Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Description.
Any arrangement or agreement between a chiropractor and a
patient for a course of future treatment for which funds in an amount of $1,000
or more are collected in advance of these services shall be considered a prepay
plan within the meaning of this part.
Subp. 2.
Escrow account.
A. All funds received in connection with
prepay plans shall be deposited into a designated escrow account insured by the
FDIC, and shall not be commingled with a chiropractor's personal or business
account.
(1) All instruments, including
checks and deposit slips, shall bear the phrase "Escrow Account."
(2) The chiropractor shall maintain a clear
accounting of all funds received, including the date and from whom the funds
were received.
(3) The chiropractor
shall maintain a clear accounting of all disbursements including the dates and
to whom the disbursements were made, and to which patient the disbursements are
to be applied or accounted for.
(4)
No more than one account is required regardless of the number of prepay plans
maintained by the chiropractor.
B. Funds may only be transferred out of the
escrow account for the following reasons:
(1)
After services, goods, or appliances have been provided to the patient, and
only in the amounts specifically related to the services, goods, or appliances
provided.
(2) To reimburse the
patient any amounts owed following a notice by either the patient or the
chiropractor to terminate the prepay plan. Any amounts shall be transferred
according to the written agreement.
C. The chiropractor shall cause a
reconciliation of the escrow account to be made no less than quarterly, and
shall retain a copy of the reconciliations and all supporting documents for no
less than seven years.
Subp.
3.
Written plans.
All prepay plans shall be in writing, signed by both the
chiropractor and the patient, with a copy provided to the patient and a copy
maintained in the patient's record, and shall include at least the
following:
A. A list of all services,
goods, and appliances which are covered by the plan.
B. A list of all fees related to the services
described in item A.
C. A statement
that an accounting may be requested by the patient at any time.This accounting
shall:
(1) be provided to the patient within
14 days of a written or verbal request; and
(2) itemize all fees used to calculate any
reimbursement.
D. An
explanation of the reimbursement policies and formulae which are used in
returning unused funds to the patient in the event of early termination by
either the chiropractor or the patient.
E. An explanation of any policy modifying the
plan in the event of a new injury, such as an auto injury or worker's
compensation injury. This explanation shall be separately initialed by the
patient.
F. A provision that the
patient will be notified in writing when the patient's account reaches a zero
balance.
G. A statement that the
patient has the right to cancel the prepay plan without penalty within three
business days of entering into the plan by submitting a written and signed
cancellation notice, and upon the chiropractor's receipt of the cancellation
notice, the chiropractor shall have seven days to fully refund any unused funds
to the patient. This right of cancellation shall not be waived or otherwise
surrendered.
Subp. 4.
Limitation on number of service treatment dates per plan.
A. No prepay plan may be based upon a package
which would exceed 50 visits per individual.
B. A plan may not be renewed until the visits
in the previous plan for that individual have been exhausted.
Subp. 5.
Billing to
third-party payors.
A chiropractor shall not bill a reimbursement entity or a
patient for any amount exceeding what is actually earned and disbursed to the
chiropractor.
