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Minnesota Legislature

Office of the Revisor of Statutes

62J.73 PROHIBITION ON EXCLUSIVE ARRANGEMENTS.

Subdivision 1.Prohibition on exclusive relationships.

No provider, group of providers, or health plan company shall restrict a person's right to provide health services or procedures to another provider, group of providers, or health plan company, unless the person is an employee.

Subd. 2.Prohibition on restrictive contract terms.

No provider, group of providers, or person providing goods or health services to a provider shall enter into a contract or subcontract with a health plan company or group of providers on terms that require the provider, group of providers, or person not to contract with another health plan company, unless the provider or person is an employee.

Subd. 3.Prohibition regarding essential facilities and services.

(a) No health plan company, provider, or group of providers may withhold from its competitors health care services, which are essential for competition between health care providers within the meaning of the essential facilities doctrine as interpreted by the federal courts.

(b) This subdivision should be construed as an instruction to state court in interpreting federal law.

Subd. 4.Violations.

Any provider or other individual who believes provisions of this section may have been violated may file a complaint with the attorney general's office regarding a possible violation of this section.

History:

1997 c 237 s 5