2005 Minnesota Statutes - 62J.73 — Prohibition on exclusive arrangements.

     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. 


    HIST: 1997 c 237 s 5