Key: (1) language to be deleted (2) new language
CHAPTER 194-S.F.No. 302
An act relating to health; allowing certain community
health clinics to offer health care services on a
prepaid basis; proposing coding for new law in
Minnesota Statutes, chapter 62Q.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [62Q.22] [HEALTH CARE SERVICES PREPAID OPTION.]
Subdivision 1. [SCOPE.] A community health clinic that is
designated as an essential community provider under section
62Q.19 and is associated with a hospital, a governmental unit,
or the University of Minnesota may offer to individuals and
families the option of purchasing basic health care services on
a fixed prepaid basis without satisfying the requirements of
chapter 60A, 62A, 62C, or 62D, or any other law or rule that
applies to entities licensed under those chapters.
Subd. 2. [REGISTRATION.] A community health clinic that
offers a prepaid option under this section must register on an
annual basis with the commissioner of health.
Subd. 3. [PREMIUMS.] The premiums for a prepaid option
offered under this section must be based on a sliding fee
schedule based on current poverty income guidelines.
Subd. 4. [HEALTH CARE SERVICES.] (a) A prepaid option
offered under this section must provide basic health care
services including:
(1) services for the diagnosis and treatment of injuries,
illnesses, or conditions;
(2) child health supervision services up to age 18, as
defined under section 62A.047; and
(3) preventive health services, including:
(i) health education;
(ii) health supervision, evaluation, and follow-up;
(iii) immunization; and
(iv) early disease detection.
(b) Inpatient hospital services shall not be offered as a
part of a community health clinic's prepaid option. A clinic
may associate with a hospital to provide hospital services to an
individual or family who is enrolled in the prepaid option so
long as these services are not offered as part of the prepaid
option.
(c) All health care services included by the community
health clinic in a prepaid option must be services that are
offered within the scope of practice of the clinic by the
clinic's professional staff.
Subd. 5. [GUARANTEED RENEWABILITY.] A community health
clinic shall not refuse to renew a prepaid option, except for
nonpayment of premiums, fraud, or misrepresentation, or as
permitted under subdivisions 8 and 9, paragraph (b).
Subd. 6. [INFORMATION TO BE PROVIDED.] (a) A community
health clinic must provide an individual or family who purchases
a prepaid option a clear and concise written statement that
includes the following information:
(1) the health care services that the prepaid option
covers;
(2) any exclusions or limitations on the health care
services offered, including any preexisting condition
limitations, cost-sharing arrangements, or prior authorization
requirements;
(3) where the health care services may be obtained;
(4) a description of the clinic's method for resolving
patient complaints, including a description of how a patient can
file a complaint with the department of health; and
(5) a description of the conditions under which the prepaid
option may be canceled or terminated.
(b) The commissioner of health must approve a copy of the
written statement before the community health clinic may offer
the prepaid option described in this section.
Subd. 7. [COMPLAINT PROCESS.] (a) A community health
clinic that offers a prepaid option under this section must
establish a complaint resolution process. As an alternative to
establishing its own process, a community health clinic may use
the complaint process of another organization.
(b) A community health clinic must make reasonable efforts
to resolve complaints and to inform complainants in writing of
the clinic's decision within 60 days of receiving the complaint.
(c) A community health clinic that offers a prepaid option
under this section must report all complaints that are not
resolved within 60 days to the commissioner of health.
Subd. 8. [PUBLIC ASSISTANCE PROGRAM ELIGIBILITY.] A
community health clinic may require an individual or family
enrolled in the clinic's prepaid option to apply for medical
assistance, general assistance medical care, or the
MinnesotaCare program. The clinic must assist the individual or
family in filing the application for the appropriate public
program. If, upon the request of the clinic, an individual or
family refuses to apply for these programs, the clinic may
disenroll the individual or family from the prepaid option at
any time.
Subd. 9. [LIMITATIONS ON ENROLLMENT.] (a) A community
health clinic may limit enrollment in its prepaid option. If
enrollment is limited, a waiting list must be established.
(b) A community health clinic may deny enrollment in its
prepaid option to an individual or family whose gross family
income is greater than 275 percent of the federal poverty
guidelines.
(c) No community health clinic may restrict or deny
enrollment in its prepaid option because of an individual's or a
family's financial limitations, except as permitted under this
subdivision.
Presented to the governor May 19, 1997
Signed by the governor May 20, 1997, 10:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes