2001 Minnesota Statutes

     144.1489 Obligations of participants. 

    Subdivision 1.    Contract required.  Before starting 
 the period of obligated service, a participant must sign a 
 contract with the commissioner that specifies the obligations of 
 the participant and the commissioner. 

    Subd. 2.    Obligated service.  A participant shall 
 agree in the contract to fulfill the period of obligated service 
 by providing primary health care services in full-time clinical 
 practice.  The service must be provided in a nonprofit private 
 or public entity that is located in and providing services to a 
 federally designated health professional shortage area and that 
 has been designated as an eligible site by the commissioner 
 under the state loan repayment program. 

    Subd. 3.    Length of service.  Participants must agree 
 to provide obligated service for a minimum of two years.  A 
 participant may extend a contract to provide obligated service 
 for a third and fourth year, subject to approval by the 
 commissioner and the availability of federal and state funding. 

    Subd. 4.    Affidavit of service required.  Before 
 receiving loan repayment, annually thereafter, and as requested 
 by the commissioner, a participant shall submit an affidavit to 
 the commissioner stating that the participant is providing the 
 obligated service and which is signed by a representative of the 
 organizational entity in which the service is provided.  
 Participants must provide written notice to the commissioner 
 within 30 days of:  a change in name or address, a decision not 
 to fulfill a service obligation, or cessation of clinical 
 practice. 

    Subd. 5.    Tax responsibility.  The participant is 
 responsible for reporting on federal income tax returns any 
 amount paid by the state on designated loans, if required to do 
 so under federal law. 

    Subd. 6.    Nondiscrimination requirements.  
 Participants are prohibited from charging a higher rate for 
 professional services than the usual and customary rate 
 prevailing in the area where the services are provided.  If a 
 patient is unable to pay this charge, a participant shall charge 
 the patient a reduced rate or not charge the patient.  
 Participants must agree not to discriminate on the basis of 
 ability to pay or status as a Medicare or medical assistance 
 enrollee.  Participants must agree to accept assignment under 
 the Medicare program and to serve as an enrolled provider under 
 medical assistance. 

    HIST: 1993 c 345 art 11 s 18; 1995 c 212 art 3 s 47-49; 1995 c 
 234 art 8 s 38-40; 1999 c 247 s 13,14