2006 Minnesota Statutes

62D.12 PROHIBITED PRACTICES.
    Subdivision 1. False representations. No health maintenance organization or representative
thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or
misleading, or any form of evidence of coverage which is deceptive. Each health maintenance
organization shall be subject to sections 72A.17 to 72A.32, relating to the regulation of trade
practices, except (a) to the extent that the nature of a health maintenance organization renders
such sections clearly inappropriate and (b) that enforcement shall be by the commissioner of
health and not by the commissioner of commerce. Every health maintenance organization shall be
subject to sections 8.31 and 325F.69.
    Subd. 1a. Swing-out products. Notwithstanding subdivision 1, nothing in sections 62A.049,
62A.60, and 72A.201, subdivision 4a, applies to a commercial health policy issued under this
chapter as a companion to a health maintenance contract.
    Subd. 2. Coverage cancellation; nonrenewal. No health maintenance organization may
cancel or fail to renew the coverage of an enrollee except for (a) failure to pay the charge for
health care coverage; (b) termination of the health care plan; (c) termination of the group plan; (d)
enrollee moving out of the area served, subject to section 62A.17, subdivisions 1 and 6, and section
62D.104; (e) enrollee moving out of an eligible group, subject to section 62A.17, subdivisions 1
and 6 , and section 62D.104; (f) failure to make co-payments required by the health care plan; (g)
fraud or misrepresentation by the enrollee with respect to eligibility for coverage or any other
material fact; or (h) other reasons established in rules promulgated by the commissioner of health.
    Subd. 2a. Cancellation or nonrenewal notice. Enrollees shall be given 30 days' notice of
any cancellation or nonrenewal, except that enrollees who are eligible to receive replacement
coverage under section 62D.121, subdivision 1, shall receive 90 days' notice as provided under
section 62D.121, subdivision 5.
    Subd. 3. Use of terms. No health maintenance organization may use in its name, contracts,
or literature any of the words "insurance," "casualty," "surety," "mutual," or any other words
which are descriptive of the insurance, casualty or surety business or deceptively similar to the
name or description of any insurance or surety corporation doing business in this state; provided,
however, that when a health maintenance organization has contracted with an insurance company
for any coverage permitted by sections 62D.01 to 62D.30, it may so state.
    Subd. 4. Enrollee reimbursement. No health maintenance contract or evidence of coverage
shall provide for the reimbursement of an enrollee other than through a policy of insurance,
except as stated in this subdivision:
(a) the health maintenance organization may refund payments made by or on behalf of
an enrollee;
(b) the health maintenance organization may make direct payments to enrollees or providers
for obligations incurred for nonelective emergency or out-of-area services received.
    Subd. 5. Recourse limited. The providers under agreement with a health maintenance
organization to provide health care services shall not have recourse against enrollees or
persons acting on their behalf for amounts above those specified in the evidence of coverage
as co-payments for health care services. The health maintenance organization shall not have
recourse against enrollees or persons acting on their behalf for amounts above those specified in
the evidence of coverage as the periodic prepayment, or co-payment, for health care services.
This subdivision applies but is not limited to the following events:
(1) nonpayment by the health maintenance organization;
(2) insolvency of the health maintenance organization; and
(3) breach of the agreement between the health maintenance organization and the provider.
This subdivision does not limit a provider's ability to seek payment from any person other
than the enrollee, the enrollee's guardian or conservator, the enrollee's immediate family members,
or the enrollee's legal representative in the event of nonpayment by the health maintenance
organization.
    Subd. 6. Nondiscriminatory rates. The rates charged by health maintenance organizations
and their representatives shall not discriminate except in accordance with accepted actuarial
principles.
    Subd. 7.[Repealed, 1984 c 464 s 46]
    Subd. 8. Nondiscriminatory enrollment. No health maintenance organization shall
discriminate in enrollment policy against any person solely by virtue of status as a recipient
of medical assistance or Medicare.
    Subd. 9. Net earnings. All net earnings of the health maintenance organization shall
be devoted to the nonprofit purposes of the health maintenance organization in providing
comprehensive health care. No health maintenance organization shall provide for the payment,
whether directly or indirectly, of any part of its net earnings, to any person as a dividend or rebate;
provided, however, that health maintenance organizations may make payments to providers or
other persons based upon the efficient provision of services or as incentives to provide quality
care. The commissioner of health shall, pursuant to sections 62D.01 to 62D.30, revoke the
certificate of authority of any health maintenance organization in violation of this subdivision.
    Subd. 9a. Authorized expenses. Authorized expenses of a health maintenance organization
shall include:
(1) cash rebates to enrollees, or to persons who have made payments on behalf of enrollees;
(2) direct payments to enrollees or providers as provided in subdivision 4, clause (b);
(3) free or reduced cost health service to enrollees;
(4) payments to any organization or organizations selected by the health maintenance
organization which are operated for charitable, educational, or religious or scientific purposes.
    Subd. 9b. Hospital risk agreement. A health maintenance organization shall not enter
into an agreement with a hospital in which the hospital agrees to assume the financial risk for
services provided by other facilities or providers not owned, operated, or otherwise subject to the
control of the hospital assuming the financial risk.
    Subd. 10. Offsetting. No health maintenance contract or evidence of coverage entered into,
issued, amended, renewed or delivered on or after January 1, 1976 shall contain any provision
offsetting, or in any other manner reducing, any benefit to an enrollee or other beneficiary by the
amount of, or in any proportion to, any increase in disability benefits received or receivable
under the federal Social Security Act, as amended subsequent to the date of commencement of
such benefit, the Railroad Retirement Act, any Veteran's Disability Compensation and Survivor
Benefits Act, workers' compensation, or any similar federal or state law, as amended subsequent
to the date of commencement of that benefit.
    Subd. 11. Dental service rates. Any health maintenance organization which includes
coverage of comprehensive dental services in its comprehensive health maintenance services
shall not include the charge for the dental services in the same rate as the charge for other
comprehensive health maintenance services. The rates for dental services shall be computed, stated
and bid separately. No employer shall be required to purchase dental services in combination with
other comprehensive health services. An employer may purchase dental services separately.
    Subd. 12.[Repealed, 1996 c 310 s 1]
    Subd. 13. Refusal based on workers' compensation. No health maintenance organization
offering an individual or group health maintenance contract shall refuse to provide or renew the
coverage because the applicant or enrollee has an option to elect workers' compensation coverage
pursuant to section 176.041.
    Subd. 14. Telephone number. Each health maintenance organization shall establish a
telephone number, which need not be toll free, that providers may call with questions about
coverage, prior authorization, and approval of medical services. The telephone number must be
staffed by an employee of the health maintenance organization during normal working hours
during the normal work week. After normal working hours, the telephone number must be
equipped with an answering machine and recorded message to allow the caller an opportunity
to leave a message. The health maintenance organization must respond to questions within 24
hours after they are received, excluding weekends and holidays. At the request of a provider, the
health maintenance organization shall provide a copy of the health maintenance contract for
enrollees in the provider's service area.
    Subd. 15. Retaliatory action prohibited. No health maintenance organization may take
retaliatory action against a provider solely on the grounds that the provider disseminated accurate
information regarding coverage of benefits or accurate benefit limitations of an enrollee's contract
or accurate interpreted provisions of the provider agreement that limit the prescribing, providing,
or ordering of care.
    Subd. 16.[Repealed, 1990 c 538 s 32]
    Subd. 17. Disclosure of commissions. Any person receiving commissions for the sale
of coverage or enrollment in a health plan, as defined in section 62A.011, offered by a health
maintenance organization shall, before selling coverage or enrollment, disclose in writing to the
prospective purchaser the amount of any commission or other compensation the person will
receive as a direct result of the sale. The disclosure may be expressed in dollars or as a percentage
of the premium. The amount disclosed need not include any anticipated renewal commissions.
    Subd. 18. Special reinstatement privilege. No health maintenance organization shall fail to
comply with the special reinstatement privilege provided under section 62A.04, subdivision 2,
clause (4), for the Medicare-related coverage referred to in that clause.
    Subd. 19. Coverage of service. A health maintenance organization may not deny or limit
coverage of a service which the enrollee has already received solely on the basis of lack of prior
authorization or second opinion, to the extent that the service would otherwise have been covered
under the member's contract by the health maintenance organization had prior authorization
or second opinion been obtained.
History: 1973 c 670 s 12; 1974 c 284 s 8,9; 1975 c 323 s 4; 1976 c 296 art 1 s 18; 1977 c
305 s 45; 1980 c 614 s 74; 1983 c 289 s 114 subd 1; 1984 c 464 s 30-36; 1984 c 641 s 5; 1984 c
655 art 1 s 92; 1985 c 248 s 70; 1987 c 384 art 2 s 1; 1988 c 434 s 11,12; 1988 c 592 s 8,9; 1988
c 612 s 19,20; 1989 c 330 s 23; 1993 c 345 art 5 s 6; 1994 c 485 s 65; 1994 c 625 art 10 s 13;
1995 c 75 s 2; 1996 c 305 art 1 s 20; 1997 c 205 s 15; 1999 c 177 s 43