January 29, 2014 -
1. The Petition for Intervention is GRANTED.
2. By 4:30 p.m. on Monday, February 17, 2014, Honor the Earth shall file in the eDocketing system a statement identifying:
(a) an attorney-at-law that will represent the corporation in these proceedings;
(b) a representative that qualifies for one of the exceptions which authorize representation of a corporation by a non-attorney under Minn. Stat. § 481.02; or,
(c) a statute or Commission rule that would permit a non-attorney to represent a corporate party to a certificate of need proceeding.
3. The changes to the service list to reflect Honor the Earth’s party status will await these later filings.
January 27, 2014 - 1. The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400.
2. According to 2013 Minn. Laws, ch. 116, art. 5, § 29, the Department has the statutory authority to adopt these proposed rules using the expedited rulemaking process.
3. The proposed rule parts are APPROVED.
January 22, 2014 - 1. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, prevent the unlicensed solicitation of insurance in Minnesota on 38,237 occasions, each of which constitutes a distinct violation of law. Minn. Stat. §§ 45.027, subd. 7(a)(2), 60K.32, and 60K.43, subd. 1(2) (2012).
2. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, or prevent the making of communications to potential insurance buyers that gave the impression that Respondents were acting on behalf of a government agency. Minn. Stat. §§ 45.027, subd. 7(a)(2), and 60K.43, subd. 1(16) (2012).
3. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, prevent the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. Minn. Stat. §§ 45.027, subd. 7(a)(2); 60K.43, subd. 1(2); and 72A.20, subd. 2 (2012).
4. Variable and Schaffer failed to respond to the Department's Administrative Subpoena.
January 22, 2014 - 1. Did Respondent violate Minn. Stat. § 177.27, subd. 2, by failing to submit or deliver the records required by the April Demand?
2. Must Respondent pay a civil penalty of $1,000 for its failure to submit or deliver records as required by the April Demand?
3. Must Respondent comply with Minn. Stat. §§ 177.27, subd. 2 and 177.43, subd. 6, by submitting the records required by the April Demand and the Penalty and Records Order?
January 15, 2014 - The Administrative Law Judge concludes that Minnesota’s surcharge on net patient revenues is not a “tax, fee, or other monetary payment” that is imposed indirectly on insurance carriers operating under the FEHBA. For that reason, federal law does not preempt the imposition of surcharges on the net patient revenues of Minnesota hospitals.
January 10, 2014 - The Administrative Law Judge concludes that the “D” level deficiency issued under F-Tag 224, and the “G” level deficiency issued under F-Tag 323 are supported by the evidence and should be AFFIRMED.