Certifications in the paid family and medical leave insurance program by foreign providers limited, and suspension of certifications based on credible allegations of fraud and certain convictions required.

A bill for an act

relating to employment; limiting certifications in the paid family and medical leave

insurance program by foreign providers; requiring suspension of certifications by

foreign providers based on credible allegations of fraud and certain convictions;

amending Minnesota Statutes 2024, sections 268B.01, subdivision 24; 268B.06,

by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 268B.01, subdivision 24, is amended to read:

Subd. 24.

Health care provider.

"Health care provider" means:

(1) an individual who is licensed, certified, or otherwise authorized under
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the
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law
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of this

state or any state, commonwealth, district, or territory of the United States
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to practice in the

individual's scope of practice as a physician; physician assistant; podiatrist; osteopath;

surgeon; advanced practice registered nurse; an alcohol and drug counselor as defined in

section
148F.01, subdivision 5
; or a mental health professional as defined in section
245I.02
,

subdivision 27;
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or
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(2) an individual who is licensed under the law of a foreign country to practice in the

individual's scope of practice as a physician; or

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(2)
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(3)
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any other individual
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practicing within any state, commonwealth, district, or

territory of the United States
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determined by the commissioner by rule, in accordance with

the rulemaking procedures in the Administrative Procedure Act, to be capable of providing

health care services.

Sec. 2.

Minnesota Statutes 2024, section 268B.06, is amended by adding a subdivision to

read:

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Subd. 3a.

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Certification by foreign physician; suspension following credible allegations

of fraud.

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(a) As used in this subdivision, "credible allegation" means an allegation which

has been verified by the state from any source, including but not limited to:

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(1) fraud hotline complaints;

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(2) claims data mining; and

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(3) patterns identified through provider audits, civil false claims cases, and law

enforcement investigations.

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(b) If the commissioner determines that there is a credible allegation that a physician

licensed by a foreign country has filed a false certification or otherwise committed fraud in

any other program, the commissioner must suspend the processing of all further certifications

until the commissioner determines there is insufficient evidence of fraud by the physician.

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(c) A physician licensed by a foreign country who has been convicted of any of the

following offenses is disqualified from filing a certification:

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(1) section 256.98;

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(2) section 609.465;

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(3) section 609.466;

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(4) section 609.496;

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(5) section 609.497;

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(6) section 609.52;

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(7) section 609.542; or

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(8) a statute from another state or jurisdiction in conformity with any of those sections.

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