1.1.................... moves to amend H.F. No. 3073, the second engrossment, as follows:
1.2Page 1, delete section 2
1.3Page 2, line 19, delete "DEAUTHORIZATION OF PROVIDERS FROM
1.4RECEIVING" and insert "LICENSING AUTHORITY PENALTIES"
1.5Page 2, delete line 20
1.6Page 2, delete subdivision 2
1.7Page 3, delete subdivision 3 and insert:
1.8    "Subd. 2. Authority to impose penalties. In addition to any other disciplinary
1.9authority available, an appropriate licensing authority upon finding, after investigation
1.10as provided in subdivision 5, or referral by the commissioner, that a provider engaged in
1.11prohibited activities set forth in subdivision 4, may, by order:
1.12(1) remove authorization for a provider of medical services to demand or request
1.13payment under chapter 65B for medical services;
1.14(2) impose an administrative penalty against a provider of medical services not
1.15exceeding $25,000 per incident and not more than double the economic benefit derived
1.16by the provider of medical services in engaging in the prohibited activities set forth in
1.17subdivision 4; or
1.18(3) order restitution by the provider of medical services of any proceeds received
1.19by the provider of medical services in engaging in the prohibited activities set forth in
1.20subdivision 4.
1.21    Subd. 3. Factors to consider in imposing penalties. (a) In determining the
1.22penalties imposed under subdivision 2, the licensing authority must consider:
1.23(1) the nature, circumstances, extent, gravity, and number of violations;
1.24(2) the degree of culpability of the violator;
1.25(3) prior offenses and repeated violations of the violator; and
1.26(4) any other matter that the appropriate licensing authority considers appropriate
1.27and relevant.
2.1(b) If an administrative penalty is not paid after all rights of appeal have been
2.2waived or exhausted, the appropriate licensing authority may bring a civil action in a court
2.3of competent jurisdiction to collect the administrative penalty, including expenses and
2.4litigation costs, reasonable attorney fees, and interest.
2.5(c) This section does not affect the right to take any independent action to seek
2.6recovery against a person who violates this section.
2.7    Subd. 4. Prohibited activities. A provider may be subject to the penalties as
2.8set forth in subdivision 2, if an appropriate licensing board has found the provider, in
2.9connection with medical services rendered, to have:
2.10(1) committed professional misconduct;
2.11(2) practiced outside the provider's professional licensure;
2.12(3) been found guilty of engaging in activities, including the use of runners, in
2.13violation of section 609.612;
2.14(4) unlawfully refused to appear before, or to answer upon request of, a duly
2.15authorized officer of an appropriate licensing authority, any legal question, or to produce
2.16any relevant information concerning conduct in connection with providing medical
2.17services;
2.18(5) been found guilty of engaging in insurance fraud in violation of section 609.611; or
2.19(6) violated the provider conflict of interest restrictions under section 62J.23.
2.20    Subd. 5. Investigation. (a) An appropriate licensing authority may investigate any
2.21reports, allegations, or other information in its possession regarding a provider of medical
2.22services engaging in any of the prohibited activities set forth in subdivision 4.
2.23(b) The commissioner, consistent with the powers granted under section 45.027,
2.24may investigate any reports made under section 45.0135, or other information in the
2.25commissioner's possession, regarding providers of medical services engaging in any of
2.26the prohibited activities set forth in subdivision 4. After conducting an investigation, the
2.27commissioner may refer to the appropriate licensing authority a list of any providers
2.28who the commissioner believes may have engaged in any of the prohibited activities set
2.29forth in subdivision 4 together with a description of the grounds for inclusion on the
2.30list. Within 60 days of receipt of the list, the appropriate licensing authority must notify
2.31the commissioner in writing of any action taken with respect to the provider of medical
2.32services, including whether an order was made under subdivision 2. The appropriate
2.33licensing authority must post on the appropriate licensing authority's Web site a list of
2.34providers for which an order was issued under subdivision 2.
3.1    Subd. 6. Not compensable. If a provider renders medical services to an insured,
3.2notwithstanding issuance of an order under subdivision 2, paragraph (1), those medical
3.3services are not compensable under chapter 65B and may not be billed to the insured."
3.4Renumber the sections in sequence and correct the internal references
3.5Amend the title accordingly