HF 2665

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 10:16am

A bill for an act
relating to MNsure; establishing a Minnesota Eligibility System Executive
Steering Committee to govern the Minnesota eligibility system; modifying the
composition of the MNsure board; amending Minnesota Statutes 2014, sections
62V.04, subdivisions 2, 3, 4; 62V.11, by adding a subdivision; Minnesota Statutes
2015 Supplement, section 62V.03, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 62V.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 62V.03, subdivision 2, is
amended to read:

Subd. 2.

Application of other law.

(a) MNsure must be reviewed by the legislative
auditor under section 3.971. The legislative auditor shall audit the books, accounts, and
affairs of MNsure once each year or less frequently as the legislative auditor's funds and
personnel permit. Upon the audit of the financial accounts and affairs of MNsure, MNsure
is liable to the state for the total cost and expenses of the audit, including the salaries paid
to the examiners while actually engaged in making the examination. The legislative
auditor may bill MNsure either monthly or at the completion of the audit. All collections
received for the audits must be deposited in the general fund and are appropriated to
the legislative auditor. Pursuant to section 3.97, subdivision 3a, the Legislative Audit
Commission is requested to direct the legislative auditor to report by March 1, 2014, to
the legislature on any duplication of services that occurs within state government as a
result of the creation of MNsure. The legislative auditor may make recommendations on
consolidating or eliminating any services deemed duplicative. The board shall reimburse
the legislative auditor for any costs incurred in the creation of this report.

(b) Board members of MNsure are subject to sections 10A.07 and 10A.09. Board
members and the personnel of MNsure are subject to section 10A.071.

(c) All meetings of the board new text begin and of the Minnesota Eligibility System Executive
Steering Committee established under section 62V.055, new text end shall comply with the open
meeting law in chapter 13D.

(d) The board and the Web site are exempt from chapter 60K. Any employee of
MNsure who sells, solicits, or negotiates insurance to individuals or small employers must
be licensed as an insurance producer under chapter 60K.

(e) Section 3.3005 applies to any federal funds received by MNsure.

(f) A MNsure decision that requires a vote of the board, other than a decision that
applies only to hiring of employees or other internal management of MNsure, is an
"administrative action" under section 10A.01, subdivision 2.

Sec. 2.

Minnesota Statutes 2014, section 62V.04, subdivision 2, is amended to read:

Subd. 2.

Appointment.

(a) Board membership of MNsure consists of the following:

(1) three members appointed by the governor with the advice and consent of both the
senate and the house of representatives acting separately in accordance with paragraph (d),
with one member representing the interests of individual consumers eligible for individual
market coverage, one member representing individual consumers eligible for public health
care program coverage, and one member representing small employers. Members are
appointed to serve four-year terms following the initial staggered-term lot determination;

(2) three members appointed by the governor with the advice and consent of both the
senate and the house of representatives acting separately in accordance with paragraph (d)
who have demonstrated expertise, leadership, and innovation in the following areas: one
member representing the areas of health administration, health care finance, health plan
purchasing, and health care delivery systems; one member representing the areas of public
health, health disparities, public health care programs, and the uninsured; and one member
representing health policy issues related to the small group and individual markets.
Members are appointed to serve four-year terms following the initial staggered-term lot
determination; and

(3) deleted text begin the commissioner of human services or a designee deleted text end new text begin one member representing the
interests of the general public, appointed by the governor with the advice and consent of
both the senate and the house of representatives acting in accordance with paragraph (d).
A member appointed under this clause shall serve a four-year term new text end .

(b) Section 15.0597 shall apply to all appointments deleted text begin , except for the commissioner deleted text end .

(c) The governor shall make appointments to the board that are consistent with
federal law and regulations regarding its composition and structure. All board members
appointed by the governor must be legal residents of Minnesota.

(d) Upon appointment by the governor, a board member shall exercise duties of
office immediately. If both the house of representatives and the senate vote not to confirm
an appointment, the appointment terminates on the day following the vote not to confirm
in the second body to vote.

(e) Initial appointments shall be made by April 30, 2013.

(f) One of the six members appointed under paragraph (a), clause (1) or (2), must
have experience in representing the needs of vulnerable populations and persons with
disabilities.

(g) Membership on the board must include representation from outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2.

Sec. 3.

Minnesota Statutes 2014, section 62V.04, subdivision 3, is amended to read:

Subd. 3.

Terms.

(a) Board members may serve no more than two consecutive
terms deleted text begin , except for the commissioner or the commissioner's designee, who shall serve
until replaced by the governor deleted text end .

(b) A board member may resign at any time by giving written notice to the board.

(c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2),
shall have an initial term of two, three, or four years, determined by lot by the secretary of
state.

Sec. 4.

Minnesota Statutes 2014, section 62V.04, subdivision 4, is amended to read:

Subd. 4.

Conflicts of interest.

(a) Within one year prior to or at any time during
their appointed term, board members appointed under subdivision 2, paragraph (a),
deleted text begin clauses (1) and (2), deleted text end shall not be employed by, be a member of the board of directors of, or
otherwise be a representative of a health carrier, institutional health care provider or other
entity providing health care, navigator, insurance producer, or other entity in the business
of selling items or services of significant value to or through MNsure. For purposes of this
paragraph, "health care provider or entity" does not include an academic institution.

(b) Board members must recuse themselves from discussion of and voting on an
official matter if the board member has a conflict of interest. A conflict of interest means
an association including a financial or personal association that has the potential to bias or
have the appearance of biasing a board member's decisions in matters related to MNsure
or the conduct of activities under this chapter.

(c) No board member shall have a spouse who is an executive of a health carrier.

(d) No member of the board may currently serve as a lobbyist, as defined under
section 10A.01, subdivision 21.

Sec. 5.

new text begin [62V.055] MINNESOTA ELIGIBILITY SYSTEM EXECUTIVE
STEERING COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; Minnesota eligibility system. new text end

new text begin For purposes of this
section, "Minnesota eligibility system" means the system that supports eligibility
determinations using a modified adjusted gross income methodology for medical
assistance under section 256B.056, subdivision 1a, paragraph (b), clause (1);
MinnesotaCare under chapter 256L; and qualified health plan enrollment under section
62V.05, subdivision 5, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Establishment; committee membership. new text end

new text begin A Minnesota Eligibility System
Executive Steering Committee is established to govern and administer the Minnesota
eligibility system. The steering committee shall be composed of one member appointed
by the commissioner of human services, one member appointed by the board, one
member appointed jointly by the Association of Minnesota Counties and the Minnesota
Inter-County Association, and one nonvoting member appointed by the commissioner of
MN.IT services who shall serve as the committee chairperson.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The Minnesota Eligibility System Executive Steering
Committee shall establish an overall governance structure for the Minnesota eligibility
system and shall be responsible for the overall governance of the system, including setting
system goals and priorities, allocating the system's resources, making major system
decisions, and tracking total funding and expenditures for the system from all sources.
The steering committee shall also report to the Legislative Oversight Committee on a
quarterly basis on Minnesota eligibility system funding and expenditures, including
amounts received in the most recent quarter by funding source and expenditures made in
the most recent quarter by funding source.
new text end

new text begin (b) The steering committee shall adopt bylaws, policies, and interagency agreements
necessary to administer the Minnesota eligibility system.
new text end

new text begin (c) In making decisions, the steering committee shall give particular attention to the
parts of the system with the largest enrollments and the greatest risks.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin (a) All meetings of the steering committee must:
new text end

new text begin (1) be held in the State Office Building; and
new text end

new text begin (2) whenever possible, be available on the legislature's Web site for live streaming
and downloading over the Internet.
new text end

new text begin (b) The steering committee must:
new text end

new text begin (1) as part of every steering committee meeting, provide the opportunity for oral
and written public testimony and comments on steering committee governance of the
Minnesota eligibility system; and
new text end

new text begin (2) provide documents under discussion or review by the steering committee to be
electronically posted on the legislature's Web site. Documents must be provided and
posted prior to the meeting at which the documents are scheduled for review or discussion.
new text end

new text begin (c) All votes of the steering committee must be recorded, with each member's vote
identified.
new text end

new text begin Subd. 5. new text end

new text begin Administrative structure. new text end

new text begin The Office of MN.IT Services shall
be responsible for the design, build, maintenance, operation, and upgrade of the
information technology for the Minnesota eligibility system. The office shall carry out its
responsibilities under the governance of the steering committee, this section, and chapter
16E.
new text end

Sec. 6.

Minnesota Statutes 2014, section 62V.11, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Review of Minnesota eligibility system funding and expenditures. new text end

new text begin The
committee shall review quarterly reports submitted by the Minnesota Eligibility System
Executive Steering Committee under section 62V.055, subdivision 3, regarding Minnesota
eligibility system funding and expenditures.
new text end