HF 2138

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:59am

A bill for an act
relating to insurance; regulating continuation coverage; conforming Minnesota
law to the requirements necessary for assistance eligible individuals who are not
enrolled in continuation coverage to receive a federal premium subsidy under
the American Recovery and Reinvestment Act of 2009; amending Minnesota
Statutes 2008, section 62A.17, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 62A.17, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Limited extension of continuation election period. new text end

new text begin (a) An individual
who did not have an election of continuation coverage under subdivision 1 in effect on
February 17, 2009, but who would be an assistance eligible individual as defined in
section 3001(a)(3) of the American Recovery and Reinvestment Act of 2009, if such an
election were in effect, may elect the continuation coverage during the period beginning
February 17, 2009, and ending 60 days after the date on which a notification which meets
the notice requirements of the American Recovery and Reinvestment Act is provided to
the individual.
new text end

new text begin (b) Any continuation coverage elected during the extended election period in
paragraph (a) shall:
new text end

new text begin (1) commence with the first period of coverage beginning on or after February
17, 2009; and
new text end

new text begin (2) not extend beyond 18 months from the earliest date continuation could have been
effective if the coverage had been elected when the individual was initially eligible for
continuation coverage under this section.
new text end

new text begin (c) With respect to an assistance eligible individual who elects continuation coverage
under paragraph (a), the period:
new text end

new text begin (1) beginning on the date of the qualifying event; and
new text end

new text begin (2) ending with the beginning of the period described in paragraph (b), clause (1),
shall be disregarded for purposes of determining the 63-day periods referred to in section
701(c)(2) of the Employee Retirement Income Security Act of 1974, section 9801(c)(2) of
the Internal Revenue Code of 1986, and section 2701(c)(2) of the Public Health Service
Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2010.
new text end