HF 5

CCR--HF0005 - 88th Legislature (2013 - 2014)

Posted on 03/14/2013 09:25 a.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 5 1.2A bill for an act 1.3relating to commerce; establishing the Minnesota Insurance Marketplace; 1.4prescribing its powers and duties; prohibiting abortion coverage with certain 1.5exemptions; recognizing the right to a person's physician of choice; establishing 1.6the right not to participate; specifying open meeting requirements and data 1.7practices procedures; appropriating money;amending Minnesota Statutes 2012, 1.8section 13.7191, by adding a subdivision; proposing coding for new law as 1.9Minnesota Statutes, chapter 62V. 1.10March 14, 2013 1.11The Honorable Paul Thissen 1.12Speaker of the House of Representatives 1.13The Honorable Sandra L. Pappas 1.14President of the Senate 1.15We, the undersigned conferees for H. F. No. 5 report that we have agreed upon the 1.16items in dispute and recommend as follows: 1.17That the Senate recede from its amendments and that H. F. No. 5 be further amended 1.18as follows: 1.19Delete everything after the enacting clause and insert: 1.20    "Section 1. Minnesota Statutes 2012, section 13.7191, is amended by adding a 1.21subdivision to read: 1.22     new text begin Subd. 14a. new text end new text begin Minnesota Insurance Marketplace. new text end new text begin Classification and sharing of data new text end 1.23 new text begin of the Minnesota Insurance Marketplace is governed by section 62V.06. new text end 1.24    Sec. 2. Minnesota Statutes 2012, section 13D.08, is amended by adding a subdivision 1.25to read: 1.26     new text begin Subd. 5a. new text end new text begin Minnesota Insurance Marketplace. new text end new text begin Meetings of the Minnesota new text end 1.27 new text begin Insurance Marketplace are governed by section 62V.03, subdivision 2. new text end 1.28    Sec. 3. new text begin [62V.01] TITLE. new text end 1.29 new text begin This chapter may be cited as the "Minnesota Insurance Marketplace Act." new text end 2.1    Sec. 4. new text begin [62V.02] DEFINITIONS. new text end 2.2     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of this chapter, the following terms have new text end 2.3 new text begin the meanings given. new text end 2.4     new text begin Subd. 2. new text end new text begin Board. new text end new text begin "Board" means the Board of Directors of the Minnesota Insurance new text end 2.5 new text begin Marketplace specified in section 62V.04. new text end 2.6     new text begin Subd. 3. new text end new text begin Dental plan. new text end new text begin "Dental plan" has the meaning defined in section 62Q.76, new text end 2.7 new text begin subdivision 3. new text end 2.8     new text begin Subd. 4. new text end new text begin Health plan. new text end new text begin "Health plan" means a policy, contract, certificate, or new text end 2.9 new text begin agreement defined in section 62A.011, subdivision 3. new text end 2.10     new text begin Subd. 5. new text end new text begin Health carrier. new text end new text begin "Health carrier" has the meaning defined in section new text end 2.11 new text begin 62A.011. new text end 2.12     new text begin Subd. 6. new text end new text begin Individual market. new text end new text begin "Individual market" means the market for health new text end 2.13 new text begin insurance coverage offered to individuals. new text end 2.14     new text begin Subd. 7. new text end new text begin Insurance producer. new text end new text begin "Insurance producer" has the meaning defined new text end 2.15 new text begin in section 60K.31. new text end 2.16     new text begin Subd. 8. new text end new text begin Minnesota Insurance Marketplace. new text end new text begin "Minnesota Insurance Marketplace" new text end 2.17 new text begin means the Minnesota Insurance Marketplace created as a state health benefit exchange new text end 2.18 new text begin as described in section 1311 of the federal Patient Protection and Affordable Care Act, new text end 2.19 new text begin Public Law 111-148, and further defined through amendments to the act and regulations new text end 2.20 new text begin issued under the act. new text end 2.21     new text begin Subd. 9. new text end new text begin Navigator. new text end new text begin "Navigator" has the meaning described in section 1311(i) of new text end 2.22 new text begin the federal Patient Protection and Affordable Care Act, Public Law 111-148, and further new text end 2.23 new text begin defined through amendments to the act and regulations issued under the act. new text end 2.24     new text begin Subd. 10. new text end new text begin Public health care program. new text end new text begin "Public health care program" means any new text end 2.25 new text begin public health care program administered by the commissioner of human services. new text end 2.26     new text begin Subd. 11. new text end new text begin Qualified health plan. new text end new text begin "Qualified health plan" means a health plan that new text end 2.27 new text begin meets the definition in section 1301(a) of the Affordable Care Act, Public Law 111-148, new text end 2.28 new text begin and has been certified by the board in accordance with section 62V.05, subdivision 5, to new text end 2.29 new text begin be offered through the Minnesota Insurance Marketplace. new text end 2.30     new text begin Subd. 12. new text end new text begin Small group market. new text end new text begin "Small group market" means the market for health new text end 2.31 new text begin insurance coverage offered to small employers as defined in section 62L.02, subdivision 26. new text end 2.32     new text begin Subd. 13. new text end new text begin Web site. new text end new text begin "Web site" means a site maintained on the World Wide Web by new text end 2.33 new text begin the Minnesota Insurance Marketplace that allows for access to information and services new text end 2.34 new text begin provided by the Minnesota Insurance Marketplace. new text end 3.1    Sec. 5. new text begin [62V.03] MINNESOTA INSURANCE MARKETPLACE; new text end 3.2 new text begin ESTABLISHMENT. new text end 3.3     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Minnesota Insurance Marketplace is created as a new text end 3.4 new text begin board under section 15.012, paragraph (a), to: new text end 3.5 new text begin (1) promote informed consumer choice, innovation, competition, quality, value, new text end 3.6 new text begin market participation, affordability, suitable and meaningful choices, health improvement, new text end 3.7 new text begin care management, reduction of health disparities, and portability of health plans; new text end 3.8 new text begin (2) facilitate and simplify the comparison, choice, enrollment, and purchase of new text end 3.9 new text begin health plans for individuals purchasing in the individual market through the Minnesota new text end 3.10 new text begin Insurance Marketplace and for employees and employers purchasing in the small group new text end 3.11 new text begin market through the Minnesota Insurance Marketplace; new text end 3.12 new text begin (3) assist small employers with access to small business health insurance tax credits new text end 3.13 new text begin and to assist individuals with access to public health care programs, premium assistance new text end 3.14 new text begin tax credits and cost-sharing reductions, and certificates of exemption from individual new text end 3.15 new text begin responsibility requirements; new text end 3.16 new text begin (4) facilitate the integration and transition of individuals between public health care new text end 3.17 new text begin programs and health plans in the individual or group market and develop processes that, to new text end 3.18 new text begin the maximum extent possible, provide for continuous coverage; and new text end 3.19     new text begin (5) establish and modify as necessary a name and brand for the Minnesota Insurance new text end 3.20 new text begin Marketplace based on market studies that show maximum effectiveness in attracting the new text end 3.21 new text begin uninsured and motivating them to take action. new text end 3.22     new text begin Subd. 2. new text end new text begin Application of other law. new text end new text begin (a) The Minnesota Insurance Marketplace must new text end 3.23 new text begin be reviewed by the legislative auditor under section 3.971. The legislative auditor shall new text end 3.24 new text begin audit the books, accounts, and affairs of the Minnesota Insurance Marketplace once each new text end 3.25 new text begin year or less frequently as the legislative auditor's funds and personnel permit. Upon the new text end 3.26 new text begin audit of the financial accounts and affairs of the Minnesota Insurance Marketplace, the new text end 3.27 new text begin Minnesota Insurance Marketplace is liable to the state for the total cost and expenses of new text end 3.28 new text begin the audit, including the salaries paid to the examiners while actually engaged in making new text end 3.29 new text begin the examination. The legislative auditor may bill the Minnesota Insurance Marketplace new text end 3.30 new text begin either monthly or at the completion of the audit. All collections received for the audits new text end 3.31 new text begin must be deposited in the general fund and are appropriated to the legislative auditor. new text end 3.32 new text begin Pursuant to section 3.97, subdivision 3a, the Legislative Audit Commission is requested new text end 3.33 new text begin to direct the legislative auditor to report by March 1, 2014, to the legislature on any new text end 3.34 new text begin duplication of services that occurs within state government as a result of the creation of the new text end 3.35 new text begin Minnesota Insurance Marketplace. The legislative auditor may make recommendations on new text end 4.1 new text begin consolidating or eliminating any services deemed duplicative. The board shall reimburse new text end 4.2 new text begin the legislative auditor for any costs incurred in the creation of this report. new text end 4.3 new text begin (b) Board members of the Minnesota Insurance Marketplace are subject to sections new text end 4.4 new text begin 10A.07 and 10A.09. Board members and the personnel of the Minnesota Insurance new text end 4.5 new text begin Marketplace are subject to section 10A.071. new text end 4.6 new text begin (c) All meetings of the board shall comply with the open meeting law in chapter new text end 4.7 new text begin 13D, except that: new text end 4.8 new text begin (1) meetings, or portions of meetings, regarding compensation negotiations with the new text end 4.9 new text begin director or managerial staff may be closed in the same manner and according to the same new text end 4.10 new text begin procedures identified in section 13D.03; new text end 4.11 new text begin (2) meetings regarding contract negotiation strategy may be closed in the same new text end 4.12 new text begin manner and according to the same procedures identified in section 13D.05, subdivision 3, new text end 4.13 new text begin paragraph (c); and new text end 4.14 new text begin (3) meetings, or portions of meetings, regarding not public data described in section new text end 4.15 new text begin 62V.06, subdivision 3, and regarding trade secret information as defined in section 13.37, new text end 4.16 new text begin subdivision 1, paragraph (b), are closed to the public, but must otherwise comply with new text end 4.17 new text begin the procedures identified in chapter 13D. new text end 4.18 new text begin (d) The Minnesota Insurance Marketplace and provisions specified under this new text end 4.19 new text begin chapter are exempt from: new text end 4.20 new text begin (1) chapter 14, including section 14.386, except as specified in section 62V.05; and new text end 4.21 new text begin (2) chapters 16B and 16C, with the exception of sections 16C.08, subdivision new text end 4.22 new text begin 2, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and new text end 4.23 new text begin (3), paragraph (b), and paragraph (c); and section 16C.16. However, the Minnesota new text end 4.24 new text begin Insurance Marketplace, in consultation with the commissioner of administration, shall new text end 4.25 new text begin implement policies and procedures to establish an open and competitive procurement new text end 4.26 new text begin process for the Minnesota Insurance Marketplace that, to the extent practicable, conforms new text end 4.27 new text begin to the principles and procedures contained in chapters 16B and 16C. In addition, the new text end 4.28 new text begin Minnesota Insurance Marketplace may enter into an agreement with the commissioner of new text end 4.29 new text begin administration for other services. new text end 4.30 new text begin (e) The board and the Web site are exempt from chapter 60K. Any employee of the new text end 4.31 new text begin Minnesota Insurance Marketplace who sells, solicits, or negotiates insurance to individuals new text end 4.32 new text begin or small employers must be licensed as an insurance producer under chapter 60K. new text end 4.33 new text begin (f) Section 3.3005 applies to any federal funds received by the Minnesota Insurance new text end 4.34 new text begin Marketplace. new text end 4.35 new text begin (g) The Minnesota Insurance Marketplace is exempt from the following sections in new text end 4.36 new text begin chapter 16E: 16E.01, subdivision 3, paragraph (b); 16E.03, subdivisions 3 and 4; 16E.04, new text end 5.1 new text begin subdivision 1, subdivision 2, paragraph (e), and subdivision 3, paragraph (b); 16E.0465; new text end 5.2 new text begin 16E.055; 16E.145; 16E.15; 16E.16; 16E.17; 16E.18; and 16E.22. new text end 5.3 new text begin (h) A Minnesota Insurance Marketplace decision that requires a vote of the board, new text end 5.4 new text begin other than a decision that applies only to hiring of employees or other internal management new text end 5.5 new text begin of the Minnesota Insurance Marketplace, is an "administrative action" under section new text end 5.6 new text begin 10A.01, subdivision 2. new text end 5.7     new text begin Subd. 3. new text end new text begin Continued operation of a private marketplace. new text end new text begin (a) Nothing in this chapter new text end 5.8 new text begin shall be construed to prohibit: (1) a health carrier from offering outside of the Minnesota new text end 5.9 new text begin Insurance Marketplace a health plan to a qualified individual or qualified employer; and new text end 5.10 new text begin (2) a qualified individual from enrolling in, or a qualified employer from selecting for its new text end 5.11 new text begin employees, a health plan offered outside of the Minnesota Insurance Marketplace. new text end 5.12     new text begin (b) Nothing in this chapter shall be construed to restrict the choice of a qualified new text end 5.13 new text begin individual to enroll or not enroll in a qualified health plan or to participate in the Minnesota new text end 5.14 new text begin Insurance Marketplace. Nothing in this chapter shall be construed to compel an individual new text end 5.15 new text begin to enroll in a qualified health plan or to participate in the Minnesota Insurance Marketplace. new text end 5.16     new text begin (c) For purposes of this subdivision, "qualified individual" and "qualified employer" new text end 5.17 new text begin have the meanings given in section 1312 of the Affordable Care Act, Public Law 111-148, new text end 5.18 new text begin and further defined through amendments to the act and regulations issued under the act. new text end 5.19    Sec. 6. new text begin [62V.04] GOVERNANCE. new text end 5.20     new text begin Subdivision 1. new text end new text begin Board. new text end new text begin The Minnesota Insurance Marketplace is governed by a new text end 5.21 new text begin board of directors with seven members. new text end 5.22     new text begin Subd. 2. new text end new text begin Appointment. new text end new text begin (a) Board membership of the Minnesota Insurance new text end 5.23 new text begin Marketplace consists of the following: new text end 5.24 new text begin (1) three members appointed by the governor with the advice and consent of both the new text end 5.25 new text begin senate and the house of representatives acting separately in accordance with paragraph (d), new text end 5.26 new text begin with one member representing the interests of individual consumers eligible for individual new text end 5.27 new text begin market coverage, one member representing individual consumers eligible for public health new text end 5.28 new text begin care program coverage, and one member representing small employers. Members are new text end 5.29 new text begin appointed to serve four-year terms following the initial staggered-term lot determination; new text end 5.30 new text begin (2) three members appointed by the governor with the advice and consent of both the new text end 5.31 new text begin senate and the house of representatives acting separately in accordance with paragraph (d) new text end 5.32 new text begin who have demonstrated expertise, leadership, and innovation in the following areas: one new text end 5.33 new text begin member representing the areas of health administration, health care finance, health plan new text end 5.34 new text begin purchasing, and health care delivery systems; one member representing the areas of public new text end 5.35 new text begin health, health disparities, public health care programs, and the uninsured; and one member new text end 6.1 new text begin representing health policy issues related to the small group and individual markets. new text end 6.2 new text begin Members are appointed to serve four-year terms following the initial staggered-term lot new text end 6.3 new text begin determination; and new text end 6.4 new text begin (3) the commissioner of human services or a designee. new text end 6.5 new text begin (b) Section 15.0597 shall apply to all appointments, except for the commissioner. new text end 6.6 new text begin (c) The governor shall make appointments to the board that are consistent with new text end 6.7 new text begin federal law and regulations regarding its composition and structure. All board members new text end 6.8 new text begin appointed by the governor must be legal residents of Minnesota. new text end 6.9 new text begin (d) Upon appointment by the governor, a board member shall exercise duties of new text end 6.10 new text begin office immediately. If both the house of representatives and the senate vote not to confirm new text end 6.11 new text begin an appointment, the appointment terminates on the day following the vote not to confirm new text end 6.12 new text begin in the second body to vote. new text end 6.13 new text begin (e) Initial appointments shall be made by April 30, 2013. new text end 6.14     new text begin (f) One of the six members appointed under paragraph (a), clause (1) or (2), must new text end 6.15 new text begin have experience in representing the needs of vulnerable populations and persons with new text end 6.16 new text begin disabilities. new text end 6.17     new text begin (g) Membership on the board must include representation from outside the new text end 6.18 new text begin seven-county metropolitan area, as defined in section 473.121, subdivision 2. new text end 6.19     new text begin Subd. 3. new text end new text begin Terms. new text end new text begin (a) Board members may serve no more than two consecutive new text end 6.20 new text begin terms, except for the commissioner or the commissioner's designee, who shall serve new text end 6.21 new text begin until replaced by the governor. new text end 6.22 new text begin (b) A board member may resign at any time by giving written notice to the board. new text end 6.23 new text begin (c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2), new text end 6.24 new text begin shall have an initial term of two, three, or four years, determined by lot by the secretary of new text end 6.25 new text begin state. new text end 6.26     new text begin Subd. 4. new text end new text begin Conflicts of interest. new text end new text begin (a) Within one year prior to or at any time during new text end 6.27 new text begin their appointed term, board members appointed under subdivision 2, paragraph (a), new text end 6.28 new text begin clauses (1) and (2), shall not be employed by, be a member of the board of directors of, new text end 6.29 new text begin or otherwise be a representative of a health carrier, institutional health care provider or new text end 6.30 new text begin other entity providing health care, navigator, insurance producer, or other entity in the new text end 6.31 new text begin business of selling items or services of significant value to or through the Minnesota new text end 6.32 new text begin Insurance Marketplace. No member of the board may currently serve as a lobbyist, as new text end 6.33 new text begin defined under section 10A.01, subdivision 21. For purposes of this paragraph, "health care new text end 6.34 new text begin provider or entity" does not include an academic institution. new text end 6.35     new text begin (b) Directors must recuse themselves from discussion of and voting on an official new text end 6.36 new text begin matter if the director has a conflict of interest. A conflict of interest means an association new text end 7.1 new text begin including a financial or personal association that has the potential to bias or have the new text end 7.2 new text begin appearance of biasing a director's decisions in matters related to the exchange or the new text end 7.3 new text begin conduct of activities under this chapter. No board member shall have a spouse who is new text end 7.4 new text begin an executive of a health carrier. new text end 7.5     new text begin Subd. 5. new text end new text begin Acting chair; first meeting; supervision. new text end new text begin (a) The governor shall designate new text end 7.6 new text begin as acting chair one of the appointees described in subdivision 2. new text end 7.7 new text begin (b) The board shall hold its first meeting within 60 days of enactment. new text end 7.8 new text begin (c) The board shall elect a chair to replace the acting chair at the first meeting. new text end 7.9     new text begin Subd. 6. new text end new text begin Chair. new text end new text begin The board shall have a chair, elected by a majority of members. new text end 7.10 new text begin The chair shall serve for one year. new text end 7.11     new text begin Subd. 7. new text end new text begin Officers. new text end new text begin The members of the board shall elect officers by a majority of new text end 7.12 new text begin members. The officers shall serve for one year. new text end 7.13     new text begin Subd. 8. new text end new text begin Vacancies. new text end new text begin If a vacancy occurs, the governor shall appoint a new member new text end 7.14 new text begin within 90 days, and the newly appointed member shall be subject to the same confirmation new text end 7.15 new text begin process described in subdivision 2. new text end 7.16     new text begin Subd. 9. new text end new text begin Removal. new text end new text begin (a) A board member may be removed by the appointing new text end 7.17 new text begin authority and a majority vote of the board following notice and hearing before the board. new text end 7.18 new text begin For purposes of this subdivision, the appointing authority or a designee of the appointing new text end 7.19 new text begin authority shall be a voting member of the board for purposes of constituting a quorum. new text end 7.20 new text begin (b) A conflict of interest as defined in subdivision 4, shall be cause for removal new text end 7.21 new text begin from the board. new text end 7.22     new text begin Subd. 10. new text end new text begin Meetings. new text end new text begin The board shall meet at least quarterly. new text end 7.23     new text begin Subd. 11. new text end new text begin Quorum. new text end new text begin A majority of the members of the board constitutes a quorum, new text end 7.24 new text begin and the affirmative vote of a majority of members of the board is necessary and sufficient new text end 7.25 new text begin for action taken by the board. new text end 7.26     new text begin Subd. 12. new text end new text begin Compensation. new text end new text begin (a) The board members shall be paid a salary not to new text end 7.27 new text begin exceed the salary limits established under section 15A.0815, subdivision 4. The salary for new text end 7.28 new text begin board members shall be set in accordance with this subdivision and section 15A.0815, new text end 7.29 new text begin subdivision 5. This paragraph expires December 31, 2015. new text end 7.30 new text begin (b) Beginning January 1, 2016, the board members may be compensated in new text end 7.31 new text begin accordance with section 15.0575. new text end 7.32     new text begin Subd. 13. new text end new text begin Advisory committees. new text end new text begin (a) The board shall establish and maintain new text end 7.33 new text begin advisory committees to provide insurance producers, health care providers, the health care new text end 7.34 new text begin industry, consumers, and other stakeholders with the opportunity to advise the board new text end 7.35 new text begin regarding the operation of the Minnesota Insurance Marketplace as required under section new text end 7.36 new text begin 1311(d)(6) of the Affordable Care Act, Public Law 111-148. The board shall regularly new text end 8.1 new text begin consult with the advisory committees. The advisory committees established under this new text end 8.2 new text begin paragraph shall not expire. new text end 8.3     new text begin (b) The board may establish additional advisory committees, as necessary, to gather new text end 8.4 new text begin and provide information to the board in order to facilitate the operation of the Minnesota new text end 8.5 new text begin Insurance Marketplace. The advisory committees established under this paragraph shall new text end 8.6 new text begin not expire, except by action of the board. new text end 8.7     new text begin (c) Section 15.0597 shall not apply to any advisory committee established by the new text end 8.8 new text begin board under this subdivision. new text end 8.9 new text begin (d) The board may provide compensation and expense reimbursement under section new text end 8.10 new text begin 15.059, subdivision 3, to members of the advisory committee. new text end 8.11    Sec. 7. new text begin [62V.05] RESPONSIBILITIES AND POWERS OF THE MINNESOTA new text end 8.12 new text begin INSURANCE MARKETPLACE. new text end 8.13     new text begin Subdivision 1. new text end new text begin General. new text end new text begin (a) The board shall operate the Minnesota Insurance new text end 8.14 new text begin Marketplace according to this chapter and applicable state and federal law. new text end 8.15 new text begin (b) The board has the power to: new text end 8.16 new text begin (1) employ personnel and delegate administrative, operational, and other new text end 8.17 new text begin responsibilities to the director and other personnel as deemed appropriate by the board. new text end 8.18 new text begin This authority is subject to chapters 43A and 179A. The director and managerial staff of new text end 8.19 new text begin the Minnesota Insurance Marketplace shall serve in the unclassified service and shall be new text end 8.20 new text begin governed by a compensation plan prepared by the board, submitted to the commissioner new text end 8.21 new text begin of management and budget for review and comment within 14 days of its receipt, and new text end 8.22 new text begin approved by the Legislative Coordinating Commission and the legislature under section new text end 8.23 new text begin 3.855, except that section 15A.0815, subdivision 5, paragraph (e), shall not apply; new text end 8.24 new text begin (2) establish the budget of the Minnesota Insurance Marketplace; new text end 8.25 new text begin (3) seek and accept money, grants, loans, donations, materials, services, or new text end 8.26 new text begin advertising revenue from government agencies, philanthropic organizations, and public and new text end 8.27 new text begin private sources to fund the operation of the Minnesota Insurance Marketplace. No health new text end 8.28 new text begin carrier or insurance producer shall advertise on the Minnesota Insurance Marketplace; new text end 8.29 new text begin (4) contract for the receipt and provision of goods and services; new text end 8.30 new text begin (5) enter into information-sharing agreements with federal and state agencies and new text end 8.31 new text begin other entities, provided the agreements include adequate protections with respect to new text end 8.32 new text begin the confidentiality and integrity of the information to be shared, and comply with all new text end 8.33 new text begin applicable state and federal laws, regulations, and rules, including the requirements of new text end 8.34 new text begin section 62V.06; and new text end 9.1     new text begin (6) exercise all powers reasonably necessary to implement and administer the new text end 9.2 new text begin requirements of this chapter and the Affordable Care Act, Public Law 111-148. new text end 9.3 new text begin (c) The board shall establish policies and procedures to gather public comment and new text end 9.4 new text begin provide public notice in the State Register. new text end 9.5 new text begin (d) Within 180 days of enactment, the board shall establish bylaws, policies, new text end 9.6 new text begin and procedures governing the operations of the Minnesota Insurance Marketplace in new text end 9.7 new text begin accordance with this chapter. new text end 9.8     new text begin Subd. 2. new text end new text begin Operations funding. new text end new text begin (a) Prior to January 1, 2015, the Minnesota Insurance new text end 9.9 new text begin Marketplace shall retain or collect up to 1.5 percent of total premiums for individual and new text end 9.10 new text begin small group market health plans and dental plans sold through the Minnesota Insurance new text end 9.11 new text begin Marketplace to fund the cash reserves of the Minnesota Insurance Marketplace, but the new text end 9.12 new text begin amount collected shall not exceed a dollar amount equal to 25 percent of the funds new text end 9.13 new text begin collected under Minnesota Statutes, section 62E.11, subdivision 6, for calendar year 2012. new text end 9.14 new text begin (b) Beginning January 1, 2015, the Minnesota Insurance Marketplace shall retain new text end 9.15 new text begin or collect up to 3.5 percent of total premiums for individual and small group market new text end 9.16 new text begin health plans and dental plans sold through the Minnesota Insurance Marketplace to fund new text end 9.17 new text begin the operations of the Minnesota Insurance Marketplace, but the amount collected shall new text end 9.18 new text begin not exceed a dollar amount equal to 50 percent of the funds collected under Minnesota new text end 9.19 new text begin Statutes, section 62E.11, subdivision 6, for calendar year 2012. new text end 9.20 new text begin (c) Beginning January 1, 2016, the Minnesota Insurance Marketplace shall retain or new text end 9.21 new text begin collect up to 3.5 percent of total premiums for individual and small group market health new text end 9.22 new text begin plans and dental plans sold through the Minnesota Insurance Marketplace to fund the new text end 9.23 new text begin operations of the Minnesota Insurance Marketplace, but the amount collected may never new text end 9.24 new text begin exceed a dollar amount greater than 100 percent of the funds collected under Minnesota new text end 9.25 new text begin Statutes, section 62E.11, subdivision 6, for calendar year 2012. new text end 9.26 new text begin (d) For fiscal years 2014 and 2015, the commissioner of management and budget is new text end 9.27 new text begin authorized to provide cash flow assistance of up to $20,000,000 from the special revenue new text end 9.28 new text begin fund or the statutory general fund under Minnesota Statutes, section 16A.671, subdivision new text end 9.29 new text begin 3, paragraph (a), to the Minnesota Insurance Marketplace. Any funds provided under this new text end 9.30 new text begin paragraph shall be repaid, with interest, by June 30, 2015. new text end 9.31 new text begin (e) Funding for the operations of the Minnesota Insurance Marketplace shall cover new text end 9.32 new text begin any compensation provided to navigators participating in the navigator program. new text end 9.33     new text begin Subd. 3. new text end new text begin Insurance producers. new text end new text begin (a) By April 30, 2013, the board, in consultation with new text end 9.34 new text begin the commissioner of commerce, shall establish certification requirements that must be met new text end 9.35 new text begin by insurance producers in order to assist individuals and small employers with purchasing new text end 10.1 new text begin coverage through the Minnesota Insurance Marketplace. Prior to January 1, 2015, the new text end 10.2 new text begin board may amend the requirements, only if necessary, due to a change in federal rules. new text end 10.3 new text begin (b) Certification requirements shall not exceed the requirements established under new text end 10.4 new text begin Code of Federal Regulations, title 45, part 155.220. Certification shall include training on new text end 10.5 new text begin health plans available through the Minnesota Insurance Marketplace, available tax credits new text end 10.6 new text begin and cost-sharing arrangements, compliance with privacy and security standards, eligibility new text end 10.7 new text begin verification processes, online enrollment tools, and basic information on available public new text end 10.8 new text begin health care programs. Training required for certification under this subdivision shall new text end 10.9 new text begin qualify for continuing education requirements for insurance producers required under new text end 10.10 new text begin chapter 60K, and must comply with course approval requirements under chapter 45. new text end 10.11 new text begin (c) Producer compensation shall be established by health carriers that provide new text end 10.12 new text begin health benefit plans through the Minnesota Insurance Marketplace. The structure of new text end 10.13 new text begin compensation to insurance producers must be similar for health plans sold through the new text end 10.14 new text begin Minnesota Insurance Marketplace and outside the Minnesota Insurance Marketplace. new text end 10.15 new text begin (d) Any insurance producer compensation structure established by a health carrier new text end 10.16 new text begin for the small group market must include compensation for defined contribution plans that new text end 10.17 new text begin involve multiple health carriers. The compensation offered must be commensurate with new text end 10.18 new text begin other small group market defined health plans. new text end 10.19 new text begin (e) Any insurance producer assisting an individual or small employer with new text end 10.20 new text begin purchasing coverage through the Minnesota Insurance Marketplace must disclose, orally new text end 10.21 new text begin and in writing, to the individual or small employer at the time of the first solicitation with new text end 10.22 new text begin the prospective purchaser the following: new text end 10.23 new text begin (1) the health carriers and qualified health plans offered through the Minnesota new text end 10.24 new text begin Insurance Marketplace that the producer is authorized to sell, and that the producer may new text end 10.25 new text begin not be authorized to sell all the qualified health plans offered through the Minnesota new text end 10.26 new text begin Insurance Marketplace; new text end 10.27 new text begin (2) that the producer may be receiving compensation from a health carrier for new text end 10.28 new text begin enrolling the individual or small employer into a particular health plan; and new text end 10.29 new text begin (3) that information on all qualified health plans offered through the Minnesota new text end 10.30 new text begin Insurance Marketplace is available through the Minnesota Insurance Marketplace Web site. new text end 10.31 new text begin For purposes of this paragraph, "solicitation" means any contact by a producer, or any new text end 10.32 new text begin person acting on behalf of a producer made for the purpose of selling or attempting to sell new text end 10.33 new text begin coverage through the Minnesota Insurance Marketplace. If the first solicitation is made by new text end 10.34 new text begin telephone, the disclosures required under this paragraph need not be made in writing, but new text end 10.35 new text begin the fact that disclosure has been made must be acknowledged on the application. new text end 11.1 new text begin (f) Beginning January 15, 2015, each health carrier that offers or sells qualified new text end 11.2 new text begin health plans through the Minnesota Insurance Marketplace shall report in writing to the new text end 11.3 new text begin board and the commissioner of commerce the compensation and other incentives it offers new text end 11.4 new text begin or provides to insurance producers with regard to each type of health plan the health carrier new text end 11.5 new text begin offers or sells both inside and outside of the Minnesota Insurance Marketplace. Each new text end 11.6 new text begin health carrier shall submit a report annually and upon any change to the compensation or new text end 11.7 new text begin other incentives offered or provided to insurance producers. new text end 11.8 new text begin (g) Nothing in this chapter shall prohibit an insurance producer from offering new text end 11.9 new text begin professional advice and recommendations to a small group purchaser based upon new text end 11.10 new text begin information provided to the producer. new text end 11.11 new text begin (h) An insurance producer that offers health plans in the small group market shall new text end 11.12 new text begin notify each small group purchaser of which group health plans qualify for Internal new text end 11.13 new text begin Revenue Service approved section 125 tax benefits. The insurance producer shall also new text end 11.14 new text begin notify small group purchasers of state law provisions that benefit small group plans when new text end 11.15 new text begin the employer agrees to pay 50 percent or more of its employees' premium. Individuals new text end 11.16 new text begin who are eligible for cost-effective medical assistance will count toward the 75 percent new text end 11.17 new text begin participation requirement in section 62L.03, subdivision 3. new text end 11.18 new text begin (i) Nothing in this subdivision shall be construed to limit the licensure requirements new text end 11.19 new text begin or regulatory functions of the commissioner of commerce under chapter 60K. new text end 11.20     new text begin Subd. 4. new text end new text begin Navigator; in-person assisters; call center. new text end new text begin (a) The board shall establish new text end 11.21 new text begin policies and procedures for the ongoing operation of a navigator program, in-person new text end 11.22 new text begin assister program, call center, and customer service provisions for the Minnesota Insurance new text end 11.23 new text begin Marketplace to be implemented beginning January 1, 2015. new text end 11.24 new text begin (b) Until the implementation of the policies and procedures described in paragraph new text end 11.25 new text begin (a), the following shall be in effect: new text end 11.26 new text begin (1) the navigator program shall be met by section 256.962; new text end 11.27 new text begin (2) entities eligible to be navigators, including entities defined in Code of Federal new text end 11.28 new text begin Regulations, title 45, part 155.210(c)(2), may serve as in-person assisters; new text end 11.29 new text begin (3) the board shall establish requirements and compensation for the navigator new text end 11.30 new text begin program and the in-person assister program by April 30, 2013. Compensation for new text end 11.31 new text begin navigators and in-person assisters must take into account any other compensation received new text end 11.32 new text begin by the navigator or in-person assister for conducting the same or similar services; and new text end 11.33 new text begin (4) call center operations shall utilize existing state resources and personnel, new text end 11.34 new text begin including referrals to counties for medical assistance. new text end 11.35 new text begin (c) The board shall establish a toll-free number for the Minnesota Insurance new text end 11.36 new text begin Marketplace and may hire and contract for additional resources as deemed necessary. new text end 12.1     new text begin (d) The navigator program and in-person assister program must meet the new text end 12.2 new text begin requirements of section 1311(i) of the Affordable Care Act, Public Law 111-148. In new text end 12.3 new text begin establishing training standards for the navigators and in-person assisters, the board must new text end 12.4 new text begin ensure that all entities and individuals carrying out navigator and in-person assister new text end 12.5 new text begin functions have training in the needs of underserved and vulnerable populations; eligibility new text end 12.6 new text begin and enrollment rules and procedures; the range of available public health care programs new text end 12.7 new text begin and qualified health plan options offered through the Minnesota Insurance Marketplace; new text end 12.8 new text begin and privacy and security standards. For calendar year 2014, the commissioner of new text end 12.9 new text begin human services shall ensure that the navigator program under section 256.962 provides new text end 12.10 new text begin application assistance for both qualified health plans offered through the Minnesota new text end 12.11 new text begin Insurance Marketplace and public health care programs. new text end 12.12 new text begin (e) The board must ensure that any information provided by navigators, in-person new text end 12.13 new text begin assisters, the call center, or other customer assistance portals be accessible to persons new text end 12.14 new text begin with disabilities and that information provided on public health care programs include new text end 12.15 new text begin information on other coverage options available to persons with disabilities. new text end 12.16     new text begin Subd. 5. new text end new text begin Health carrier and health plan requirements; participation. new text end new text begin (a) new text end 12.17 new text begin Beginning January 1, 2015, the board may establish certification requirements for health new text end 12.18 new text begin carriers and health plans to be offered through the Minnesota Insurance Marketplace that new text end 12.19 new text begin satisfy federal requirements under section 1311(c)(1) of the Affordable Care Act, Public new text end 12.20 new text begin Law 111-148. new text end 12.21 new text begin (b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory new text end 12.22 new text begin requirements that: new text end 12.23 new text begin (1) apply uniformly to all health carriers and health plans in the individual market; new text end 12.24 new text begin (2) apply uniformly to all health carriers and health plans in the small group market; new text end 12.25 new text begin and new text end 12.26 new text begin (3) satisfy minimum federal certification requirements under section 1311(c)(1) of new text end 12.27 new text begin the Affordable Care Act, Public Law 111-148. new text end 12.28 new text begin (c) In accordance with section 1311(e) of the Affordable Care Act, Public Law new text end 12.29 new text begin 111-148, the board shall establish policies and procedures for certification and selection new text end 12.30 new text begin of health plans to be offered as qualified health plans through the Minnesota Insurance new text end 12.31 new text begin Marketplace. The board shall certify and select a health plan as a qualified health plan to new text end 12.32 new text begin be offered through the Minnesota Insurance Marketplace, if: new text end 12.33 new text begin (1) the health plan meets the minimum certification requirements established in new text end 12.34 new text begin paragraph (a) or the market regulatory requirements in paragraph (b); new text end 12.35 new text begin (2) the board determines that making the health plan available through the Minnesota new text end 12.36 new text begin Insurance Marketplace is in the interest of qualified individuals and qualified employers; new text end 13.1 new text begin (3) the health carrier applying to offer the health plan through the Minnesota Insurance new text end 13.2 new text begin Marketplace also applies to offer health plans at each actuarial value level and service area new text end 13.3 new text begin that the health carrier currently offers in the individual and small group markets; and new text end 13.4 new text begin (4) the health carrier does not apply to offer health plans in the individual and small new text end 13.5 new text begin group markets through the Minnesota Insurance Marketplace under a separate license of a new text end 13.6 new text begin parent organization or holding company under section 60D.15, that is different from what new text end 13.7 new text begin the health carrier offers in the individual and small group markets outside the Minnesota new text end 13.8 new text begin Insurance Marketplace. new text end 13.9 new text begin (d) In determining the interests of qualified individuals and employers under new text end 13.10 new text begin paragraph (c), clause (2), the board may not exclude a health plan for any reason specified new text end 13.11 new text begin under section 1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148. The board new text end 13.12 new text begin may consider: new text end 13.13 new text begin (1) affordability; new text end 13.14 new text begin (2) quality and value of health plans; new text end 13.15 new text begin (3) promotion of prevention and wellness; new text end 13.16 new text begin (4) promotion of initiatives to reduce health disparities; new text end 13.17 new text begin (5) market stability and adverse selection; new text end 13.18 new text begin (6) meaningful choices and access; new text end 13.19 new text begin (7) alignment and coordination with state agency and private sector purchasing new text end 13.20 new text begin strategies and payment reform efforts; and new text end 13.21 new text begin (8) other criteria that the board determines appropriate. new text end 13.22 new text begin (e) For qualified health plans offered through the Minnesota Insurance Marketplace new text end 13.23 new text begin on or after January 1, 2015, the board shall establish policies and procedures under new text end 13.24 new text begin paragraphs (c) and (d) for selection of health plans to be offered as qualified health plans new text end 13.25 new text begin through the Minnesota Insurance Marketplace by February 1 of each year, beginning new text end 13.26 new text begin February 1, 2014. The board shall consistently and uniformly apply all policies and new text end 13.27 new text begin procedures and any requirements, standards, or criteria to all health carriers and health new text end 13.28 new text begin plans. For any policies, procedures, requirements, standards, or criteria that are defined new text end 13.29 new text begin as rules under section 14.02, subdivision 4, the board may use the process described in new text end 13.30 new text begin subdivision 9. new text end 13.31 new text begin (f) For 2014, the board shall not have the power to select health carriers and health new text end 13.32 new text begin plans for participation in the Minnesota Insurance Marketplace. The board shall permit new text end 13.33 new text begin all health plans that meet the certification requirements under section 1311(c)(1) of the new text end 13.34 new text begin Affordable Care Act, Public Law 111-148, to be offered through the Minnesota Insurance new text end 13.35 new text begin Marketplace. new text end 14.1 new text begin (g) Under paragraphs (b) and (c), the board shall have the power to verify that new text end 14.2 new text begin health carriers and health plans are properly certified to be eligible for participation in the new text end 14.3 new text begin Minnesota Insurance Marketplace. new text end 14.4 new text begin (h) The board has the authority to decertify health carriers and health plans that new text end 14.5 new text begin fail to maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public new text end 14.6 new text begin Law 111-148. new text end 14.7 new text begin (i) For qualified health plans offered through the Minnesota Insurance Marketplace new text end 14.8 new text begin beginning January 1, 2015, health carriers must use the most current addendum for Indian new text end 14.9 new text begin health care providers approved by the Centers for Medicare and Medicaid Services and new text end 14.10 new text begin the tribes as part of their contracts with Indian health care providers. The Minnesota new text end 14.11 new text begin Insurance Marketplace shall comply with all future changes in federal law with regard new text end 14.12 new text begin to health coverage for the tribes. new text end 14.13     new text begin Subd. 6. new text end new text begin Appeals. new text end new text begin (a) The board may conduct hearings, appoint hearing officers, new text end 14.14 new text begin and recommend final orders related to appeals of any Minnesota Insurance Marketplace new text end 14.15 new text begin determinations, except for those determinations identified in paragraph (d). An appeal by new text end 14.16 new text begin a health carrier regarding a specific certification or selection determination made by the new text end 14.17 new text begin Minnesota Insurance Marketplace under subdivision 5 must be conducted as a contested new text end 14.18 new text begin case proceeding under chapter 14, with the report or order of the administrative law judge new text end 14.19 new text begin constituting the final decision in the case, subject to judicial review under sections 14.63 new text end 14.20 new text begin to 14.69. For other appeals, the board shall establish hearing processes which provide for new text end 14.21 new text begin a reasonable opportunity to be heard and timely resolution of the appeal and which are new text end 14.22 new text begin consistent with the requirements of federal law and guidance. An appealing party may be new text end 14.23 new text begin represented by legal counsel at these hearings, but this is not a requirement. new text end 14.24 new text begin (b) The Minnesota Insurance Marketplace may establish service-level agreements new text end 14.25 new text begin with state agencies to conduct hearings for appeals. Notwithstanding section 471.59, new text end 14.26 new text begin subdivision 1, a state agency is authorized to enter into service-level agreements for this new text end 14.27 new text begin purpose with the Minnesota Insurance Marketplace. new text end 14.28 new text begin (c) For proceedings under this subdivision, the Minnesota Insurance Marketplace may new text end 14.29 new text begin be represented by an attorney who is an employee of the Minnesota Insurance Marketplace. new text end 14.30 new text begin (d) This subdivision does not apply to appeals of determinations where a state new text end 14.31 new text begin agency hearing is available under section 256.045. new text end 14.32     new text begin Subd. 7. new text end new text begin Agreements; consultation. new text end new text begin (a) The board shall: new text end 14.33 new text begin (1) establish and maintain an agreement with the chief information officer of new text end 14.34 new text begin the Office of Enterprise Technology for information technology services that ensures new text end 14.35 new text begin coordination with public health care programs. The board may establish and maintain new text end 14.36 new text begin agreements with the chief information officer of the Office of Enterprise Technology for new text end 15.1 new text begin other information technology services, including an agreement that would permit the new text end 15.2 new text begin Minnesota Insurance Marketplace to administer eligibility for additional health care and new text end 15.3 new text begin public assistance programs under the authority of the commissioner of human services; new text end 15.4 new text begin (2) establish and maintain an agreement with the commissioner of human services new text end 15.5 new text begin for cost allocation and services regarding eligibility determinations and enrollment for new text end 15.6 new text begin public health care programs that use a modified adjusted gross income standard to new text end 15.7 new text begin determine program eligibility. The board may establish and maintain an agreement with new text end 15.8 new text begin the commissioner of human services for other services; new text end 15.9 new text begin (3) establish and maintain an agreement with the commissioners of commerce new text end 15.10 new text begin and health for services regarding enforcement of Minnesota Insurance Marketplace new text end 15.11 new text begin certification requirements for health plans and dental plans offered through the Minnesota new text end 15.12 new text begin Insurance Marketplace. The board may establish and maintain agreements with the new text end 15.13 new text begin commissioners of commerce and health for other services; and new text end 15.14 new text begin (4) establish interagency agreements to transfer funds to other state agencies for new text end 15.15 new text begin their costs related to implementing and operating the Minnesota Insurance Marketplace, new text end 15.16 new text begin excluding medical assistance allocatable costs. new text end 15.17 new text begin (b) The board shall consult with the commissioners of commerce and health new text end 15.18 new text begin regarding the operations of the Minnesota Insurance Marketplace. new text end 15.19 new text begin (c) The board shall consult with Indian tribes and organizations regarding the new text end 15.20 new text begin operation of the Minnesota Insurance Marketplace. new text end 15.21 new text begin (d) Beginning March 15, 2014, and each March 15 thereafter, the board shall submit new text end 15.22 new text begin a report to the chairs and ranking minority members of the committees in the senate and new text end 15.23 new text begin house of representatives with primary jurisdiction over commerce, health, and human new text end 15.24 new text begin services on all the agreements entered into with the chief information officer of the Office new text end 15.25 new text begin of Enterprise Technology, or the commissioners of human services, health, or commerce new text end 15.26 new text begin in accordance with this subdivision. The report shall include the agency in which the new text end 15.27 new text begin agreement is with; the time period of the agreement; the purpose of the agreement; and new text end 15.28 new text begin a summary of the terms of the agreement. A copy of the agreement must be submitted new text end 15.29 new text begin to the extent practicable. new text end 15.30     new text begin Subd. 8. new text end new text begin Rulemaking. new text end new text begin (a) If the board's policies, procedures, or other statements are new text end 15.31 new text begin rules, as defined in section 14.02, subdivision 4, the requirements in either paragraph (b) new text end 15.32 new text begin or (c) apply, as applicable. new text end 15.33 new text begin (b) Effective upon enactment until January 1, 2015: new text end 15.34 new text begin (1) the board shall publish notice of proposed rules in the State Register after new text end 15.35 new text begin complying with section 14.07, subdivision 2; new text end 16.1 new text begin (2) interested parties have 21 days to comment on the proposed rules. The board new text end 16.2 new text begin must consider comments it receives. After the board has considered all comments and new text end 16.3 new text begin has complied with section 14.07, subdivision 2, the board shall publish notice of the new text end 16.4 new text begin final rule in the State Register; new text end 16.5 new text begin (3) if the adopted rules are the same as the proposed rules, the notice shall state that new text end 16.6 new text begin the rules have been adopted as proposed and shall cite the prior publication. If the adopted new text end 16.7 new text begin rules differ from the proposed rules, the portions of the adopted rules that differ from the new text end 16.8 new text begin proposed rules shall be included in the notice of adoption, together with a citation to the new text end 16.9 new text begin prior State Register that contained the notice of the proposed rules; and new text end 16.10 new text begin (4) rules published in the State Register before January 1, 2014, take effect upon new text end 16.11 new text begin publication of the notice. Rules published in the State Register on and after January 1, new text end 16.12 new text begin 2014, take effect 30 days after publication of the notice. new text end 16.13 new text begin (c) Beginning January 1, 2015, the board may adopt rules to implement any new text end 16.14 new text begin provisions in this chapter using the expedited rulemaking process in section 14.389. new text end 16.15 new text begin (d) The notice of proposed rules required in paragraph (b) must provide information new text end 16.16 new text begin as to where the public may obtain a copy of the rules. The board shall post the proposed new text end 16.17 new text begin rules on the Minnesota Insurance Marketplace Web site at the same time the notice is new text end 16.18 new text begin published in the State Register. new text end 16.19     new text begin Subd. 9. new text end new text begin Dental plans. new text end new text begin (a) The provisions of this section that apply to health plans new text end 16.20 new text begin shall apply to dental plans offered as stand-alone dental plans through the Minnesota new text end 16.21 new text begin Insurance Marketplace, to the extent practicable. new text end 16.22     new text begin (b) A stand-alone dental plan offered through the Minnesota Insurance Marketplace new text end 16.23 new text begin must meet all certification requirements under section 1311(c)(1) of the Affordable Care new text end 16.24 new text begin Act, Public Law 111-148, that are applicable to health plans, except for certification new text end 16.25 new text begin requirements that cannot be met because the dental plan only covers dental benefits. new text end 16.26     new text begin Subd. 10. new text end new text begin Limitations; risk-bearing. new text end new text begin (a) The board shall not bear insurance risk or new text end 16.27 new text begin enter into any agreement with health care providers to pay claims. new text end 16.28 new text begin (b) Nothing in this subdivision shall prevent the Minnesota Insurance Marketplace new text end 16.29 new text begin from providing insurance for its employees. new text end 16.30    Sec. 8. new text begin [62V.06] DATA PRACTICES. new text end 16.31     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin The Minnesota Insurance Marketplace is a state new text end 16.32 new text begin agency for purposes of the Minnesota Government Data Practices Act and is subject to all new text end 16.33 new text begin provisions of chapter 13, in addition to the requirements contained in this section. new text end 16.34     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin As used in this section: new text end 17.1     new text begin (1) "individual" means an individual according to section 13.02, subdivision 8, but new text end 17.2 new text begin does not include a vendor of services; and new text end 17.3     new text begin (2) "participating" means that an individual, employee, or employer is seeking, or new text end 17.4 new text begin has sought an eligibility determination, enrollment processing, or premium processing new text end 17.5 new text begin through the Minnesota Insurance Marketplace. new text end 17.6     new text begin Subd. 3. new text end new text begin General data classifications. new text end new text begin The following data collected, created, or new text end 17.7 new text begin maintained by the Minnesota Insurance Marketplace are classified as private data on new text end 17.8 new text begin individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined new text end 17.9 new text begin in section 13.02, subdivision 9: new text end 17.10 new text begin (1) data on any individual participating in the Minnesota Insurance Marketplace; new text end 17.11 new text begin (2) data on any individuals participating in the Minnesota Insurance Marketplace as new text end 17.12 new text begin employees of an employer participating in the Minnesota Insurance Marketplace; and new text end 17.13 new text begin (3) data on employers participating in the Minnesota Insurance Marketplace. new text end 17.14     new text begin Subd. 4. new text end new text begin Application and certification data. new text end new text begin (a) Data submitted by an insurance new text end 17.15 new text begin producer in an application for certification to sell a health plan through the Minnesota new text end 17.16 new text begin Insurance Marketplace, or submitted by an applicant seeking permission or a commission new text end 17.17 new text begin to act as a navigator or in-person assister, are classified as follows: new text end 17.18 new text begin (1) at the time the application is submitted, all data contained in the application are new text end 17.19 new text begin private data, as defined in section 13.02, subdivision 12, or nonpublic data as defined in new text end 17.20 new text begin section 13.02, subdivision 9, except that the name of the applicant is public; and new text end 17.21 new text begin (2) upon a final determination related to the application for certification by the new text end 17.22 new text begin Minnesota Insurance Marketplace, all data contained in the application are public, with new text end 17.23 new text begin the exception of trade secret data as defined in section 13.37. new text end 17.24 new text begin (b) Data created or maintained by a government entity as part of the evaluation of new text end 17.25 new text begin an application are protected nonpublic data, as defined in section 13.02, subdivision 13, new text end 17.26 new text begin until a final determination as to certification is made and all rights of appeal have been new text end 17.27 new text begin exhausted. Upon a final determination and exhaustion of all rights of appeal, these data are new text end 17.28 new text begin public, with the exception of trade secret data as defined in section 13.37 and data subject new text end 17.29 new text begin to attorney-client privilege or other protection as provided in section 13.393. new text end 17.30 new text begin (c) If an application is denied, the public data must include the criteria used by the new text end 17.31 new text begin board to evaluate the application and the specific reasons for the denial, and these data new text end 17.32 new text begin must be published on the Minnesota Insurance Marketplace Web site. new text end 17.33     new text begin Subd. 5. new text end new text begin Data sharing. new text end new text begin (a) The Minnesota Insurance Marketplace may share or new text end 17.34 new text begin disseminate data classified as private or nonpublic in subdivision 3 as follows: new text end 17.35 new text begin (1) to the subject of the data, as provided in section 13.04; new text end 17.36     new text begin (2) according to a court order; new text end 18.1     new text begin (3) according to a state or federal law specifically authorizing access to the data; new text end 18.2 new text begin (4) with other state or federal agencies, only to the extent necessary to verify the new text end 18.3 new text begin identity of, determine the eligibility of, process premiums for, process enrollment of, or new text end 18.4 new text begin investigate fraud related to an individual, employer, or employee participating in the new text end 18.5 new text begin Minnesota Insurance Marketplace, provided that the Minnesota Insurance Marketplace new text end 18.6 new text begin must enter into a data-sharing agreement with the agency prior to sharing data under new text end 18.7 new text begin this clause; and new text end 18.8 new text begin (5) with a nongovernmental person or entity, only to the extent necessary to verify new text end 18.9 new text begin the identity of, determine the eligibility of, process premiums for, process enrollment of, new text end 18.10 new text begin or investigate fraud related to an individual, employer, or employee participating in the new text end 18.11 new text begin Minnesota Insurance Marketplace, provided that the Minnesota Insurance Marketplace new text end 18.12 new text begin must enter a contract with the person or entity, as provided in section 13.05, subdivision 6 new text end 18.13 new text begin or 11, prior to disseminating data under this clause. new text end 18.14     new text begin (b) The Minnesota Insurance Marketplace may share or disseminate data classified new text end 18.15 new text begin as private or nonpublic in subdivision 4 as follows: new text end 18.16     new text begin (1) to the subject of the data, as provided in section 13.04; new text end 18.17     new text begin (2) according to a court order; new text end 18.18     new text begin (3) according to a state or federal law specifically authorizing access to the data; new text end 18.19     new text begin (4) with other state or federal agencies, only to the extent necessary to carry out the new text end 18.20 new text begin functions of the Minnesota Insurance Marketplace, provided that the Minnesota Insurance new text end 18.21 new text begin Marketplace must enter into a data-sharing agreement with the agency prior to sharing new text end 18.22 new text begin data under this clause; and new text end 18.23     new text begin (5) with a nongovernmental person or entity, only to the extent necessary to carry new text end 18.24 new text begin out the functions of the Minnesota Insurance Marketplace, provided that the Minnesota new text end 18.25 new text begin Insurance Marketplace must enter a contract with the person or entity, as provided in new text end 18.26 new text begin section 13.05, subdivision 6 or 11, prior to disseminating data under this clause. new text end 18.27 new text begin (c) Sharing or disseminating data outside of the exchange in a manner not authorized new text end 18.28 new text begin by this subdivision is prohibited. The list of authorized dissemination and sharing new text end 18.29 new text begin contained in this subdivision must be included in the Tennessen warning required by new text end 18.30 new text begin section 13.04, subdivision 2. new text end 18.31     new text begin (d) Until July 1, 2014, state agencies must share data classified as private or new text end 18.32 new text begin nonpublic on individuals, employees, or employers participating in the Minnesota new text end 18.33 new text begin Insurance Marketplace with the Minnesota Insurance Marketplace, only to the extent new text end 18.34 new text begin such data are necessary to verify the identity of, determine the eligibility of, process new text end 18.35 new text begin premiums for, process enrollment of, or investigate fraud related to a Minnesota Insurance new text end 19.1 new text begin Marketplace participant. The agency must enter into a data-sharing agreement with the new text end 19.2 new text begin Minnesota Insurance Marketplace prior to sharing any data under this paragraph. new text end 19.3     new text begin Subd. 6. new text end new text begin Notice and disclosures. new text end new text begin (a) In addition to the Tennessen warning required new text end 19.4 new text begin by section 13.04, subdivision 2, the Minnesota Insurance Marketplace must provide any new text end 19.5 new text begin data subject asked to supply private data with: new text end 19.6 new text begin (1) a notice of rights related to the handling of genetic information, pursuant to new text end 19.7 new text begin section 13.386; and new text end 19.8 new text begin (2) a notice of the records retention policy of the Minnesota Insurance Marketplace, new text end 19.9 new text begin detailing the length of time the Minnesota Insurance Marketplace will retain data on the new text end 19.10 new text begin individual and the manner in which it will be destroyed upon expiration of that time. new text end 19.11 new text begin (b) All notices required by this subdivision, including the Tennessen warning, must new text end 19.12 new text begin be provided in an electronic format suitable for downloading or printing. new text end 19.13     new text begin Subd. 7. new text end new text begin Summary data. new text end new text begin In addition to creation and disclosure of summary data new text end 19.14 new text begin derived from private data on individuals, as permitted by section 13.05, subdivision 7, the new text end 19.15 new text begin Minnesota Insurance Marketplace may create and disclose summary data derived from new text end 19.16 new text begin data classified as nonpublic under this section. new text end 19.17     new text begin Subd. 8. new text end new text begin Access to data; audit trail. new text end new text begin (a) Only individuals with explicit authorization new text end 19.18 new text begin from the board may enter, update, or access not public data collected, created, or maintained new text end 19.19 new text begin by the Minnesota Insurance Marketplace. The ability of authorized individuals to enter, new text end 19.20 new text begin update, or access data must be limited through the use of role-based access that corresponds new text end 19.21 new text begin to the official duties or training level of the individual, and the statutory authorization that new text end 19.22 new text begin grants access for that purpose. All queries and responses, and all actions in which data are new text end 19.23 new text begin entered, updated, accessed, or shared or disseminated outside of the Minnesota Insurance new text end 19.24 new text begin Marketplace, must be recorded in a data audit trail. Data contained in the audit trail are new text end 19.25 new text begin public, to the extent that the data are not otherwise classified by this section. new text end 19.26 new text begin The board shall immediately and permanently revoke the authorization of any new text end 19.27 new text begin individual determined to have willfully entered, updated, accessed, shared, or disseminated new text end 19.28 new text begin data in violation of this section, or any provision of chapter 13. If an individual is new text end 19.29 new text begin determined to have willfully gained access to data without explicit authorization from the new text end 19.30 new text begin board, the board shall forward the matter to the county attorney for prosecution. new text end 19.31 new text begin (b) This subdivision shall not limit or affect the authority of the legislative new text end 19.32 new text begin auditor to access data needed to conduct audits, evaluations, or investigations of the new text end 19.33 new text begin Minnesota Insurance Marketplace or the obligation of the board and Minnesota Insurance new text end 19.34 new text begin Marketplace employees to comply with section 3.978, subdivision 2. new text end 20.1 new text begin (c) This subdivision does not apply to actions taken by a Minnesota Insurance new text end 20.2 new text begin Marketplace participant to enter, update, or access data held by the Minnesota Insurance new text end 20.3 new text begin Marketplace, if the participant is the subject of the data that is entered, updated, or accessed. new text end 20.4     new text begin Subd. 9. new text end new text begin Sale of data prohibited. new text end new text begin The Minnesota Insurance Marketplace may not new text end 20.5 new text begin sell any data collected, created, or maintained by the Minnesota Insurance Marketplace, new text end 20.6 new text begin regardless of its classification, for commercial or any other purposes. new text end 20.7     new text begin Subd. 10. new text end new text begin Gun and firearm ownership. new text end new text begin The Minnesota Insurance Marketplace new text end 20.8 new text begin shall not collect information that indicates whether or not an individual owns a gun or has new text end 20.9 new text begin a firearm in the individual's home. new text end 20.10    Sec. 9. new text begin [62V.07] FUNDS. new text end 20.11     new text begin (a) The Minnesota Insurance Marketplace account is created in the special new text end 20.12 new text begin revenue fund of the state treasury. All funds received by the Minnesota Insurance new text end 20.13 new text begin Marketplace shall be deposited in the account. Funds in the account are appropriated new text end 20.14 new text begin to the Minnesota Insurance Marketplace for the operation of the Minnesota Insurance new text end 20.15 new text begin Marketplace. Notwithstanding section 11A.20, all investment income and all investment new text end 20.16 new text begin losses attributable to the investment of the Minnesota Insurance Marketplace account not new text end 20.17 new text begin currently needed, shall be credited to the Minnesota Insurance Marketplace account. new text end 20.18 new text begin (b) The budget submitted to the legislature under section 16A.11 must include new text end 20.19 new text begin budget information for the Minnesota Insurance Marketplace. new text end 20.20    Sec. 10. new text begin [62V.08] REPORTS. new text end 20.21 new text begin (a) The Minnesota Insurance Marketplace shall submit a report to the legislature by new text end 20.22 new text begin January 15, 2015, and each January 15 thereafter, on: (1) the performance of Minnesota new text end 20.23 new text begin Insurance Marketplace operations; (2) meeting the Minnesota Insurance Marketplace new text end 20.24 new text begin responsibilities; (3) an accounting of the Minnesota Insurance Marketplace budget new text end 20.25 new text begin activities; (4) practices and procedures that have been implemented to ensure compliance new text end 20.26 new text begin with data practices laws, and a description of any violations of data practices laws or new text end 20.27 new text begin procedures; and (5) the effectiveness of the outreach and implementation activities of the new text end 20.28 new text begin Minnesota Insurance Marketplace in reducing the rate of uninsurance. new text end 20.29 new text begin (b) The Minnesota Insurance Marketplace must publish its administrative and new text end 20.30 new text begin operational costs on a Web site to educate consumers on those costs. The information new text end 20.31 new text begin published must include: (1) the amount of premiums and federal premium subsidies new text end 20.32 new text begin collected; (2) the amount and source of revenue received under section 62V.05, subdivision new text end 20.33 new text begin 1, paragraph (b), clause (3); (3) the amount and source of any other fees collected for new text end 21.1 new text begin purposes of supporting operations; and (4) any misuse of funds as identified in accordance new text end 21.2 new text begin with section 3.975. The Web site must be updated at least annually. new text end 21.3    Sec. 11. new text begin [62V.09] EXPIRATION AND SUNSET EXCLUSION. new text end 21.4 new text begin Notwithstanding section 15.059, the board and its advisory committees shall not new text end 21.5 new text begin expire, except as specified in section 62V.04, subdivision 13. The board and its advisory new text end 21.6 new text begin committees are not subject to review or sunsetting under chapter 3D. new text end 21.7    Sec. 12. new text begin [62V.10] RIGHT NOT TO PARTICIPATE. new text end 21.8 new text begin Nothing in this chapter infringes on the right of a Minnesota citizen not to participate new text end 21.9 new text begin in the Minnesota Insurance Marketplace. new text end 21.10    Sec. 13. new text begin [62V.11] LEGISLATIVE OVERSIGHT COMMITTEE. new text end 21.11     new text begin Subdivision 1. new text end new text begin Legislative oversight. new text end new text begin (a) The Legislative Oversight Committee is new text end 21.12 new text begin established to provide oversight to the implementation of this chapter and the operation new text end 21.13 new text begin of the Minnesota Insurance Marketplace. new text end 21.14 new text begin (b) The committee shall review the operations of the Minnesota Insurance new text end 21.15 new text begin Marketplace at least annually and shall recommend necessary changes in policy, new text end 21.16 new text begin implementation, and statutes to the board and to the legislature. new text end 21.17 new text begin (c) The Minnesota Insurance Marketplace shall present to the committee the annual new text end 21.18 new text begin report required in section 62V.08, the appeals process under section 62V.05, subdivision 6, new text end 21.19 new text begin and the actions taken regarding the treatment of multiemployer plans. new text end 21.20     new text begin Subd. 2. new text end new text begin Membership; meetings; compensation. new text end new text begin (a) The Legislative Oversight new text end 21.21 new text begin Committee shall consist of five members of the senate, three members appointed by new text end 21.22 new text begin the majority leader of the senate, and two members appointed by the minority leader of new text end 21.23 new text begin the senate; and five members of the house of representatives, three members appointed new text end 21.24 new text begin by the speaker of the house, and two members appointed by the minority leader of the new text end 21.25 new text begin house of representatives. new text end 21.26 new text begin (b) Appointed legislative members serve at the pleasure of the appointing authority new text end 21.27 new text begin and shall continue to serve until their successors are appointed. new text end 21.28 new text begin (c) The first meeting of the committee shall be convened by the chair of the new text end 21.29 new text begin Legislative Coordinating Commission. Members shall elect a chair at the first meeting. new text end 21.30 new text begin The chair must convene at least one meeting annually, and may convene other meetings as new text end 21.31 new text begin deemed necessary. new text end 21.32     new text begin Subd. 3. new text end new text begin Review of proposed rules. new text end new text begin (a) Prior to the implementation of rules new text end 21.33 new text begin proposed under section 62V.05, subdivision 8, paragraph (b), the board shall submit the new text end 22.1 new text begin proposed rules to the committee at the same time the proposed rules are published in new text end 22.2 new text begin the State Register. new text end 22.3 new text begin (b) When the legislature is in session, the rule may be adopted, but, if within ten new text end 22.4 new text begin days of receipt of the proposed rule a majority of the committee members appointed by the new text end 22.5 new text begin senate and a majority of the committee members appointed by the house of representatives new text end 22.6 new text begin request further review of the proposed rule, the rule shall not be effective until the request new text end 22.7 new text begin has been satisfied and withdrawn, the rule is approved in law, or the regular session of new text end 22.8 new text begin the legislature is adjourned for the year. new text end 22.9 new text begin (c) If the legislature is not in session, the rule may be adopted, but, if within ten days new text end 22.10 new text begin of receipt of the proposed rule a majority of the committee members appointed by the new text end 22.11 new text begin senate and a majority of the committee members appointed by the house of representatives new text end 22.12 new text begin request further review of the proposed rule, the rule shall not be effective until the request new text end 22.13 new text begin has been satisfied and withdrawn, or February 1, whichever occurs first. new text end 22.14     new text begin Subd. 4. new text end new text begin Review of costs. new text end new text begin The board shall submit for review the annual budget of new text end 22.15 new text begin the Minnesota Insurance Marketplace for the next fiscal year by March 15 of each year, new text end 22.16 new text begin beginning March 15, 2014. new text end 22.17    Sec. 14. new text begin TRANSITION OF AUTHORITY. new text end 22.18 new text begin (a) Upon the effective date of this act, the commissioner of management and budget new text end 22.19 new text begin shall exercise all authorities and responsibilities under Minnesota Statutes, sections 62V.03 new text end 22.20 new text begin and 62V.05 until the board has satisfied the requirements of Minnesota Statutes, section new text end 22.21 new text begin 62V.05, subdivision 1, paragraph (c). In exercising these authorities and responsibilities of new text end 22.22 new text begin the board, the commissioner of management and budget shall be subject to or exempted new text end 22.23 new text begin from the same statutory provisions as the board, as identified in Minnesota Statutes, new text end 22.24 new text begin section 62V.03, subdivision 2. new text end 22.25 new text begin (b) Upon the establishment of bylaws, policies, and procedures governing the new text end 22.26 new text begin operations of the Minnesota Insurance Marketplace by the board as required under new text end 22.27 new text begin Minnesota Statutes, section 62V.05, subdivision 1, paragraph (c), all personnel, assets, new text end 22.28 new text begin contracts, obligations, and funds managed by the commissioner of management and new text end 22.29 new text begin budget for the design and development of the Minnesota Insurance Marketplace shall be new text end 22.30 new text begin transferred to the board. Existing personnel managed by the commissioner of management new text end 22.31 new text begin and budget for the design and development of the Minnesota Insurance Marketplace shall new text end 22.32 new text begin staff the board upon enactment. new text end 22.33    Sec. 15. new text begin MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION new text end 22.34 new text begin TERMINATION. new text end 23.1 new text begin The commissioner of commerce, in consultation with the board of directors of the new text end 23.2 new text begin Minnesota Comprehensive Health Association, has the authority to develop and implement new text end 23.3 new text begin the phase-out and eventual appropriate termination of coverage provided by the Minnesota new text end 23.4 new text begin Comprehensive Health Association under Minnesota Statutes, chapter 62E. The phase-out new text end 23.5 new text begin of coverage shall begin no sooner than January 1, 2014, or upon the effective date of the new text end 23.6 new text begin operation of the Minnesota Insurance Marketplace and the ability to purchase qualified new text end 23.7 new text begin health plans through the Minnesota Insurance Marketplace, whichever is later, and shall, new text end 23.8 new text begin to the extent practicable, ensure the least amount of disruption to the enrollees' health care new text end 23.9 new text begin coverage. The member assessments established under Minnesota Statutes, section 62E.11, new text end 23.10 new text begin shall take into consideration any phase-out of coverage implemented under this section. new text end 23.11    Sec. 16. new text begin REPORT ON APPEALS PROCESS. new text end 23.12 new text begin By February 1, 2014, and February 1, 2015, the board of directors of the Minnesota new text end 23.13 new text begin Insurance Marketplace shall submit a report to the chairs and ranking minority members new text end 23.14 new text begin of the committees in the senate and house of representatives with primary jurisdiction over new text end 23.15 new text begin commerce, health, and civil law on the appeals process for eligibility determinations new text end 23.16 new text begin established under Minnesota Statutes, section 62V.05, subdivision 6. new text end 23.17    Sec. 17. new text begin CONTINGENT TREATMENT OF MULTIEMPLOYER PLANS. new text end 23.18     new text begin On or after the date that final federal regulations are adopted regarding the treatment new text end 23.19 new text begin of multiemployer plans, the Minnesota Insurance Marketplace shall take such actions as new text end 23.20 new text begin are necessary, in consultation with the commissioner of commerce and in accordance with new text end 23.21 new text begin final federal regulations, to: (1) ensure that all multiemployer plans are notified of the new text end 23.22 new text begin final federal rules; (2) conform all policies and procedures of the Minnesota Insurance new text end 23.23 new text begin Marketplace with applicable federal rules related to multiemployer plans; and (3) permit new text end 23.24 new text begin multiemployer plans to be integrated in the Minnesota Insurance Marketplace to the new text end 23.25 new text begin maximum extent permitted by federal rules. The Minnesota Insurance Marketplace shall new text end 23.26 new text begin submit written notification to the legislature regarding its compliance with this section. new text end 23.27    Sec. 18. new text begin EFFECTIVE DATE. new text end 23.28 new text begin Sections 1 to 17 are effective the day following final enactment. The secretary of state new text end 23.29 new text begin must post notice of vacancies for positions on the board immediately after final enactment. new text end 23.30 new text begin Any actions taken by any state agencies in furtherance of the design, development, and new text end 23.31 new text begin implementation of the Minnesota Insurance Marketplace prior to the effective date shall be new text end 23.32 new text begin considered actions taken by the Minnesota Insurance Marketplace and shall be governed new text end 24.1 new text begin by the provisions of this chapter and state law. Health plan and dental plan coverage new text end 24.2 new text begin through the Minnesota Insurance Marketplace is effective January 1, 2014. new text end " 24.3Delete the title and insert: 24.4"A bill for an act 24.5relating to commerce; establishing the Minnesota Insurance Marketplace; 24.6prescribing its powers and duties; establishing the right not to participate; 24.7specifying data practices procedures; establishing a legislative oversight 24.8committee; requiring reports; appropriating money;amending Minnesota 24.9Statutes 2012, sections 13.7191, by adding a subdivision; 13D.08, by adding a 24.10subdivision; proposing coding for new law as Minnesota Statutes, chapter 62V." 25.1 We request the adoption of this report and repassage of the bill. 25.2 House Conferees: 25.3 ..... ..... 25.4 Joe Atkins Thomas Huntley 25.5 ..... ..... 25.6 Tina Liebling Jim Abeler 25.7 ..... 25.8 Dan Schoen 25.9 Senate Conferees: 25.10 ..... ..... 25.11 Tony Lourey Kathy Sheran 25.12 ..... ..... 25.13 Jeff Hayden Barb Goodwin 25.14 ..... 25.15 James P. Metzen