ASA Enforcement Overview

Minnesota Statutes, Section 62J.536
Enforcement Overview

The Minnesota Department of Health (MDH) ensures compliance with Minnesota Statutes, section 62J.536 and related rules. The statute provides that:

  • MDH is to achieve voluntary compliance to the extent practicable, and may provide technical assistance;
  • Enforcement will be complaint-driven;
  • MDH may investigate complaints, and is to seek informal resolution of complaints, for example through demonstrated compliance or a completed corrective action plan or other agreement;
  • If informal resolution is not possible, MDH may impose civil money penalties of up to $100 for each violation, but not to exceed $25,000 for identical violations during a calendar year;
  • Mitigating factors, such as whether attempts are being made to come into compliance, may be considered in determining any penalties; and,
  • If a fine is levied, it may be appealed or a contested case hearing requested.

MDH’s enforcement goal is to help assure that routine health care business transactions can flow more rapidly and efficiently—not to collect fines for noncompliance. In enforcing the statute and related rules, MDH will be especially interested in:

  • Whether good faith efforts are being made to comply;
  • The extent of compliance efforts; and
  • Progress toward compliance.

In summary, MDH’s approach to enforcement and meeting the goals for standard, electronic transactions will be flexible, practical, and consistent with an overall statutory enforcement policy of:

  • Seeking voluntary compliance and offering technical assistance;
  • Responding to complaints;
  • Working toward informal resolution of complaints; and
  • Considering possible mitigating factors.

A standard complaint form and has been developed for submitting complaints of noncompliance with MS §62J.536.  Please contact health.asaguides@state.mn.us with any questions and for additional information prior to submitting the form. Please also review the MDH Implementation and Compliance Updates for additional information and updates.

Updated Friday, 27-Mar-2020 10:17:57 CDT