§ 62D.22 — STATUTORY CONSTRUCTION AND RELATIONSHIP TO OTHER LAWS

Minnesota § 62D.22

• Jurisdiction: Minnesota
• Part: INSURANCE
• Ch. 62D: HEALTH MAINTENANCE ORGANIZATIONS

Text

Subdivision 1.Applicability.
Except as otherwise provided herein, sections62D.01to62D.30do 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 sections62D.01to62D.30shall not be deemed to be practicing a healing art.

Subd. 4.Federal law.
To the extent that it furthers the purposes of sections62D.01to62D.30, the commissioner of health shall attempt to coordinate the operations of sections62D.01to62D.30relating 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 sections62A.01to62A.42and62D.01to62D.30, 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 sections62D.01to62D.30.

Subd. 5a.Application of other law.
Effective July 1, 2025, sections145D.30to145D.37apply to nonprofit health maintenance organizations operating under this chapter.

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[Repealed,1982 c 614 s 12]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 section43A.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 sections60K.30to60K.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 sections60K.30to60K.56. Section60K.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 sections62D.01to62D.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.

Legislative 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;2024 c 127 art 57 s 14,15