1.1                          A bill for an act 
  1.2             relating to commerce; regulating enrollment in certain 
  1.3             health plans; determining relevant geographic markets 
  1.4             for health care providers for purposes of restraint of 
  1.5             trade regulation; amending Minnesota Statutes 1994, 
  1.6             section 325D.53, by adding a subdivision; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 62J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [62J.475] [MORATORIUM ON ENROLLMENT.] 
  1.10     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.11  "health carrier" and "health plan" have the meanings given in 
  1.12  section 62A.011. 
  1.13     Subd. 2.  [RESTRICTIONS.] By July 1, 1995, the commissioner 
  1.14  of health, after consulting with the commissioner of commerce, 
  1.15  shall publish in the State Register:  (1) the number of 
  1.16  Minnesota residents enrolled in group health plans; and (2) the 
  1.17  number of these residents, expressed as a percentage of the 
  1.18  number of residents in group health plans, enrolled by the 
  1.19  state's largest health plan company.  Until July 1, 1997, no 
  1.20  health carrier may enroll more health plan members than the 
  1.21  number of members in clause (2) plus an additional number of 
  1.22  members equal to one percentage point of all Minnesota residents 
  1.23  enrolled in group plans. 
  1.24     Subd. 3.  [EXCEPTION.] A health carrier is exempt from 
  1.25  subdivision 2 if the increased enrollment is the result of an 
  1.26  expansion into a part of the state where there are no other 
  2.1   health carriers offering services. 
  2.2      Subd. 4.  [ENFORCEMENT.] The district court of Ramsey 
  2.3   county has jurisdiction to enjoin an alleged violation of 
  2.4   subdivision 2.  The attorney general may bring an action to 
  2.5   enjoin an alleged violation.  The commissioner of health or 
  2.6   commerce shall not issue or renew a license or certificate of 
  2.7   authority to any health carrier in violation of subdivision 2. 
  2.8      Subd. 5.  [REPORT.] (a) The commissioners of health and 
  2.9   commerce shall submit a report to the legislature by October 1, 
  2.10  1995, listing the number of Minnesota residents enrolled with 
  2.11  each of the six largest health carriers in the following areas:  
  2.12     (1) the state; and 
  2.13     (2) each of the six regional coordinating board regions of 
  2.14  the state.  
  2.15     (b) The report shall also contain a list of each of the 
  2.16  numbers under paragraph (a) expressed as a percentage of covered 
  2.17  Minnesota residents in each of those areas.  The report must 
  2.18  separate the numbers listed in paragraph (a) into enrollees in 
  2.19  group plans and enrollees in individual plans. 
  2.20     Subd. 6.  [EXPIRATION.] This section expires June 30, 1997. 
  2.21     Sec. 2.  Minnesota Statutes 1994, section 325D.53, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 4.  [HEALTH CARE PROVIDERS; RELEVANT MARKET.] (a) For 
  2.24  purposes of sections 325D.49 to 325D.66, relevant geographic 
  2.25  markets for health care providers are each area encompassed by a 
  2.26  regional coordinating board. 
  2.27     The determination of whether a person has violated sections 
  2.28  325D.49 to 325D.66 must include use of relevant geographic 
  2.29  markets no larger than the areas specified in this section.  
  2.30  This paragraph does not prohibit the use of smaller or other 
  2.31  relevant geographic markets in addition to the ones specified in 
  2.32  this paragraph. 
  2.33     (b) For purposes of this section, the following terms have 
  2.34  the meanings given: 
  2.35     (1) "health care provider" has the meaning given in section 
  2.36  62J.03; and 
  3.1      (2) "regional coordinating board" means a regional 
  3.2   coordinating board established in section 62J.09. 
  3.3      Sec. 3.  [EFFECTIVE DATE.] 
  3.4      Section 1 is effective the day following final enactment.  
  3.5   Section 2 is effective retroactive to January 1, 1995.