or 
similar terms as used therein shall include includes treatments 
by all licensed practitioners of the healing arts unless, 
subject to the qualifications contained in clause (10), the 
policy specifically states the practitioners whose services are 
covered. 
    (10) [OSTEOPATH, OPTOMETRIST OR, CHIROPRACTOR, OR 
REGISTERED NURSE SERVICES.] With respect to any policy of 
individual accident and sickness insurance issued or entered 
into subsequent to August 1, 1974, notwithstanding the 
provisions of any such the policy, wherever therein there is if 
it contains a provision providing for reimbursement for any 
service which is in the lawful scope of practice of a duly 
licensed osteopath, optometrist or, chiropractor, or registered 
nurse meeting the requirements of section 62A.15, subdivision 
3a, the person entitled to benefits or person performing 
services under such the policy shall be is entitled to 
reimbursement on an equal basis for such the service, whether 
the said service is performed by a physician, osteopath, 
optometrist or, chiropractor, or registered nurse meeting the 
requirements of section 62A.15, subdivision 3a, duly licensed 
under the laws of this state. 
     Sec. 2.  Minnesota Statutes 1982, section 62A.15, is 
amended to read: 
    62A.15 [CHIROPRACTIC LICENSED HEALTH PROFESSIONAL SERVICES 
IN ACCIDENT AND HEALTH AND NONPROFIT HEALTH SERVICE POLICIES.] 
    Subdivision 1.  [APPLICABILITY.] The provisions of this 
section shall apply to all group policies or subscriber 
contracts providing payment for care in this state, which are 
issued or renewed after August 1, 1973 for chiropractic 
services, and after August 1, 1976, for optometric services, and 
which are issued or renewed after the effective date of this 
section for services of a registered nurse meeting the 
requirements of subdivision 3a, by accident and health insurance 
companies regulated under this chapter, and nonprofit health 
service plan corporations regulated under chapter 62C. 
    Subd. 2.  [CHIROPRACTIC SERVICES.] All benefits provided by 
any policy or contract referred to in subdivision 1, relating to 
expenses incurred for medical treatment or services of a 
physician shall must also include chiropractic treatment and 
services of a chiropractor to the extent that the chiropractic 
services and treatment are within the scope of chiropractic 
licensure. 
    Subd. 3.  [OPTOMETRIC SERVICES.] All benefits provided by 
any policy or contract referred to in subdivision 1, relating to 
expenses incurred for medical treatment or services of a 
physician shall must also include optometric treatment and 
services of an optometrist to the extent that the optometric 
services and treatment are within the scope of optometric 
licensure. 
    This subdivision is intended to provide equal payment of 
benefits for optometric treatment and services and is not 
intended to change or add to the benefits provided for in such 
those policies or contracts. 
     Subd. 3a.  [NURSING SERVICES.] All benefits provided by a 
policy or contract referred to in subdivision 1, relating to 
expenses incurred for medical treatment or services of a duly 
licensed physician must include services provided by a 
registered nurse who is licensed pursuant to section 148.171 and 
who is certified by the profession to engage in advanced nursing 
practice.  "Advanced nursing practice" means the performance of 
health services by professional nurses who have gained 
additional knowledge and skills through an organized program of 
study and clinical experience preparing nurses for advanced 
practice roles as nurse anesthetists or nurse midwives.  The 
program of study must be beyond the education required for 
registered nurse licensure and must meet criteria established by 
the professional nursing organization having authority to 
certify the registered nurse in advanced nursing practice, and 
appear on a list established and maintained by the board of 
nursing through rulemaking.  
     This subdivision is intended to provide payment of benefits 
for treatment and services by a licensed registered nurse 
certified in advanced nursing practice as defined in this 
subdivision and is not intended to add to the benefits provided 
for in these policies or contracts. 
    Subd. 4.  [DENIAL OF BENEFITS.] No carrier referred to in 
subdivision 1 shall may, in the payment of claims to employees 
in this state, deny benefits payable for services covered by the 
policy or contract if the services are lawfully performed by a 
duly licensed chiropractor, licensed optometrist, or a 
registered nurse meeting the requirements of subdivision 3a. 
    Approved June 1, 1983