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Minnesota Legislature

Office of the Revisor of Statutes

62J.71 PROHIBITED PROVIDER CONTRACTS.
    Subdivision 1. Prohibited agreements and directives. The following types of agreements
and directives are contrary to state public policy, are prohibited under this section, and are null
and void:
(1) any agreement or directive that prohibits a health care provider from communicating
with an enrollee with respect to the enrollee's health status, health care, or treatment options, if
the health care provider is acting in good faith and within the provider's scope of practice as
defined by law;
(2) any agreement or directive that prohibits a health care provider from making a
recommendation regarding the suitability or desirability of a health plan company, health insurer,
or health coverage plan for an enrollee, unless the provider has a financial conflict of interest in
the enrollee's choice of health plan company, health insurer, or health coverage plan;
(3) any agreement or directive that prohibits a provider from providing testimony, supporting
or opposing legislation, or making any other contact with state or federal legislators or legislative
staff or with state and federal executive branch officers or staff;
(4) any agreement or directive that prohibits a health care provider from disclosing accurate
information about whether services or treatment will be paid for by a patient's health plan
company or health insurer or health coverage plan; and
(5) any agreement or directive that prohibits a health care provider from informing an
enrollee about the nature of the reimbursement methodology used by an enrollee's health plan
company, health insurer, or health coverage plan to pay the provider.
    Subd. 2. Persons and entities affected. The following persons and entities shall not enter
into any agreement or directive that is prohibited under this section:
(1) a health plan company;
(2) a health care network cooperative as defined under section 62R.04, subdivision 3; or
(3) a health care provider as defined in section 62J.70, subdivision 2.
    Subd. 3. Retaliation prohibited. No person, health plan company, or other organization may
take retaliatory action against a health care provider solely on the grounds that the provider:
(1) refused to enter into an agreement or provide services or information in a manner that is
prohibited under this section or took any of the actions listed in subdivision 1;
(2) disclosed accurate information about whether a health care service or treatment is covered
by an enrollee's health plan company, health insurer, or health coverage plan;
(3) discussed diagnostic, treatment, or referral options that are not covered or are limited by
the enrollee's health plan company, health insurer, or health coverage plan;
(4) criticized coverage of the enrollee's health plan company, health insurer, or health
coverage plan; or
(5) expressed personal disagreement with a decision made by a person, organization, or
health care provider regarding treatment or coverage provided to a patient of the provider, or
assisted or advocated for the patient in seeking reconsideration of such a decision, provided the
health care provider makes it clear that the provider is acting in a personal capacity and not as a
representative of or on behalf of the entity that made the decision.
    Subd. 4. Exclusion. (a) Nothing in this section prohibits an entity that is subject to this
section from taking action against a provider if the entity has evidence that the provider's actions
are illegal, constitute medical malpractice, or are contrary to accepted medical practices.
(b) Nothing in this section prohibits a contract provision or directive that requires any
contracting party to keep confidential or to not use or disclose the specific amounts paid to a
provider, provider fee schedules, provider salaries, and other proprietary information of a specific
entity that is subject to this section.
History: 1997 c 237 s 3; 1998 c 407 art 2 s 10-12