Minnesota has released its 2014 reporting template, which is a revision of its 2011 reporting template, to reflect recent changes in its transparency law. Like other states, Minnesota has revised its law in a manner that does not overlap with federal Open Payments requirements.
Minnesota Statute Section 151.01 was amended earlier this year and expands the definition of “practitioner” in relation to Minnesota’s transparency requirements (captured in Section 151.252) and gift ban (captured in Section 151.451). The definition of “practitioner” includes: a licensed doctor of medicine, licensed doctor of osteopathy, licensed doctor of dentistry, licensed doctor of optometry, licensed podiatrist, and licensed veterinarian. For Minnesota transparency and gift ban purposes, “practitioner” also includes: a physician assistant authorized to prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse authorized to prescribe, dispense, and administer under section 148.235, or a dental therapist authorized to dispense and administer under chapter 150A.
For the purposes of transparency, Section 151.252 states that manufacturers shall provide an annual report of all payments, honoraria, reimbursement or other compensation paid to practitioners in Minnesota for the previous calendar year. The report must include payments totaling $100 or more to an individual practitioner, identifying information about the practitioner, as well as the nature or purpose of the payment. Importantly, this Section limits the reporting requirement to those which do not overlap with federal Open Payments requirements. Thus, only Minnesota-licensed physician assistants, advanced practice nurses, dental therapists and veterinarians are reportable.
The new reporting template reflects this change in the law specifying in the “Background information and instruction” section of the template. To ensure compliance ahead of the 2015 reporting deadline, clients should confirm that aggregate spend capture systems include these practitioner types. In addition, companies should update all relevant aggregate spend and gifts and entertainment policies and procedures, as well as provide training for their Minnesota field force on these new aspects of the law.