Work comp: Improper collection, attempts to collect payment

• Model notice to health care provider regarding attempted collection or collection of payment for medical services from employee

In April 2021, the Minnesota Legislature passed new language in Minnesota Statutes § 176.136, subdivision 2a, related to penalties, costs and expenses for improper collection or attempts to collect payment for workers' compensation medical services from an employee.

As part of this new language, a penalty may not be assessed unless there is documentation that the health care provider or health care provider's representative has been provided with written notice that the attempted collection or collection of payment from an employee is prohibited by workers' compensation law and that penalties may be assessed.

The Department of Labor and Industry (DLI) is required to post a model notice on its website. The model notice is presumed to provide sufficient notice under Minn. Stat. § 176.136, subd. 2a, when provided to a health care provider's billing office by any agency or person.

If you have further questions about attempts to collect payment for medical services from an injured worker, email DLI’s medical policy staff at medical.policy.dli@state.mn.us.