SF 1783

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; regulating agency terminations, 
  1.3             coverages, fees, forms, disclosures, reports, 
  1.4             information security, and premiums; amending Minnesota 
  1.5             Statutes 2004, sections 59A.12, subdivision 2; 60A.14, 
  1.6             subdivision 1; 60A.171, subdivision 11; 60A.23, 
  1.7             subdivision 8; 60A.966; 60A.969; 62A.136; 62A.31, 
  1.8             subdivision 1h; 62A.315; 62A.316; 62E.13, subdivision 
  1.9             2; 62Q.471; 65A.29, subdivision 11; 65B.48, 
  1.10            subdivision 3; 72A.20, subdivisions 13, 36; 79.211, by 
  1.11            adding a subdivision; 79.40; 79.56, subdivisions 1, 3; 
  1.12            79.62, subdivision 3; 79A.03, subdivision 9; 79A.04, 
  1.13            subdivisions 2, 10; 79A.06, subdivision 5; 79A.12, 
  1.14            subdivision 2; 79A.22, subdivision 11, by adding a 
  1.15            subdivision; 176.191, subdivision 3; proposing coding 
  1.16            for new law in Minnesota Statutes, chapters 60A; 60D; 
  1.17            repealing Minnesota Statutes 2004, sections 61A.072, 
  1.18            subdivision 2; 62E.03. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2004, section 59A.12, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  In the event that a premium is subject to an 
  1.23  audit to determine the final premium amount, the gross unearned 
  1.24  premium will be calculated based upon the deposit audited 
  1.25  premium and the insurer shall return whatever gross unearned 
  1.26  premiums are due based upon the deposit rather than the actual 
  1.27  unearned premium under the contract to the finance company for 
  1.28  the account of the insured or insureds within 60 days after 
  1.29  receipt of the notice of cancellation. 
  1.30     Sec. 2.  Minnesota Statutes 2004, section 60A.14, 
  1.31  subdivision 1, is amended to read: 
  1.32     Subdivision 1.  [FEES OTHER THAN EXAMINATION FEES.] In 
  2.1   addition to the fees and charges provided for examinations, the 
  2.2   following fees must be paid to the commissioner for deposit in 
  2.3   the general fund: 
  2.4      (a) by township mutual fire insurance companies; 
  2.5      (1) for filing certificate of incorporation $25 and 
  2.6   amendments thereto, $10; 
  2.7      (2) for filing annual statements, $15; 
  2.8      (3) for each annual certificate of authority, $15; 
  2.9      (4) for filing bylaws $25 and amendments thereto, $10; 
  2.10     (b) by other domestic and foreign companies including 
  2.11  fraternals and reciprocal exchanges; 
  2.12     (1) for filing certified copy of certificate of articles of 
  2.13  incorporation, $100; 
  2.14     (2) for filing annual statement, $225; 
  2.15     (3) for filing certified copy of amendment to certificate 
  2.16  or articles of incorporation, $100; 
  2.17     (4) for filing bylaws, $75 or amendments thereto, $75; 
  2.18     (5) for each company's certificate of authority, $575, 
  2.19  annually; 
  2.20     (c) the following general fees apply: 
  2.21     (1) for each certificate, including certified copy of 
  2.22  certificate of authority, renewal, valuation of life policies, 
  2.23  corporate condition or qualification, $25; 
  2.24     (2) for each copy of paper on file in the commissioner's 
  2.25  office 50 cents per page, and $2.50 for certifying the same; 
  2.26     (3) for license to procure insurance in unadmitted foreign 
  2.27  companies, $575; 
  2.28     (4) for valuing the policies of life insurance companies, 
  2.29  one cent per $1,000 of insurance so valued, provided that the 
  2.30  fee shall not exceed $13,000 per year for any company.  The 
  2.31  commissioner may, in lieu of a valuation of the policies of any 
  2.32  foreign life insurance company admitted, or applying for 
  2.33  admission, to do business in this state, accept a certificate of 
  2.34  valuation from the company's own actuary or from the 
  2.35  commissioner of insurance of the state or territory in which the 
  2.36  company is domiciled; 
  3.1      (5) for receiving and filing certificates of policies by 
  3.2   the company's actuary, or by the commissioner of insurance of 
  3.3   any other state or territory, $50; 
  3.4      (6) for each appointment of an agent filed with the 
  3.5   commissioner, $10; 
  3.6      (7) for filing forms and rates, $75 $90 per filing, 
  3.7   which or $75 per filing when submitted via electronic filing 
  3.8   system.  Filing fees may be paid on a quarterly basis in 
  3.9   response to an invoice.  Billing and payment may be made 
  3.10  electronically; 
  3.11     (8) for annual renewal of surplus lines insurer license, 
  3.12  $300; 
  3.13     (9) $250 filing fee for a large risk alternative rating 
  3.14  option plan that meets the $250,000 threshold requirement. 
  3.15     The commissioner shall adopt rules to define filings that 
  3.16  are subject to a fee. 
  3.17     Sec. 3.  Minnesota Statutes 2004, section 60A.171, 
  3.18  subdivision 11, is amended to read: 
  3.19     Subd. 11.  Upon termination of an agency, a company is 
  3.20  prohibited from soliciting business in the notice of nonrenewal 
  3.21  required by section 60A.37.  If termination of an agency 
  3.22  contract is the ground for nonrenewal of a policy of homeowner's 
  3.23  insurance, as defined in section 65A.27, subdivision 4, the 
  3.24  company must provide notice to the policyholder that the policy 
  3.25  is not being renewed due to the termination of the company's 
  3.26  contract with the agency.  If the agency is unable to replace 
  3.27  the homeowner's insurance policy with a suitable policy from 
  3.28  another insurer, the agent must notify the policyholder of the 
  3.29  policyholder's right to renew with the company terminating the 
  3.30  agency contract.  The company must renew the policy if the 
  3.31  insured or the insured's agent makes a written request for the 
  3.32  renewal before the renewal date. 
  3.33     Sec. 4.  Minnesota Statutes 2004, section 60A.23, 
  3.34  subdivision 8, is amended to read: 
  3.35     Subd. 8.  [SELF-INSURANCE OR INSURANCE PLAN ADMINISTRATORS 
  3.36  WHO ARE VENDORS OF RISK MANAGEMENT SERVICES.] (1)  [SCOPE.] This 
  4.1   subdivision applies to any vendor of risk management services 
  4.2   and to any entity which administers, for compensation, a 
  4.3   self-insurance or insurance plan.  This subdivision does not 
  4.4   apply (a) to an insurance company authorized to transact 
  4.5   insurance in this state, as defined by section 60A.06, 
  4.6   subdivision 1, clauses (4) and (5); (b) to a service plan 
  4.7   corporation, as defined by section 62C.02, subdivision 6; (c) to 
  4.8   a health maintenance organization, as defined by section 62D.02, 
  4.9   subdivision 4; (d) to an employer directly operating a 
  4.10  self-insurance plan for its employees' benefits; (e) to an 
  4.11  entity which administers a program of health benefits 
  4.12  established pursuant to a collective bargaining agreement 
  4.13  between an employer, or group or association of employers, and a 
  4.14  union or unions; or (f) to an entity which administers a 
  4.15  self-insurance or insurance plan if a licensed Minnesota insurer 
  4.16  is providing insurance to the plan and if the licensed insurer 
  4.17  has appointed the entity administering the plan as one of its 
  4.18  licensed agents within this state. 
  4.19     (2)  [DEFINITIONS.] For purposes of this subdivision the 
  4.20  following terms have the meanings given them. 
  4.21     (a) "Administering a self-insurance or insurance plan" 
  4.22  means (i) processing, reviewing or paying claims, (ii) 
  4.23  establishing or operating funds and accounts, or (iii) otherwise 
  4.24  providing necessary administrative services in connection with 
  4.25  the operation of a self-insurance or insurance plan. 
  4.26     (b) "Employer" means an employer, as defined by section 
  4.27  62E.02, subdivision 2. 
  4.28     (c) "Entity" means any association, corporation, 
  4.29  partnership, sole proprietorship, trust, or other business 
  4.30  entity engaged in or transacting business in this state. 
  4.31     (d) "Self-insurance or insurance plan" means a plan 
  4.32  providing life, medical or hospital care, accident, sickness or 
  4.33  disability insurance for the benefit of employees or members of 
  4.34  an association, or a plan providing liability coverage for any 
  4.35  other risk or hazard, which is or is not directly insured or 
  4.36  provided by a licensed insurer, service plan corporation, or 
  5.1   health maintenance organization. 
  5.2      (e) "Vendor of risk management services" means an entity 
  5.3   providing for compensation actuarial, financial management, 
  5.4   accounting, legal or other services for the purpose of designing 
  5.5   and establishing a self-insurance or insurance plan for an 
  5.6   employer. 
  5.7      (3)  [LICENSE.] No vendor of risk management services or 
  5.8   entity administering a self-insurance or insurance plan may 
  5.9   transact this business in this state unless it is licensed to do 
  5.10  so by the commissioner.  An applicant for a license shall state 
  5.11  in writing the type of activities it seeks authorization to 
  5.12  engage in and the type of services it seeks authorization to 
  5.13  provide.  The license may be granted only when the commissioner 
  5.14  is satisfied that the entity possesses the necessary 
  5.15  organization, background, expertise, and financial integrity to 
  5.16  supply the services sought to be offered.  The commissioner may 
  5.17  issue a license subject to restrictions or limitations upon the 
  5.18  authorization, including the type of services which may be 
  5.19  supplied or the activities which may be engaged in.  The license 
  5.20  fee is $1,000 $1,500 for the initial application and 
  5.21  $1,000 $1,500 for each two-year three-year renewal.  All 
  5.22  licenses are for a period of two three years. 
  5.23     (4)  [REGULATORY RESTRICTIONS; POWERS OF THE COMMISSIONER.] 
  5.24  To assure that self-insurance or insurance plans are financially 
  5.25  solvent, are administered in a fair and equitable fashion, and 
  5.26  are processing claims and paying benefits in a prompt, fair, and 
  5.27  honest manner, vendors of risk management services and entities 
  5.28  administering insurance or self-insurance plans are subject to 
  5.29  the supervision and examination by the commissioner.  Vendors of 
  5.30  risk management services, entities administering insurance or 
  5.31  self-insurance plans, and insurance or self-insurance plans 
  5.32  established or operated by them are subject to the trade 
  5.33  practice requirements of sections 72A.19 to 72A.30.  In lieu of 
  5.34  an unlimited guarantee from a parent corporation for a vendor of 
  5.35  risk management services or an entity administering insurance or 
  5.36  self-insurance plans, the commissioner may accept a surety bond 
  6.1   in a form satisfactory to the commissioner in an amount equal to 
  6.2   120 percent of the total amount of claims handled by the 
  6.3   applicant in the prior year.  If at any time the total amount of 
  6.4   claims handled during a year exceeds the amount upon which the 
  6.5   bond was calculated, the administrator shall immediately notify 
  6.6   the commissioner.  The commissioner may require that the bond be 
  6.7   increased accordingly. 
  6.8      No contract entered into after July 1, 2001, between a 
  6.9   licensed vendor of risk management services and a group 
  6.10  authorized to self-insure for workers' compensation liabilities 
  6.11  under section 79A.03, subdivision 6, may take effect until it 
  6.12  has been filed with the commissioner, and either (1) the 
  6.13  commissioner has approved it or (2) 60 days have elapsed and the 
  6.14  commissioner has not disapproved it as misleading or violative 
  6.15  of public policy. 
  6.16     (5)  [RULEMAKING AUTHORITY.] To carry out the purposes of 
  6.17  this subdivision, the commissioner may adopt rules pursuant to 
  6.18  sections 14.001 to 14.69.  These rules may: 
  6.19     (a) establish reporting requirements for administrators of 
  6.20  insurance or self-insurance plans; 
  6.21     (b) establish standards and guidelines to assure the 
  6.22  adequacy of financing, reinsuring, and administration of 
  6.23  insurance or self-insurance plans; 
  6.24     (c) establish bonding requirements or other provisions 
  6.25  assuring the financial integrity of entities administering 
  6.26  insurance or self-insurance plans; or 
  6.27     (d) establish other reasonable requirements to further the 
  6.28  purposes of this subdivision. 
  6.29     Sec. 5.  Minnesota Statutes 2004, section 60A.966, is 
  6.30  amended to read: 
  6.31     60A.966 [APPROVAL OF VIATICAL SETTLEMENTS CONTRACT FORMS.] 
  6.32     A viatical settlement provider or broker may not use a 
  6.33  viatical settlement contract form in this state unless it has 
  6.34  been filed with and approved by the commissioner.  A viatical 
  6.35  settlement contract form filed with the commissioner is 
  6.36  considered to have been approved if it has not been disapproved 
  7.1   within 60 days of the filing.  The commissioner shall disapprove 
  7.2   a viatical settlement contract form if, in the commissioner's 
  7.3   opinion, the contract or contract provisions are unreasonable, 
  7.4   contrary to the interests of the public, or otherwise misleading 
  7.5   or unfair to the policy owner.  
  7.6      Sec. 6.  Minnesota Statutes 2004, section 60A.969, is 
  7.7   amended to read: 
  7.8      60A.969 [DISCLOSURE.] 
  7.9      A viatical settlement provider or a broker shall disclose 
  7.10  the following information to the viator no later than the 
  7.11  date the viatical settlement contract is signed by all 
  7.12  parties an application is given to the viator: 
  7.13     (1) possible alternatives to viatical settlement contracts 
  7.14  for persons with catastrophic or life threatening illnesses, 
  7.15  including accelerated benefits offered by the issuer of the life 
  7.16  insurance policy; 
  7.17     (2) the fact that some or all of the proceeds of the 
  7.18  viatical settlement may be taxable and that assistance should be 
  7.19  sought from a personal tax advisor; 
  7.20     (3) the fact that the viatical settlement may be subject to 
  7.21  the claims of creditors; 
  7.22     (4) the fact that receipt of a viatical settlement may 
  7.23  adversely affect the recipients' eligibility for Medicaid or 
  7.24  other government benefits or entitlements and that advice should 
  7.25  be obtained from the appropriate agencies; 
  7.26     (5) the policy owner's right to rescind a viatical 
  7.27  settlement contract within 30 days of the date it is executed by 
  7.28  all parties or 15 days of the receipt of the viatical settlement 
  7.29  proceeds by the viator, whichever is less, as provided in 
  7.30  section 60A.970, subdivision 3; and 
  7.31     (6) the date by which the funds will be available to the 
  7.32  viator and the source of the funds. 
  7.33     Sec. 7.  [60A.98] [DEFINITIONS.] 
  7.34     Subdivision 1.  [SCOPE.] For purposes of sections 60A.98 
  7.35  and 60A.981, the terms defined in this section have the meanings 
  7.36  given them. 
  8.1      Subd. 2.  [CUSTOMER.] "Customer" means a consumer who has a 
  8.2   continuing relationship with a licensee under which the licensee 
  8.3   provides one or more insurance products or services to the 
  8.4   consumer that are to be used primarily for personal, family, or 
  8.5   household purposes. 
  8.6      Subd. 3.  [CUSTOMER INFORMATION.] "Customer information" 
  8.7   means nonpublic personal information about a customer, whether 
  8.8   in paper, electronic, or other form, that is maintained by or on 
  8.9   behalf of the licensee. 
  8.10     Subd. 4.  [CUSTOMER INFORMATION SYSTEMS.] "Customer 
  8.11  information systems" means the electronic or physical methods 
  8.12  used to access, collect, store, use, transmit, protect, or 
  8.13  dispose of customer information. 
  8.14     Subd. 5.  [LICENSEE.] "Licensee" means all licensed 
  8.15  insurers, producers, and other persons licensed or required to 
  8.16  be licensed, authorized or required to be authorized, or 
  8.17  registered or required to be registered pursuant to the 
  8.18  insurance laws of this state, except that "licensee" does not 
  8.19  include a purchasing group or an ineligible insurer in regard to 
  8.20  the surplus line insurance conducted pursuant to sections 
  8.21  60A.195 to 60A.209. 
  8.22     Subd. 6.  [NONPUBLIC FINANCIAL INFORMATION.] "Nonpublic 
  8.23  financial information" means: 
  8.24     (1) personally identifiable financial information; and 
  8.25     (2) any list, description, or other grouping of consumers, 
  8.26  and publicly available information pertaining to them, that is 
  8.27  derived using any personally identifiable financial information 
  8.28  that is not publicly available. 
  8.29     Subd. 7.  [NONPUBLIC PERSONAL HEALTH 
  8.30  INFORMATION.] "Nonpublic personal health information" means 
  8.31  health information: 
  8.32     (1) that identifies an individual who is the subject of the 
  8.33  information; or 
  8.34     (2) with respect to which there is a reasonable basis to 
  8.35  believe that the information could be used to identify an 
  8.36  individual. 
  9.1      Subd. 8.  [NONPUBLIC PERSONAL INFORMATION.] "Nonpublic 
  9.2   personal information" means nonpublic financial information and 
  9.3   nonpublic personal health information.  
  9.4      Subd. 9.  [PERSONALLY IDENTIFIABLE FINANCIAL 
  9.5   INFORMATION.] "Personally identifiable financial information" 
  9.6   means any information: 
  9.7      (1) a consumer provides to a licensee to obtain an 
  9.8   insurance product or service from the licensee; 
  9.9      (2) about a consumer resulting from a transaction involving 
  9.10  an insurance product or service between a licensee and a 
  9.11  consumer; or 
  9.12     (3) the licensee otherwise obtains about a consumer in 
  9.13  connection with providing an insurance product or service to 
  9.14  that consumer. 
  9.15     Subd. 10.  [SERVICE PROVIDER.] "Service provider" means a 
  9.16  person that maintains, processes, or otherwise is permitted 
  9.17  access to customer information through its provision of services 
  9.18  directly to the licensee. 
  9.19     Sec. 8.  [60A.981] [INFORMATION SECURITY PROGRAM.] 
  9.20     Subdivision 1.  [GENERAL REQUIREMENTS.] Each licensee shall 
  9.21  implement a comprehensive written information security program 
  9.22  that includes administrative, technical, and physical safeguards 
  9.23  for the protection of customer information.  The administrative, 
  9.24  technical, and physical safeguards included in the information 
  9.25  security program must be appropriate to the size and complexity 
  9.26  of the licensee and the nature and scope of its activities. 
  9.27     Subd. 2.  [OBJECTIVES.] A licensee's information security 
  9.28  program must be designed to: 
  9.29     (1) ensure the security and confidentiality of customer 
  9.30  information; 
  9.31     (2) protect against any anticipated threats or hazards to 
  9.32  the security or integrity of the information; and 
  9.33     (3) protect against unauthorized access to or use of the 
  9.34  information that could result in substantial harm or 
  9.35  inconvenience to any customer. 
  9.36     Subd. 3.  [EXAMPLES OF METHODS OF DEVELOPMENT AND 
 10.1   IMPLEMENTATION.] The following actions and procedures are 
 10.2   examples of methods of implementation of the requirements of 
 10.3   subdivisions 1 and 2.  These examples are nonexclusive 
 10.4   illustrations of actions and procedures that licensees may 
 10.5   follow to implement subdivisions 1 and 2: 
 10.6      (1) the licensee: 
 10.7      (i) identifies reasonably foreseeable internal or external 
 10.8   threats that could result in unauthorized disclosure, misuse, 
 10.9   alteration, or destruction of customer information or customer 
 10.10  information systems; 
 10.11     (ii) assesses the likelihood and potential damage of these 
 10.12  threats, taking into consideration the sensitivity of customer 
 10.13  information; and 
 10.14     (iii) assesses the sufficiency of policies, procedures, 
 10.15  customer information systems, and other safeguards in place to 
 10.16  control risks; 
 10.17     (2) the licensee: 
 10.18     (i) designs its information security program to control the 
 10.19  identified risks, commensurate with the sensitivity of the 
 10.20  information, as well as the complexity and scope of the 
 10.21  licensee's activities; 
 10.22     (ii) trains staff, as appropriate, to implement the 
 10.23  licensee's information security program; and 
 10.24     (iii) regularly tests or otherwise regularly monitors the 
 10.25  key controls, systems, and procedures of the information 
 10.26  security program.  The frequency and nature of these tests or 
 10.27  other monitoring practices are determined by the licensee's risk 
 10.28  assessment; 
 10.29     (3) the licensee: 
 10.30     (i) exercises appropriate due diligence in selecting its 
 10.31  service providers; and 
 10.32     (ii) requires its service providers to implement 
 10.33  appropriate measures designed to meet the objectives of this 
 10.34  regulation, and, where indicated by the licensee's risk 
 10.35  assessment, takes appropriate steps to confirm that its service 
 10.36  providers have satisfied these obligations; and 
 11.1      (4) the licensee monitors, evaluates, and adjusts, as 
 11.2   appropriate, the information security program in light of any 
 11.3   relevant changes in technology, the sensitivity of its customer 
 11.4   information, internal or external threats to information, and 
 11.5   the licensee's own changing business arrangements, such as 
 11.6   mergers and acquisitions, alliances and joint ventures, 
 11.7   outsourcing arrangements, and changes to customer information 
 11.8   systems. 
 11.9      Sec. 9.  [60A.982] [UNFAIR TRADE PRACTICES.] 
 11.10     A violation of sections 60A.98 and 60A.981 is considered to 
 11.11  be a violation of sections 72A.17 to 72A.32. 
 11.12     Sec. 10.  [60D.30] [ELIGIBILITY DETERMINATION.] 
 11.13     Section 302A.521, subdivision 3, applies to a corporation 
 11.14  that is a member of an insurance holding company system, except 
 11.15  if a determination for advancement is not made under section 
 11.16  302A.521, subdivision 6, clauses (1) to (4), the corporation 
 11.17  that is a member of an insurance holding company system may make 
 11.18  the determination that a person is entitled to payment or 
 11.19  reimbursement of expenses in advance of the final disposition of 
 11.20  a proceeding upon receipt of a written affirmation as provided 
 11.21  in section 302A.521, subdivision 3. 
 11.22     Sec. 11.  Minnesota Statutes 2004, section 62A.136, is 
 11.23  amended to read: 
 11.24     62A.136 [DENTAL AND VISION PLAN COVERAGE.] 
 11.25     The following provisions do not apply to health plans as 
 11.26  defined in section 62A.011, subdivision 3, clause (6), providing 
 11.27  dental or vision coverage only:  sections 62A.041; 62A.0411; 
 11.28  62A.047; 62A.149; 62A.151; 62A.152; 62A.154; 62A.155; 62A.17, 
 11.29  subdivision 6; 62A.21, subdivision 2b; 62A.26; 62A.28; 62A.285; 
 11.30  62A.30; 62A.304; 62A.3093; and 62E.16. 
 11.31     Sec. 12.  Minnesota Statutes 2004, section 62A.31, 
 11.32  subdivision 1h, is amended to read: 
 11.33     Subd. 1h.  [LIMITATIONS ON DENIALS, CONDITIONS, AND PRICING 
 11.34  OF COVERAGE.] No health carrier issuing Medicare-related 
 11.35  coverage in this state may impose preexisting condition 
 11.36  limitations or otherwise deny or condition the issuance or 
 12.1   effectiveness of any such coverage available for sale in this 
 12.2   state, nor may it discriminate in the pricing of such coverage, 
 12.3   because of the health status, claims experience, receipt of 
 12.4   health care, medical condition, or age of an applicant where an 
 12.5   application for such coverage is submitted prior to or during 
 12.6   the six-month period beginning with the first day of the month 
 12.7   in which an individual first enrolled for benefits under 
 12.8   Medicare Part B.  This subdivision applies to each 
 12.9   Medicare-related coverage offered by a health carrier regardless 
 12.10  of whether the individual has attained the age of 65 years.  If 
 12.11  an individual who is enrolled in Medicare Part B due to 
 12.12  disability status is involuntarily disenrolled due to loss of 
 12.13  disability status, the individual is eligible for another 
 12.14  six-month enrollment period provided under this subdivision 
 12.15  beginning the first day of the month in which the individual 
 12.16  later becomes eligible for and enrolls again in Medicare Part 
 12.17  B.  An individual who is or was previously enrolled in Medicare 
 12.18  Part B due to disability status is eligible for another 
 12.19  six-month enrollment period under this subdivision beginning the 
 12.20  first day of the month in which the individual has attained the 
 12.21  age of 65 years and either maintains enrollment in, or enrolls 
 12.22  again in, Medicare Part B.  If an individual enrolled in 
 12.23  Medicare Part B voluntarily disenrolls from Medicare Part B 
 12.24  because the individual becomes reemployed and is enrolled under 
 12.25  an employee welfare benefit plan, the individual is eligible for 
 12.26  another six-month enrollment period, as provided in this 
 12.27  subdivision, beginning the first day of the month in which the 
 12.28  individual later becomes eligible for and enrolls again in 
 12.29  Medicare Part B. 
 12.30     Sec. 13.  Minnesota Statutes 2004, section 62A.315, is 
 12.31  amended to read: 
 12.32     62A.315 [EXTENDED BASIC MEDICARE SUPPLEMENT PLAN; 
 12.33  COVERAGE.] 
 12.34     The extended basic Medicare supplement plan must have a 
 12.35  level of coverage so that it will be certified as a qualified 
 12.36  plan pursuant to section 62E.07, and will provide: 
 13.1      (1) coverage for all of the Medicare Part A inpatient 
 13.2   hospital deductible and coinsurance amounts, and 100 percent of 
 13.3   all Medicare Part A eligible expenses for hospitalization not 
 13.4   covered by Medicare; 
 13.5      (2) coverage for the daily co-payment amount of Medicare 
 13.6   Part A eligible expenses for the calendar year incurred for 
 13.7   skilled nursing facility care; 
 13.8      (3) coverage for the coinsurance amount or in the case of 
 13.9   hospital outpatient department services paid under a prospective 
 13.10  payment system, the co-payment amount, of Medicare eligible 
 13.11  expenses under Medicare Part B regardless of hospital 
 13.12  confinement, and the Medicare Part B deductible amount; 
 13.13     (4) 80 percent of the usual and customary hospital and 
 13.14  medical expenses and supplies described in section 62E.06, 
 13.15  subdivision 1, not to exceed any charge limitation established 
 13.16  by the Medicare program or state law, the usual and customary 
 13.17  hospital and medical expenses and supplies, described in section 
 13.18  62E.06, subdivision 1, while in a foreign country, and 
 13.19  prescription drug expenses, not covered by Medicare; 
 13.20     (5) coverage for the reasonable cost of the first three 
 13.21  pints of blood, or equivalent quantities of packed red blood 
 13.22  cells as defined under federal regulations under Medicare parts 
 13.23  A and B, unless replaced in accordance with federal regulations; 
 13.24     (6) 100 percent of the cost of immunizations not otherwise 
 13.25  covered under Part D of the Medicare program and routine 
 13.26  screening procedures for cancer, including mammograms and pap 
 13.27  smears; 
 13.28     (7) preventive medical care benefit:  coverage for the 
 13.29  following preventive health services not covered by Medicare: 
 13.30     (i) an annual clinical preventive medical history and 
 13.31  physical examination that may include tests and services from 
 13.32  clause (ii) and patient education to address preventive health 
 13.33  care measures; 
 13.34     (ii) any one or a combination of the following preventive 
 13.35  screening tests or preventive services, the selection and 
 13.36  frequency of which is considered determined to be medically 
 14.1   appropriate: by the attending physician. 
 14.2      (A) fecal occult blood test and/or digital rectal 
 14.3   examination; 
 14.4      (B) dipstick urinalysis for hematuria, bacteriuria, and 
 14.5   proteinuria; 
 14.6      (C) pure tone (air only) hearing screening test 
 14.7   administered or ordered by a physician; 
 14.8      (D) serum cholesterol screening every five years; 
 14.9      (E) thyroid function test; 
 14.10     (F) diabetes screening; 
 14.11     (iii) any other tests or preventive measures determined 
 14.12  appropriate by the attending physician.  
 14.13     Reimbursement shall be for the actual charges up to 100 
 14.14  percent of the Medicare-approved amount for each service as if 
 14.15  Medicare were to cover the service as identified in American 
 14.16  Medical Association current procedural terminology (AMA CPT) 
 14.17  codes to a maximum of $120 annually under this benefit.  This 
 14.18  benefit shall not include payment for any procedure covered by 
 14.19  Medicare; 
 14.20     (8) at-home recovery benefit:  coverage for services to 
 14.21  provide short-term at-home assistance with activities of daily 
 14.22  living for those recovering from an illness, injury, or surgery: 
 14.23     (i) for purposes of this benefit, the following definitions 
 14.24  shall apply: 
 14.25     (A) "activities of daily living" include, but are not 
 14.26  limited to, bathing, dressing, personal hygiene, transferring, 
 14.27  eating, ambulating, assistance with drugs that are normally 
 14.28  self-administered, and changing bandages or other dressings; 
 14.29     (B) "care provider" means a duly qualified or licensed home 
 14.30  health aide/homemaker, personal care aide, or nurse provided 
 14.31  through a licensed home health care agency or referred by a 
 14.32  licensed referral agency or licensed nurses registry; 
 14.33     (C) "home" means a place used by the insured as a place of 
 14.34  residence, provided that the place would qualify as a residence 
 14.35  for home health care services covered by Medicare.  A hospital 
 14.36  or skilled nursing facility shall not be considered the 
 15.1   insured's place of residence; 
 15.2      (D) "at-home recovery visit" means the period of a visit 
 15.3   required to provide at-home recovery care, without limit on the 
 15.4   duration of the visit, except each consecutive four hours in a 
 15.5   24-hour period of services provided by a care provider is one 
 15.6   visit; 
 15.7      (ii) coverage requirements and limitations: 
 15.8      (A) at-home recovery services provided must be primarily 
 15.9   services that assist in activities of daily living; 
 15.10     (B) the insured's attending physician must certify that the 
 15.11  specific type and frequency of at-home recovery services are 
 15.12  necessary because of a condition for which a home care plan of 
 15.13  treatment was approved by Medicare; 
 15.14     (C) coverage is limited to: 
 15.15     (I) no more than the number and type of at-home recovery 
 15.16  visits certified as medically necessary by the insured's 
 15.17  attending physician.  The total number of at-home recovery 
 15.18  visits shall not exceed the number of Medicare-approved home 
 15.19  health care visits under a Medicare-approved home care plan of 
 15.20  treatment; 
 15.21     (II) the actual charges for each visit up to a maximum 
 15.22  reimbursement of $100 per visit; 
 15.23     (III) $4,000 per calendar year; 
 15.24     (IV) seven visits in any one week; 
 15.25     (V) care furnished on a visiting basis in the insured's 
 15.26  home; 
 15.27     (VI) services provided by a care provider as defined in 
 15.28  this section; 
 15.29     (VII) at-home recovery visits while the insured is covered 
 15.30  under the policy or certificate and not otherwise excluded; 
 15.31     (VIII) at-home recovery visits received during the period 
 15.32  the insured is receiving Medicare-approved home care services or 
 15.33  no more than eight weeks after the service date of the last 
 15.34  Medicare-approved home health care visit; 
 15.35     (iii) coverage is excluded for: 
 15.36     (A) home care visits paid for by Medicare or other 
 16.1   government programs; and 
 16.2      (B) care provided by unpaid volunteers or providers who are 
 16.3   not care providers. 
 16.4      Sec. 14.  Minnesota Statutes 2004, section 62A.316, is 
 16.5   amended to read: 
 16.6      62A.316 [BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.] 
 16.7      (a) The basic Medicare supplement plan must have a level of 
 16.8   coverage that will provide: 
 16.9      (1) coverage for all of the Medicare part A inpatient 
 16.10  hospital coinsurance amounts, and 100 percent of all Medicare 
 16.11  part A eligible expenses for hospitalization not covered by 
 16.12  Medicare, after satisfying the Medicare part A deductible; 
 16.13     (2) coverage for the daily co-payment amount of Medicare 
 16.14  part A eligible expenses for the calendar year incurred for 
 16.15  skilled nursing facility care; 
 16.16     (3) coverage for the coinsurance amount, or in the case of 
 16.17  outpatient department services paid under a prospective payment 
 16.18  system, the co-payment amount, of Medicare eligible expenses 
 16.19  under Medicare part B regardless of hospital confinement, 
 16.20  subject to the Medicare part B deductible amount; 
 16.21     (4) 80 percent of the hospital and medical expenses and 
 16.22  supplies incurred during travel outside the United States as a 
 16.23  result of a medical emergency; 
 16.24     (5) coverage for the reasonable cost of the first three 
 16.25  pints of blood, or equivalent quantities of packed red blood 
 16.26  cells as defined under federal regulations under Medicare parts 
 16.27  A and B, unless replaced in accordance with federal regulations; 
 16.28     (6) 100 percent of the cost of immunizations not otherwise 
 16.29  covered under Part D of the Medicare program and routine 
 16.30  screening procedures for cancer screening including mammograms 
 16.31  and pap smears; and 
 16.32     (7) 80 percent of coverage for all physician prescribed 
 16.33  medically appropriate and necessary equipment and supplies used 
 16.34  in the management and treatment of diabetes not otherwise 
 16.35  covered under Part D of the Medicare program.  Coverage must 
 16.36  include persons with gestational, type I, or type II diabetes. 
 17.1      (b) Only the following optional benefit riders may be added 
 17.2   to this plan: 
 17.3      (1) coverage for all of the Medicare part A inpatient 
 17.4   hospital deductible amount; 
 17.5      (2) a minimum of 80 percent of eligible medical expenses 
 17.6   and supplies not covered by Medicare part B, not to exceed any 
 17.7   charge limitation established by the Medicare program or state 
 17.8   law; 
 17.9      (3) coverage for all of the Medicare part B annual 
 17.10  deductible; 
 17.11     (4) coverage for at least 50 percent, or the equivalent of 
 17.12  50 percent, of usual and customary prescription drug expenses; 
 17.13     (5) coverage for the following preventive health services 
 17.14  medical care benefit coverage for the following preventative 
 17.15  health services not covered by Medicare: 
 17.16     (i) an annual clinical preventive medical history and 
 17.17  physical examination that may include tests and services from 
 17.18  clause (ii) and patient education to address preventive health 
 17.19  care measures; 
 17.20     (ii) any one or a combination of the following preventive 
 17.21  screening tests or preventive services, the selection and 
 17.22  frequency of which is considered determined to be medically 
 17.23  appropriate: by the attending physician. 
 17.24     (A) fecal occult blood test and/or digital rectal 
 17.25  examination; 
 17.26     (B) dipstick urinalysis for hematuria, bacteriuria, and 
 17.27  proteinuria; 
 17.28     (C) pure tone (air only) hearing screening test, 
 17.29  administered or ordered by a physician; 
 17.30     (D) serum cholesterol screening every five years; 
 17.31     (E) thyroid function test; 
 17.32     (F) diabetes screening; 
 17.33     (iii) any other tests or preventive measures determined 
 17.34  appropriate by the attending physician. 
 17.35     Reimbursement shall be for the actual charges up to 100 
 17.36  percent of the Medicare-approved amount for each service, as if 
 18.1   Medicare were to cover the service as identified in American 
 18.2   Medical Association current procedural terminology (AMA CPT) 
 18.3   codes, to a maximum of $120 annually under this benefit.  This 
 18.4   benefit shall not include payment for a procedure covered by 
 18.5   Medicare; 
 18.6      (6) coverage for services to provide short-term at-home 
 18.7   assistance with activities of daily living for those recovering 
 18.8   from an illness, injury, or surgery: 
 18.9      (i) For purposes of this benefit, the following definitions 
 18.10  apply: 
 18.11     (A) "activities of daily living" include, but are not 
 18.12  limited to, bathing, dressing, personal hygiene, transferring, 
 18.13  eating, ambulating, assistance with drugs that are normally 
 18.14  self-administered, and changing bandages or other dressings; 
 18.15     (B) "care provider" means a duly qualified or licensed home 
 18.16  health aide/homemaker, personal care aid, or nurse provided 
 18.17  through a licensed home health care agency or referred by a 
 18.18  licensed referral agency or licensed nurses registry; 
 18.19     (C) "home" means a place used by the insured as a place of 
 18.20  residence, provided that the place would qualify as a residence 
 18.21  for home health care services covered by Medicare.  A hospital 
 18.22  or skilled nursing facility shall not be considered the 
 18.23  insured's place of residence; 
 18.24     (D) "at-home recovery visit" means the period of a visit 
 18.25  required to provide at-home recovery care, without limit on the 
 18.26  duration of the visit, except each consecutive four hours in a 
 18.27  24-hour period of services provided by a care provider is one 
 18.28  visit; 
 18.29     (ii) Coverage requirements and limitations: 
 18.30     (A) at-home recovery services provided must be primarily 
 18.31  services that assist in activities of daily living; 
 18.32     (B) the insured's attending physician must certify that the 
 18.33  specific type and frequency of at-home recovery services are 
 18.34  necessary because of a condition for which a home care plan of 
 18.35  treatment was approved by Medicare; 
 18.36     (C) coverage is limited to: 
 19.1      (I) no more than the number and type of at-home recovery 
 19.2   visits certified as necessary by the insured's attending 
 19.3   physician.  The total number of at-home recovery visits shall 
 19.4   not exceed the number of Medicare-approved home care visits 
 19.5   under a Medicare-approved home care plan of treatment; 
 19.6      (II) the actual charges for each visit up to a maximum 
 19.7   reimbursement of $40 per visit; 
 19.8      (III) $1,600 per calendar year; 
 19.9      (IV) seven visits in any one week; 
 19.10     (V) care furnished on a visiting basis in the insured's 
 19.11  home; 
 19.12     (VI) services provided by a care provider as defined in 
 19.13  this section; 
 19.14     (VII) at-home recovery visits while the insured is covered 
 19.15  under the policy or certificate and not otherwise excluded; 
 19.16     (VIII) at-home recovery visits received during the period 
 19.17  the insured is receiving Medicare-approved home care services or 
 19.18  no more than eight weeks after the service date of the last 
 19.19  Medicare-approved home health care visit; 
 19.20     (iii) Coverage is excluded for: 
 19.21     (A) home care visits paid for by Medicare or other 
 19.22  government programs; and 
 19.23     (B) care provided by family members, unpaid volunteers, or 
 19.24  providers who are not care providers; 
 19.25     (7) coverage for at least 50 percent, or the equivalent of 
 19.26  50 percent, of usual and customary prescription drug expenses to 
 19.27  a maximum of $1,200 paid by the issuer annually under this 
 19.28  benefit.  An issuer of Medicare supplement insurance policies 
 19.29  that elects to offer this benefit rider shall also make 
 19.30  available coverage that contains the rider specified in clause 
 19.31  (4). 
 19.32     Sec. 15.  Minnesota Statutes 2004, section 62E.13, 
 19.33  subdivision 2, is amended to read: 
 19.34     Subd. 2.  [SELECTION OF WRITING CARRIER.] The association 
 19.35  may select policies and contracts, or parts thereof, submitted 
 19.36  by a member or members of the association, or by the association 
 20.1   or others, to develop specifications for bids from any entity 
 20.2   which wishes to be selected as a writing carrier to administer 
 20.3   the state plan.  The selection of the writing carrier shall be 
 20.4   based upon criteria established by the board of directors of the 
 20.5   association and approved by the commissioner.  The criteria 
 20.6   shall outline specific qualifications that an entity must 
 20.7   satisfy in order to be selected and, at a minimum, shall include 
 20.8   the entity's proven ability to handle large group accident and 
 20.9   health insurance cases, efficient claim paying capacity, and the 
 20.10  estimate of total charges for administering the plan.  The 
 20.11  association may select separate writing carriers for the two 
 20.12  types of qualified plans and the $2,000, $5,000, and $10,000 
 20.13  deductible plans, the qualified Medicare supplement plan plans, 
 20.14  and the health maintenance organization contract. 
 20.15     Sec. 16.  Minnesota Statutes 2004, section 62Q.471, is 
 20.16  amended to read: 
 20.17     62Q.471 [EXCLUSION FOR SUICIDE ATTEMPTS PROHIBITED.] 
 20.18     (a) No health plan may exclude or reduce coverage for 
 20.19  health care for an enrollee who is otherwise covered under the 
 20.20  health plan on the basis that the need for the health care arose 
 20.21  out of a suicide or suicide attempt by the enrollee. 
 20.22     (b) For purposes of this section, "health plan" has the 
 20.23  meaning given in section 62Q.01, subdivision 3, but includes the 
 20.24  coverages described in section 62A.011, clauses (4), (6), 
 20.25  and (7) and through (10). 
 20.26     Sec. 17.  Minnesota Statutes 2004, section 65A.29, 
 20.27  subdivision 11, is amended to read: 
 20.28     Subd. 11.  [NONRENEWAL.] Every insurer shall establish a 
 20.29  plan that sets out the minimum number and amount of claims 
 20.30  during an experience period that may result in a 
 20.31  nonrenewal.  For purposes of the plan, the insurer may not 
 20.32  consider as a claim the insured's inquiry about a hypothetical 
 20.33  claim, or the insured's inquiry to the insured's agent regarding 
 20.34  a potential claim. 
 20.35     No homeowner's insurance policy may be nonrenewed based on 
 20.36  the insured's loss experience unless the insurer has sent a 
 21.1   written notice that any future losses may result in nonrenewal 
 21.2   due to loss experience. 
 21.3      Any nonrenewal of a homeowner's insurance policy must, at a 
 21.4   minimum, comply with the requirements of subdivision 8 and the 
 21.5   rules adopted by the commissioner. 
 21.6      Sec. 18.  Minnesota Statutes 2004, section 65B.48, 
 21.7   subdivision 3, is amended to read: 
 21.8      Subd. 3.  Self-insurance, subject to approval of the 
 21.9   commissioner, is effected by filing with the commissioner in 
 21.10  satisfactory form: 
 21.11     (1) a continuing undertaking by the owner or other 
 21.12  appropriate person to pay tort liabilities or basic economic 
 21.13  loss benefits, or both, and to perform all other obligations 
 21.14  imposed by sections 65B.41 to 65B.71; 
 21.15     (2) evidence that appropriate provision exists for prompt 
 21.16  administration of all claims, benefits, and obligations provided 
 21.17  by sections 65B.41 to 65B.71; 
 21.18     (3) evidence that reliable financial arrangements, 
 21.19  deposits, or commitments exist providing assurance, 
 21.20  substantially equivalent to that afforded by a policy of 
 21.21  insurance complying with sections 65B.41 to 65B.71, for payment 
 21.22  of tort liabilities, basic economic loss benefits, and all other 
 21.23  obligations imposed by sections 65B.41 to 65B.71; and 
 21.24     (4) a nonrefundable initial application fee 
 21.25  of $1,500 $2,500 and an annual a renewal fee of $400 $1,200 
 21.26  for political subdivisions and $500 $1,500 for nonpolitical 
 21.27  entities every three years.  
 21.28     Sec. 19.  Minnesota Statutes 2004, section 72A.20, 
 21.29  subdivision 13, is amended to read: 
 21.30     Subd. 13.  [REFUSAL TO RENEW.] Refusing to renew, declining 
 21.31  to offer or write, or charging differential rates for an 
 21.32  equivalent amount of homeowner's insurance coverage, as defined 
 21.33  by section 65A.27, for property located in a town or statutory 
 21.34  or home rule charter city, in which the insurer offers to sell 
 21.35  or writes homeowner's insurance, solely because:  
 21.36     (a) of the geographic area in which the property is 
 22.1   located; 
 22.2      (b) of the age of the primary structure sought to be 
 22.3   insured; 
 22.4      (c) the insured or prospective insured was denied coverage 
 22.5   of the property by another insurer, whether by cancellation, 
 22.6   nonrenewal or declination to offer coverage, for a reason other 
 22.7   than those specified in section 65A.01, subdivision 3a, clauses 
 22.8   (a) to (e); or 
 22.9      (d) the property of the insured or prospective insured has 
 22.10  been insured under the Minnesota FAIR Plan Act, shall constitute 
 22.11  an unfair method of competition and an unfair and deceptive act 
 22.12  or practice; or 
 22.13     (e) the insured has inquired about coverage for a 
 22.14  hypothetical claim or has made an inquiry to the insured's agent 
 22.15  regarding a potential claim.  
 22.16     This subdivision prohibits an insurer from filing or 
 22.17  charging different rates for different zip code areas within the 
 22.18  same town or statutory or home rule charter city. 
 22.19     This subdivision shall not prohibit the insurer from 
 22.20  applying underwriting or rating standards which the insurer 
 22.21  applies generally in all other locations in the state and which 
 22.22  are not specifically prohibited by clauses (a) to (d) (e).  Such 
 22.23  underwriting or rating standards shall specifically include but 
 22.24  not be limited to standards based upon the proximity of the 
 22.25  insured property to an extraordinary hazard or based upon the 
 22.26  quality or availability of fire protection services or based 
 22.27  upon the density or concentration of the insurer's risks.  
 22.28  Clause (b) shall not prohibit the use of rating standards based 
 22.29  upon the age of the insured structure's plumbing, electrical, 
 22.30  heating or cooling system or other part of the structure, the 
 22.31  age of which affects the risk of loss.  Any insurer's failure to 
 22.32  comply with section 65A.29, subdivisions 2 to 4, either (1) by 
 22.33  failing to give an insured or applicant the required notice or 
 22.34  statement or (2) by failing to state specifically a bona fide 
 22.35  underwriting or other reason for the refusal to write shall 
 22.36  create a presumption that the insurer has violated this 
 23.1   subdivision.  
 23.2      Sec. 20.  Minnesota Statutes 2004, section 72A.20, 
 23.3   subdivision 36, is amended to read: 
 23.4      Subd. 36.  [LIMITATIONS ON THE USE OF CREDIT INFORMATION.] 
 23.5   (a) No insurer or group of affiliated insurers may reject, 
 23.6   cancel, or nonrenew a policy of private passenger motor vehicle 
 23.7   insurance as defined under section 65B.01 or a policy of 
 23.8   homeowner's insurance as defined under section 65A.27, for any 
 23.9   person in whole or in part on the basis of credit information, 
 23.10  including a credit reporting product known as a "credit score" 
 23.11  or "insurance score," without consideration and inclusion of any 
 23.12  other applicable underwriting factor. 
 23.13     (b) If credit information, credit scoring, or insurance 
 23.14  scoring is to be used in underwriting, the insurer must disclose 
 23.15  to the consumer that credit information will be obtained and 
 23.16  used as part of the insurance underwriting process. 
 23.17     (c) Insurance inquiries and non-consumer-initiated 
 23.18  inquiries must not be used as part of the credit scoring or 
 23.19  insurance scoring process. 
 23.20     (d) If a credit score, insurance score, or other credit 
 23.21  information relating to a consumer, with respect to the types of 
 23.22  insurance referred to in paragraph (a), is adversely impacted or 
 23.23  cannot be generated because of the absence of a credit history, 
 23.24  the insurer must exclude the use of credit as a factor in the 
 23.25  decision to reject, cancel, or nonrenew. 
 23.26     (e) Insurers must upon the request of a policyholder 
 23.27  reevaluate the policyholder's score.  Any change in premium 
 23.28  resulting from the reevaluation must be effective upon the 
 23.29  renewal of the policy.  An insurer is not required to reevaluate 
 23.30  a policyholder's score pursuant to this paragraph more than 
 23.31  twice in any given calendar year. 
 23.32     (f) Insurers must upon request of the applicant or 
 23.33  policyholder provide reasonable underwriting exceptions based 
 23.34  upon prior credit histories for persons whose credit information 
 23.35  is unduly influenced by expenses related to a catastrophic 
 23.36  injury or illness, temporary loss of employment, or the death of 
 24.1   an immediate family member.  The insurer may require reasonable 
 24.2   documentation of these events prior to granting an exception. 
 24.3      (f) (g) A credit scoring or insurance scoring methodology 
 24.4   must not be used by an insurer if the credit scoring or 
 24.5   insurance scoring methodology incorporates the gender, race, 
 24.6   nationality, or religion of an insured or applicant. 
 24.7      (g) (h) Insurers that employ a credit scoring or insurance 
 24.8   scoring system in underwriting of coverage described in 
 24.9   paragraph (a) must have on file with the commissioner: 
 24.10     (1) the insurer's credit scoring or insurance scoring 
 24.11  methodology; and 
 24.12     (2) information that supports the insurer's use of a credit 
 24.13  score or insurance score as an underwriting criterion. 
 24.14     (h) (i) Insurers described in paragraph (g) shall file the 
 24.15  required information with the commissioner within 120 days of 
 24.16  August 1, 2002, or prior to implementation of a credit scoring 
 24.17  or insurance scoring system by the insurer, if that date is 
 24.18  later. 
 24.19     (i) (j) Information provided by, or on behalf of, an 
 24.20  insurer to the commissioner under this subdivision is trade 
 24.21  secret information under section 13.37. 
 24.22     Sec. 21.  Minnesota Statutes 2004, section 79.211, is 
 24.23  amended by adding a subdivision to read: 
 24.24     Subd. 4.  [EXPERIENCE MODIFICATION FACTOR REVISION FOR 
 24.25  CERTAIN CLOSED CLAIMS.] An insurer or an employer insured under 
 24.26  a workers' compensation policy subject to an experience rating 
 24.27  plan may request in writing of the data service organization 
 24.28  computing the policy's experience modification factor that the 
 24.29  most recent factor be revised if each of the following criteria 
 24.30  is met: 
 24.31     (1) a workers' compensation claim under that policy is 
 24.32  closed between the normal valuation date for that claim and the 
 24.33  next time that valuation is used in experience modification 
 24.34  factor on the policy; 
 24.35     (2) the data service organization receives a revised unit 
 24.36  statistical report containing data on the closed claim in a form 
 25.1   consistent with its filed unit statistical plan; and 
 25.2      (3) inclusion of the closed claim in the experience 
 25.3   modification factor calculation would impact that factor by five 
 25.4   percentage points or more. 
 25.5      Sec. 22.  Minnesota Statutes 2004, section 79.40, is 
 25.6   amended to read: 
 25.7      79.40 [PREMIUM INCLUSION IN RATEMAKING.] 
 25.8      Premiums charged members by the reinsurance association 
 25.9   shall be recognized in the ratemaking procedures for insurance 
 25.10  rates in the same manner as assessments for the special 
 25.11  compensation fund.  
 25.12     Sec. 23.  Minnesota Statutes 2004, section 79.56, 
 25.13  subdivision 1, is amended to read: 
 25.14     Subdivision 1.  [PREFILING OF RATES.] (a) Each insurer 
 25.15  shall file with the commissioner a complete copy of its rates 
 25.16  and rating plan, and all changes and amendments thereto, and 
 25.17  such supporting data and information that the commissioner may 
 25.18  by rule require, at least 60 days prior to its effective date.  
 25.19  The commissioner shall advise an insurer within 30 days of the 
 25.20  filing if its submission is not accompanied with such supporting 
 25.21  data and information that the commissioner by rule may require.  
 25.22  The commissioner may extend the filing review period and 
 25.23  effective date for an additional 30 days if an insurer, after 
 25.24  having been advised of what supporting data and information is 
 25.25  necessary to complete its filing, does not provide such 
 25.26  information within 15 days of having been so notified.  If any 
 25.27  rate or rating plan filing or amendment thereto is not 
 25.28  disapproved by the commissioner within the filing review period, 
 25.29  the insurer may implement it.  For the period August 1, 1995, to 
 25.30  December 31, 1995, the filing shall be made at least 90 days 
 25.31  prior to the effective date and the department shall advise an 
 25.32  insurer within 60 days of such filing if the filing is 
 25.33  insufficient under this section. 
 25.34     (b) A rating plan or rates are not subject to the 
 25.35  requirements of paragraph (a), where the insurer files a 
 25.36  certification verifying that it will use the mutually agreed 
 26.1   upon rating plan or rates only to write a specific employer that 
 26.2   generates $250,000 in annual written workers' compensation 
 26.3   premiums before the application of any large deductible rating 
 26.4   plan.  The certification must be refiled upon each renewal of 
 26.5   the employer's policy.  The $250,000 threshold includes premiums 
 26.6   generated in any state.  The designation and certification must 
 26.7   be submitted in substantially the following form: 
 26.8   Name and address of insurer:................................. 
 26.9   Name and address of insured employer:........................ 
 26.10  Policy period:............................................... 
 26.11  I certify that the employer named above generates $250,000 or 
 26.12  more in annual countrywide written workers' compensation 
 26.13  premiums, and that the calculation of this threshold is based on 
 26.14  the rates and rating plans that have been approved by the 
 26.15  appropriate state regulatory authority.  The filing of this 
 26.16  certification authorizes the use of this rate or rating plan 
 26.17  only for the named employer. 
 26.18  Name of responsible officer:................................. 
 26.19  Title:....................................................... 
 26.20  Signature:................................................... 
 26.21     Sec. 24.  Minnesota Statutes 2004, section 79.56, 
 26.22  subdivision 3, is amended to read: 
 26.23     Subd. 3.  [PENALTIES.] (a) Any insurer using a rate or a 
 26.24  rating plan which has not been filed or certified under 
 26.25  subdivision 1 shall be subject to a fine of up to $100 for each 
 26.26  day the failure to file continues.  The commissioner may, after 
 26.27  a hearing on the record, find that the failure is willful.  A 
 26.28  willful failure to meet filing requirements shall be punishable 
 26.29  by a fine of up to $500 for each day during which a willful 
 26.30  failure continues.  These penalties shall be in addition to any 
 26.31  other penalties provided by law.  
 26.32     (b) Notwithstanding this subdivision, an employer that 
 26.33  generates $250,000 in annual written workers' compensation 
 26.34  premium under the rates and rating plan of an insurer before the 
 26.35  application of any large deductible rating plans, may be written 
 26.36  by that insurer using rates or rating plans that are not subject 
 27.1   to disapproval but which have been filed.  For the purposes of 
 27.2   this paragraph, written workers' compensation premiums generated 
 27.3   from states other than Minnesota are included in calculating the 
 27.4   $250,000 threshold for large risk alternative rating option 
 27.5   plans.  
 27.6      Sec. 25.  Minnesota Statutes 2004, section 79.62, 
 27.7   subdivision 3, is amended to read: 
 27.8      Subd. 3.  [ISSUANCE.] The commissioner, upon finding that 
 27.9   the applicant organization is qualified to provide the services 
 27.10  required and proposed, or has contracted with a licensed data 
 27.11  service organization to purchase these services which are 
 27.12  required by this chapter but are not provided directly by the 
 27.13  applicant, and that all requirements of law are met, shall issue 
 27.14  a license.  Each license is subject to annual renewal effective 
 27.15  June 30.  Each new or renewal license application must be 
 27.16  accompanied by a fee of $50 $1,000.  
 27.17     Sec. 26.  Minnesota Statutes 2004, section 79A.03, 
 27.18  subdivision 9, is amended to read: 
 27.19     Subd. 9.  [FILING REPORTS.] (a) Incurred losses, paid and 
 27.20  unpaid, specifying indemnity and medical losses by 
 27.21  classification, payroll by classification, and current estimated 
 27.22  outstanding liability for workers' compensation shall be 
 27.23  reported to the commissioner by each self-insurer on a calendar 
 27.24  year basis, in a manner and on forms available from the 
 27.25  commissioner.  Payroll information must be filed by April 1 of 
 27.26  the following year.  
 27.27     (b) Each self-insurer shall, under oath, attest to the 
 27.28  accuracy of each report submitted pursuant to paragraph (a).  
 27.29  Upon sufficient cause, the commissioner shall require the 
 27.30  self-insurer to submit a certified audit of payroll and claim 
 27.31  records conducted by an independent auditor approved by the 
 27.32  commissioner, based on generally accepted accounting principles 
 27.33  and generally accepted auditing standards, and supported by an 
 27.34  actuarial review and opinion of the future contingent 
 27.35  liabilities.  The basis for sufficient cause shall include the 
 27.36  following factors:  where the losses reported appear 
 28.1   significantly different from similar types of businesses; where 
 28.2   major changes in the reports exist from year to year, which are 
 28.3   not solely attributable to economic factors; or where the 
 28.4   commissioner has reason to believe that the losses and payroll 
 28.5   in the report do not accurately reflect the losses and payroll 
 28.6   of that employer.  If any discrepancy is found, the commissioner 
 28.7   shall require changes in the self-insurer's or workers' 
 28.8   compensation service company record-keeping practices. 
 28.9      (c) An annual status report due August 1 by each 
 28.10  self-insurer shall be filed in a manner and on forms prescribed 
 28.11  by the commissioner.  
 28.12     (d) Each individual self-insurer shall, within four months 
 28.13  after the end of its fiscal year, annually file with the 
 28.14  commissioner its latest 10K report required by the Securities 
 28.15  and Exchange Commission.  If an individual self-insurer does not 
 28.16  prepare a 10K report, it shall file an annual certified 
 28.17  financial statement, together with such other financial 
 28.18  information as the commissioner may require to substantiate data 
 28.19  in the financial statement.  
 28.20     (e) Each member of the group shall, within seven six months 
 28.21  after the end of each fiscal year for that group, file submit to 
 28.22  a certified public accountant designated by the group, the most 
 28.23  recent annual financial statement, reviewed by a certified 
 28.24  public accountant in accordance with the Statements on Standards 
 28.25  for Accounting and Review Services, Volume 2, the American 
 28.26  Institute of Certified Public Accountants Professional 
 28.27  Standards, or audited in accordance with generally accepted 
 28.28  auditing standards, together with such other financial 
 28.29  information the commissioner may require.  In addition, the 
 28.30  group shall file with the commissioner, within seven months 
 28.31  after the end of each fiscal year for that group, combining 
 28.32  financial statements of the group members, compiled by a 
 28.33  certified public accountant in accordance with the Statements on 
 28.34  Standards for Accounting and Review Services, Volume 2, the 
 28.35  American Institute of Certified Public Accountants Professional 
 28.36  Standards.  The combining financial statements shall include, 
 29.1   but not be limited to, a balance sheet, income statement, 
 29.2   statement of changes in net worth, and statement of cash flow.  
 29.3   Each combining financial statement shall include a column for 
 29.4   each individual group member along with a total column.  Each 
 29.5   combined statement shall have a statement from the certified 
 29.6   public accountant confirming that each member has submitted the 
 29.7   required financial statement as defined in this section.  The 
 29.8   certified public accountant shall notify the commissioner if any 
 29.9   statement is qualified or otherwise conditional.  The 
 29.10  commissioner may require additional financial information from 
 29.11  any group member.  
 29.12     Where a group has 50 or more members, the group shall file, 
 29.13  in lieu of the combining financial statements, a combined 
 29.14  financial statement showing only the total column for the entire 
 29.15  group's balance sheet, income statement, statement of changes in 
 29.16  net worth, and statement of cash flow.  Additionally, the group 
 29.17  shall disclose, for each member, the total assets, net worth, 
 29.18  revenue, and income for the most recent fiscal year.  The 
 29.19  combining and combined financial statements may omit all 
 29.20  footnote disclosures. 
 29.21     (f) In addition to the financial statements required by 
 29.22  paragraphs (d) and (e), interim financial statements or 10Q 
 29.23  reports required by the Securities and Exchange Commission may 
 29.24  be required by the commissioner upon an indication that there 
 29.25  has been deterioration in the self-insurer's financial 
 29.26  condition, including a worsening of current ratio, lessening of 
 29.27  net worth, net loss of income, the downgrading of the company's 
 29.28  bond rating, or any other significant change that may adversely 
 29.29  affect the self-insurer's ability to pay expected losses.  Any 
 29.30  self-insurer that files an 8K report with the Securities and 
 29.31  Exchange Commission shall also file a copy of the report with 
 29.32  the commissioner within 30 days of the filing with the 
 29.33  Securities and Exchange Commission. 
 29.34     Sec. 27.  Minnesota Statutes 2004, section 79A.04, 
 29.35  subdivision 2, is amended to read: 
 29.36     Subd. 2.  [MINIMUM DEPOSIT.] The minimum deposit is 110 
 30.1   percent of the private self-insurer's estimated future 
 30.2   liability.  The deposit may be used to secure payment of all 
 30.3   administrative and legal costs, and unpaid assessments required 
 30.4   by section 79A.12, subdivision 2, relating to or arising from 
 30.5   its or other employers' self-insuring.  As used in this section, 
 30.6   "private self-insurer" includes both current and former members 
 30.7   of the self-insurers' security fund; and "private self-insurers' 
 30.8   estimated future liability" means the private self-insurers' 
 30.9   total of estimated future liability as determined by an 
 30.10  Associate or Fellow of the Casualty Actuarial Society every year 
 30.11  for group member private self-insurers and, for a nongroup 
 30.12  member private self-insurer's authority to self-insure, every 
 30.13  year for the first five years.  After the first five years, the 
 30.14  nongroup member's total shall be as determined by an Associate 
 30.15  or Fellow of the Casualty Actuarial Society at least every two 
 30.16  years, and each such actuarial study shall include a projection 
 30.17  of future losses during the period until the next scheduled 
 30.18  actuarial study, less payments anticipated to be made during 
 30.19  that time.  
 30.20     All data and information furnished by a private 
 30.21  self-insurer to an Associate or Fellow of the Casualty Actuarial 
 30.22  Society for purposes of determining private self-insurers' 
 30.23  estimated future liability must be certified by an officer of 
 30.24  the private self-insurer to be true and correct with respect to 
 30.25  payroll and paid losses, and must be certified, upon information 
 30.26  and belief, to be true and correct with respect to reserves.  
 30.27  The certification must be made by sworn affidavit.  In addition 
 30.28  to any other remedies provided by law, the certification of 
 30.29  false data or information pursuant to this subdivision may 
 30.30  result in a fine imposed by the commissioner of commerce on the 
 30.31  private self-insurer up to the amount of $5,000, and termination 
 30.32  of the private self-insurers' authority to self-insure.  The 
 30.33  determination of private self-insurers' estimated future 
 30.34  liability by an Associate or Fellow of the Casualty Actuarial 
 30.35  Society shall be conducted in accordance with standards and 
 30.36  principles for establishing loss and loss adjustment expense 
 31.1   reserves by the Actuarial Standards Board, an affiliate of the 
 31.2   American Academy of Actuaries.  The commissioner may reject an 
 31.3   actuarial report that does not meet the standards and principles 
 31.4   of the Actuarial Standards Board, and may further disqualify the 
 31.5   actuary who prepared the report from submitting any future 
 31.6   actuarial reports pursuant to this chapter.  Within 30 days 
 31.7   after the actuary has been served by the commissioner with a 
 31.8   notice of disqualification, an actuary who is aggrieved by the 
 31.9   disqualification may request a hearing to be conducted in 
 31.10  accordance with chapter 14.  Based on a review of the actuarial 
 31.11  report, the commissioner of commerce may require an increase in 
 31.12  the minimum security deposit in an amount the commissioner 
 31.13  considers sufficient. 
 31.14     Estimated future liability is determined by first taking 
 31.15  the total amount of the self-insured's future liability of 
 31.16  workers' compensation claims and then deducting the total amount 
 31.17  which is estimated to be returned to the self-insurer from any 
 31.18  specific excess insurance coverage, aggregate excess insurance 
 31.19  coverage, and any supplementary benefits or second injury 
 31.20  benefits which are estimated to be reimbursed by the special 
 31.21  compensation fund.  However, in the determination of estimated 
 31.22  future liability, the actuary for the self-insurer shall not 
 31.23  take a credit for any excess insurance or reinsurance which is 
 31.24  provided by a captive insurance company which is wholly owned by 
 31.25  the self-insurer.  Supplementary benefits or second injury 
 31.26  benefits will not be reimbursed by the special compensation fund 
 31.27  unless the special compensation fund assessment pursuant to 
 31.28  section 176.129 is paid and the reports required thereunder are 
 31.29  filed with the special compensation fund.  In the case of surety 
 31.30  bonds, bonds shall secure administrative and legal costs in 
 31.31  addition to the liability for payment of compensation reflected 
 31.32  on the face of the bond.  In no event shall the security be less 
 31.33  than the last retention limit selected by the self-insurer with 
 31.34  the Workers' Compensation Reinsurance Association, provided that 
 31.35  the commissioner may allow former members to post less than the 
 31.36  Workers' Compensation Reinsurance Association retention level if 
 32.1   that amount is adequate to secure payment of the self-insurers' 
 32.2   estimated future liability, as defined in this subdivision, 
 32.3   including payment of claims, administrative and legal costs, and 
 32.4   unpaid assessments required by section 79A.12, subdivision 2.  
 32.5   The posting or depositing of security pursuant to this section 
 32.6   shall release all previously posted or deposited security from 
 32.7   any obligations under the posting or depositing and any surety 
 32.8   bond so released shall be returned to the surety.  Any other 
 32.9   security shall be returned to the depositor or the person 
 32.10  posting the bond. 
 32.11     As a condition for the granting or renewing of a 
 32.12  certificate to self-insure, the commissioner may require a 
 32.13  private self-insurer to furnish any additional security the 
 32.14  commissioner considers sufficient to insure payment of all 
 32.15  claims under chapter 176. 
 32.16     Sec. 28.  Minnesota Statutes 2004, section 79A.04, 
 32.17  subdivision 10, is amended to read: 
 32.18     Subd. 10.  [NOTICE; OBLIGATION OF FUND.] In the event of 
 32.19  bankruptcy, insolvency, or certificate of default, the 
 32.20  commissioner shall immediately notify by certified mail the 
 32.21  commissioner of finance, the surety, the issuer of an 
 32.22  irrevocable letter of credit, and any custodian of the security 
 32.23  required in this chapter.  At the time of notification, the 
 32.24  commissioner shall also call the security and transfer and 
 32.25  assign it to the self-insurers' security fund.  The commissioner 
 32.26  shall also immediately notify by certified mail the 
 32.27  self-insurers' security fund, and order the security fund to 
 32.28  assume the insolvent self-insurers' obligations for which it is 
 32.29  liable under chapter 176.  The security fund shall commence 
 32.30  payment of these obligations within 14 days of receipt of this 
 32.31  notification and order.  Payments shall be made to claimants 
 32.32  whose entitlement to benefits can be ascertained by the security 
 32.33  fund, with or without proceedings before the Department of Labor 
 32.34  and Industry, the Office of Administrative Hearings, the 
 32.35  Workers' Compensation Court of Appeals, or the Minnesota Supreme 
 32.36  Court.  Upon the assumption of obligations by the security fund 
 33.1   pursuant to the commissioner's notification and order, the 
 33.2   security fund has the right to immediate possession of any 
 33.3   posted or deposited security and the custodian, surety, or 
 33.4   issuer of any irrevocable letter of credit or the commissioner, 
 33.5   if in possession of it, shall turn over the security, proceeds 
 33.6   of the surety bond, or letter of credit to the security fund 
 33.7   together with the interest that has accrued since the date of 
 33.8   the self-insured employer's insolvency.  The security fund has 
 33.9   the right to the immediate possession of all relevant worker's 
 33.10  compensation claim files and data of the self-insurer, and the 
 33.11  possessor of the files and data must turn the files and data, or 
 33.12  complete copies of them, over to the security fund within five 
 33.13  days of the notification provided under this subdivision.  If 
 33.14  the possessor of the files and data fails to timely turn over 
 33.15  the files and data to the security fund, it is liable to the 
 33.16  security fund for a penalty of $500 per day for each day after 
 33.17  the five-day period has expired.  The security fund is entitled 
 33.18  to recover its reasonable attorney fees and costs in any action 
 33.19  brought to obtain possession of the worker's compensation claim 
 33.20  files and data of the self-insurer, and for any action to 
 33.21  recover the penalties provided by this subdivision.  The 
 33.22  self-insurers' security fund may administer payment of benefits 
 33.23  or it may retain a third-party administrator to do so.  
 33.24     Sec. 29.  Minnesota Statutes 2004, section 79A.06, 
 33.25  subdivision 5, is amended to read: 
 33.26     Subd. 5.  [PRIVATE EMPLOYERS WHO HAVE CEASED TO BE 
 33.27  SELF-INSURED.] (a) Private employers who have ceased to be 
 33.28  private self-insurers shall discharge their continuing 
 33.29  obligations to secure the payment of compensation which is 
 33.30  accrued during the period of self-insurance, for purposes of 
 33.31  Laws 1988, chapter 674, sections 1 to 21, by compliance with all 
 33.32  of the following obligations of current certificate holders: 
 33.33     (1) Filing reports with the commissioner to carry out the 
 33.34  requirements of this chapter; 
 33.35     (2) Depositing and maintaining a security deposit for 
 33.36  accrued liability for the payment of any compensation which may 
 34.1   become due, pursuant to chapter 176.  However, if a private 
 34.2   employer who has ceased to be a private self-insurer purchases 
 34.3   an insurance policy from an insurer authorized to transact 
 34.4   workers' compensation insurance in this state which provides 
 34.5   coverage of all claims for compensation arising out of injuries 
 34.6   occurring during the entire period the employer was 
 34.7   self-insured, whether or not reported during that period, the 
 34.8   policy will: 
 34.9      (i) discharge the obligation of the employer to maintain a 
 34.10  security deposit for the payment of the claims covered under the 
 34.11  policy; 
 34.12     (ii) discharge any obligation which the self-insurers' 
 34.13  security fund has or may have for payment of all claims for 
 34.14  compensation arising out of injuries occurring during the period 
 34.15  the employer was self-insured, whether or not reported during 
 34.16  that period; and 
 34.17     (iii) discharge the obligations of the employer to pay any 
 34.18  future assessments to the self-insurers' security fund.  
 34.19     A private employer who has ceased to be a private 
 34.20  self-insurer may instead buy an insurance policy described 
 34.21  above, except that it covers only a portion of the period of 
 34.22  time during which the private employer was self-insured; 
 34.23  purchase of such a policy discharges any obligation that the 
 34.24  self-insurers' security fund has or may have for payment of all 
 34.25  claims for compensation arising out of injuries occurring during 
 34.26  the period for which the policy provides coverage, whether or 
 34.27  not reported during that period.  
 34.28     A policy described in this clause may not be issued by an 
 34.29  insurer unless it has previously been approved as to form and 
 34.30  substance by the commissioner; and 
 34.31     (3) Paying within 30 days all assessments of which notice 
 34.32  is sent by the security fund, for a period of seven years from 
 34.33  the last day its certificate of self-insurance was in effect.  
 34.34  Thereafter, the private employer who has ceased to be a private 
 34.35  self-insurer may either:  (i) continue to pay within 30 days all 
 34.36  assessments of which notice is sent by the security fund until 
 35.1   it has no incurred liabilities for the payment of compensation 
 35.2   arising out of injuries during the period of self-insurance; or 
 35.3   (ii) pay the security fund a cash payment equal to four percent 
 35.4   of the net present value of all remaining incurred liabilities 
 35.5   for the payment of compensation under sections 176.101 and 
 35.6   176.111 as certified by a member of the casualty actuarial 
 35.7   society.  Assessments shall be based on the benefits paid by the 
 35.8   employer during the calendar year immediately preceding the 
 35.9   calendar year in which the employer's right to self-insure is 
 35.10  terminated or withdrawn. 
 35.11     (b) With respect to a self-insurer who terminates its 
 35.12  self-insurance authority after April 1, 1998, that member shall 
 35.13  obtain and file with the commissioner an actuarial opinion of 
 35.14  its outstanding liabilities as determined by an associate or 
 35.15  fellow of the Casualty Actuarial Society within 120 days of the 
 35.16  date of its termination.  If the actuarial opinion is not timely 
 35.17  filed, the self-insurers' security fund may, at its discretion, 
 35.18  engage the services of an actuary for this purpose.  The expense 
 35.19  of this actuarial opinion must be assessed against and be the 
 35.20  obligation of the self-insurer.  The commissioner may issue a 
 35.21  certificate of default against the self-insurer for failure to 
 35.22  pay this assessment to the self-insurers' security fund as 
 35.23  provided by section 79A.04, subdivision 9.  The opinion must 
 35.24  separate liability for indemnity benefits from liability from 
 35.25  medical benefits, and must discount each up to four percent per 
 35.26  annum to net present value.  Within 30 days after notification 
 35.27  of approval of the actuarial opinion by the commissioner, the 
 35.28  member shall pay to the security fund an amount equal to 120 
 35.29  percent of that discounted outstanding indemnity liability, 
 35.30  multiplied by the greater of the average annualized assessment 
 35.31  rate since inception of the security fund or the annual rate at 
 35.32  the time of the most recent assessment before termination.  If 
 35.33  the payment is not made within 30 days of the notification, 
 35.34  interest on it at the rate prescribed by section 549.09 must be 
 35.35  paid by the former member to the security fund until the 
 35.36  principal amount is paid in full. 
 36.1      (c) A former member who terminated its self-insurance 
 36.2   authority before April 1, 1998, who has paid assessments to the 
 36.3   self-insurers' security fund for seven years, and whose 
 36.4   annualized assessment is $500 or less, may buy out of its 
 36.5   outstanding liabilities to the self-insurers' security fund by 
 36.6   an amount calculated as follows:  1.35 multiplied by the 
 36.7   indemnity case reserves at the time of the calculation, 
 36.8   multiplied by the then current self-insurers' security fund 
 36.9   annualized assessment rate. 
 36.10     (d) A former member who terminated its self-insurance 
 36.11  authority before April 1, 1998, and who is paying assessments 
 36.12  within the first seven years after ceasing to be self-insured 
 36.13  under paragraph (a), clause (3), may elect to buy out its 
 36.14  outstanding liabilities to the self-insurers' security fund by 
 36.15  obtaining and filing with the commissioner an actuarial opinion 
 36.16  of its outstanding liabilities as determined by an associate or 
 36.17  fellow of the Casualty Actuarial Society.  The opinion must 
 36.18  separate liability for indemnity benefits from liability for 
 36.19  medical benefits, and must discount each up to four percent per 
 36.20  annum to net present value.  Within 30 days after notification 
 36.21  of approval of the actuarial opinion by the commissioner, the 
 36.22  member shall pay to the security fund an amount equal to 120 
 36.23  percent of that discounted outstanding indemnity liability, 
 36.24  multiplied by the greater of the average annualized assessment 
 36.25  rate since inception of the security fund or the annual rate at 
 36.26  the time of the most recent assessment. 
 36.27     (e) A former member who has paid the security fund 
 36.28  according to paragraphs (b) to (d) and subsequently receives 
 36.29  authority from the commissioner to again self-insure shall be 
 36.30  assessed under section 79A.12, subdivision 2, only on indemnity 
 36.31  benefits paid on injuries that occurred after the former member 
 36.32  received authority to self-insure again; provided that the 
 36.33  member furnishes verified data regarding those benefits to the 
 36.34  security fund. 
 36.35     (f) In addition to proceedings to establish liabilities and 
 36.36  penalties otherwise provided, a failure to comply may be the 
 37.1   subject of a proceeding before the commissioner.  An appeal from 
 37.2   the commissioner's determination may be taken pursuant to the 
 37.3   contested case procedures of chapter 14 within 30 days of the 
 37.4   commissioner's written determination. 
 37.5      Any current or past member of the self-insurers' security 
 37.6   fund is subject to service of process on any claim arising out 
 37.7   of chapter 176 or this chapter in the manner provided by section 
 37.8   5.25, or as otherwise provided by law.  The issuance of a 
 37.9   certificate to self-insure to the private self-insured employer 
 37.10  shall be deemed to be the agreement that any process which is 
 37.11  served in accordance with this section shall be of the same 
 37.12  legal force and effect as if served personally within this state.
 37.13     Sec. 30.  Minnesota Statutes 2004, section 79A.12, 
 37.14  subdivision 2, is amended to read: 
 37.15     Subd. 2.  [ASSESSMENT.] The security fund may assess each 
 37.16  of its members a pro rata share of the funding necessary to 
 37.17  carry out its obligation and the purposes of this chapter.  
 37.18  Total annual assessments in any calendar year shall not exceed 
 37.19  ten percent of the workers' compensation benefits paid under 
 37.20  sections 176.101 and 176.111 during the previous paid indemnity 
 37.21  losses, as defined in section 176.129, made by the self-insured 
 37.22  employer during the preceding calendar year.  The annual 
 37.23  assessment calculation shall not include supplementary benefits 
 37.24  paid which will be reimbursed by the special compensation fund.  
 37.25  Funds obtained by assessments pursuant to this subdivision may 
 37.26  only be used for the purposes of this chapter.  The trustees 
 37.27  shall certify to the commissioner the collection and receipt of 
 37.28  all money from assessments, noting any delinquencies.  The 
 37.29  trustees shall take any action deemed appropriate to collect any 
 37.30  delinquent assessments. 
 37.31     Sec. 31.  Minnesota Statutes 2004, section 79A.22, 
 37.32  subdivision 11, is amended to read: 
 37.33     Subd. 11.  [DISBURSEMENT OF FUND SURPLUS.] (a) One 
 37.34  hundred Except as otherwise provided in paragraphs (b) and (c), 
 37.35  100 percent of any surplus money for a fund year in excess of 
 37.36  125 percent of the amount necessary to fulfill all obligations 
 38.1   under the Workers' Compensation Act, chapter 176, for that fund 
 38.2   year may be declared refundable to a member eligible members at 
 38.3   any time.  The date shall be no earlier than 18 months following 
 38.4   the end of such fund year.  The first disbursement of fund 
 38.5   surplus may not be made prior to the written approval of the 
 38.6   commissioner.  There can be no more than one refund made in any 
 38.7   12-month period. 
 38.8      (b) Except as otherwise provided in paragraph (c), for 
 38.9   groups that have been in existence for five years or more, 100 
 38.10  percent of any surplus money for a fund year in excess of 110 
 38.11  percent of the amount necessary to fulfill all obligations under 
 38.12  the Workers' Compensation Act, chapter 176, for that fund year 
 38.13  may be declared refundable to eligible members at any time. 
 38.14     (c) Excess surplus distributions under paragraphs (a) and 
 38.15  (b) may not be greater than the combined surplus of the group at 
 38.16  the time of the distribution. 
 38.17     (d) When all the claims of any one fund year have been 
 38.18  fully paid, as certified by an actuary, all surplus money from 
 38.19  that fund year may be declared refundable. 
 38.20     (b) (e) The commercial self-insurance group shall give ten 
 38.21  days' prior notice to the commissioner of any refund.  Said The 
 38.22  notice shall must be accompanied by a statement from the 
 38.23  commercial self-insurer group's certified public accountant 
 38.24  certifying that the proposed refund is in compliance 
 38.25  with paragraph (a) this subdivision. 
 38.26     Sec. 32.  Minnesota Statutes 2004, section 79A.22, is 
 38.27  amended by adding a subdivision to read: 
 38.28     Subd. 14.  [ALL STATES COVERAGE.] Policies issued by 
 38.29  commercial self-insurance groups pursuant to this chapter may 
 38.30  also provide workers' compensation coverage required under the 
 38.31  laws of states other than Minnesota, commonly known as "all 
 38.32  states coverage."  The coverage must be provided to members of 
 38.33  the group which are temporarily performing work in another state.
 38.34     Sec. 33.  Minnesota Statutes 2004, section 176.191, 
 38.35  subdivision 3, is amended to read: 
 38.36     Subd. 3.  [INSURER PAYMENT.] If a dispute exists as to 
 39.1   whether an employee's injury is compensable under this chapter 
 39.2   and the employee is otherwise covered by an insurer or entity 
 39.3   pursuant to chapters 62A, 62C and, 62D, 62E, 62R, and 62T, that 
 39.4   insurer or entity shall pay any medical costs incurred by the 
 39.5   employee for the injury up to the limits of the applicable 
 39.6   coverage and shall make any disability payments otherwise 
 39.7   payable by that insurer or entity in the absence of or in 
 39.8   addition to workers' compensation liability.  If the injury is 
 39.9   subsequently determined to be compensable pursuant to this 
 39.10  chapter, the workers' compensation insurer shall be ordered to 
 39.11  reimburse the insurer or entity that made the payments for all 
 39.12  payments made under this subdivision by the insurer or entity, 
 39.13  including interest at a rate of 12 percent a year.  If a payment 
 39.14  pursuant to this subdivision exceeds the reasonable value as 
 39.15  permitted by sections 176.135 and 176.136, the provider shall 
 39.16  reimburse the workers' compensation insurer for all the excess 
 39.17  as provided by rules promulgated by the commissioner. 
 39.18     Sec. 34.  [REPEALER.] 
 39.19     Minnesota Statutes 2004, sections 61A.072, subdivision 2; 
 39.20  and 62E.03 are repealed. 
 39.21     Sec. 35.  [EFFECTIVE DATES.] 
 39.22     Sections 11, 15, 17, 19, 20, 22, and 28 to 33 are effective 
 39.23  the day following final enactment.  Sections 2, 4, 18, and 23 to 
 39.24  25 are effective July 1, 2005.  The remaining sections are 
 39.25  effective August 1, 2005.