as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2012 02:19pm
A bill for an act
relating to insurance; requiring health plans to cover contraceptive methods,
sterilization, and related medical services, patient education, and counseling
without enrollee cost-sharing; providing certain exceptions; proposing coding for
new law in Minnesota Statutes, chapter 62Q.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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This section may be cited as the "Contraceptive Equity
Act."
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This section applies to all health plans,
as defined in section 62Q.01, subdivision 3, that are issued or renewed to a Minnesota
employer to cover employees and their dependents.
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A health plan described in subdivision 2 that provides
prescription drug coverage must cover all Food and Drug Administration approved
contraceptive methods and sterilization procedures, and related medical services, patient
education, and counseling, and shall not impose any cost-sharing requirements for this
coverage.
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(a) Health plans sponsored
by religious employers are exempt from the requirements of subdivision 3. For purposes
of this exemption, a "religious employer" is one that:
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(1) has the inculcation of religious values as its purpose;
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(2) primarily employs persons who share its religious tenets;
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(3) primarily serves persons who share its religious tenets; and
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(4) is a nonprofit organization under Internal Revenue Code section 6033(a)(1) and
section 6033(a)(3)(A)(i) or (iii).
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(b) Nonprofit employers who, based on their institutional religious beliefs, do not
currently provide the coverage required by subdivision 3 in their health plan, and who are
not exempt under paragraph (a):
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(1) are not required to provide the coverage required by subdivision 3 or refer their
employees to organizations that provide this coverage; and
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(2) shall not be required to subsidize the cost of the coverage required by subdivision
3.
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(c) Health plan companies, as defined in section 62Q.01, subdivision 4, must offer
the coverage required by subdivision 3 to employees of employers described in paragraph
(b) directly, and must provide this coverage to these employees and their dependents
free of charge.
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This section is effective August 1, 2012, and applies to
coverage offered, sold, issued, renewed, or continued as defined in Minnesota Statutes,
section 60A.02, subdivision 2a, on or after that date.
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