2004 Minnesota Statutes

     62C.18 Personal liability.  

    Subdivision 1.    Limitation.  No participating provider shall 
 have any 
 right of action against a subscriber for compensation for health 
 services which such provider has rendered, except to the extent 
 that the subscriber's contract does not provide coverage for the 
 services or part of the services rendered.  

    Subd. 2.    Rights of nonparticipating providers; notice.  
 Nothing herein shall affect the rights of a 
 nonparticipating provider who gives the subscriber written 
 notice prior to rendering service that the provider will bill 
 the subscriber directly for service, provided that such notice 
 shall not be required if (1) the nonparticipating provider is 
 not informed by the subscriber and does not otherwise have 
 knowledge that such subscriber has a subscriber contract 
 covering such services, or (2) under the existing circumstances 
 it is impossible or impractical for the nonparticipating 
 provider to give such notice, or (3) the services are not 
 provided in this state.  

    Subd. 3.    Failure of nonparticipating provider to give notice. 
  A nonparticipating provider who fails to give the 
 notice required in subdivision 2 shall not be entitled to 
 recover compensation from a subscriber for health services 
 rendered to such subscriber in an amount in excess of the 
 aggregate of (1) the amount actually received by the subscriber 
 from the service plan corporation as reimbursement for the costs 
 of such service, and (2) the amount by which such 
 nonparticipating provider's fee or charges for such service 
 exceeds the coverage provided for such service in the 
 subscriber's contract.  

    HIST: 1971 c 568 s 18; 1986 c 444