HF 111

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; promoting preventive health care by requiring high deductible
health plans used with a health savings account to cover preventive care with
no deductible as permitted by federal law; amending Minnesota Statutes 2006,
section 62Q.65.

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

Section 1.

Minnesota Statutes 2006, section 62Q.65, is amended to read:

62Q.65 ACCESS TO PROVIDER DISCOUNTS new text begin AND PREVENTIVE CARE new text end .

Subdivision 1.

Requirement.

A high deductible health plan must, when used in
connection with a medical savings account or health savings account deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end provide the enrollee access to any discounted provider fees for services covered
by the high deductible health plan, regardless of whether the enrollee has satisfied the
deductible for the high deductible health plan new text begin ; and
new text end

new text begin (2) cover preventive care without a deductible, co-payment, or other patient
cost-sharing, provided, however, that this requirement does not apply to care that is not
permitted to be provided without a deductible by a high deductible health plan under
Internal Revenue Code of 1986, section 223(c)(2)(C), and federal regulations adopted or
guidance issued by the Internal Revenue Service related to that provision. The scope
and frequency of such coverage must be detailed in the policy in accordance with, or
by reference to, an evidence-based set of preventive care guidelines that addresses
recommendations for both asymptomatic low-risk individuals and individuals with higher
risk factors. Nothing in this subdivision limits voluntary coverage of other preventive care new text end .

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given:

(1) "high deductible health plan" has the meaning given under the Internal Revenue
Code of 1986, section 220(c)(2), with respect to a medical savings account; and the
meaning given under Internal Revenue Code of 1986, section 223(c)(2), with respect to a
health savings account;

(2) "medical savings account" has the meaning given under the Internal Revenue
Code of 1986, section 220(d)(1);

(3) "discounted provider fees" means fees contained in a provider agreement entered
into by the issuer of the high deductible health plan, or an affiliate of the issuer, for use
in connection with the high deductible health plan; deleted text begin and
deleted text end

(4) "health savings account" has the meaning given under the Internal Revenue
Code of 1986, section 223(d) new text begin ; and
new text end

new text begin (5) "preventive care" has the meaning given in Internal Revenue Code of 1986,
section 223(c)(2)(C) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009, and applies to high
deductible health plans offered, sold, issued, or renewed on or after that date.
new text end