Minnesota Session Laws - 2009, Regular Session

CHAPTER 45--S.F.No. 245

An act

relating to insurance; providing equal access to acupuncture and a memorial to Edith R. Davis, Minnesota's pioneer acupuncturist; requiring equal access to acupuncture services by certain group policies and subscriber contracts; requiring claim determinations regarding acupuncture services to be made or reviewed by acupuncture practitioners; requiring reporting on referrals to acupuncture practitioners and reimbursement rates;

amending Minnesota Statutes 2008, section 62A.15, subdivision 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62D.

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

Section 1.

Minnesota Statutes 2008, section 62A.15, is amended by adding a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Acupuncture services. new text end

new text begin (a) This subdivision, subdivision 4, and section 62D.107 may be cited as the Equal Access to Acupuncture Act and as a memorial to Edith R. Davis, Minnesota's pioneer acupuncturist. new text end

new text begin (b) All benefits provided by a policy or contract referred to in subdivision 1 relating to expenses for acupuncture services that are provided by a physician must also include acupuncture treatment and services of a licensed acupuncture practitioner to the extent that the acupuncture services and treatment are within the scope of acupuncture practitioner licensure. new text end

new text begin This subdivision is intended to provide equal access to benefits for insureds and subscribers who choose to directly obtain treatment for illness or injury from a licensed acupuncture practitioner, as long as the treatment falls within the scope of practice of the licensed acupuncture practitioner. new text end

new text begin This subdivision is not intended to change or add to the benefits provided for in these policies or contracts. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to coverage issued; renewed; or continued as defined in Minnesota Statutes, section 60A.02, subdivision 2a; on or after that date. new text end

Sec. 2.

Minnesota Statutes 2008, section 62A.15, subdivision 4, is amended to read:

Subd. 4.

Denial of benefits.

(a) No carrier referred to in subdivision 1 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 licensed chiropractor, licensed optometrist, deleted text begin or deleted text end a registered nurse meeting the requirements of subdivision 3a new text begin , or a licensed acupuncture practitioner new text end .

(b) When carriers referred to in subdivision 1 make claim determinations concerning the appropriateness, quality, or utilization of chiropractic health care for Minnesotans, any of these determinations that are made by health care professionals must be made by, or under the direction of, or subject to the review of licensed doctors of chiropractic.

new text begin (c) When a carrier referred to in subdivision 1 makes a denial of payment claim determination concerning the appropriateness, quality, or utilization of acupuncture services for individuals in this state performed by a licensed acupuncture practitioner, a denial of payment claim determination that is made by a health professional must be made by, under the direction of, or subject to the review of a licensed acupuncture practitioner. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to coverage issued; renewed; or continued as defined in Minnesota Statutes, section 60A.02, subdivision 2a; on or after that date. new text end

Sec. 3.

new text begin [62D.107] EQUAL ACCESS TO ACUPUNCTURE SERVICES. new text end

new text begin Subdivision 1. new text end

new text begin Coverage. new text end

new text begin All benefits provided by a health maintenance contract relating to expenses incurred for acupuncture services that are provided by a physician must also include acupuncture treatment and services of a licensed acupuncture practitioner to the extent that the acupuncture services and treatment are within the scope of acupuncture practitioner licensure. This subdivision ensures equal access to benefits for enrollees who choose to directly obtain treatment for illness and injury from a licensed acupuncture practitioner, as long as the treatment falls within the scope of practice of the licensed acupuncture practitioner. new text end

new text begin This subdivision is not intended to change or add to the benefits provided for in these policies or contracts. new text end

new text begin Subd. 2. new text end

new text begin Denial of benefits. new text end

new text begin (a) In the payment of claims for enrollees in this state, no health maintenance organization may deny payment for acupuncture services covered by an enrollee's health maintenance contract if the services are lawfully performed by a licensed acupuncture practitioner. new text end

new text begin (b) When a health maintenance organization makes a denial of payment claim determination concerning the appropriateness, quality, or utilization of acupuncture services for enrollees in this state performed by a licensed acupuncture practitioner, the determination must be made by, under the direction of, or subject to the review of a licensed acupuncture practitioner. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to coverage issued; renewed; or continued as defined in Minnesota Statutes, section 60A.02, subdivision 2a; on or after that date. new text end

Presented to the governor May 5, 2009

Signed by the governor May 7, 2009, 3:42 p.m.