Subdivision 1. Reparation obligor responsibility. A reparation obligor is responsible for the cost of a procedure or treatment for rehabilitation or a course of rehabilitative occupational training if the procedure, treatment, or training is reasonable and appropriate for the particular case, its cost is reasonable in relation to its probable rehabilitative effects, and it is likely to contribute substantially to medical or occupational rehabilitation.
Subd. 2. Notice of treatment or training. An injured person who has undertaken a procedure or treatment for rehabilitation or a course of rehabilitative occupational training, other than medical rehabilitation procedure or treatment, shall give notice to the reparation obligor of having undertaken the procedure, treatment, or training within 60 days after a rehabilitation expense exceeding $1,000 has been incurred for the procedure, treatment, or training, unless the reparation obligor knows or has reason to know of the undertaking. If the injured person does not give the required notice within the prescribed time, the reparation obligor is responsible only for $1,000 or the expense incurred after the notice is given and within the 60 days before the notice, whichever is greater, unless failure to give timely notice is the result of excusable neglect.
Subd. 3. Enforcement of reparation obligor responsibility. If the injured person notifies the reparation obligor of a proposed specified procedure or treatment for rehabilitation, or a proposed specified course of rehabilitative occupational training, and the reparation obligor does not promptly thereafter accept responsibility for its cost, the injured person may make a motion in an action to adjudicate the claim, or, if no action is pending, bring an action in the district court, for a determination that the reparation obligor is responsible for its costs. A reparation obligor may make a motion in an action to adjudicate the injured person's claim, or, if no action is pending, bring an action in the district court, for a determination that it is not responsible for the cost of a procedure, treatment, or course of training which the injured person has undertaken or proposes to undertake. A determination by the court that the reparation obligor is not responsible for the cost of a procedure, treatment, or course of training is not res judicata as to the propriety of any other proposal or the injured person's right to other benefits. This subdivision does not preclude an action by the reparation obligor or the injured person for declaratory relief under any other law of this state, nor an action by the injured person to recover basic economic loss benefits.
Subd. 4. Insured's refusal to accept treatment or training; adjudication of claim. If an injured person unreasonably refuses to accept a rehabilitative procedure, treatment, or course of occupational training, a reparation obligor may make a motion in an action to adjudicate the injured person's claim, or if no action is pending, may bring an action in the district court, for a determination that future benefits will be reduced or terminated to limit recovery of benefits to an amount equal to benefits that in reasonable probability would be due if the injured person had submitted to the procedure, treatment, or training, and for other reasonable orders. In determining whether an injured person has reasonable ground for refusal to undertake the procedure, treatment, or training, the court shall consider all relevant factors, including the risks to the injured person, the extent of the probable benefit, the place where the procedure, treatment, or training is offered, the extent to which the procedure, treatment, or training is recognized as standard and customary, and whether the imposition of sanctions because of the person's refusal would abridge the right to the free exercise of religion.
1974 c 408 s 5; 1986 c 444
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 65B — Automobile Insurance
Section 65B.001 — Definitions.
Section 65B.01 — Purposes, Construction And Scope.
Section 65B.03 — Governing Committee.
Section 65B.04 — Plan Of Operation.
Section 65B.05 — Power Of Facility, Governing Committee.
Section 65B.06 — Distribution Of Risks; Coverage.
Section 65B.07 — Other Provisions And Functions.
Section 65B.11 — Use Of Facility By Public.
Section 65B.12 — Right To Hearing; Construction Of Plan Of Operation.
Section 65B.1311 — Coverage For Former Spouse.
Section 65B.132 — Student Discounts; Eligibility.
Section 65B.133 — Surcharge Disclosure.
Section 65B.134 — Comprehensive Coverage; Glass Breakage.
Section 65B.135 — Limousine Insurance.
Section 65B.15 — Cancellation Or Reduction In Limits During Policy Period.
Section 65B.16 — Statement Of Reasons For Cancellation Or Reduction.
Section 65B.161 — Refund Of Premium On Cancellation.
Section 65B.162 — Notice Of Possible Cancellation.
Section 65B.17 — Renewal; Notice Not To Renew.
Section 65B.18 — Proof Of Mailing Of Notice.
Section 65B.19 — Notice Of Cancellation Or Nonrenewal.
Section 65B.20 — Immunity Of Insurer Or Commissioner; Use Of Reasons For Cancellation.
Section 65B.21 — Insured's Right To Object To Cancellation Or Nonrenewal.
Section 65B.28 — Accident Prevention Course Premium Reductions.
Section 65B.285 — Antitheft Protection Device Premium Reduction.
Section 65B.286 — Snowmobile Auxiliary Lighting System Discount.
Section 65B.44 — Basic Economic Loss Benefits.
Section 65B.45 — Rehabilitation Treatment And Occupational Training.
Section 65B.46 — Right To Benefits.
Section 65B.47 — Priority Of Applicability Of Security For Payment Of Basic Economic Loss Benefits.
Section 65B.472 — Transportation Network Financial Responsibility.
Section 65B.48 — Reparation Security Compulsory.
Section 65B.482 — Insurance Identification Cards.
Section 65B.50 — Insurers' Certification Of Basic Coverage.
Section 65B.525 — Arbitration Procedure; Rules Of Court.
Section 65B.53 — Indemnity; Arbitration Between Obligors; Subrogation.
Section 65B.54 — Claims Practices.
Section 65B.55 — Application For Benefits Under Plan Of Security.
Section 65B.56 — Cooperation Of Person Claiming Benefits.
Section 65B.57 — Economic Loss Benefits; Exemptions From Legal Attachment.
Section 65B.58 — Converted Motor Vehicles.
Section 65B.60 — Intentional Injuries.
Section 65B.61 — Benefits Primary; Subtractions; Coordination.
Section 65B.63 — Assigned Claims Plan.
Section 65B.64 — Persons Entitled To Participate In Assigned Claims Plan.
Section 65B.65 — Time For Presenting Claims Under Assigned Claims Plan.
Section 65B.66 — Claims Against Wrong Insurer.
Section 65B.685 — Standardizing Coverage.