62A.61 DISCLOSURE OF METHODS USED BY HEALTH CARRIERS TO DETERMINE
USUAL AND CUSTOMARY FEES.
(a) A health carrier that bases reimbursement to health care providers upon a usual and
customary fee must maintain in its office a copy of a description of the methodology used to
calculate fees including at least the following:
(1) the frequency of the determination of usual and customary fees;
(2) a general description of the methodology used to determine usual and customary fees; and
(3) the percentile of usual and customary fees that determines the maximum allowable
(b) A health carrier must provide a copy of the information described in paragraph (a) to the
commissioner of health or the commissioner of commerce, upon request.
(c) The commissioner of health or the commissioner of commerce, as appropriate, may use to
enforce this section any enforcement powers otherwise available to the commissioner with respect
to the health carrier. The commissioner of health or commerce, as appropriate, may require health
carriers to provide the information required under this section and may use any powers granted
under other laws relating to the regulation of health carriers to enforce compliance.
(d) For purposes of this section, "health carrier" has the meaning given in section
(e) "Usual and customary" means the normal charge, in the absence of insurance, of the
provider for a service or article, but not more than the prevailing charge in the area for like
service or article. A "like service" is the same nature and duration, requires the same skill, and
is performed by a provider of similar training and experience. A "like article" is one that is
identically or substantially equivalent. "Area" means the municipality or, in the case of a large
city, a subdivision of the city, in which the service or article is actually provided or a greater area
as is necessary to obtain a representative cross-section of charges for like service or article.
History: 1993 c 345 art 8 s 3; 1997 c 225 art 2 s 5; 1999 c 177 s 40