Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 101-H.F.No. 276 
           An act relating to insurance; accident and health; 
          prohibiting the nondiagnostic use of X-rays; proposing 
          coding for new law in Minnesota Statutes, chapter 62A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [62A.19] [PROHIBITION AGAINST NONDIAGNOSTIC 
X-RAYS.] 
    No individual or group policy of dental insurance offered 
for sale to a Minnesota resident by an insurer regulated under 
this chapter, individual or group service plan or subscriber 
contract regulated under chapter 62C, health maintenance 
contract regulated under chapter 62D, or fraternal contract 
benefit regulated under chapter 64B, shall subject any 
policyholder, subscriber, or enrollee to undue exposure to 
radiation by requiring a health care provider to take or obtain 
X-rays that are not directly related to patient care.  
    Any health care provider receiving such a request may 
refuse to provide X-rays not necessary to the diagnosis and 
treatment of the patient.  An insurer, nonprofit health service 
plan corporation, health maintenance organization, fraternal 
benefit society, or dental plan may not deny or withhold 
benefits based solely upon the refusal to provide X-rays.  
Nothing in this section prohibits requests for X-rays or other 
diagnostic aids routinely taken in conjunction with the 
diagnosis and treatment of injury or disease, or routinely 
required by the insurer for preapproval or predetermination of 
treatment.  An insurer may not retroactively request new X-rays 
not taken in conjunction with the diagnosis or treatment of 
injury or disease. 
    Presented to the governor May 14, 1991 
    Signed by the governor May 17, 1991, 11:14 a.m.