HF 2635

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying consent 
  1.3             requirements for billing medical assistance and 
  1.4             MinnesotaCare for covered individual education plan 
  1.5             services; amending Minnesota Statutes 2000, section 
  1.6             125A.21, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 125A.21, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [THIRD PARTY REIMBURSEMENT.] (a) Beginning July 
  1.11  1, 2000, districts shall seek reimbursement from insurers and 
  1.12  similar third parties for the cost of services provided by the 
  1.13  district whenever the services provided by the district are 
  1.14  otherwise covered by the child's health coverage.  
  1.15     (b) Districts shall request, but may not require, the 
  1.16  child's family to provide information about the child's health 
  1.17  coverage when a child with a disability begins to receive 
  1.18  services from the district of a type that may be reimbursable, 
  1.19  and shall request, but may not require, updated information 
  1.20  after that as needed.  Districts shall request, but may not 
  1.21  require, the child's parent or legal representative to sign a 
  1.22  consent form, permitting the school district to apply for and 
  1.23  receive reimbursement directly from the insurer or other similar 
  1.24  third party, to the extent permitted by the insurer or other 
  1.25  third party and subject to their networking credentialing, prior 
  1.26  authorization, and determination of medical necessity criteria.  
  2.1      (c) Paragraph (b) applies to children covered by private 
  2.2   health care coverage, and subject to paragraph (d), to children 
  2.3   covered by a combination of private health care coverage and 
  2.4   health care coverage through medical assistance or MinnesotaCare.
  2.5      (d) Notwithstanding sections 13.32 and 13.46, for children 
  2.6   covered by medical assistance or MinnesotaCare exclusively, who 
  2.7   do not have private sector health care coverage, a school 
  2.8   district shall provide annual written notice to the child's 
  2.9   parent or guardian that the district will bill the respective 
  2.10  state health care program for the cost of covered individual 
  2.11  education plan services.  If the commissioner of human services 
  2.12  obtains federal approval to exempt covered individual education 
  2.13  plan services from the requirement that private health care 
  2.14  coverage refuse payment before medical assistance can be billed, 
  2.15  then this paragraph shall also apply to students with a 
  2.16  combination of private health care coverage and health care 
  2.17  coverage through medical assistance or MinnesotaCare. 
  2.18     (e) Paragraphs (c) and (d) are repealed on the effective 
  2.19  date of any federal law or regulation that imposes a lifetime or 
  2.20  annual dollar cap on the amount of medical assistance services 
  2.21  that an individual can receive. 
  2.22     [EFFECTIVE DATE.] This section is effective the day 
  2.23  following final enactment.