as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 11:37am
A bill for an act
relating to insurance; modifying pilot project requirements for the agricultural
cooperative health plan for farmers; amending Laws 2007, chapter 147, article
12, section 14, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Laws 2007, chapter 147, article 12, section 14, as amended by Laws 2010,
chapter 344, section 4, is amended to read:
new text begin (a) new text end Notwithstanding contrary provisions
of Minnesota Statutes, chapter 62Hnew text begin and other state laws regulating fully insured health
plansnew text end , deleted text begin the following apply todeleted text end a joint self-insurance deleted text begin pilot projectdeleted text end new text begin health plannew text end administered
by a trustnew text begin , cooperative, or other entitynew text end sponsored by one or more agricultural cooperatives
organized under Minnesota Statutes, chapter 308A or 308B, or under a federal charter for
the purpose of offering health coverage to members of the cooperatives and their families,
deleted text begin provided the project satisfies the other requirements ofdeleted text end new text begin is exempt from the requirements of
new text end Minnesota Statutes, chapter 62Hdeleted text begin :deleted text end new text begin , and rules adopted under it. The joint self-insurance
plan must comply with other state and federal laws and regulations applicable to a single,
self-insured employer and must comply with federal laws and regulations applicable
to a multiple employer welfare association as defined in United States Code, title 29,
section 1002(40)(a). The joint self-insurance plan is deemed in compliance with state law
for purposes of federal multiple employer welfare association laws and is eligible to be
offered as a qualified health plan on the Minnesota health insurance exchange provided it
satisfies other requirements related to qualified health plans. This section only applies to a
joint self-insurance plan established by an entity that submitted an application or formal
inquiry to the department of commerce prior to January 1, 2013, seeking approval or
preapproval departmental guidance regarding establishing a joint self-insurance plan.
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(b) The following apply to the joint self-insurance plan:
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(1) Minnesota Statutes, section 62H.02, paragraph (b), does not apply;
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(2) the notice period required under Minnesota Statutes, section 62H.02, paragraph
(e), is 90 days;
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(3) a joint self-insurance plan may elect to treat the sale of a health plan to or for an
employer that has only one eligible employee who has not waived coverage as the sale of an
individual health plan as allowed under Minnesota Statutes, section 62L.02, subdivision 26;
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deleted text begin (4)deleted text end new text begin (1)new text end Minnesota Statutes, section 297I.05, subdivision 12, paragraph (c), applies;
and
deleted text begin (5)deleted text end new text begin (2)new text end the trust must pay the assessment for the Minnesota Comprehensive Health
Association as provided under Minnesota Statutes, section 62E.11.
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The pilot project authorized under this section
is for a period of four years from the date of initial enrollment. The commissioner of
commerce shall grant an extension of four additional years if the trust provides evidence
that it remains in compliance with the requirements of this section and other applicable laws
and rules. If the commissioner determines that the operation of the trust has not improved
access, expanded health plan choices, or improved the affordability of health coverage
for farm families, or that it has significantly damaged access, choice, or affordability for
other consumers not enrolled in the trust, the commissioner shall provide at least 180 days'
advance written notice to the trust and to the chairs of the senate and house finance and
policy committees with jurisdiction over health and insurance of the commissioner's
intention not to renew the pilot project at the expiration of a four-year period.
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Plans created under this section may use surplus lines
carriers to fulfill its obligations under chapter 62H.
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The revisor of statutes shall assign appropriate coding to section 1 for inclusion in
Minnesota Statutes.
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