HF 5

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 03/08/2013 03:39 p.m.

1.1A bill for an act 1.2relating to commerce; establishing the Minnesota Insurance Marketplace; 1.3prescribing its powers and duties; authorizing rulemaking; establishing a 1.4legislative oversight committee; appropriating money;amending Minnesota 1.5Statutes 2012, sections 13.7191, by adding a subdivision; 13D.08, by adding a 1.6subdivision; 16A.725, subdivision 3, by adding a subdivision; proposing coding 1.7for new law as Minnesota Statutes, chapter 62V; repealing Minnesota Statutes 1.82012, section 256.9658, subdivision 1. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2012, section 13.7191, is amended by adding a 1.11subdivision to read: 1.12     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 1.13 new text begin of the Minnesota Insurance Marketplace is governed by section 62V.06. new text end 1.14    Sec. 2. Minnesota Statutes 2012, section 13D.08, is amended by adding a subdivision 1.15to read: 1.16     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 1.17 new text begin Insurance Marketplace are governed by section 62V.03, subdivision 2. new text end 1.18    Sec. 3. Minnesota Statutes 2012, section 16A.725, is amended by adding a subdivision 1.19to read: 1.20     new text begin Subd. 2a. new text end new text begin Certified Minnesota Insurance Marketplace operating costs. new text end new text begin (a) By new text end 1.21 new text begin March 1 of each year, beginning March 1, 2015, the board of directors of the Minnesota new text end 1.22 new text begin Insurance Marketplace shall certify to the commissioner of management and budget the new text end 1.23 new text begin estimated costs necessary to fund the operations of the Minnesota Insurance Marketplace, new text end 1.24 new text begin under chapter 62V for the next fiscal year. new text end 2.1     new text begin (b) By June 1, 2013, the board of directors of the Minnesota Insurance Marketplace new text end 2.2 new text begin shall certify to the commissioner of management and budget the estimated costs necessary new text end 2.3 new text begin to fund the operations of the Minnesota Insurance Marketplace under chapter 62V for the new text end 2.4 new text begin next biennium that are not covered by federal funds. new text end 2.5    Sec. 4. Minnesota Statutes 2012, section 16A.725, subdivision 3, is amended to read: 2.6    Subd. 3. Fund reimbursements. (a) new text begin Each fiscal year, beginning fiscal year 2016, new text end 2.7 new text begin the commissioner of management and budget shall first transfer from the health impact new text end 2.8 new text begin fund to the Minnesota Insurance Marketplace account in the special revenue fund, the new text end 2.9 new text begin amount of certified expenditures under subdivision 2a, paragraph (a), or the balance of the new text end 2.10 new text begin fund, whichever is less. new text end 2.11     new text begin (b) For the 2014-2015 biennium, the commissioner of management and budget shall new text end 2.12 new text begin first transfer from the health impact fund to the Minnesota Insurance Marketplace account new text end 2.13 new text begin in the special revenue fund, the amount of certified expenditures under subdivision 2a, new text end 2.14 new text begin paragraph (b), or the balance of the fund, whichever is less. These funds may be used in new text end 2.15 new text begin either year of the biennium. new text end 2.16Each fiscal year, new text begin (c) If any balance remains in the health impact fund after the new text end 2.17 new text begin transfer in paragraph (a) or (b), new text end the commissioner of management and budget shall first 2.18 transfer from the health impact fund to the general fund an amount sufficient to offset the 2.19general fund cost of the certified expenditures under subdivision 2 or the balance of the 2.20fund, whichever is less. 2.21(b) new text begin (d) new text end If any balance remains in the health impact fund after the transfer new text begin transfers new text end in 2.22paragraph new text begin paragraphs new text end (a) new text begin to (c) new text end , the commissioner of management and budget shall transfer 2.23to the health care access fund the amount sufficient to offset the health care access fund cost 2.24of the certified expenditures in subdivision 2, or the balance of the fund, whichever is less. 2.25    Sec. 5. new text begin [62V.01] TITLE. new text end 2.26 new text begin This chapter may be cited as the "Minnesota Insurance Marketplace Act." new text end 2.27    Sec. 6. new text begin [62V.02] DEFINITIONS. new text end 2.28     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 2.29 new text begin the meanings given. new text end 2.30     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 2.31 new text begin Marketplace specified in section 62V.04. new text end 2.32     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 2.33 new text begin subdivision 3. new text end 3.1     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 3.2 new text begin agreement defined in section 62A.011, subdivision 3. new text end 3.3     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 3.4 new text begin 62A.011. new text end 3.5     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 3.6 new text begin insurance coverage offered to individuals. new text end 3.7     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 3.8 new text begin in section 60K.31. new text end 3.9     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 3.10 new text begin means the Minnesota Insurance Marketplace created as a state health benefit exchange new text end 3.11 new text begin as described in section 1311 of the federal Patient Protection and Affordable Care Act new text end 3.12 new text begin (Public Law 111-148), and further defined through amendments to the act and regulations new text end 3.13 new text begin issued under the act. new text end 3.14     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 3.15 new text begin the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further new text end 3.16 new text begin defined through amendments to the act and regulations issued under the act. new text end 3.17     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 3.18 new text begin public health care program administered by the commissioner of human services. new text end 3.19     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 3.20 new text begin meets the definition in section 1301(a) of the Affordable Care Act (Public Law 111-148), new text end 3.21 new text begin and has been certified by the board in accordance with section 62V.05, subdivision 5, to new text end 3.22 new text begin be offered through the Minnesota Insurance Marketplace. new text end 3.23     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 3.24 new text begin insurance coverage offered to small employers as defined in section 62L.02, subdivision 26. new text end 3.25    Sec. 7. new text begin [62V.03] MINNESOTA INSURANCE MARKETPLACE; new text end 3.26 new text begin ESTABLISHMENT. new text end 3.27     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 3.28 new text begin board under section 15.012, paragraph (a), to: new text end 3.29 new text begin (1) promote innovation, competition, quality, value, market participation, new text end 3.30 new text begin affordability, meaningful choices, health improvement, care management, reduction of new text end 3.31 new text begin health disparities, and portability of health plans; new text end 3.32 new text begin (2) facilitate and simplify the comparison, choice, enrollment, and purchase of new text end 3.33 new text begin health plans for individuals purchasing in the individual market through the Minnesota new text end 3.34 new text begin Insurance Marketplace and for employees and employers purchasing in the small group new text end 3.35 new text begin market through the Minnesota Insurance Marketplace; new text end 4.1 new text begin (3) assist small employers with access to small business health insurance tax credits new text end 4.2 new text begin and to assist individuals with access to public health care programs, premium assistance new text end 4.3 new text begin tax credits and cost-sharing reductions, and certificates of exemption from individual new text end 4.4 new text begin responsibility requirements; and new text end 4.5 new text begin (4) facilitate the integration and transition of individuals between public health care new text end 4.6 new text begin programs and health plans in the individual market. new text end 4.7     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 is new text end 4.8 new text begin subject to review by the legislative auditor under section 3.971. Upon the audit of the new text end 4.9 new text begin financial accounts and affairs of the Minnesota Insurance Marketplace, the Minnesota new text end 4.10 new text begin Insurance Marketplace is liable to the state for the total cost and expenses of the audit, new text end 4.11 new text begin including the salaries paid to the examiners while actually engaged in making the new text end 4.12 new text begin examination. The legislative auditor may bill the Minnesota Insurance Marketplace either new text end 4.13 new text begin monthly or at the completion of the audit. All collections received for the audits must be new text end 4.14 new text begin deposited in the general fund and are appropriated to the legislative auditor. new text end 4.15 new text begin (b) Board members of the Minnesota Insurance Marketplace are subject to sections new text end 4.16 new text begin 10A.07 and 10A.09. Board members and the personnel of the Minnesota Insurance new text end 4.17 new text begin Marketplace are subject to section 10A.071. new text end 4.18 new text begin (c) All meetings of the board shall comply with the open meeting law in chapter new text end 4.19 new text begin 13D, except that: new text end 4.20 new text begin (1) meetings regarding personnel negotiations may be closed at the discretion of new text end 4.21 new text begin the board; new text end 4.22 new text begin (2) meetings regarding contract negotiations may be closed at the discretion of new text end 4.23 new text begin the board; and new text end 4.24 new text begin (3) meetings or portions of meetings where not public data, as defined in section new text end 4.25 new text begin 13.02, subdivision 8a, or trade secret information, as defined in section 13.37, subdivision new text end 4.26 new text begin 1, are discussed must be closed to the public. new text end 4.27     new text begin (d) The Minnesota Insurance Marketplace and provisions specified under this chapter new text end 4.28 new text begin are exempt from chapter 14, including section 14.386, except as specified in section 62V.05. new text end 4.29 new text begin (e) The board and the Web site are exempt from chapter 60K. new text end 4.30 new text begin (f) Section 3.3005 applies to any federal funds received by the Minnesota Insurance new text end 4.31 new text begin Marketplace. new text end 4.32 new text begin (g) The Minnesota Insurance Marketplace is exempt from the following sections in new text end 4.33 new text begin chapter 16E: 16E.01, subdivision 3, paragraph (b); 16E.03, subdivisions 3 and 4; 16E.04, new text end 4.34 new text begin subdivision 1, subdivision 2, paragraph (e), and subdivision 3, paragraph (b); 16E.0465; new text end 4.35 new text begin 16E.055; 16E.145; 16E.15; 16E.16; 16E.17; 16E.18; and 16E.22. new text end 5.1 new text begin (h) A Minnesota Insurance Marketplace decision that requires a vote of the board, new text end 5.2 new text begin other than a decision that applies only to hiring of employees or other internal management new text end 5.3 new text begin of the Minnesota Insurance Marketplace, is an "administrative action" under section new text end 5.4 new text begin 10A.01, subdivision 2. new text end 5.5 new text begin (i) All Minnesota state legislators must purchase their health coverage through the new text end 5.6 new text begin Minnesota Insurance Marketplace. new text end 5.7    Sec. 8. new text begin [62V.04] GOVERNANCE. new text end 5.8     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 5.9 new text begin board of directors with seven members. new text end 5.10     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 5.11 new text begin Marketplace consists of the following: new text end 5.12 new text begin (1) three members appointed by the governor and confirmed by the senate, with new text end 5.13 new text begin one member representing the interests of individual consumers eligible for individual new text end 5.14 new text begin market coverage, one member representing individual consumers eligible for public health new text end 5.15 new text begin care program coverage, and one member representing small employers. Members are new text end 5.16 new text begin appointed to serve a four-year term following the initial staggered-term lot determination; new text end 5.17 new text begin (2) three members appointed by the governor and confirmed by the senate, who new text end 5.18 new text begin have demonstrated expertise, leadership, and innovation in the following areas: one new text end 5.19 new text begin member representing the areas of health administration, health care finance, health plan new text end 5.20 new text begin purchasing, and health care delivery systems; one member representing the areas of new text end 5.21 new text begin public health, health disparities, public health care programs, and the uninsured; and new text end 5.22 new text begin one member representing health policy issues related to the small group and individual new text end 5.23 new text begin markets. Members are appointed to serve a four-year term following the initial staggered new text end 5.24 new text begin term lot determination; and new text end 5.25 new text begin (3) the commissioner of human services or a designee. new text end 5.26 new text begin (b) The governor shall make appointments to the board that are consistent with new text end 5.27 new text begin federal law and regulations regarding its composition and structure. All board members new text end 5.28 new text begin appointed by the governor must be legal residents of Minnesota. new text end 5.29 new text begin (c) Section 15.0597 shall apply to all appointments, except for the commissioner new text end 5.30 new text begin and initial appointments. new text end 5.31 new text begin (d) Initial appointments shall be made within 30 days of enactment. new text end 5.32     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 5.33 new text begin terms, except for the commissioner or the commissioner's designee, who shall serve new text end 5.34 new text begin until replaced by the governor. new text end 5.35 new text begin (b) A board member may resign at any time by giving written notice to the board. new text end 6.1 new text begin (c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2), new text end 6.2 new text begin shall have an initial term of two, three, or four years, determined by lot by the secretary of new text end 6.3 new text begin state. new text end 6.4     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 6.5 new text begin their appointed term, board members appointed under subdivision 2, paragraph (a), new text end 6.6 new text begin clauses (1) and (2), shall not be employed by, be a member of the board of directors of, or new text end 6.7 new text begin otherwise be a representative of a health carrier, health care provider, navigator, insurance new text end 6.8 new text begin producer, or other entity in the business of selling items or services of significant value to new text end 6.9 new text begin or through the Minnesota Insurance Marketplace. new text end 6.10 new text begin (b) No board member shall have a close family member who is an executive of a new text end 6.11 new text begin health carrier. For purposes of this paragraph, a close family member includes a spouse, new text end 6.12 new text begin parent, sibling, or child. new text end 6.13     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 6.14 new text begin as acting chair one of the appointees described in subdivision 2. new text end 6.15 new text begin (b) The board shall hold its first meeting within 60 days of enactment. new text end 6.16 new text begin (c) The board shall elect a chair to replace the acting chair at the first meeting. new text end 6.17     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 6.18 new text begin The chair shall serve for one year. new text end 6.19     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 6.20 new text begin members. The officers shall serve for one year. new text end 6.21     new text begin Subd. 8. new text end new text begin Vacancies. new text end new text begin If a vacancy occurs on the board, the governor shall appoint a new text end 6.22 new text begin new member within 90 days to serve the remainder of the unexpired term. new text end 6.23     new text begin Subd. 9. new text end new text begin Removal. new text end new text begin A board member may be removed by the board only for cause, new text end 6.24 new text begin following notice, hearing, and a two-thirds vote of the board. A conflict of interest as new text end 6.25 new text begin defined in subdivision 4 shall be cause for removal from the board. new text end 6.26     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 6.27     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 6.28 new text begin and the affirmative vote of a majority of members of the board is necessary and sufficient new text end 6.29 new text begin for action taken by the board. new text end 6.30     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 6.31 new text begin exceed the salary limits established under section 15A.0815, subdivision 4. The salary for new text end 6.32 new text begin board members shall be set in accordance with this subdivision and section 15A.0815, new text end 6.33 new text begin subdivision 5. This paragraph expires December 31, 2015. new text end 6.34 new text begin (b) Beginning January 1, 2016, the board members may be compensated in new text end 6.35 new text begin accordance with section 15.0575. new text end 7.1     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 7.2 new text begin advisory committees to provide insurance producers, health care providers, the health new text end 7.3 new text begin care industry, consumers, and other stakeholders with the opportunity to share their new text end 7.4 new text begin perspectives regarding the operation of the Minnesota Insurance Marketplace as required new text end 7.5 new text begin under section 1311(d)(6) of the Affordable Care Act (Public Law 111-148). The board new text end 7.6 new text begin shall regularly consult with the advisory committees. The advisory committees established new text end 7.7 new text begin under this paragraph shall not expire. new text end 7.8     new text begin (b) The board may establish additional advisory committees, as necessary, to gather new text end 7.9 new text begin and provide information to the board in order to facilitate the operation of the Minnesota new text end 7.10 new text begin Insurance Marketplace. The advisory committees established under this paragraph shall new text end 7.11 new text begin not expire, except by action of the board. new text end 7.12     new text begin (c) Section 15.0597 shall not apply to any advisory committee established by the new text end 7.13 new text begin board under this subdivision. new text end 7.14    Sec. 9. new text begin [62V.05] RESPONSIBILITIES AND POWERS OF THE MINNESOTA new text end 7.15 new text begin INSURANCE MARKETPLACE. new text end 7.16     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 7.17 new text begin Marketplace according to this chapter and applicable state and federal law. new text end 7.18 new text begin (b) The board has the power to: new text end 7.19 new text begin (1) employ personnel and delegate administrative, operational, and other new text end 7.20 new text begin responsibilities to the director and other personnel as deemed appropriate by the board. new text end 7.21 new text begin The director and managerial staff of the Minnesota Insurance Marketplace shall serve in new text end 7.22 new text begin the unclassified service and shall be governed by a compensation plan prepared by the new text end 7.23 new text begin board, submitted to the commissioner of management and budget for review and comment new text end 7.24 new text begin within 14 days of its receipt, and approved by the Legislative Coordinating Commission new text end 7.25 new text begin and the legislature under section 3.855, subdivision 3, except that section 15A.0815, new text end 7.26 new text begin subdivision 5, paragraph (e), shall not apply; new text end 7.27 new text begin (2) establish the budget of the Minnesota Insurance Marketplace; new text end 7.28 new text begin (3) seek and accept money, grants, loans, donations, materials, services, or new text end 7.29 new text begin advertising revenue from government agencies, philanthropic organizations, and public new text end 7.30 new text begin and private sources to fund the operation of the Minnesota Insurance Marketplace; new text end 7.31 new text begin (4) contract for the receipt and provision of goods and services; new text end 7.32 new text begin (5) enter into information-sharing agreements with federal and state agencies and new text end 7.33 new text begin other entities as authorized under section 62V.06; and new text end 7.34 new text begin (6) take any other actions reasonably required to implement and administer its new text end 7.35 new text begin responsibilities. new text end 8.1 new text begin (c) Within 180 days of enactment, the board shall establish bylaws, policies, new text end 8.2 new text begin and procedures governing the operations of the Minnesota Insurance Marketplace in new text end 8.3 new text begin accordance with this chapter. new text end 8.4     new text begin Subd. 2. new text end new text begin Operations funding. new text end new text begin Funding for the operations of the Minnesota new text end 8.5 new text begin Insurance Marketplace shall cover any compensation provided to navigators participating new text end 8.6 new text begin in the navigator program. The Minnesota Insurance Marketplace shall post on its Web site new text end 8.7 new text begin the annual estimated costs necessary to fund the operations of the Minnesota Insurance new text end 8.8 new text begin Marketplace as certified to the commissioner of management and budget under section new text end 8.9 new text begin 16A.725, subdivision 2a. new text end 8.10     new text begin Subd. 3. new text end new text begin Insurance producers. new text end new text begin (a) Within 30 days of enactment, the commissioner new text end 8.11 new text begin of management and budget, in consultation with the commissioner of commerce, shall new text end 8.12 new text begin establish certification requirements that must be met by insurance producers in order to new text end 8.13 new text begin assist individuals and small employers with purchasing coverage through the Minnesota new text end 8.14 new text begin Insurance Marketplace. The requirements established under this paragraph shall remain new text end 8.15 new text begin in effect until the implementation of the requirements established under paragraph (b) new text end 8.16 new text begin or January 1, 2015, whichever is later. Prior to January 1, 2015, the commissioner of new text end 8.17 new text begin management and budget may amend the requirements, if necessary, due to a change in new text end 8.18 new text begin federal rules. new text end 8.19     new text begin (b) The board, in consultation with the commissioner of commerce, may establish new text end 8.20 new text begin certification requirements for insurance producers assisting individuals and small new text end 8.21 new text begin employers with purchasing coverage through the Minnesota Insurance Marketplace. new text end 8.22 new text begin Certification shall be issued by the Minnesota Insurance Marketplace. new text end 8.23     new text begin (c) Certification requirements shall not exceed the requirements established under new text end 8.24 new text begin Code of Federal Regulations, title 45, part 155.220. Certification shall include training on new text end 8.25 new text begin health plans available through the Minnesota Insurance Marketplace, available tax credits new text end 8.26 new text begin and cost-sharing arrangements, compliance with privacy and security standards, eligibility new text end 8.27 new text begin verification processes, online enrollment tools, and basic information on available public new text end 8.28 new text begin health care programs. Training required for certification under this subdivision shall new text end 8.29 new text begin qualify for continuing education requirements for insurance producers required under new text end 8.30 new text begin chapter 60K, and must comply with course approval requirements under chapter 45. new text end 8.31     new text begin (d) Any compensation, including, but not limited to, commissions, service fees, new text end 8.32 new text begin and brokerage fees paid to an insurance producer for selling, soliciting, or negotiating new text end 8.33 new text begin coverage offered through the Minnesota Insurance Marketplace shall be paid by the new text end 8.34 new text begin health carrier and must be the same for health plans offered or sold inside the Minnesota new text end 8.35 new text begin Insurance Marketplace as for health plans offered or sold outside the Minnesota Insurance new text end 8.36 new text begin Marketplace. Compensation must be set by the health carrier and not by the board. new text end 9.1     new text begin (e) Any insurance producer compensation structure established by a health carrier new text end 9.2 new text begin for the small group market must include compensation for defined contribution plans that new text end 9.3 new text begin involve multiple health carriers. The compensation offered must be commensurate with new text end 9.4 new text begin other small group market defined health plans. new text end 9.5     new text begin (f) Any insurance producer assisting an individual or small employer with new text end 9.6 new text begin purchasing coverage through the Minnesota Insurance Marketplace must disclose, orally new text end 9.7 new text begin and in writing, to the individual or small employer at the time of the first solicitation with new text end 9.8 new text begin the prospective purchaser the following: new text end 9.9     new text begin (1) the health carriers and qualified health plans offered through the Minnesota new text end 9.10 new text begin Insurance Marketplace that the producer is authorized to sell, and that the producer may new text end 9.11 new text begin not be authorized to sell all the qualified health plans offered through the Minnesota new text end 9.12 new text begin Insurance Marketplace; new text end 9.13     new text begin (2) the producer may be receiving compensation from a health carrier for enrolling new text end 9.14 new text begin the individual or small employer into a particular health plan; and new text end 9.15     new text begin (3) information on all qualified health plans offered through the Minnesota Insurance new text end 9.16 new text begin Marketplace is available through the Minnesota Insurance Marketplace Web site. new text end 9.17 new text begin For purposes of this paragraph, "solicitation" means any contact by a producer, or any new text end 9.18 new text begin person acting on behalf of a producer made for the purpose of selling or attempting to sell new text end 9.19 new text begin coverage through the Minnesota Insurance Marketplace. If the first solicitation is made by new text end 9.20 new text begin telephone, the disclosures required under this paragraph need not be made in writing. new text end 9.21     new text begin (g) Beginning January 15, 2015, each health carrier that offers or sells qualified new text end 9.22 new text begin health plans through the Minnesota Insurance Marketplace shall report in writing to the new text end 9.23 new text begin board and the commissioner of commerce the compensation and other incentives it offers new text end 9.24 new text begin or provides to insurance producers with regard to each type of health plan the health carrier new text end 9.25 new text begin offers or sells both inside and outside of the Minnesota Insurance Marketplace. Each new text end 9.26 new text begin health carrier shall submit a report annually and upon any change to the compensation or new text end 9.27 new text begin other incentives offered or provided to insurance producers. new text end 9.28     new text begin (h) Nothing in this subdivision shall be construed to limit the licensure requirements new text end 9.29 new text begin or regulatory functions of the commissioner of commerce under chapter 60K. new text end 9.30     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 9.31 new text begin policies and procedures for the ongoing operation of a navigator program, in-person new text end 9.32 new text begin assister program, call center, and customer service provisions for the Minnesota Insurance new text end 9.33 new text begin Marketplace to be implemented beginning January 1, 2015. new text end 9.34 new text begin (b) Until the implementation of the policies and procedures described in paragraph new text end 9.35 new text begin (a), the following shall be in effect: new text end 9.36 new text begin (1) the navigator program shall be met by section 256.962; new text end 10.1 new text begin (2) entities eligible to be navigators may serve as in-person assisters; new text end 10.2 new text begin (3) the commissioner of management and budget shall establish requirements and new text end 10.3 new text begin compensation for the navigator program and the in-person assister program within 30 days new text end 10.4 new text begin of enactment. Compensation for navigators and in-person assisters must take into account new text end 10.5 new text begin any other compensation received by the navigator or in-person assister for conducting new text end 10.6 new text begin the same or similar services; and new text end 10.7 new text begin (4) call center operations shall utilize existing state resources and personnel, new text end 10.8 new text begin including referrals to counties for medical assistance. new text end 10.9 new text begin (c) The commissioner of management and budget shall establish a toll-free number new text end 10.10 new text begin for the Minnesota Insurance Marketplace and may hire and contract for additional new text end 10.11 new text begin resources as deemed necessary. new text end 10.12     new text begin (d) The navigator program and in-person assister program must meet the new text end 10.13 new text begin requirements of section 1311(i) of the Affordable Care Act (Public Law 111-148). In new text end 10.14 new text begin establishing training standards for the navigators and in-person assisters, the board must new text end 10.15 new text begin ensure that all entities and individuals carrying out navigator and in-person assister new text end 10.16 new text begin functions have training in the needs of underserved and vulnerable populations; eligibility new text end 10.17 new text begin and enrollment rules and procedures; the range of available public health care programs new text end 10.18 new text begin and qualified health plan options offered through the Minnesota Insurance Marketplace; new text end 10.19 new text begin and privacy and security standards. For calendar year 2014, the commissioner of new text end 10.20 new text begin human services shall ensure that the navigator program under section 256.962 provides new text end 10.21 new text begin application assistance for both qualified health plans offered through the Minnesota new text end 10.22 new text begin Insurance Marketplace and public health care programs. new text end 10.23 new text begin (e) The board must ensure that any information provided by navigators, in-person new text end 10.24 new text begin assisters, the call center, or other customer assistance portals be accessible to persons new text end 10.25 new text begin with disabilities and that information provided on public health care programs include new text end 10.26 new text begin information on other coverage options available to persons with disabilities. new text end 10.27     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 10.28 new text begin Beginning January 1, 2015, the board may establish minimum certification requirements new text end 10.29 new text begin for health carriers and health plans to be offered through the Minnesota Insurance new text end 10.30 new text begin Marketplace that satisfy the federal requirements under section 1311(c)(1) of the new text end 10.31 new text begin Affordable Care Act (Public Law 111-148). new text end 10.32     new text begin (b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory new text end 10.33 new text begin requirements that: new text end 10.34     new text begin (1) apply uniformly to all health carriers and health plans in the individual market; new text end 10.35     new text begin (2) apply uniformly to all health carriers and health plans in the small group market; new text end 10.36 new text begin and new text end 11.1     new text begin (3) satisfy minimum federal certification requirements under section 1311(c)(1) of new text end 11.2 new text begin the Affordable Care Act (Public Law 111-148). new text end 11.3     new text begin (c) In accordance with section 1311(e) of the Affordable Care Act (Public Law new text end 11.4 new text begin 111-148), the board shall establish certification procedures for selection of qualified health new text end 11.5 new text begin plans to be offered through the Minnesota Insurance Marketplace. The board shall certify new text end 11.6 new text begin a health plan as a qualified health plan, if: new text end 11.7     new text begin (1) the health plan meets the minimum certification requirements established in new text end 11.8 new text begin paragraph (a) or the market regulatory requirements described in paragraph (b); and new text end 11.9     new text begin (2) the board determines that making the health plan available through the Minnesota new text end 11.10 new text begin Insurance Marketplace is in the interests of qualified individuals and qualified employers new text end 11.11 new text begin using the Minnesota Insurance Marketplace. new text end 11.12     new text begin (d) In determining the interests of qualified individuals and employers under new text end 11.13 new text begin paragraph (c), clause (2), the board may consider affordability; quality and value of the new text end 11.14 new text begin health plans; promotion of initiatives to reduce health disparities; market stability; and new text end 11.15 new text begin meaningful choice and access. The board may not exclude a health plan for any reason new text end 11.16 new text begin specified under section 1311(e)(1)(B) of the Affordable Care Act (Public Law 111-148). new text end 11.17     new text begin (e) For qualified health plans offered through the Minnesota Insurance Marketplace, new text end 11.18 new text begin effective January 1, 2014, the board shall determine whether a health plan satisfies new text end 11.19 new text begin paragraph (c), clause (2), by considering a combination of the following criteria: new text end 11.20     new text begin (1) reasonableness of expected costs supporting the health plan's premiums and new text end 11.21 new text begin cost-sharing structure; new text end 11.22     new text begin (2) quality and sufficiency of the health plan's provider networks; new text end 11.23     new text begin (3) quality improvement activities; new text end 11.24     new text begin (4) quality initiatives related to cultural and linguistic competency; new text end 11.25     new text begin (5) promotion of initiatives for improving health, disease prevention, and wellness; new text end 11.26 new text begin and new text end 11.27     new text begin (6) providing a manageable number of choices to consumers that present clear new text end 11.28 new text begin product differentiation. new text end 11.29     new text begin (f) For qualified health plans offered through the Minnesota Insurance Marketplace, new text end 11.30 new text begin on or after January 1, 2015, the board shall establish the criteria for satisfying paragraph new text end 11.31 new text begin (c), clause (2), by February 1 of each year, beginning February 1, 2014. The criteria new text end 11.32 new text begin must include the measures to be used by the board to determine whether the criteria have new text end 11.33 new text begin been met. The board may use the rulemaking process described in subdivision 9 for new text end 11.34 new text begin selection criteria. new text end 11.35     new text begin (g) For qualified health plans offered through the Minnesota Insurance Marketplace new text end 11.36 new text begin beginning January 1, 2015, health carriers must use the most current addendum for Indian new text end 12.1 new text begin health care providers approved by Centers for Medicare and Medicaid Services and the new text end 12.2 new text begin tribes as part of their contracts with Indian health care providers. new text end 12.3     new text begin Subd. 6. new text end new text begin Appeals process; eligibility determinations. new text end new text begin (a) The board shall new text end 12.4 new text begin establish a process for appeal of individual or employer eligibility determinations or new text end 12.5 new text begin redeterminations of the Minnesota Insurance Marketplace. The process must provide for a new text end 12.6 new text begin reasonable opportunity to be heard and timely resolution of the appeal, consistent with the new text end 12.7 new text begin requirements of federal law and regulations. The process must be substantially similar new text end 12.8 new text begin to the hearing process under section 256.045 and include judicial review in the manner new text end 12.9 new text begin specified under section 256.045, subdivisions 7 to 9. new text end 12.10 new text begin (b) The Minnesota Insurance Marketplace may establish service-level agreements new text end 12.11 new text begin with state agencies to conduct hearings for appeals. Notwithstanding section 471.59, new text end 12.12 new text begin subdivision 1, a state agency is authorized to enter into service-level agreements for this new text end 12.13 new text begin purpose with the Minnesota Insurance Marketplace. new text end 12.14 new text begin (c) For proceedings under this subdivision and subdivision 7, the Minnesota new text end 12.15 new text begin Insurance Marketplace may be represented by an attorney who is an employee of the new text end 12.16 new text begin Minnesota Insurance Marketplace. new text end 12.17 new text begin (d) This subdivision does not apply to appeals of determinations where a state new text end 12.18 new text begin agency hearing is available under section 256.045. new text end 12.19     new text begin Subd. 7. new text end new text begin Contested case proceeding; health carrier determinations. new text end new text begin A health new text end 12.20 new text begin carrier that is aggrieved by a decision of the board regarding its compliance with new text end 12.21 new text begin certification requirements or participation in the Minnesota Insurance Marketplace under new text end 12.22 new text begin subdivision 5 is entitled to a contested case proceeding under chapter 14. The report or new text end 12.23 new text begin order of the administrative law judge constitutes the final decision in the case, subject to new text end 12.24 new text begin judicial review under sections 14.63 to 14.69. new text end 12.25     new text begin Subd. 8. new text end new text begin Agreements; consultation. new text end new text begin (a) The board shall: new text end 12.26 new text begin (1) establish and maintain an agreement with the chief information officer of new text end 12.27 new text begin the Office of Enterprise Technology for information technology services that ensures new text end 12.28 new text begin coordination with public health care programs. The board may establish and maintain new text end 12.29 new text begin agreements with the chief information officer of the Office of Enterprise Technology for new text end 12.30 new text begin other information technology services, including an agreement that would permit the new text end 12.31 new text begin Minnesota Insurance Marketplace to administer eligibility for additional health care and new text end 12.32 new text begin public assistance programs under the authority of the commissioner of human services; new text end 12.33 new text begin (2) establish and maintain an agreement with the commissioner of human services new text end 12.34 new text begin for cost allocation and services regarding eligibility determinations and enrollment for new text end 12.35 new text begin public health care programs that use a modified adjusted gross income standard to new text end 13.1 new text begin determine program eligibility. The board may establish and maintain an agreement with new text end 13.2 new text begin the commissioner of human services for other services; and new text end 13.3 new text begin (3) establish and maintain an agreement with the commissioners of commerce new text end 13.4 new text begin and health for services regarding enforcement of Minnesota Insurance Marketplace new text end 13.5 new text begin certification requirements for health plans and dental plans offered through the Minnesota new text end 13.6 new text begin Insurance Marketplace. The board may establish and maintain agreements with the new text end 13.7 new text begin commissioners of commerce and health for other services. new text end 13.8 new text begin (b) The board shall consult with the commissioners of commerce and health new text end 13.9 new text begin regarding the operations of the Minnesota Insurance Marketplace. new text end 13.10 new text begin (c) The board shall consult with Indian tribes and organizations regarding the new text end 13.11 new text begin operation of the Minnesota Insurance Marketplace. new text end 13.12 new text begin (d) Beginning March 15, 2014, and each March 15 thereafter, the board shall submit new text end 13.13 new text begin a report to the chairs and ranking minority members of the committees in the senate and new text end 13.14 new text begin house of representatives with primary jurisdiction over commerce, health, and human new text end 13.15 new text begin services on all the agreements entered into with the chief information officer of the Office new text end 13.16 new text begin of Enterprise Technology, or the commissioners of human services, health, or commerce new text end 13.17 new text begin in accordance with this subdivision. The report shall include the agency in which the new text end 13.18 new text begin agreement is with; the time period of the agreement; the purpose of the agreement; and new text end 13.19 new text begin a summary of the terms of the agreement. A copy of the agreement must be submitted new text end 13.20 new text begin to the extent practicable. new text end 13.21     new text begin Subd. 9. new text end new text begin Rulemaking in the first year. new text end new text begin (a) Effective upon enactment until January new text end 13.22 new text begin 1, 2014, the Minnesota Insurance Marketplace may adopt rules to implement any new text end 13.23 new text begin provisions of this chapter following the process in this subdivision. new text end 13.24 new text begin (b) Before publication of the final rule in the State Register, the agency must submit new text end 13.25 new text begin the rule to an administrative law judge in the Office of Administrative Hearings. The new text end 13.26 new text begin administrative law judge shall within ten days approve or disapprove the rule as to its new text end 13.27 new text begin legality and its form, to the extent the form relates to legality. new text end 13.28 new text begin (c) The Minnesota Insurance Marketplace shall publish proposed rules in the State new text end 13.29 new text begin Register. new text end 13.30 new text begin (d) Interested parties have 21 days after publication to comment on the proposed new text end 13.31 new text begin rules. After the Minnesota Insurance Marketplace has considered all comments, the new text end 13.32 new text begin Minnesota Insurance Marketplace shall publish notice in the State Register that the rules new text end 13.33 new text begin have been adopted and the rules shall take effect on publication. new text end 13.34 new text begin (e) If the adopted rules are the same as the proposed rules, the notice shall state that new text end 13.35 new text begin the rules have been adopted as proposed and shall cite the prior publication. If the adopted new text end 13.36 new text begin rules differ from the proposed rules, the portions of the adopted rules that differ from the new text end 14.1 new text begin proposed rules shall be included in the notice of adoption, together with a citation to the new text end 14.2 new text begin prior State Register that contained the notice of the proposed rules. new text end 14.3 new text begin (f) The Minnesota Insurance Marketplace shall seek comments from the Department new text end 14.4 new text begin of Administration, Information Policy Analysis Division, before adopting any final rules new text end 14.5 new text begin involving the sharing, use, or disclosure of not public data. new text end 14.6 new text begin (g) By January 15, 2014, the board shall submit a report to the chairs and ranking new text end 14.7 new text begin minority members of the committees in the senate and the house of representatives new text end 14.8 new text begin with primary jurisdiction over commerce and health, that lists and describes all rules new text end 14.9 new text begin promulgated under this subdivision. new text end 14.10     new text begin (h) If the rulemaking process described in this subdivision is not used, the board new text end 14.11 new text begin must comply with the standard rulemaking process in chapter 14. new text end 14.12     new text begin Subd. 10. new text end new text begin Rulemaking after the first year. new text end new text begin Beginning January 1, 2014, the new text end 14.13 new text begin board may adopt rules to implement any provisions in this chapter using the expedited new text end 14.14 new text begin rulemaking process in section 14.389. If the expedited rulemaking process is not used, the new text end 14.15 new text begin board must comply with the standard rulemaking process in chapter 14. new text end 14.16     new text begin Subd. 11. 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 14.17 new text begin shall apply to dental plans offered as stand-alone dental plans through the Minnesota new text end 14.18 new text begin Insurance Marketplace, to the extent practicable. new text end 14.19     new text begin (b) A stand-alone dental plan offered through the Minnesota Insurance Marketplace new text end 14.20 new text begin must meet all certification requirements under section 1311(c)(1) of the Affordable Care new text end 14.21 new text begin Act (Public Law 111-148) that are applicable to health plans, except for certification new text end 14.22 new text begin requirements that cannot be met because the dental plan only covers dental benefits. new text end 14.23     new text begin Subd. 12. 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 14.24 new text begin enter into any agreement with health care providers to pay claims. new text end 14.25 new text begin (b) Nothing in this subdivision shall prevent the Minnesota Insurance Marketplace new text end 14.26 new text begin from providing insurance for its employees. new text end 14.27    Sec. 10. new text begin [62V.06] DATA. new text end 14.28 new text begin (a) The definitions in section 13.02 apply to this section. new text end 14.29 new text begin (b) Government data of the Minnesota Insurance Marketplace on individuals, new text end 14.30 new text begin employees of employers, and employers using the Minnesota Insurance Marketplace are new text end 14.31 new text begin private data on individuals or nonpublic data. The Minnesota Insurance Marketplace new text end 14.32 new text begin may share not public data with state and federal agencies and other entities if the board new text end 14.33 new text begin determines that the exchange of the data is necessary to carry out the functions of the new text end 14.34 new text begin Minnesota Insurance Marketplace. State agencies shall share not public data with the new text end 14.35 new text begin Minnesota Insurance Marketplace if the board determines that the exchange of the new text end 15.1 new text begin data is reasonably necessary to carry out the functions of the Minnesota Insurance new text end 15.2 new text begin Marketplace. Data-sharing agreements must include adequate protections with respect to new text end 15.3 new text begin the confidentiality and integrity of the data to be shared and comply with applicable law. new text end 15.4 new text begin Notwithstanding the provisions governing summary data in sections 13.02, subdivision new text end 15.5 new text begin 19, and 13.05, subdivision 7, the Minnesota Insurance Marketplace may derive summary new text end 15.6 new text begin data from nonpublic data under this section. No personal medical data can be shared new text end 15.7 new text begin under this section. new text end 15.8 new text begin (c) If a conflict exists between federal data practices law and the law of this state, new text end 15.9 new text begin Minnesota law controls to the extent it is more protective of the rights and privacy of new text end 15.10 new text begin data subjects. new text end 15.11 new text begin (d) The Minnesota Insurance Marketplace shall prepare a list of persons with new text end 15.12 new text begin whom it has entered into data-sharing agreements under this section and a description new text end 15.13 new text begin of all databases in which data that are private or nonpublic may be maintained. A new text end 15.14 new text begin printable version of the list and descriptions must be available on the Minnesota Insurance new text end 15.15 new text begin Marketplace Web site. new text end 15.16 new text begin (e) If the board determines that an individual has willfully collected, altered, new text end 15.17 new text begin accessed, acquired, received, maintained, shared, or disseminated data in violation of this new text end 15.18 new text begin section or chapter 13, the board shall immediately and permanently revoke the authority new text end 15.19 new text begin of the individual to have access to data that are not public data. If the board determines new text end 15.20 new text begin that the individual willfully accessed or acquired data without explicit authorization from new text end 15.21 new text begin the board, the board shall forward the matter to the appropriate prosecutorial authority. new text end 15.22    Sec. 11. new text begin [62V.07] FUNDS. new text end 15.23     new text begin The Minnesota Insurance Marketplace account is created in the special revenue fund new text end 15.24 new text begin of the state treasury. All funds received by the Minnesota Insurance Marketplace shall new text end 15.25 new text begin be deposited in the account. Funds in the account are appropriated to the Minnesota new text end 15.26 new text begin Insurance Marketplace for the operation of the Minnesota Insurance Marketplace. new text end 15.27    Sec. 12. new text begin [62V.08] REPORT. new text end 15.28 new text begin The Minnesota Insurance Marketplace shall submit a report to the legislature by new text end 15.29 new text begin January 15, 2015, and each January 15 thereafter, on: (1) the performance of Minnesota new text end 15.30 new text begin Insurance Marketplace operations; (2) meeting the Minnesota Insurance Marketplace new text end 15.31 new text begin responsibilities; (3) an accounting of the Minnesota Insurance Marketplace budget new text end 15.32 new text begin activities; and (4) practices and procedures that have been implemented to ensure new text end 15.33 new text begin compliance with data practices laws; the security of private and nonpublic data and the new text end 15.34 new text begin prevention of unauthorized acquisition of or access to the data; changes in data practices new text end 16.1 new text begin or classifications required by federal law; and a description of any violations of data new text end 16.2 new text begin practices laws or procedures. new text end 16.3    Sec. 13. new text begin [62V.09] EXPIRATION AND SUNSET EXCLUSION. new text end 16.4 new text begin Notwithstanding section 15.059, the board and its advisory committees shall not new text end 16.5 new text begin expire, except as specified in section 62V.04, subdivision 13. The board and its advisory new text end 16.6 new text begin committees are not subject to review or sunsetting under chapter 3D. new text end 16.7    Sec. 14. new text begin [62V.10] LEGISLATIVE OVERSIGHT COMMITTEE. new text end 16.8     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 16.9 new text begin established to provide oversight to the implementation of this chapter and the operation new text end 16.10 new text begin of the Minnesota Insurance Marketplace. new text end 16.11 new text begin (b) The committee shall review the operations of the Minnesota Insurance new text end 16.12 new text begin Marketplace at least annually and shall recommend necessary changes in policy, new text end 16.13 new text begin implementation, and statutes to the board and to the legislature. new text end 16.14 new text begin (c) The Minnesota Insurance Marketplace shall present to the committee the annual new text end 16.15 new text begin report required in section 62V.08, as well as the reports on rules required in section new text end 16.16 new text begin 62V.05, subdivision 9, the appeals process under section 62V.05, subdivision 6, and the new text end 16.17 new text begin actions taken regarding the treatment of multiemployer plans. new text end 16.18     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 16.19 new text begin Committee shall consist of five members of the senate, three members appointed by new text end 16.20 new text begin the majority leader of the senate, and two members appointed by the minority leader of new text end 16.21 new text begin the senate; and five members of the house of representatives, three members appointed new text end 16.22 new text begin by the speaker of the house, and two members appointed by the minority leader of the new text end 16.23 new text begin house of representatives. new text end 16.24 new text begin (b) Appointed legislative members serve at the pleasure of the appointing authority new text end 16.25 new text begin and shall continue to serve until their successors are appointed. new text end 16.26 new text begin (c) The first meeting of the committee shall be convened by the chair of the new text end 16.27 new text begin Legislative Coordinating Commission. Members shall elect a chair at the first meeting. new text end 16.28 new text begin The chair must convene at least one meeting annually, and may convene other meetings as new text end 16.29 new text begin deemed necessary. new text end 16.30 new text begin (d) The members shall serve without compensation. new text end 16.31     new text begin Subd. 3. new text end new text begin Review of costs. new text end new text begin The board shall submit for review the estimated costs new text end 16.32 new text begin necessary to fund the operations of the Minnesota Insurance Marketplace as certified under new text end 16.33 new text begin section 16A.725, subdivision 2a, to the committee at the same time as the certification is new text end 16.34 new text begin provided to the commissioner of management and budget. new text end 17.1    Sec. 15. new text begin TRANSITION OF AUTHORITY. new text end 17.2 new text begin (a) Upon the effective date of this act, the commissioner of management and budget new text end 17.3 new text begin shall exercise all authorities and responsibilities under Minnesota Statutes, sections 62V.03 new text end 17.4 new text begin and 62V.05 until the board has satisfied the requirements of Minnesota Statutes, section new text end 17.5 new text begin 62V.05, subdivision 1, paragraph (c). In exercising these authorities and responsibilities of new text end 17.6 new text begin the board, the commissioner of management and budget shall be subject to or exempted new text end 17.7 new text begin from the same statutory provisions as the board, as identified in Minnesota Statutes, new text end 17.8 new text begin section 62V.03, subdivision 2. new text end 17.9 new text begin (b) Upon the establishment of bylaws, policies, and procedures governing the new text end 17.10 new text begin operations of the Minnesota Insurance Marketplace by the board as required under new text end 17.11 new text begin Minnesota Statutes, section 62V.05, subdivision 1, paragraph (c), all personnel, assets, new text end 17.12 new text begin contracts, obligations, and funds managed by the commissioner of management and new text end 17.13 new text begin budget for the design and development of the Minnesota Insurance Marketplace shall be new text end 17.14 new text begin transferred to the board. Existing personnel managed by the commissioner of management new text end 17.15 new text begin and budget for the design and development of the Minnesota Insurance Marketplace shall new text end 17.16 new text begin staff the board upon enactment. new text end 17.17    Sec. 16. new text begin MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION new text end 17.18 new text begin TERMINATION. new text end 17.19 new text begin The commissioner of commerce, in consultation with the board of directors of new text end 17.20 new text begin the Minnesota Comprehensive Health Association, has the authority to develop and new text end 17.21 new text begin implement the phase-out and eventual termination of coverage provided by the Minnesota new text end 17.22 new text begin Comprehensive Health Association under Minnesota Statutes, chapter 62E. The phase-out new text end 17.23 new text begin of coverage shall begin no sooner than January 1, 2014, or upon the effective date of the new text end 17.24 new text begin operation of the Minnesota Insurance Marketplace and the ability to purchase qualified new text end 17.25 new text begin health plans through the Minnesota Insurance Marketplace, whichever is later, and shall, new text end 17.26 new text begin to the extent practicable, ensure the least amount of disruption to the enrollees' health care new text end 17.27 new text begin coverage. The member assessments established under Minnesota Statutes, section 62E.11, new text end 17.28 new text begin shall take into consideration any phase-out of coverage implemented under this section. new text end 17.29    Sec. 17. new text begin REPORT ON APPEALS PROCESS. new text end 17.30 new text begin By February 1, 2014, and February 1, 2015, the board of directors of the Minnesota new text end 17.31 new text begin Insurance Marketplace shall submit a report to the chairs and ranking minority members new text end 17.32 new text begin of the committees in the senate and house of representatives with primary jurisdiction over new text end 17.33 new text begin commerce, health, and civil law on the appeals process for eligibility determinations new text end 17.34 new text begin established under Minnesota Statutes, section 62V.05, subdivision 6. new text end 18.1    Sec. 18. new text begin CONTINGENT TREATMENT OF MULTIEMPLOYER PLANS. new text end 18.2     new text begin On or after the date that final federal regulations are adopted regarding the treatment new text end 18.3 new text begin of multiemployer plans, the Minnesota Insurance Marketplace shall take such actions as new text end 18.4 new text begin are necessary, in consultation with the commissioner of commerce and in accordance with new text end 18.5 new text begin final federal regulations, to: (1) ensure that all multiemployer plans are notified of the new text end 18.6 new text begin final federal rules; (2) conform all policies and procedures of the Minnesota Insurance new text end 18.7 new text begin Marketplace with applicable federal rules related to multiemployer plans; and (3) permit new text end 18.8 new text begin multiemployer plans to be integrated in the Minnesota Insurance Marketplace to the new text end 18.9 new text begin maximum extent permitted by federal rules. The Minnesota Insurance Marketplace shall new text end 18.10 new text begin submit written notification to the legislature regarding its compliance with this section. new text end 18.11    Sec. 19. new text begin REPEALER. new text end 18.12 new text begin Minnesota Statutes 2012, section 256.9658, subdivision 1, new text end new text begin is repealed. new text end 18.13    Sec. 20. new text begin EFFECTIVE DATE. new text end 18.14 new text begin Sections 1 to 18 are effective the day following final enactment. Any actions taken new text end 18.15 new text begin by any state agencies in furtherance of the design, development, and implementation new text end 18.16 new text begin of the Minnesota Insurance Marketplace prior to the effective date shall be considered new text end 18.17 new text begin actions taken by the Minnesota Insurance Marketplace and shall be governed by the new text end 18.18 new text begin provisions of this chapter and state law. Health plan and dental plan coverage through the new text end 18.19 new text begin Minnesota Insurance Marketplace is effective January 1, 2014. new text end