Bill Text: MN SF2342 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Auto insurance claims practices modifications and medical treatment solicitation provisions
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2012-05-07 - Secretary of State Chapter 255 04/30/12 [SF2342 Detail]
Download: Minnesota-2011-SF2342-Engrossed.html
1.2relating to commerce; regulating auto insurance claims practices;amending
1.3Minnesota Statutes 2010, sections 65B.54, subdivision 6; 609.612, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 65B.54, subdivision 6, is amended to read:
1.6 Subd. 6. Unethical practices. (a) A licensed health care provider shall not initiate
1.7direct contact, in person, over the telephone, or by other electronic means, with any person
1.8who has suffered an injury arising out of the maintenance or use of an automobile, for the
1.9purpose of influencing that person to receive treatment or to purchase any good or item
1.10from the licensee or anyone associated with the licensee. This subdivision prohibits such
1.11direct contact whether initiated by the licensee individually or on behalf of the licensee by
1.12any employee, independent contractor, agent, or third party, including a capper, runner, or
1.13steerer, as defined in section 609.612, subdivision 1, paragraph (c). This subdivision does
1.14not apply when an injured person voluntarily initiates contact with a licensee.
1.15 (b) This subdivision does not prohibit licensees, or persons acting on their behalf,
1.16from mailing advertising literature directly to such persons, so long as:
1.17 (1) the word "ADVERTISEMENT" appears clearly and conspicuously at the
1.18beginning of the written materials;
1.19 (2) the name of the individual licensee appears clearly and conspicuously within
1.20the written materials;
1.21 (3) the licensee is clearly identified as a licensed health care provider within the
1.22written materials; and
2.1 (4) the licensee does not initiate, individually or through any employee, independent
2.2contractor, agent, or third party, direct contact with the person after the written materials
2.3are sent.
2.4 (c) This subdivision does not apply to:
2.5 (1) advertising that does not involve direct contact with specific prospective
2.6patients, in public media such as telephone directories, professional directories, ads in
2.7newspapers and other periodicals, radio or television ads, Web sites, billboards, mailed
2.8or electronically transmitted communication, or similar media if such advertisements
2.9comply with paragraph (d);
2.10 (2) general marketing practices, other than those described in clause (1), such as
2.11giving lectures; participating in special events, trade shows, or meetings of organizations;
2.12or making presentations relative to the benefits ofchiropractic a specific medical treatment;
2.13 (3) contact with friends or relatives, or statements made in a social setting;
2.14 (4) direct contact initiated by an ambulance service licensed under chapter 144E, a
2.15medical response unit registered under section144E.275 , or by the emergency department
2.16of a hospital licensed under chapter 144, for the purpose of rendering emergency care; or
2.17 (5) a situation in which the injured person:
2.18 (i) had a prior professional relationship with the licensee;
2.19 (ii) has selected that licensee as the licensee from whom the injured person receives
2.20health care; or
2.21 (iii) has received treatment related to the accident from the licensee.
2.22 (d) For purposes of this paragraph, "legal name," for an individual means the
2.23name under which an individual is licensed or registered as a health care professional in
2.24Minnesota or an adjacent state, and for a business entity, a name under which the entity
2.25is registered with the secretary of state in Minnesota or an adjacent state, so long as the
2.26name does not include any misleading description of the nature of its health care practice;
2.27and "health care provider" means an individual or business entity that provides medical
2.28treatment of an injury eligible as a medical expense claim under this chapter. In addition
2.29to any laws governing, or rules adopted by, a health care provider licensing board, any
2.30solicitation or advertisement for medical treatment, or for referral for medical treatment,
2.31of an injury eligible for treatment under this chapter must: (1) be undertaken only by
2.32or at the direction of a health care provider; (2) prominently display or reference the
2.33legal name of the health care provider; (3) display or reference the license type of the
2.34health care provider, or in the case of a health care provider that is a business entity, the
2.35license type of all of the owners of the health care provider but need not include the
2.36names of the owners; (4) not contain any false, deceptive, or misleading information,
3.1or misrepresent the services to be provided; (5) not include any reference to the dollar
3.2amounts of the potential benefits under this chapter; and (6) not imply endorsement by
3.3any law enforcement personnel or agency.
3.4(e) A violation of this subdivision is grounds for the licensing authority to take
3.5disciplinary action against the licensee, including revocation in appropriate cases.
3.6EFFECTIVE DATE.This section is effective January 1, 2013.
3.7 Sec. 2. Minnesota Statutes 2010, section 609.612, subdivision 1, is amended to read:
3.8 Subdivision 1. Definitions. (a) As used in this section, the following terms have
3.9the meanings given.
3.10(b) "Public media" means telephone directories, professional directories, newspapers
3.11and other periodicals, radio and television, billboards, and mailed or electronically
3.12transmitted written communications that do not involve in-person contact with a specific
3.13prospective patient or client.
3.14(c) "Runner," "capper," or "steerer" means a person who for a pecuniary gain
3.15directly procures or solicits prospective patientsor clients through telephonic, electronic,
3.16or written communication, or in-person contact, at the direction of, or in cooperation with,
3.17a health care provider when the person knows or has reason to know that the provider's
3.18purpose is tofraudulently perform or obtain services or benefits under or relating to a
3.19contract of motor vehicle insurance. The term runner, capper, or steerer does not include a
3.20person who solicits or procures clients either through public media, or consistent with the
3.21requirements of section 65B.54, subdivision 6.
3.22EFFECTIVE DATE.This section is effective January 1, 2013.
1.3Minnesota Statutes 2010, sections 65B.54, subdivision 6; 609.612, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 65B.54, subdivision 6, is amended to read:
1.6 Subd. 6. Unethical practices. (a) A licensed health care provider shall not initiate
1.7direct contact, in person, over the telephone, or by other electronic means, with any person
1.8who has suffered an injury arising out of the maintenance or use of an automobile, for the
1.9purpose of influencing that person to receive treatment or to purchase any good or item
1.10from the licensee or anyone associated with the licensee. This subdivision prohibits such
1.11direct contact whether initiated by the licensee individually or on behalf of the licensee by
1.12any employee, independent contractor, agent, or third party, including a capper, runner, or
1.13steerer, as defined in section 609.612, subdivision 1, paragraph (c). This subdivision does
1.14not apply when an injured person voluntarily initiates contact with a licensee.
1.15 (b) This subdivision does not prohibit licensees, or persons acting on their behalf,
1.16from mailing advertising literature directly to such persons, so long as:
1.17 (1) the word "ADVERTISEMENT" appears clearly and conspicuously at the
1.18beginning of the written materials;
1.19 (2) the name of the individual licensee appears clearly and conspicuously within
1.20the written materials;
1.21 (3) the licensee is clearly identified as a licensed health care provider within the
1.22written materials; and
2.1 (4) the licensee does not initiate, individually or through any employee, independent
2.2contractor, agent, or third party, direct contact with the person after the written materials
2.3are sent.
2.4 (c) This subdivision does not apply to:
2.5 (1) advertising that does not involve direct contact with specific prospective
2.6patients, in public media such as telephone directories, professional directories, ads in
2.7newspapers and other periodicals, radio or television ads, Web sites, billboards, mailed
2.8or electronically transmitted communication, or similar media if such advertisements
2.9comply with paragraph (d);
2.10 (2) general marketing practices, other than those described in clause (1), such as
2.11giving lectures; participating in special events, trade shows, or meetings of organizations;
2.12or making presentations relative to the benefits of
2.13 (3) contact with friends or relatives, or statements made in a social setting;
2.14 (4) direct contact initiated by an ambulance service licensed under chapter 144E, a
2.15medical response unit registered under section
2.16of a hospital licensed under chapter 144, for the purpose of rendering emergency care; or
2.17 (5) a situation in which the injured person:
2.18 (i) had a prior professional relationship with the licensee;
2.19 (ii) has selected that licensee as the licensee from whom the injured person receives
2.20health care; or
2.21 (iii) has received treatment related to the accident from the licensee.
2.22 (d) For purposes of this paragraph, "legal name," for an individual means the
2.23name under which an individual is licensed or registered as a health care professional in
2.24Minnesota or an adjacent state, and for a business entity, a name under which the entity
2.25is registered with the secretary of state in Minnesota or an adjacent state, so long as the
2.26name does not include any misleading description of the nature of its health care practice;
2.27and "health care provider" means an individual or business entity that provides medical
2.28treatment of an injury eligible as a medical expense claim under this chapter. In addition
2.29to any laws governing, or rules adopted by, a health care provider licensing board, any
2.30solicitation or advertisement for medical treatment, or for referral for medical treatment,
2.31of an injury eligible for treatment under this chapter must: (1) be undertaken only by
2.32or at the direction of a health care provider; (2) prominently display or reference the
2.33legal name of the health care provider; (3) display or reference the license type of the
2.34health care provider, or in the case of a health care provider that is a business entity, the
2.35license type of all of the owners of the health care provider but need not include the
2.36names of the owners; (4) not contain any false, deceptive, or misleading information,
3.1or misrepresent the services to be provided; (5) not include any reference to the dollar
3.2amounts of the potential benefits under this chapter; and (6) not imply endorsement by
3.3any law enforcement personnel or agency.
3.4(e) A violation of this subdivision is grounds for the licensing authority to take
3.5disciplinary action against the licensee, including revocation in appropriate cases.
3.6EFFECTIVE DATE.This section is effective January 1, 2013.
3.7 Sec. 2. Minnesota Statutes 2010, section 609.612, subdivision 1, is amended to read:
3.8 Subdivision 1. Definitions. (a) As used in this section, the following terms have
3.9the meanings given.
3.10(b) "Public media" means telephone directories, professional directories, newspapers
3.11and other periodicals, radio and television, billboards, and mailed or electronically
3.12transmitted written communications that do not involve in-person contact with a specific
3.13prospective patient or client.
3.14(c) "Runner," "capper," or "steerer" means a person who for a pecuniary gain
3.15directly procures or solicits prospective patients
3.16or written communication, or in-person contact, at the direction of, or in cooperation with,
3.17a health care provider when the person knows or has reason to know that the provider's
3.18purpose is to
3.19contract of motor vehicle insurance. The term runner, capper, or steerer does not include a
3.20person who solicits or procures clients either through public media, or consistent with the
3.21requirements of section 65B.54, subdivision 6.
3.22EFFECTIVE DATE.This section is effective January 1, 2013.
