1998 Minnesota Statutes

     62Q.11 Dispute resolution. 

    Subdivision 1.    Established.  The commissioners of 
 health and commerce shall make dispute resolution processes 
 available to encourage early settlement of disputes in order to 
 avoid the time and cost associated with litigation and other 
 formal adversarial hearings.  For purposes of this section, 
 "dispute resolution" means the use of negotiation, mediation, 
 arbitration, mediation-arbitration, neutral fact finding, and 
 minitrials.  These processes shall be nonbinding unless 
 otherwise agreed to by all parties to the dispute. 

    Subd. 2.    Requirements.  (a) If an enrollee, health 
 care provider, or applicant for network provider status chooses 
 to use a dispute resolution process prior to the filing of a 
 formal claim or of a lawsuit, the health plan company must 
 participate. 

    (b) If an enrollee, health care provider, or applicant for 
 network provider status chooses to use a dispute resolution 
 process after the filing of a lawsuit, the health plan company 
 must participate in dispute resolution, including, but not 
 limited to, alternative dispute resolution under rule 114 of the 
 Minnesota general rules of practice. 

    (c) The commissioners of health and commerce shall inform 
 and educate health plan companies' enrollees about dispute 
 resolution and its benefits, and shall establish appropriate 
 cost-sharing requirements for parties taking part in alternative 
 dispute resolution. 

    (d) A health plan company may encourage but not require an 
 enrollee to submit a complaint to alternative dispute resolution.

    HIST: 1994 c 625 art 2 s 19; 1995 c 234 art 2 s 24