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Minnesota Legislature

Office of the Revisor of Statutes

62D.22 STATUTORY CONSTRUCTION AND RELATIONSHIP TO OTHER LAWS.
    Subdivision 1. Applicability. Except as otherwise provided herein, sections 62D.01 to
62D.30 do not apply to an insurer or nonprofit health service plan corporation licensed and
regulated pursuant to the laws governing such corporations in this state.
    Subd. 2. Solicitation of enrollees. Solicitation of enrollees by a health maintenance
organization granted a certificate of authority, or its representatives, shall not be construed to
violate any provision of law relating to solicitation or advertising by health professionals.
    Subd. 3. Not practicing a healing art. Any health maintenance organization authorized
under sections 62D.01 to 62D.30 shall not be deemed to be practicing a healing art.
    Subd. 4. Federal law. To the extent that it furthers the purposes of sections 62D.01 to
62D.30, the commissioner of health shall attempt to coordinate the operations of sections 62D.01
to 62D.30 relating to the quality of health care services with the operations of United States
Code, title 42, sections 1320c to 1320c-20.
    Subd. 5. Other state law. Except as otherwise provided in sections 62A.01 to 62A.42
and 62D.01 to 62D.30, and except as they eliminate elective, induced abortions, wherever
performed, from health or maternity benefits, provisions of the insurance laws and provisions of
nonprofit health service plan corporation laws shall not be applicable to any health maintenance
organization granted a certificate of authority under sections 62D.01 to 62D.30.
    Subd. 6.[Repealed, 1982 c 614 s 12]
    Subd. 7. Prepaid group practice plan. A licensed health maintenance organization shall be
deemed to be a prepaid group practice plan for the purposes of chapter 43A and may be allowed to
participate as a carrier for state employees subject to any collective bargaining agreement entered
into pursuant to chapter 179A and reasonable restrictions applied pursuant to section 43A.23.
    Subd. 8. Insurance agents. All agents, solicitors, and brokers engaged in soliciting or
dealing with enrollees or prospective enrollees of a health maintenance organization, whether
employees or under contract to the health maintenance organization, shall be subject to the
provisions of sections 60K.30 to 60K.56, concerning the licensure of insurance producers and
lawful rules thereunder. Medical doctors and others who merely explain the operation of health
maintenance organizations shall be exempt from the provisions of sections 60K.30 to 60K.56.
Section 60K.37, subdivision 1, shall not apply except as to provide for an examination of
an applicant in the applicant's knowledge concerning the operations and benefits of health
maintenance organizations and related insurance matters.
    Subd. 9.[Repealed, 1984 c 464 s 46]
    Subd. 10. Access to data. Any person or committee conducting a review of a health
maintenance organization or a participating entity, pursuant to sections 62D.01 to 62D.30, shall
have access to any data or information necessary to conduct the review. All data or information
is subject to admission into evidence in any civil action initiated by the commissioner of health
against the health maintenance organization. The data and information are subject to chapter 13.
History: 1973 c 670 s 22; 1974 c 284 s 6; 1977 c 305 s 45; 1979 c 332 art 1 s 57; 1980 c
617 s 18; 1981 c 122 s 3; 1981 c 210 s 54; 1Sp1981 c 4 art 1 s 50; 1984 c 464 s 42,43; 1985 c
248 s 70; 1Sp1985 c 17 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 8; 1987 c 384 art 2 s 1; 1992 c
564 art 3 s 23; 2001 c 117 art 2 s 9