Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings here given them.
(b) "Commissioner" means the commissioner of management and budget.
(c) "State agency" has the meaning assigned to it in section 16B.01.
Subd. 1a. State agencies are vendors. For purposes of this section, a state agency that bills another state agency for a service or commodity is considered a vendor like any nonstate vendor.
Subd. 2. Commissioner supervision. The commissioner shall monitor state agencies to insure the prompt payment of vendor obligations.
Subd. 3. Payment required. State agencies must pay each valid vendor obligation so that the vendor receives payment within the vendor's early payment discount period. If there is no early payment discount period, the state agency must pay the vendor within 30 days following the receipt of the invoice for the completed delivery of the product or service.
Subd. 4. Invoice errors. If an invoice is incorrect, defective, or otherwise improper, the agency must notify the vendor within ten days of discovering the error. Upon receiving a corrected invoice, the agency must pay the bill within the time limitation contained in subdivision 3.
Subd. 4a. Invoice errors; Department of Human Services. For purposes of Department of Human Services payments to hospitals receiving reimbursement under the medical assistance program, if an invoice is incorrect, defective, or otherwise improper, the Department of Human Services must notify the hospital of all errors, within 30 days of discovery of the errors.
Subd. 4b. Health care payments. (a) The commissioner of human services must pay or deny a valid vendor obligation for health services under the medical assistance or MinnesotaCare program within 30 days after receipt. A "valid vendor obligation" means a clean claim submitted directly to the commissioner by an eligible health care provider for health services provided to an eligible recipient. A "clean claim" means an original paper or electronic claim with correct data elements, prepared in accordance with the commissioner's published specifications for claim preparation, that does not require an attachment or text information to pay or deny the claim. Adjustment claims, claims with attachments and text information, and claims submitted to the commissioner as the secondary or tertiary payer, that have been prepared in accordance with the commissioner's published specifications, must be adjudicated within 90 days after receipt.
For purposes of this subdivision, paragraphs (b) and (c) apply.
(b) The agency is not required to make an interest penalty payment on claims for which payment has been delayed for purposes of reviewing potentially fraudulent or abusive billing practices, if there is an eventual finding by the agency of fraud or abuse.
(c) The agency is not required to make an interest penalty payment of less than $2.
Subd. 5. Payment of interest on late payments required. (a) A state agency shall pay interest to a vendor for undisputed billings when the agency has not paid the billing within 30 days following receipt of the invoice, merchandise, or service whichever is later. A negotiated contract or agreement between a vendor and a state agency which requires an audit by the state agency prior to acceptance and payment of the vendor's invoice shall not be considered past due until 30 days after the completion of the audit by the state agency. Before any interest payment is made, the vendor must invoice the state agency for such interest. For a construction contract utilizing partial payments based on an engineer's estimate or a payment application approved by an architect, an invoice includes an engineer's estimate or a payment application, as applicable, if made in regular intervals that are: (1) as specified in the contract, and (2) no less frequent than once per month.
(b) The rate of interest paid by the agency on undisputed bills not paid within 30 days shall be 1-1/2 percent per month or any part thereof.
(c) All interest penalties and collection costs must be paid from the agency's current operating budget. No agency may seek to increase its appropriation for the purpose of obtaining funds to pay interest penalties or collection costs.
(d) Any vendor who prevails in a civil action to collect interest penalties from a state agency shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the actions.
(e) No interest penalties may accrue against an agency that delays payment of a bill due to a disagreement with the vendor; provided, that the dispute must be settled within 30 days after the bill became overdue. Upon the resolution of the dispute, the agency must pay the vendor accrued interest on all proper invoices for which payment was not received within the applicable time limit contained in subdivision 3. No interest penalties accrue under this section against an agency for claims made by a contractor under a construction contract.
(f) The minimum monthly interest penalty payment that a state agency shall pay a vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is $10. For unpaid balances of less than $100, the state agency shall pay the actual penalty due to the vendor.
Subd. 5a. University of Minnesota; payment of interest on late payments authorized. The University of Minnesota may comply with the requirements of subdivision 5.
Subd. 6. [Repealed, 1994 c 632 art 3 s 65]
Subd. 7. Report to legislature. The commissioner shall report to the legislature by December 31 of each year summarizing the state's payment record for the preceding fiscal year. The report shall include the amount of interest penalties and the specific steps being taken to reduce the incidence of late payments in the future.
Subd. 8. Applicability. Subdivisions 1 to 7 apply to all agency purchases, leases, rentals, and contracts for services, including construction and remodeling contracts, except for:
(1) purchases from or contracts for service with a public utility as defined in section 216B.02 or a telephone company as defined in section 237.01 that has on file with the Public Utilities Commission an approved practice regarding late fees; and
(2) provider billings to and contracts with the commissioner of human services for health care services, which are subject only to subdivisions 4a and 4b.
1984 c 502 art 14 s 1; 1985 c 136 s 1-4; 1985 c 248 s 68; 1992 c 549 art 5 s 1; 1994 c 632 art 3 s 24,25; 1995 c 241 s 1,2; 1996 c 457 s 3,4; 1997 c 203 art 9 s 1; 2009 c 101 art 2 s 109; 2014 c 287 s 1; 2016 c 158 art 2 s 5,6
Structure Minnesota Statutes
Chapters 16A - 16E — Administration And Finance
Chapter 16A — Department Of Management And Budget
Section 16A.01 — Department Of Management And Budget; Commissioner; Employees.
Section 16A.011 — Definitions.
Section 16A.012 — Warrants; Discounts.
Section 16A.013 — Gifts; Acceptance.
Section 16A.014 — Administration Of Gifts.
Section 16A.015 — Investment Of Gifts.
Section 16A.016 — Payment; Appropriation.
Section 16A.04 — Budget And Cash Projection.
Section 16A.055 — Commissioner's Duties.
Section 16A.056 — Website With Searchable Database On State Expenditures.
Section 16A.0561 — Mapped Data On Expenditures.
Section 16A.057 — Internal Controls And Internal Auditing.
Section 16A.06 — Additional Commissioner Duties And Powers.
Section 16A.061 — May Issue Commemorative Medallions.
Section 16A.065 — Prepay Software, Subscriptions, United States Documents.
Section 16A.095 — State Budget System.
Section 16A.10 — Budget Preparation.
Section 16A.101 — Service Contracts; Expenditures.
Section 16A.102 — Budgeting Revenues Relative To Personal Income.
Section 16A.103 — Forecasts Of Revenue And Expenditures.
Section 16A.105 — Debt Capacity Forecast.
Section 16A.11 — Budget To Legislature.
Section 16A.115 — Relocation Requests.
Section 16A.122 — Work Force Planning And Reporting.
Section 16A.124 — Prompt Payment Of State Agency Bills Required.
Section 16A.1245 — Prompt Payment To Subcontractors.
Section 16A.126 — Revolving Fund Billing.
Section 16A.127 — Indirect Costs.
Section 16A.1283 — Legislative Approval Required For Fees.
Section 16A.1285 — Departmental Earnings; Charges Levied By Agency.
Section 16A.125 — State Trust Lands.
Section 16A.1286 — Statewide Systems Account.
Section 16A.129 — Other Commissioner Powers.
Section 16A.13 — Federal Tax Withholding.
Section 16A.131 — Deductions For United States Securities, Transit Cards.
Section 16A.133 — Credit Union, Parking, Other Deductions.
Section 16A.134 — Charitable Organizations Payroll Deductions.
Section 16A.138 — Officials Not To Exceed Appropriation.
Section 16A.139 — Misappropriation Of Money.
Section 16A.14 — Allotment And Encumbrance System.
Section 16A.15 — Accounting System; Allotment And Encumbrance.
Section 16A.151 — Proceeds Of Litigation Or Settlement.
Section 16A.152 — Budget Reserve And Cash Flow Accounts.
Section 16A.155 — Refunds; Charged When Paid.
Section 16A.17 — Preparation Of State Payroll.
Section 16A.18 — Accounting, Payroll For Courts, Legislature.
Section 16A.19 — Retirement, Social Security Deficiencies.
Section 16A.25 — Sale Of Securities Before Maturity.
Section 16A.26 — One Depository Account For Each Tax.
Section 16A.27 — State Funds; Deposit; Control By Commissioner.
Section 16A.271 — Depositories, Designation.
Section 16A.272 — Deposits Of Certain Funds Of Public Corporations, Security.
Section 16A.273 — Inducements To Make Deposits.
Section 16A.275 — Agency Receipts; Deposit, Report, Credit.
Section 16A.276 — Cash Overage And Shortage Account.
Section 16A.28 — Treatment Of Unused Appropriations.
Section 16A.281 — Appropriations To Legislature.
Section 16A.283 — Appropriations To Courts.
Section 16A.284 — Appropriations To Constitutional Officers.
Section 16A.285 — Allowed Appropriation Transfers.
Section 16A.36 — Grants From And Advances To United States.
Section 16A.40 — Warrants And Electronic Fund Transfers.
Section 16A.401 — Virtual Payments Authorized.
Section 16A.41 — Claims Against State.
Section 16A.42 — Claims: Form, Approval, Register.
Section 16A.43 — Warrant A Receipt.
Section 16A.44 — Commissioner May Compel Testimony.
Section 16A.45 — Outstanding Unpaid Warrants, Cancellation.
Section 16A.46 — Lost Or Destroyed Warrant Duplicate; Indemnity.
Section 16A.461 — Duplicate Bonds Issued.
Section 16A.462 — Execution Of Duplicates.
Section 16A.463 — Delivery Of Duplicates; Bond.
Section 16A.464 — Bond, When Canceled.
Section 16A.47 — Commissioner's Account, Document Duties.
Section 16A.48 — Refund Of Erroneous Deposits.
Section 16A.49 — Refunds Of $1 Or Less.
Section 16A.50 — Financial Report To Legislature.
Section 16A.501 — Report On Expenditure Of Bond Proceeds.
Section 16A.502 — Nonstate Commitments To Capital Projects.
Section 16A.53 — Bookkeeping Accounts.
Section 16A.531 — Funds Created.
Section 16A.532 — Minnesota State Colleges And Universities Enterprise Account.
Section 16A.54 — General Fund Defined.
Section 16A.56 — Commissioner's Receipt And Claim Duties.
Section 16A.57 — Appropriation, Allotment, And Warrant Needed.
Section 16A.575 — Appropriations; Not Disclosing Source.
Section 16A.58 — Commissioner Custodian Of Payment Documents.
Section 16A.61 — Certificate Money To General Fund.
Section 16A.62 — Money In Abolished Fund To General Fund.
Section 16A.626 — Electronic Payments.
Section 16A.631 — Bond Proceeds Fund.
Section 16A.632 — Capital Asset Preservation And Replacement Account.
Section 16A.633 — Capital Funding; Maintaining Data And Reporting.
Section 16A.641 — State Bonds; Appropriations.
Section 16A.642 — State Bonds: Reports; Cancellations.
Section 16A.643 — Assessments If Agency Must Pay Debt Service.
Section 16A.645 — Gopher State Bonds.
Section 16A.646 — Zero Coupon Bonds.
Section 16A.647 — Tax Credit And Interest Subsidy Bonds.
Section 16A.66 — Refunding Bonds.
Section 16A.661 — General Obligation Special Tax Bonds.
Section 16A.662 — Infrastructure Development Bonds.
Section 16A.671 — Certificates Of Indebtedness.
Section 16A.672 — Bonds And Certificates Of Indebtedness.
Section 16A.673 — Certificates Of Indebtedness Issued By State, Negotiability.
Section 16A.675 — Persons Executing Obligations Not Liable.
Section 16A.68 — Federal Funds To The Game And Fish Account.
Section 16A.69 — Appropriations Into Single Project Account.
Section 16A.695 — State Bond Financed Property.
Section 16A.72 — Income Credited To General Fund; Exceptions.
Section 16A.721 — State Seminar Fees, Appropriation.
Section 16A.722 — Loss Or Damage To State Property.
Section 16A.723 — Governor's Residence; Reimbursement Of Expenses.
Section 16A.724 — Health Care Access Fund.
Section 16A.726 — Sports Facilities Transfers; Appropriations.
Section 16A.727 — Backup Revenues; Football Stadium Funding.
Section 16A.79 — Matching Federal Appropriations.
Section 16A.81 — Technology Development Lease-purchase Financing.
Section 16A.85 — Master Lease.
Section 16A.86 — Capital Project Grants To Political Subdivisions.
Section 16A.88 — Transit Assistance Fund.
Section 16A.90 — Employee Gainsharing System.
Section 16A.93 — Minnesota Pay-for-performance Act.
Section 16A.94 — Pay-for-performance Program.
Section 16A.96 — Minnesota Pay-for-performance Program; Appropriation Bonds.
Section 16A.963 — Electric Vehicle Infrastructure Appropriation Bonds.
Section 16A.964 — Public Television Equipment Appropriation Bonds.
Section 16A.965 — Stadium Appropriation Bonds.
Section 16A.966 — Response To Releases Appropriation Bonds.
Section 16A.967 — Lewis And Clark Appropriation Bonds.
Section 16A.968 — Duluth Regional Exchange District Appropriation Bonds.
Section 16A.97 — Tobacco Bonds.