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HF 3459

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; defining a full-time student as a dependent for health plan
coverage; repealing school district requirement to provide certain health care
information; amending Minnesota Statutes 2007 Supplement, sections 43A.23,
subdivision 1; 62E.02, subdivision 7; 62L.02, subdivision 11; proposing coding
for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Statutes
2007 Supplement, section 256.962, subdivision 6.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 43A.23, subdivision 1,
is amended to read:


Subdivision 1.

General.

(a) The commissioner is authorized to request proposals
or to negotiate and to enter into contracts with parties which in the judgment of the
commissioner are best qualified to provide service to the benefit plans. Contracts entered
into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage. The commissioner shall consider the cost of
the plans, conversion options relating to the contracts, service capabilities, character,
financial position, and reputation of the carriers, and any other factors which the
commissioner deems appropriate. Each benefit contract must be for a uniform term of at
least one year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. A carrier licensed under chapter 62A is exempt
from the taxes imposed by chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers
or provide different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health maintenance
organizations adopted by the commissioner of health in rule under chapter 62D.

deleted text begin (c) Notwithstanding paragraph (b), a self-insured hospital and medical product
offered under sections 43A.22 to 43A.30 is not required to extend dependent coverage to
an eligible employee's unmarried child under the age of 25 to the full extent required under
chapters 62A and 62L. Dependent coverage must, at a minimum, extend to an eligible
employee's unmarried child who is under the age of 19 or an unmarried child under the
age of 25 who is a full-time student. The definition of "full-time student" for purposes
of this paragraph includes any student who by reason of illness, injury, or physical or
mental disability as documented by a physician is unable to carry what the educational
institution considers a full-time course load so long as the student's course load is at least
60 percent of what otherwise is considered by the institution to be a full-time course load.
Any notice regarding termination of coverage due to attainment of the limiting age must
include information about this definition of "full-time student."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 2.

new text begin [62A.3011] COVERAGE OF FULL-TIME STUDENTS.
new text end

new text begin If an insurer provides individual or group accident and health coverage for
dependents after what otherwise would be the limiting age based on full-time student
status the insurer must include in its definition of full-time student, any student who by
reason of illness, injury, or physical or mental disability as documented by a physician is
unable to carry what the educational institution considers a full-time course load so long
as the student's course load is at least 60 percent of what otherwise is considered by the
institution to be a full-time course load. Any notice regarding termination of coverage due
to attainment of the limiting age must include information about this provision.
new text end

new text begin For purposes of this section, "insurer" means an insurer providing accident and
health insurance regulated under this chapter, a nonprofit health service plan corporation
regulated under chapter 62C, a health maintenance organization regulated under chapter
62D, or a fraternal benefit society regulated under chapter 64B.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2007 Supplement, section 62E.02, subdivision 7, is
amended to read:


Subd. 7.

Dependent.

"Dependent" means a spouse or unmarried child new text begin under the
age of 19, an unmarried dependent child who is a student
new text end under the age of deleted text begin 25deleted text end new text begin 24new text end , or a
dependent child of any age who is disabled.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2007 Supplement, section 62L.02, subdivision 11, is
amended to read:


Subd. 11.

Dependent.

"Dependent" means an eligible employee's spouse, new text begin an
new text end unmarried child new text begin under the age of 19 years, an unmarried child new text end who isnew text begin a full-time student
defined
new text end under deleted text begin the age of 25deleted text end new text begin section 62A.3011 and under 24new text end yearsnew text begin oldnew text end , new text begin a new text end dependent child
of any age who is disabled and who meets the eligibility criteria in section 62A.14,
subdivision 2
, or any other person deleted text begin whomdeleted text end new text begin undernew text end state or federal law deleted text begin requires to be treateddeleted text end new text begin
who qualifies
new text end as a new text begin tax new text end dependent for purposes of health plans. For the purpose of this
definition, a child includes a child for whom the employee or the employee's spouse has
been appointed legal guardian and an adoptive child as provided in section 62A.27.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2007 Supplement, section 256.962, subdivision 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
new text end