1.1                          A bill for an act 
  1.2             relating to health care; providing for assessments of 
  1.3             proposed health coverage mandates; amending Minnesota 
  1.4             Statutes 1996, section 62J.152, subdivision 7; 
  1.5             Minnesota Statutes 1997 Supplement, section 62J.152, 
  1.6             subdivision 1; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 62J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.10  62J.152, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERALLY.] The health technology advisory 
  1.12  committee established in section 62J.15 shall: 
  1.13     (1) develop criteria and processes for evaluating health 
  1.14  care technology assessments made by other entities; 
  1.15     (2) conduct evaluations of specific technologies and their 
  1.16  specific use and application; 
  1.17     (3) provide the legislature with scientific evaluations of 
  1.18  proposed benefit mandates that utilize health care technologies 
  1.19  for a specific use and application; 
  1.20     (4) report the results of the evaluations to the 
  1.21  commissioner and the legislative commission on health care 
  1.22  access; and 
  1.23     (5) conduct mandated health benefit proposal assessments as 
  1.24  defined in section 62J.153; and 
  1.25     (6) carry out other duties relating to health technology 
  1.26  assigned by the legislature or the legislative commission on 
  2.1   health care access. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 62J.152, 
  2.3   subdivision 7, is amended to read: 
  2.4      Subd. 7.  [DATA GATHERING.] In evaluating a specific 
  2.5   technology or conducting a mandated health benefit proposal 
  2.6   assessment under section 62J.153, the health technology advisory 
  2.7   committee may seek the use of data collected by manufacturers, 
  2.8   health plans, professional and trade associations, nonprofit 
  2.9   organizations, academic institutions, or any other organization 
  2.10  or association that may have data relevant to the committee's 
  2.11  technology evaluation.  All information obtained under this 
  2.12  subdivision shall be considered nonpublic data under section 
  2.13  13.02, subdivision 9, unless the data is already available to 
  2.14  the public generally or upon request. 
  2.15     Sec. 3.  [62J.153] [ASSESSMENT OF PROPOSED HEALTH COVERAGE 
  2.16  MANDATES.] 
  2.17     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.18  section, the following terms have the meanings given unless the 
  2.19  context otherwise requires: 
  2.20     (1) "mandated health benefit proposal" means a proposal 
  2.21  that would statutorily require a health plan to do the following:
  2.22     (i) provide coverage or increase the amount of coverage for 
  2.23  the treatment of a particular disease, condition, or other 
  2.24  health care need; or 
  2.25     (ii) provide coverage or increase the amount of coverage of 
  2.26  a particular type of health care treatment or service or of 
  2.27  equipment, supplies, or drugs used in connection with a health 
  2.28  care treatment or service. 
  2.29     "Mandated health benefit proposal" does not include health 
  2.30  benefit proposals amending the scope of practice of a licensed 
  2.31  health care professional; 
  2.32     (2) "health technology advisory committee" means the 
  2.33  advisory committee convened under section 62J.15; and 
  2.34     (3) "health plan" means a health plan as defined in section 
  2.35  62A.011, subdivision 3, but includes coverage listed in clauses 
  2.36  (7) and (10), of that definition. 
  3.1      Subd. 2.  [HEALTH COVERAGE MANDATE ASSESSMENT PROCESS.] The 
  3.2   health technology advisory committee, in consultation with the 
  3.3   commissioners of health, commerce, human services, and employee 
  3.4   relations, shall establish and administer a process for the 
  3.5   review, assessment, and analysis of mandated health benefit 
  3.6   proposals.  The purpose of the assessment is to provide the 
  3.7   legislature with a complete and timely analysis of all 
  3.8   ramifications of any mandated health benefit proposal.  The 
  3.9   assessment must include, in addition to other relevant 
  3.10  information, the following: 
  3.11     (1) scientific and medical information on the proposed 
  3.12  health benefit, on the potential for harm or benefit to the 
  3.13  patient, and on the comparative benefit or harm from alternative 
  3.14  forms of treatment; and 
  3.15     (2) public health, economic, and fiscal impact of the 
  3.16  proposed mandate on persons receiving health services in 
  3.17  Minnesota, on the relative cost effectiveness of the benefit, 
  3.18  and on the health care system in general. 
  3.19     The health technology advisory committee shall summarize 
  3.20  the nature and quality of available information in these areas, 
  3.21  and, if possible, shall provide preliminary information to the 
  3.22  public as part of the written public comment process required in 
  3.23  subdivision 5.  The health technology advisory committee may 
  3.24  conduct research into these issues, or may certify existing 
  3.25  research as sufficient to meet the informational needs of the 
  3.26  legislature. 
  3.27     Subd. 3.  [REQUESTS FOR ASSESSMENT.] Whenever a legislative 
  3.28  measure containing a mandated health benefit proposal is 
  3.29  introduced as a bill or offered as an amendment to a bill or is 
  3.30  likely to be introduced or offered as an amendment, the chairs 
  3.31  of the standing committees having jurisdiction over the proposal 
  3.32  shall request that the health technology advisory committee 
  3.33  complete an assessment of the proposal in order to facilitate 
  3.34  any committee action by either house of the legislature.  If 
  3.35  multiple requests are received, the health technology advisory 
  3.36  committee shall consult with the chairs of the standing 
  4.1   legislative committees having jurisdiction over mandated health 
  4.2   benefit proposals to prioritize the requests.  The health 
  4.3   technology advisory committee shall not be required to direct 
  4.4   all of its activities to this type of assessment. 
  4.5      Subd. 4.  [ASSESSMENT OF PROPOSED MANDATES; REPORT TO THE 
  4.6   LEGISLATURE.] The health technology advisory committee, in 
  4.7   consultation with the commissioners of health, commerce, human 
  4.8   services, and employee relations shall conduct an assessment of 
  4.9   each mandated health benefit proposal selected for assessment 
  4.10  and submit a report to the legislature no later than 180 days 
  4.11  after the request.  The health technology advisory committee 
  4.12  shall, in consultation with the chairs of the standing 
  4.13  committees having jurisdiction over the proposal, develop a 
  4.14  reporting date for each proposal to be assessed.  The health 
  4.15  technology advisory committee may seek the assistance and advice 
  4.16  of consultants, contractors, researchers, community leaders, or 
  4.17  other persons or organizations with relevant expertise.  The 
  4.18  health technology advisory committee may certify existing 
  4.19  research as sufficient to meet the informational needs of the 
  4.20  legislature.  Prior to completion of an assessment report, the 
  4.21  health technology advisory committee must gather the information 
  4.22  required under subdivisions 2 and 5. 
  4.23     Subd. 5.  [PUBLIC COMMENT.] The health technology advisory 
  4.24  committee shall solicit written comments and recommendations on 
  4.25  a mandated health benefit proposal from any interested persons 
  4.26  and organizations during a 60-day comment period.  The health 
  4.27  technology advisory committee shall also seek the comments and 
  4.28  recommendations of representatives of health care consumers and 
  4.29  employers.  The health technology advisory committee shall 
  4.30  summarize the various comments and recommendations received in 
  4.31  its report to the legislature. 
  4.32     Subd. 6.  [ADVICE AND RECOMMENDATIONS.] The health 
  4.33  technology advisory committee may appoint an ad hoc advisory 
  4.34  panel of providers, consumer representatives, health plan 
  4.35  companies, medical technology companies, economists, actuaries, 
  4.36  and other expert persons to assist the health technology 
  5.1   advisory committee in completing a mandate review. 
  5.2      Subd. 7.  [REPORT.] The health technology advisory 
  5.3   committee shall provide a summary report of all findings and 
  5.4   recommendations to the relevant committee chairs and to the 
  5.5   author of the proposed benefit mandate.