HF 2253

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/26/2021 01:52pm

A bill for an act
relating to workers' compensation; adopting recommendations of the Workers'
Compensation Advisory Council; amending Minnesota Statutes 2020, sections
176.101, subdivision 1; 176.136, by adding a subdivision; 176.1362, subdivisions
1, 6; 176.1363, subdivisions 1, 2, 3; 176.194, subdivisions 3, 4; 176.223, as
amended; 176.351, by adding a subdivision; Laws 2020, chapter 72, section 1.

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

Section 1.

Minnesota Statutes 2020, section 176.101, subdivision 1, is amended to read:

Subdivision 1.

Temporary total disability.

(a) For injury producing temporary total
disability, the compensation is 66-2/3 percent of the weekly wage at the time of injury.

(b)(1) Commencing on October 1, 2013, and each October 1 thereafter, the maximum
weekly compensation payable is 102 percent of the statewide average weekly wage for the
period ending December 31 of the preceding year.

(2) The Workers' Compensation Advisory Council may consider adjustment increases
and make recommendations to the legislature.

(c) The minimum weekly compensation payable is $130 per week or the injured
employee's actual weekly wage, whichever is less. new text begin Beginning on October 1, 2021, and each
October 1 thereafter, the minimum weekly compensation shall be 20 percent of the maximum
weekly compensation payable or the employee's actual weekly wage, whichever is less.
new text end

(d) Temporary total compensation shall be paid during the period of disability subject
to the cessation and recommencement conditions in paragraphs (e) to (l).

(e) Temporary total disability compensation shall cease when the employee returns to
work. Except as otherwise provided in section 176.102, subdivision 11, temporary total
disability compensation may only be recommenced following cessation under this paragraph,
paragraph (h), or paragraph (j) prior to payment of 130 weeks of temporary total disability
compensation and only as follows:

(1) if temporary total disability compensation ceased because the employee returned to
work, it may be recommenced if the employee is laid off or terminated for reasons other
than misconduct if the layoff or termination occurs prior to 90 days after the employee has
reached maximum medical improvement. Recommenced temporary total disability
compensation under this clause ceases when any of the cessation events in paragraphs (e)
to (l) occurs; or

(2) if temporary total disability compensation ceased because the employee returned to
work or ceased under paragraph (h) or (j), it may be recommenced if the employee is
medically unable to continue at a job due to the injury. Where the employee is medically
unable to continue working due to the injury, temporary total disability compensation may
continue until any of the cessation events in paragraphs (e) to (l) occurs following
recommencement. If an employee who has not yet received temporary total disability
compensation becomes medically unable to continue working due to the injury after reaching
maximum medical improvement, temporary total disability compensation shall commence
and shall continue until any of the events in paragraphs (e) to (l) occurs following
commencement. For purposes of commencement or recommencement under this clause
only, a new period of maximum medical improvement under paragraph (j) begins when the
employee becomes medically unable to continue working due to the injury. Temporary total
disability compensation may not be recommenced under this clause and a new period of
maximum medical improvement does not begin if the employee is not actively employed
when the employee becomes medically unable to work. All periods of initial and
recommenced temporary total disability compensation are included in the 130-week limitation
specified in paragraph (k).

(f) Temporary total disability compensation shall cease if the employee withdraws from
the labor market. Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee reenters the labor market prior to 90
days after the employee reached maximum medical improvement and prior to payment of
130 weeks of temporary total disability compensation. Once recommenced, temporary total
disability ceases when any of the cessation events in paragraphs (e) to (l) occurs.

(g) Temporary total disability compensation shall cease if the total disability ends and
the employee fails to diligently search for appropriate work within the employee's physical
restrictions. Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee begins diligently searching for
appropriate work within the employee's physical restrictions prior to 90 days after maximum
medical improvement and prior to payment of 130 weeks of temporary total disability
compensation. Once recommenced, temporary total disability compensation ceases when
any of the cessation events in paragraphs (e) to (l) occurs.

(h) Temporary total disability compensation shall cease if the employee has been released
to work without any physical restrictions caused by the work injury.

(i) Temporary total disability compensation shall cease if the employee refuses an offer
of work that is consistent with a plan of rehabilitation filed with the commissioner which
meets the requirements of section 176.102, subdivision 4, or, if no plan has been filed, the
employee refuses an offer of gainful employment that the employee can do in the employee's
physical condition. Once temporary total disability compensation has ceased under this
paragraph, it may not be recommenced.

(j) Temporary total disability compensation shall cease 90 days after the employee has
reached maximum medical improvement, except as provided in section 176.102, subdivision
11, paragraph (b). For purposes of this subdivision, the 90-day period after maximum medical
improvement commences on the earlier of: (1) the date that the employee receives a written
medical report indicating that the employee has reached maximum medical improvement;
or (2) the date that the employer or insurer serves the report on the employee and the
employee's attorney, if any. Once temporary total disability compensation has ceased under
this paragraph, it may not be recommenced except if the employee returns to work and is
subsequently medically unable to continue working as provided in paragraph (e), clause
(2).

(k) Temporary total disability compensation shall cease entirely when 130 weeks of
temporary total disability compensation have been paid, except as provided in section
176.102, subdivision 11, paragraph (b). Notwithstanding anything in this section to the
contrary, initial and recommenced temporary total disability compensation combined shall
not be paid for more than 130 weeks, regardless of the number of weeks that have elapsed
since the injury, except that if the employee is in a retraining plan approved under section
176.102, subdivision 11, the 130-week limitation shall not apply during the retraining, but
is subject to the limitation before the plan begins and after the plan ends.

(l) Paragraphs (e) to (k) do not limit other grounds under law to suspend or discontinue
temporary total disability compensation provided under this chapter.

(m) Once an employee has been paid 52 weeks of temporary total compensation, the
employer or insurer must notify the employee in writing of the 130-week limitation on
payment of temporary total compensation. A copy of this notice must also be filed with the
department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 176.136, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Penalties, costs, and expenses for improper collection or attempts to collect
payment for medical services from an employee. new text end

new text begin (a) The commissioner may assess
penalties, costs, and expenses against a health care provider who collects or attempts to
collect payment from an employee in violation of subdivision 2; section 176.135, subdivision
7; or 176.83, subdivision 5, paragraph (c), as provided in this subdivision. For purposes of
paragraphs (b) and (c):
new text end

new text begin (1) A violation occurs only if the health care provider or the provider's representative
was informed that the treatment or service was for a claimed workers' compensation injury
or that the bill should be submitted to a workers' compensation insurer.
new text end

new text begin (2) Once the health care provider has been provided the information described in clause
(1), a violation occurs each time the health care provider, or any person acting on the
provider's behalf or direction, collects or attempts to collect payment from the employee
for charges on a bill for medical treatment or services. An attempt to collect payment from
an employee includes:
new text end

new text begin (i) each contact made in person or by United States mail, telephone, text, e-mail, or any
other type of contact seeking payment;
new text end

new text begin (ii) engaging a collection agency or other third party to collect from the employee;
new text end

new text begin (iii) filing a claim in conciliation court;
new text end

new text begin (iv) attaching the employee's tax refund; or
new text end

new text begin (v) submitting a report to a credit agency.
new text end

new text begin (b) The penalty assessed against a health care provider for each violation shall be $1,000,
payable to the assigned risk safety account, except that:
new text end

new text begin (1) the penalty shall be $2,000, payable to the assigned risk safety account, for each
violation if the employee paid the health care provider as a result of the violation, or for the
violations described in paragraph (a), clause (2), items (ii) to (v); and
new text end

new text begin (2) the commissioner shall not assess a penalty under this paragraph unless the
commissioner has documentation that the health care provider or the health care provider's
representative has been provided with written notice that the attempted collection or collection
from an employee is prohibited by workers' compensation law and that penalties may be
assessed for a violation of the law. The notice required by this clause may be provided by
any agency or person, including an employee, self-insured employer, insurer, third-party
administrator, or attorney. The written notice required by this clause must only be provided
once and once provided, the commissioner may assess penalties under this paragraph for a
health care provider's or the health care provider's representative's improper collection or
attempts to collect payment for medical services from any employee without provision of
written notice required by this paragraph. Written notice provided before the effective date
of this subdivision satisfies the notice requirement. The commissioner shall post on the
department's website a model notice. The model notice is presumed to provide sufficient
notice for purposes of this clause when provided to a health care provider's billing office
by any agency or person.
new text end

new text begin (c) In addition to any penalty assessed under paragraph (b), the commissioner has the
authority to order the health care provider to pay the employee the following amounts as
reasonable reimbursement of costs and expenses incurred by the employee as a result of
one or more violations, as provided in clauses (1) and (2), and to take all reasonable action
to restore the employee's credit rating if it has been damaged as a result of the violation:
new text end

new text begin (1) the health care provider must reimburse the employee all amounts that the employee
paid to the health care provider as a result of a violation, with interest, as specified in section
176.221, subdivision 7; and
new text end

new text begin (2) for violations described in paragraph (a), clause (2), items (ii) to (v), the health care
provider must reimburse the employee a minimum lump sum payment of $500 for which
no supporting documentation is required to be provided, in addition to costs or expenses
documented by the employee over that amount.
new text end

new text begin Nonexclusive examples of costs and expenses incurred as a result of a violation include
attorney fees, lost wages, filing fees, court costs, courier fees, photocopying or facsimile
charges, telephone and postage charges, computer or research costs, witness fees, records,
and travel expenses. Costs and expenses incurred by the employee as a result of a violation
are payable whether or not the health care provider has been provided with the notice
described in paragraph (b), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for violations on or after August 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 176.1362, subdivision 1, is amended to read:

Subdivision 1.

Payment based on Medicare MS-DRG system.

(a) Except as provided
in subdivisions 2 and 3, the maximum reimbursement for inpatient hospital services, articles,
and supplies is 200 percent of the amount calculated for each hospital under the federal
Inpatient Prospective Payment System developed for Medicare, using the inpatient Medicare
PC-Pricer program new text begin or the inpatient PPS Web Pricer new text end for the applicable MS-DRG as provided
in this subdivision. All adjustments included in the PC-Pricer program new text begin or the inpatient PPS
Web Pricer new text end new text begin new text end are included in the amount calculated, including but not limited to any outlier
payments.

(b) Payment under this section is effective for services, articles, and supplies provided
to patients discharged from the hospital on or after January 1, 2016. Payment for services,
articles, and supplies provided to patients discharged on January 1, 2016, through December
31, 2016, must be based on the Medicare PC-Pricer program in effect on January 1, 2016.

(c) For patients discharged on or after May 31, 2017, payment for inpatient services,
articles, and supplies must be calculated according to the PC-Pricer program identified on
Medicare's website as FY 2016.1, updated on January 19, 2016.

(d) For patients discharged on or after October 1, 2017, payment for inpatient services,
articles, and supplies must be calculated according to the PC-Pricer program new text begin or the inpatient
PPS Web Pricer new text end posted on the Department of Labor and Industry's website as follows:

(1) No later than October 1, 2017, and October 1 of each subsequent year new text begin until October
1, 2021 new text end , the commissioner must post on the department's website the version of the PC-Pricer
program that is most recently available on Medicare's website as of the preceding July 1.
If no PC-Pricer program is available on the Medicare website on any July 1, the PC-Pricer
program most recently posted on the department's website remains in effect.

deleted text begin (2) deleted text end The commissioner must publish notice of the applicable PC-Pricer program in the
State Register no later than October 1 of each year.

new text begin (2) Beginning on October 1, 2021, payment for inpatient services, articles, and supplies
must be calculated using the inpatient PPS Web Pricer available on Medicare's website
using the applicable dates of inpatient hospitalization. The department must publish the link
to the inpatient PPS Web Pricer on its website.
new text end

(e) The MS-DRG grouper software or program that corresponds to new text begin or is included with new text end
the applicable version of the PC-Pricer program new text begin or inpatient PPS Web Pricer new text end must be used
to determine payment under this subdivision.

(f) Hospitals must bill workers' compensation insurers using the same codes, formats,
and details that are required for billing for hospital inpatient services by the Medicare
program. The bill must be submitted to the insurer within the time period required by section
62Q.75, subdivision 3. For purposes of this section, "insurer" includes both workers'
compensation insurers and self-insured employers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 176.1362, subdivision 6, is amended to read:

Subd. 6.

Postpayment audits; records; interest.

(a) The insurer may conduct a
postpayment audit if both of the following requirements are met:

(1) the insurer paid the hospital's bill within 30 days according to the PC-Pricer program
new text begin or inpatient PPS Web Pricer new text end amount described in subdivision 1; and

(2) the amount paid according to the PC-Pricer program new text begin or inpatient PPS Web Pricer new text end in
subdivision 1 included an outlier payment.

(b) If an audit is permitted under paragraph (a), the insurer must request any additional
records needed to conduct the audit within six months after payment. The records requested
may include an itemized statement of charges. Within 30 days of the insurer's request, the
hospital must provide the additional documentation requested. An insurer must not request
additional information from a hospital more than three times per audit.

(c) An insurer must pay the hospital interest at an annual rate of four percent if it is
determined that the insurer is liable for additional hospital charges following a postpayment
audit. A hospital must pay the insurer interest at an annual rate of four percent if it is
determined that the hospital owes the insurer reimbursement following the insurer's audit.
Interest is payable by the insurer from the date payment was due under this section or section
176.135. Interest is payable by the hospital from the date the overpayment was made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 176.1363, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purpose of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Ambulatory surgical center" or "ASC" means a facility that is: (1) certified as an
ASC by the Centers for Medicare and Medicaid Services; or (2) licensed by the Department
of Health as a freestanding outpatient surgical center and not owned by a hospital.

(c) "Ambulatory surgical center payment system" or "ASCPS" means the system
developed by the Centers for Medicare and Medicaid Services for payment of surgical
services provided by federally certified ASCs as specified in:

(1) Code of Federal Regulations, title 42, part 416, including without limitation the
geographic adjustment for the ASC deleted text begin and the multiple surgical procedure reduction rule deleted text end ;

(2) annual revisions to Code of Federal Regulations, title 42, part 416, as published in
the Federal Register;

(3) the corresponding addendum AA (final ASC covered surgical procedures), addendum
BB (final covered ancillary services integral to covered surgical procedures), addendum
DD1 (final ASC payment indicators), and any successor or replacement addenda; and

(4) the Medicare claims processing manual.

(d) "Conversion factor" means the Medicare ambulatory surgical center payment system
(ASCPS) conversion factor used for ASCs that meet the Medicare quality reporting
requirements, whether or not the ASC submitting the bill has met the quality reporting
requirements.

(e) "Covered surgical procedures and ancillary services" means the procedures listed in
ASCPS, addendum AA, and the ancillary services integral to covered surgical procedures
listed in ASCPS, addendum BB.

(f) "Insurer" includes workers' compensation insurers and self-insured employers.

(g) "Medicare ASCPS payment" means the Medicare ASCPS payment used for ASCs
that meet the Medicare quality reporting requirements, whether or not the ASC submitting
the bill has met the Medicare quality reporting requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for services provided the day following
final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 176.1363, subdivision 2, is amended to read:

Subd. 2.

Payment for covered surgical procedures and ancillary services based on
Medicare ASCPS.

(a) Except as provided in deleted text begin subdivisions deleted text end new text begin subdivision new text end 3 deleted text begin and 4 deleted text end , the payment
to the ASC for covered surgical procedures and ancillary services shall be the lesser of:

(1) the ASC's new text begin total new text end usual and customary charge for all services, supplies, and implantable
devices provided; or

(2) the Medicare ASCPS payment new text begin on the total bill new text end , times a multiplier of 320 percent.

(i) The amount payable under this clause includes payment for all implantable devices,
even if the Medicare ASCPS would otherwise allow separate payment for the implantable
device.

(ii) The 320 percent described in this clause must be adjusted if, on July 1, 2019, or any
subsequent July 1, the conversion factor is less than 98 percent of the conversion factor in
effect on the previous July 1. When this occurs, the multiplier must be 320 percent times
98 percent divided by the percentage that the current Medicare conversion factor bears to
the Medicare conversion factor in effect on the prior July 1. In subsequent years, the
multiplier is 320 percent, unless the Medicare ASCPS conversion factor declines by more
than two percent.

new text begin (iii) When more than one covered surgical procedure is included on a bill, payment shall
be: (A) 100 percent of the applicable ASCPS payment amount under paragraph (a), clause
(2), for the procedure with the highest ASC payment rate; and (B) 50 percent of the applicable
ASC payment amount under paragraph (a), clause (2), for all other covered surgical
procedures. However, the total payment must still not exceed the ASC's usual and customary
charge for all services, supplies, and implantable devices provided. This item only applies
when more than one procedure on a bill is identified as subject to multiple procedure
discounting on Addendum AA.
new text end

(b) Payment under this section is effective for covered surgical procedures and ancillary
services provided by an ASC on or after October 1, 2018, through September 30, 2019, and
shall be based on the addenda AA, BB, and DD1 most recently available on the Centers for
Medicare and Medicaid Services website as of July 1, 2018, and the corresponding rules
and Medicare claims processing manual described in subdivision 1, paragraph (c).

(1) Payment for covered surgical procedures and ancillary services provided by an ASC
on or after each subsequent October 1 shall be based on the addenda AA, BB, and DD1
most recently available on the Centers for Medicare and Medicaid Services website as of
the preceding July 1 and the corresponding rules and Medicare claims processing manual.

(2) If the Centers for Medicare and Medicaid Services has not updated addendum AA,
BB, or DD1 on its website since the commissioner's previous notice under paragraph (c),
the addenda identified in the notice published by the commissioner in paragraph (c) and the
corresponding rules and Medicare claims processing manual shall remain in effect.

(3) Addenda AA, BB, and DD1 under this subdivision include successor or replacement
addenda.

(c) The commissioner shall annually give notice in the State Register of any adjustment
to the multiplier under paragraph (a), clause (2), and of the applicable addenda in paragraph
(b) no later than October 1. The notice must identify and include a link to the applicable
addenda. The notices and any adjustment to the multiplier are not rules subject to chapter
14, but have the force and effect of law as of the effective date published in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for services provided the day following
final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 176.1363, subdivision 3, is amended to read:

Subd. 3.

Payment for compensable surgical services not covered under ASCPS.

(a)
If a surgical procedure provided by an ASC is compensable under this chapter but is not
listed in addendum AA or BB of the Medicare ASCPS, payment must be 75 percent of the
ASC's usual and customary charge for the procedure with the highest charge. Payment for
each subsequent surgical procedure not listed in addendum AA or BB must be paid at 50
percent of the ASC's usual and customary charge.

(b) Payment must be 75 percent of the ASC's usual and customary charge for a surgical
procedure or ancillary service if the procedure or service is listed in Medicare ASCPS
addendum AA or BB and: (1) the payment indicator provides it is paid at a reasonable cost;
new text begin or new text end (2) the payment indicator provides it is contractor priced deleted text begin ; or (3) a payment rate is not
otherwise provided deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for services provided the day following
final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 176.194, subdivision 3, is amended to read:

Subd. 3.

Prohibited conduct.

The following conduct is prohibited:

(1) failing to reply, within 30 calendar days after receipt, to all written communication
about a claim from a claimant that requests a response;

(2) failing, within 45 calendar days after receipt of a written request, to commence
benefits or to advise the claimant of the acceptance or denial of the claim by the insurer;

(3) failing to pay or deny medical bills within 45 days after the receipt of all information
requested from medical providers new text begin that is necessary to make a payment determination new text end ;

(4) filing a denial of liability for workers' compensation benefits without conducting an
investigation;

(5) failing to regularly pay weekly benefits in a timely manner as prescribed by rules
adopted by the commissioner once weekly benefits have begun. Failure to regularly pay
weekly benefits means failure to pay an employee on more than three occasions in any
12-month period within three business days of when payment was due;

(6) failing to respond to the department within 30 calendar days after receipt of a written
inquiry from the department about deleted text begin a claim deleted text end new text begin a matter related to benefits. Responses must be
substantive and address the question new text end ;

(7) failing to pay pursuant to an order of the department, compensation judge, court of
appeals, or the supreme court, within 45 days from the filing of the order unless the order
is under appeal;

(8) advising a claimant not to obtain the services of an attorney or representing that
payment will be delayed if an attorney is retained by the claimant; deleted text begin or
deleted text end

(9) altering information on a document to be filed with the department without the notice
and consent of any person who previously signed the document and who would be adversely
affected by the alteration deleted text begin . deleted text end new text begin ;
new text end

new text begin (10) providing fraudulent written information to the department or an employee pertaining
to a workers' compensation matter; or
new text end

new text begin (11) failing to pay a claim, or otherwise correct behavior on a claim, for which a penalty
assessed has been paid or has become a final order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for prohibited conduct occurring on or
after July 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 176.194, subdivision 4, is amended to read:

Subd. 4.

Penalties.

The penalties for violations of subdivision 3, clauses (1) deleted text begin through deleted text end new text begin to new text end
(6) deleted text begin and (9) deleted text end , are as follows:

	1st through 5th violation of each paragraph		written warning
	6th through 10th violation of each paragraph		$3,000 per violation in excess of five
	11 or more violations of each paragraph		$6,000 per violation in excess of ten

For violations of subdivision 3, clauses (7) deleted text begin and (8) deleted text end new text begin to (11) new text end , the penalties are:

	1st through 5th violation of each paragraph		$3,000 per violation
	6 or more violations of each paragraph		$6,000 per violation in excess of five

The penalties under this section may be imposed in addition to other penalties under
this chapter that might apply for the same violation. The penalties under this section are
assessed by the commissioner and are payable to the commissioner for deposit in the assigned
risk safety account. A party may object to the penalty and request a formal hearing under
section 176.85. If an entity has more than 30 violations within any 12-month period, in
addition to the monetary penalties provided, the commissioner may refer the matter to the
commissioner of commerce with recommendation for suspension or revocation of the entity's
(a) license to write workers' compensation insurance; (b) license to administer claims on
behalf of a self-insured, the assigned risk plan, or the Minnesota Insurance Guaranty
Association; (c) authority to self-insure; or (d) license to adjust claims. The commissioner
of commerce shall follow the procedures specified in section 176.195.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for violations on or after July 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 176.223, as amended by Laws 2020, Seventh
Special session chapter 1, article 2, section 12, is amended to read:

176.223 PROMPT FIRST ACTION REPORT.

(a) For purposes of this section:

(1) "insurer" means a workers' compensation insurer licensed in Minnesota and a
self-insured employer approved to self-insure by the commissioner of commerce;

(2) "prompt first action" means that an insurer commenced payment of wage loss benefits,
or filed a denial of liability for an injury or for wage loss benefits, within the time frames
required by section 176.221, subdivision 1; and

(3) "wage loss benefits" means temporary total disability, temporary partial disability,
and permanent total disability benefits, as described in section 176.101.

(b) No later than March 15 of each year, new text begin beginning on March 15, 2022, new text end the department
shall publish a report providing data for each insurer on the total number of the insurer's
claims, and the number and percentage of the insurer's claims with prompt first action. The
report must be based on data that the insurer reported to the commissioner in the previous
calendar year new text begin , except that the commissioner may exclude incomplete or unreliable data new text end .
deleted text begin Each report shall contain the required information for each of the last four years the report
has been compiled so that a total of five years is included. The department shall make the
report available to employers and shall provide a copy to each insurer listed in the report
for the current year. deleted text end new text begin The five most recent reports must be published on the department's
website.
new text end

(c) On or before January 15 deleted text begin of each year deleted text end new text begin , 2022, and on or before each January 15
thereafter, new text end the department must provide each insurer listed in the report with notice of the
data on that insurer that the department plans to include in the report. By February 15 new text begin , 2022,
and by each February 15 thereafter, new text end the insurer must deleted text begin notify the department in writing of
inaccurate data reported to the commissioner and of any corrections to the data that should
be reflected in the March 15 report. Effective the day following final enactment, the insurer
must deleted text end electronically file deleted text begin the deleted text end corrected data with the commissioner in CAMPUS new text begin in order for
it to be reflected in the March 15 report new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 176.351, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Subpoenas not permitted of department employees who provide
assistance. new text end

new text begin The commissioner and any employee of the department shall not be subject to
a subpoena for purposes of providing expert testimony or describing the nature of assistance
or advice provided under this chapter. This prohibition does not apply to: testimony of a
department employee in a workers' compensation enforcement proceeding brought by the
commissioner; a dispute in which the commissioner or the special compensation fund is a
party; or a qualified rehabilitation consultant, qualified rehabilitation consultant intern, or
job placement coordinator employed in the department's vocational rehabilitation unit
established under section 176.104, who has provided rehabilitation, job placement, or job
development services under a rehabilitation plan for an employee with a workers'
compensation claim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Laws 2020, chapter 72, section 1, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for employees who contract COVID-19
on or after the day following final enactment. Paragraph (f) sunsets deleted text begin on May 1, 2021 deleted text end new text begin at 11:59
p.m. on December 31, 2021. Employees with dates of injury that occur on or after January
1, 2022, are not entitled to the presumption in section 176.011, subdivision 15, paragraph
(f), but are not precluded from claiming an occupational disease as provided in other
paragraphs of section 176.011, subdivision 15, or from claiming a personal injury under
section 176.011, subdivision 16 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. If
Laws 2020, chapter 72, section 1, subdivision 15, paragraph (f), has expired on the effective
date of this section, then paragraph (f) is revived and reenacted retroactive to May 1, 2021.
new text end