HF 5295

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to commerce; modifying fees assessed by the Department of Commerce;
amending Minnesota Statutes 2022, sections 45.0135, subdivision 7; 62Q.73,
subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 45.0135, subdivision 7, is amended to read:

Subd. 7.

Assessment.

Each insurer authorized to sell insurance in the state of Minnesota,
including surplus lines carriers, and having Minnesota earned premium the previous calendar
year shall remit an assessment to the commissioner for deposit in the insurance fraud
prevention account on or before June 1 of each year. The amount of the assessment shall
be based on the insurer's total assets and on the insurer's total written Minnesota premium,
for the preceding fiscal year, as reported pursuant to section 60A.13. deleted text begin The assessment is
calculated to be an amount up to the following deleted text end new text begin Beginning with the payment due on or before
June 1, 2024, the assessment amount is new text end :

	Total Assets	Assessment
	Less than $100,000,000		$	deleted text begin 200 deleted text end new text begin 400 new text end
	$100,000,000 to $1,000,000,000		$	deleted text begin 750 deleted text end new text begin 1,500 new text end
	Over $1,000,000,000		$	deleted text begin 2,000 deleted text end new text begin 4,000 new text end
	Minnesota Written Premium	Assessment
	Less than $10,000,000		$	deleted text begin 200 deleted text end new text begin 400 new text end
	$10,000,000 to $100,000,000		$	deleted text begin 750 deleted text end new text begin 1,500 new text end
	Over $100,000,000		$	deleted text begin 2,000 deleted text end new text begin 4,000 new text end

For purposes of this subdivision, the following entities are not considered to be insurers
authorized to sell insurance in the state of Minnesota: risk retention groups; or township
mutuals organized under chapter 67A.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 62Q.73, subdivision 3, is amended to read:

Subd. 3.

Right to external review.

(a) Any enrollee or anyone acting on behalf of an
enrollee who has received an adverse determination may submit a written request for an
external review of the adverse determination, if applicable under section 62Q.68, subdivision
1, or 62M.06, to the commissioner of health if the request involves a health plan company
regulated by that commissioner or to the commissioner of commerce if the request involves
a health plan company regulated by that commissioner. Notification of the enrollee's right
to external review must accompany the denial issued by the insurer. deleted text begin The written request
must be accompanied by a filing fee of $25. The fee may be waived by the commissioner
of health or commerce in cases of financial hardship and must be refunded if the adverse
determination is completely reversed. No enrollee may be subject to filing fees totaling
more than $75 during a plan year for group coverage or policy year for individual coverage.
deleted text end

(b) Nothing in this section requires the commissioner of health or commerce to
independently investigate an adverse determination referred for independent external review.

(c) If an enrollee requests an external review, the health plan company must participate
in the external review. The cost of the external review deleted text begin in excess of the filing fee described
in paragraph (a) shall deleted text end new text begin must new text end be borne by the health plan company.

(d) The enrollee must request external review within six months from the date of the
adverse determination.