62A.046 COORDINATION OF BENEFITS.
Subdivision 1. Limitation on denial of coverage; payment.
No group contract providing
coverage for hospital and medical treatment or expenses issued or renewed after August 1,
1984, which is responsible for secondary coverage for services provided, may deny coverage or
payment of the amount it owes as a secondary payor solely on the basis of the failure of another
group contract, which is responsible for primary coverage, to pay for those services.
Subd. 2. Dependent coverage.
A group contract which provides coverage of a claimant as a
dependent of a parent who has legal responsibility for the dependent's medical care pursuant to
a court order under section
must make payments directly to the provider of care, the
custodial parent, or the Department of Human Services pursuant to section
. In such
cases, liability to the insured is satisfied to the extent of benefit payments made under this section.
Subd. 3. Application.
This section applies to an insurer, a vendor of risk management
services regulated under section
, a nonprofit health service plan corporation regulated
under chapter 62C and a health maintenance organization regulated under chapter 62D. Nothing
in this section shall require a secondary payor to pay the obligations of the primary payor nor
shall it prevent the secondary payor from recovering from the primary payor the amount of any
obligation of the primary payor that the secondary payor elects to pay.
Subd. 4. Deductible provision.
Payments made by an enrollee or by the commissioner on
behalf of an enrollee in the MinnesotaCare program under sections
a person receiving benefits under chapter 256B or 256D, for services that are covered by the
policy or plan of health insurance shall, for purposes of the deductible, be treated as if made
by the insured.
Subd. 5. Payment recovery.
The commissioner of human services shall recover payments
made by the MinnesotaCare program from the responsible insurer, for services provided by the
MinnesotaCare program and covered by the policy or plan of health insurance.
Subd. 6. Coordination of benefits.
Insurers, vendors of risk management services, nonprofit
health service plan corporations, fraternals, and health maintenance organizations may coordinate
benefits to prohibit greater than 100 percent coverage when an insured, subscriber, or enrollee
is covered by both an individual and a group contract providing coverage for hospital and
medical treatment or expenses. Benefits coordinated under this paragraph must provide for
100 percent coverage of an insured, subscriber, or enrollee. To the extent appropriate, all
coordination of benefits provisions currently applicable by law or rule to insurers, vendors of
risk management services, nonprofit health service plan corporations, fraternals, and health
maintenance organizations, shall apply to coordination of benefits between individual and group
contracts, except that the group contract shall always be the primary plan. This paragraph does
not apply to specified accident, hospital indemnity, specified disease, or other limited benefit
History: 1984 c 538 s 2; 1984 c 655 art 2 s 6 subd 1; 1987 c 370 art 2 s 1; 1989 c 282 art 3 s
2; 1990 c 404 s 1; 1992 c 549 art 4 s 19; 1995 c 207 art 10 s 2; 1995 c 234 art 8 s 56; 2005 c
164 s 29; 1Sp2005 c 7 s 28; 2006 c 280 s 46