HF 3139

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/07/2025 03:07 p.m.

A bill for an act
relating to health; establishing a MinnesotaCare Plan; requiring the commissioner
of commerce to seek a section 1332 waiver; requiring the commissioner of human
services to request to suspend the MinnesotaCare program; amending Minnesota
Statutes 2024, sections 62V.02, by adding a subdivision; 62V.03, subdivisions 1,
3; 62V.05, subdivisions 3, 6, by adding a subdivision; 62V.051; 62V.13, subdivision
3; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

Section 1.

new text begin [62A.652] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 62A.652 to 62A.656, the terms
defined in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 3. new text end

new text begin Health carrier. new text end

new text begin "Health carrier" has the meaning given in section 62A.011,
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Income. new text end

new text begin "Income" has the meaning given for modified adjusted gross income,
as defined in Code of Federal Regulations, title 26, section 1.36B-1, and means a household's
projected annual income for the applicable tax year.
new text end

new text begin Subd. 5. new text end

new text begin Individual health plan. new text end

new text begin "Individual health plan" has the meaning given in
section 62A.011, subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin MNsure. new text end

new text begin "MNsure" has the meaning given in section 62V.02, subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Qualified health plan. new text end

new text begin "Qualified health plan" means a health plan that meets
the definition in section 1301(a) of the Affordable Care Act, Public Law 111-148, and has
been certified by the MNsure board in accordance with section 62V.05, subdivision 5, to
be offered through MNsure.
new text end

Sec. 2.

new text begin [62A.653] MINNESOTACARE PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner, in consultation with the commissioners
of health and human services, must establish the standards for a MinnesotaCare Plan in
accordance with sections 62A.652 to 62A.656 and in a manner that allows a MinnesotaCare
Plan to be certified as a qualified health plan.
new text end

new text begin Subd. 2. new text end

new text begin Issuance of policies required. new text end

new text begin (a) A health carrier must offer a MinnesotaCare
Plan in every county in which the health carrier offers a qualified health plan in the individual
market.
new text end

new text begin (b) A MinnesotaCare Plan must be:
new text end

new text begin (1) clearly labeled as a MinnesotaCare Plan;
new text end

new text begin (2) marketed by a health carrier in the same manner as other qualified health plans offered
by the carrier; and
new text end

new text begin (3) offered for purchase to any eligible individual under section 62A.655 who resides
in the applicable county.
new text end

Sec. 3.

new text begin [62A.654] MINNESOTACARE PLAN STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Covered benefits. new text end

new text begin At a minimum, a MinnesotaCare Plan must include
all health services reimbursed under section 256L.03.
new text end

new text begin Subd. 2. new text end

new text begin Cost-sharing. new text end

new text begin (a) A health carrier or county-based purchasing plan offering a
MinnesotaCare Plan must adjust co-payments, coinsurance, and deductibles for covered
services in a manner that maintains an actuarial value of 94 percent.
new text end

new text begin (b) Co-payments, cost-sharing, coinsurance, and deductibles under a MinnesotaCare
Plan do not apply to:
new text end

new text begin (1) children under the age of 21; and
new text end

new text begin (2) American Indians, as defined in Code of Federal Regulations, title 42, section 600.5.
new text end

new text begin Subd. 3. new text end

new text begin Premiums. new text end

new text begin (a) Except as provided in paragraphs (c) to (e), a MinnesotaCare
Plan enrollee with a household income that is less than or equal to 200 percent of the federal
poverty guidelines must pay monthly premiums according to the following scale:
new text end

new text begin Federal Poverty Guideline Greater than or Equal to new text end	new text begin Less than new text end	new text begin Individual Premium Amount new text end
new text begin 35% new text end	new text begin 55% new text end	new text begin $4 new text end
new text begin 55% new text end	new text begin 80% new text end	new text begin $6 new text end
new text begin 80% new text end	new text begin 90% new text end	new text begin $8 new text end
new text begin 90% new text end	new text begin 100% new text end	new text begin $10 new text end
new text begin 100% new text end	new text begin 110% new text end	new text begin $12 new text end
new text begin 110% new text end	new text begin 120% new text end	new text begin $14 new text end
new text begin 120% new text end	new text begin 130% new text end	new text begin $15 new text end
new text begin 130% new text end	new text begin 140% new text end	new text begin $16 new text end
new text begin 140% new text end	new text begin 150% new text end	new text begin $25 new text end
new text begin 150% new text end	new text begin 160% new text end	new text begin $37 new text end
new text begin 160% new text end	new text begin 170% new text end	new text begin $44 new text end
new text begin 170% new text end	new text begin 180% new text end	new text begin $52 new text end
new text begin 180% new text end	new text begin 190% new text end	new text begin $61 new text end
new text begin 190% new text end	new text begin 200% new text end	new text begin $71 new text end
new text begin 200% new text end		new text begin $80 new text end

new text begin (b) Except as provided in paragraphs (c) to (e), a MinnesotaCare Plan enrollee with a
household income that is greater than 200 percent of the federal poverty guidelines and less
than or equal to 250 percent of the federal poverty guidelines must pay monthly premiums
in the same manner as the enrollee would under United States Code, title 26, section
36B(b)(3)(A)(i) and (ii).
new text end

new text begin (c) The following individuals are not required to pay premiums under a MinnesotaCare
Plan:
new text end

new text begin (1) children under the age of 21; and
new text end

new text begin (2) an individual with a household income that is below 35 percent of the federal poverty
guidelines.
new text end

new text begin (d) The commissioner must pay premiums for a member of the military and members
of the military member's family who meet the eligibility criteria for a MinnesotaCare Plan
upon eligibility approval made within 24 months following the end of the member's tour
of active duty. The effective date of coverage for an individual or family who meets the
criteria under this paragraph is the first day of the month following the month in which
eligibility is approved. The exemption under this paragraph applies for 12 months.
new text end

new text begin (e) The commissioner must waive premiums for an American Indian and members of
the American Indian's family who enroll in a MinnesotaCare Plan in accordance with section
5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. An
individual must indicate status as an American Indian, as defined under Code of Federal
Regulations, title 42, section 447.50, to qualify for a premium waiver. The commissioner
must accept attestation of an individual's status as an American Indian as verification until
the United States Department of Health and Human Services approves an electronic data
source to verify individual status.
new text end

new text begin Subd. 4. new text end

new text begin Application process and eligibility determination. new text end

new text begin An individual must apply
for coverage in a MinnesotaCare Plan through MNsure. The Board of Directors of MNsure
must process MinnesotaCare Plan applications and determine eligibility as provided under
section 62V.05, subdivision 5a.
new text end

Sec. 4.

new text begin [62A.655] ELIGIBILITY FOR A MINNESOTACARE PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin An individual must meet the requirements of
this section to enroll in a MinnesotaCare Plan.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota residency. new text end

new text begin To be eligible, an individual must meet the residency
requirements in section 256L.09.
new text end

new text begin Subd. 3. new text end

new text begin Not eligible for other minimum essential coverage. new text end

new text begin (a) To be eligible, an
individual must not have access to the following health insurance coverage:
new text end

new text begin (1) employer-sponsored coverage that is "affordable" and provides "minimum value,"
as defined in Code of Federal Regulations, title 26, section 1.36B-2; or
new text end

new text begin (2) any other minimum essential coverage, as defined in section 5000A of the Internal
Revenue Code.
new text end

new text begin (b) For purposes of this subdivision, an applicant or enrollee who is entitled to Medicare
Part A or enrolled in Medicare Part B coverage under title XVII of the Social Security Act,
United States Code, title 42, sections 1395c to 1395w-152, has access to minimum essential
coverage. An applicant or enrollee who is entitled to premium-free Medicare Part A is
prohibited from refusing to apply for or enroll in Medicare coverage to establish eligibility
for a MinnesotaCare Plan.
new text end

new text begin (c) Notwithstanding paragraph (a), an eligible individual includes an individual who is
ineligible for medical assistance, other than emergency medical assistance under section
256B.06, subdivision 4, due to immigration status.
new text end

new text begin Subd. 4. new text end

new text begin Citizenship requirements. new text end

new text begin To be eligible, an individual must be a citizen or
national of the United States or a lawfully present noncitizen, as defined in Code of Federal
Regulations, title 45, section 155.20.
new text end

Sec. 5.

new text begin [62A.656] PAYMENTS TO HEALTH CARRIERS AND COUNTY-BASED
PURCHASING PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Eligible enrollee" means an individual who (1) is enrolled in a MinnesotaCare Plan,
(2) has a household income that is less than or equal to 250 percent of the federal poverty
guidelines, and (3) is required to pay a monthly premium under section 62A.654, subdivision
3, paragraph (a) or (b).
new text end

new text begin (c) "Premium-exempt enrollee" means an individual who is enrolled in a MinnesotaCare
Plan and is not required to pay a monthly premium.
new text end

new text begin (d) "Gross premium" means the amount billed to an eligible enrollee or premium-exempt
enrollee if the enrollee's premium was not capped, exempted, or waived under section
62A.654, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Payments. new text end

new text begin (a) The commissioner must make payments to health carriers and
county-based purchasing plans on behalf of:
new text end

new text begin (1) an eligible enrollee for the months in a calendar year for which the enrollee paid the
required premium amount under section 62A.654, subdivision 3, paragraph (a) or (b), as
applicable; and
new text end

new text begin (2) a premium-exempt enrollee for the months in a calendar year in which the enrollee
received coverage under a MinnesotaCare Plan.
new text end

new text begin (b) A payment under this subdivision on behalf of an eligible enrollee must be equal to
the enrollee's monthly gross premium, less the enrollee's monthly premium payment. A
payment under this subdivision on behalf of a premium-exempt enrollee must be equal to
the enrollee's monthly gross premium. A payment made under this subdivision:
new text end

new text begin (1) is to promote the general welfare and is not compensation for any services; and
new text end

new text begin (2) must be excluded from any calculation used to determine eligibility for programs
administered by the Department of Human Services or the Department of Children, Youth,
and Families.
new text end

new text begin (c) To be eligible to receive a payment under this section, a health carrier and
county-based purchasing plan must submit to the commissioner an invoice and other
information required by the commissioner in the form and manner specified by the
commissioner.
new text end

new text begin (d) The commissioner must consider health carriers and county-based purchasing plans
as vendors under section 16A.124, subdivision 3. Each invoice submitted under this section
represents the completed delivery of the service.
new text end

new text begin Subd. 3. new text end

new text begin Data practices. new text end

new text begin (a) The definitions in section 13.02 apply to this subdivision.
new text end

new text begin (b) Government data on an enrollee, health carrier, or county-based purchasing plan
under this section are private data on individuals or nonpublic data, except that the total
reimbursement requested by a health carrier and county-based purchasing plan and the total
state payment to the health carrier and county-based purchasing plan are public data.
new text end

Sec. 6.

Minnesota Statutes 2024, section 62V.02, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin MinnesotaCare Plan. new text end

new text begin "MinnesotaCare Plan" means a health plan offered in
the individual market by a health carrier or county-based purchasing plan that meets the
standards established by the commissioner of commerce under sections 62A.652 to 62A.656.
new text end

Sec. 7.

Minnesota Statutes 2024, section 62V.03, subdivision 1, is amended to read:

Subdivision 1.

Creation.

MNsure is created as a board under section 15.012, paragraph
(a), to:

(1) promote informed consumer choice, innovation, competition, quality, value, market
participation, affordability, suitable and meaningful choices, health improvement, care
management, reduction of health disparities, and portability of health plans;

(2) facilitate and simplify the comparison, choice, enrollment, and purchase of health
plans for individuals purchasing in the individual market through MNsure and for employees
and employers purchasing in the small group market through MNsure;

(3) assist small employers with access to small business health insurance tax credits and
to assist individuals with access to public health care programs, premium assistance tax
credits and cost-sharing reductions, and certificates of exemption from individual
responsibility requirements;

(4) facilitate the integration and transition of individuals between public health care
programs new text begin , MinnesotaCare Plans, new text end and new text begin other new text end health plans in the individual or group market
and develop processes that, to the maximum extent possible, provide for continuous coverage;
and

(5) establish and modify as necessary a name and brand for MNsure based on market
studies that show maximum effectiveness in attracting the uninsured and motivating them
to take action.

Sec. 8.

Minnesota Statutes 2024, section 62V.03, subdivision 3, is amended to read:

Subd. 3.

Continued operation of a private marketplace.

(a) Nothing in this chapter
shall be construed to prohibit: (1) a health carrier from offering outside of MNsure a health
plan to a qualified individual or qualified employer; and (2) a qualified individual from
enrolling in, or a qualified employer from selecting for its employees, a health plan offered
outside of MNsure.

(b) Nothing in this chapter shall be construed to restrict the choice of a qualified individual
to enroll or not enroll in a qualified health plan new text begin or a MinnesotaCare Plan, new text end or to participate
in MNsure. Nothing in this chapter shall be construed to compel an individual to enroll in
a qualified health plan new text begin or a MinnesotaCare Plan, new text end or to participate in MNsure.

(c) For purposes of this subdivision, "qualified individual" and "qualified employer"
have the meanings given in section 1312 of the Affordable Care Act, Public Law 111-148,
and further defined through amendments to the act and regulations issued under the act.

Sec. 9.

Minnesota Statutes 2024, section 62V.05, subdivision 3, is amended to read:

Subd. 3.

Insurance producers.

(a) deleted text begin By April 30, 2013, deleted text end The board, in consultation with
the commissioner of commerce, shall establish certification requirements that must be met
by insurance producers in order to assist individuals and small employers with purchasing
coverage through MNsure. deleted text begin Prior to January 1, 2015, the board may amend the requirements,
only if necessary, due to a change in federal rules.
deleted text end

(b) Certification requirements shall not exceed the requirements established under Code
of Federal Regulations, title 45, part 155.220. Certification shall include training on health
plans available through MNsure, available tax credits and cost-sharing arrangements,
compliance with privacy and security standards, eligibility verification processes, online
enrollment tools, and basic information on available public health care programs. Training
required for certification under this subdivision shall qualify for continuing education
requirements for insurance producers required under chapter 60K, and must comply with
course approval requirements under chapter 45.

(c) Producer compensation shall be established by health carriers that provide health
plans through MNsure. The structure of compensation to insurance producers must be similar
for health plans sold through MNsure and outside MNsure.

(d) Any insurance producer compensation structure established by a health carrier for
the small group market must include compensation for defined contribution plans that
involve multiple health carriers. The compensation offered must be commensurate with
other small group market defined health plans.

(e) Any insurance producer assisting an individual or small employer with purchasing
coverage through MNsure must disclose, orally and in writing, to the individual or small
employer at the time of the first solicitation with the prospective purchaser the following:

(1) the health carriers deleted text begin and deleted text end new text begin , new text end qualified health plans new text begin , and MinnesotaCare Plans new text end offered
through MNsure that the producer is authorized to sell, and that the producer may not be
authorized to sell all the qualified health plans new text begin or MinnesotaCare Plans new text end offered through
MNsure;

(2) that the producer may be receiving compensation from a health carrier for enrolling
the individual or small employer into a particular health plan; and

(3) that information on all qualified health plans new text begin and MinnesotaCare Plans new text end offered
through MNsure is available through the MNsure website.

For purposes of this paragraph, "solicitation" means any contact by a producer, or any person
acting on behalf of a producer made for the purpose of selling or attempting to sell coverage
through MNsure. If the first solicitation is made by telephone, the disclosures required under
this paragraph need not be made in writing, but the fact that disclosure has been made must
be acknowledged on the application.

(f) Beginning January 15, 2015, each health carrier that offers or sells qualified health
plans new text begin or MinnesotaCare Plans new text end through MNsure shall report in writing to the board and the
commissioner of commerce the compensation and other incentives it offers or provides to
insurance producers with regard to each type of health plan the health carrier offers or sells
both inside and outside of MNsure. Each health carrier shall submit a report annually and
upon any change to the compensation or other incentives offered or provided to insurance
producers.

(g) Nothing in this chapter shall prohibit an insurance producer from offering professional
advice and recommendations to a small group purchaser based upon information provided
to the producer.

(h) An insurance producer that offers health plans in the small group market shall notify
each small group purchaser of which group health plans qualify for Internal Revenue Service
approved section 125 tax benefits. The insurance producer shall also notify small group
purchasers of state law provisions that benefit small group plans when the employer agrees
to pay 50 percent or more of its employees' premium. Individuals who are eligible for
cost-effective medical assistance will count toward the 75 percent participation requirement
in section 62L.03, subdivision 3.

(i) Nothing in this subdivision shall be construed to limit the licensure requirements or
regulatory functions of the commissioner of commerce under chapter 60K.

Sec. 10.

Minnesota Statutes 2024, section 62V.05, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Administration of MinnesotaCare Plans. new text end

new text begin (a) An individual must be able to
apply for and, if eligible, enroll in a MinnesotaCare Plan by completing the application for
a qualified health plan with premium tax credits or cost-sharing reductions.
new text end

new text begin (b) MNsure must ensure that individuals interested in applying for a qualified health
plan or a MinnesotaCare Plan are able to compare coverage options in a simple, convenient,
and understandable manner on the MNsure website.
new text end

new text begin (c) MNsure must process MinnesotaCare Plan applications and make eligibility
determinations for MinnesotaCare Plans in accordance with section 62A.655.
new text end

new text begin (d) MNsure must identify MinnesotaCare Plan enrollees who are premium-exempt or
subject to the premium caps under section 62A.654, subdivision 3, and provide the
information to the health carrier offering the MinnesotaCare Plan in which the individual
enrolls. MNsure must identify MinnesotaCare enrollees who may be eligible for premium
tax credits or cost-sharing reductions and assist the enrollees with accessing the subsidies.
new text end

new text begin (e) MNsure may utilize existing resources, personnel, and operations to carry out the
duties under this subdivision.
new text end

Sec. 11.

Minnesota Statutes 2024, section 62V.05, subdivision 6, is amended to read:

Subd. 6.

Appeals.

(a) The board may conduct hearings, appoint hearing officers, and
recommend final orders related to appeals of any MNsure determinations, except for those
determinations identified in paragraph (d). An appeal by a health carrier regarding a specific
certification or selection determination made by MNsure under subdivision 5 must be
conducted as a contested case proceeding under chapter 14, with the report or order of the
administrative law judge constituting the final decision in the case, subject to judicial review
under sections 14.63 to 14.69. For other appeals, the board shall establish hearing processes
which provide for a reasonable opportunity to be heard and timely resolution of the appeal
and which are consistent with the requirements of federal law and guidance. An appealing
party may be represented by legal counsel at these hearings, but this is not a requirement.

(b) MNsure may establish service-level agreements with state agencies to conduct
hearings for appeals. Notwithstanding section 471.59, subdivision 1, a state agency is
authorized to enter into service-level agreements for this purpose with MNsure.

(c) For proceedings under this subdivision, MNsure may be represented by an attorney
who is an employee of MNsure.

(d) This subdivision does not apply to appeals of determinations where a state agency
hearing is available under section 256.045.

(e) An appellant aggrieved by an order of MNsure issued in an eligibility appeal, as
defined in Minnesota Rules, part 7700.0101, may appeal the order to the district court of
the appellant's county of residence by serving a written copy of a notice of appeal upon
MNsure and any other adverse party of record within 30 days after the date MNsure issued
the order, the amended order, or order affirming the original order, and by filing the original
notice and proof of service with the court administrator of the district court. Service may
be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
be required by the court administrator in appeals taken pursuant to this subdivision. MNsure
shall furnish all parties to the proceedings with a copy of the decision and a transcript of
any testimony, evidence, or other supporting papers from the hearing held before the appeals
examiner within 45 days after service of the notice of appeal.

(f) Any party aggrieved by the failure of an adverse party to obey an order issued by
MNsure may compel performance according to the order in the manner prescribed in sections
586.01 to 586.12.

(g) Any party may obtain a hearing at a special term of the district court by serving a
written notice of the time and place of the hearing at least ten days prior to the date of the
hearing. The court may consider the matter in or out of chambers, and shall take no new or
additional evidence unless it determines that such evidence is necessary for a more equitable
disposition of the appeal.

(h) Any party aggrieved by the order of the district court may appeal the order as in
other civil cases. No costs or disbursements shall be taxed against any party nor shall any
filing fee or bond be required of any party.

(i) If MNsure or new text begin a new text end district court orders eligibility for qualified health plan coverage new text begin or
MinnesotaCare Plan coverage new text end through MNsure, or eligibility for federal advance payment
of premium tax credits or cost-sharing reductions contingent upon full payment of respective
premiums, the premiums must be paid or provided pending appeal to the district court, court
of appeals, or supreme court. Provision of eligibility by MNsure pending appeal does not
render moot MNsure's position in a court of law.

Sec. 12.

Minnesota Statutes 2024, section 62V.051, is amended to read:

62V.051 MNSURE; CONSUMER RETROACTIVE APPOINTMENT OF A
NAVIGATOR OR PRODUCER PERMITTED.

Notwithstanding any other law or rule to the contrary, for up to six months after the
effective date of the qualified health plan new text begin or MinnesotaCare Plan new text end , MNsure must permit a
qualified health plan new text begin or MinnesotaCare Plan new text end policyholder, who has not designated a navigator
or an insurance producer, to retroactively appoint a navigator or insurance producer. MNsure
must provide notice of the retroactive appointment to the health carrier. The health carrier
must retroactively pay commissions to the insurance producer if the producer can demonstrate
that they were certified by MNsure at the time of the original enrollment, were appointed
by the selected health carrier at the time of the enrollment, and that an agent of record
agreement was executed prior to or at the time of the effective date of the policy. MNsure
must adopt a standard form of agent of record agreement for purposes of this section.

Sec. 13.

Minnesota Statutes 2024, section 62V.13, subdivision 3, is amended to read:

Subd. 3.

Outreach letter and special enrollment period.

(a) MNsure must provide a
written letter of the projected assessment under subdivision 2 to a taxpayer who indicates
to the commissioner of revenue that the taxpayer is interested in obtaining information on
access to health insurance.

(b) MNsure must allow a special enrollment period for taxpayers who receive the outreach
letter in paragraph (a) and are determined eligible to enroll in a qualified health plan new text begin or
MinnesotaCare Plan new text end through MNsure. The triggering event for the special enrollment period
is the day the outreach letter under this subdivision is mailed to the taxpayer. An eligible
individual, and their dependents, have 65 days from the triggering event to select a qualifying
health plan new text begin or MinnesotaCare Plan, new text end and coverage for the qualifying health plan new text begin or
MinnesotaCare Plan new text end is effective the first day of the month after plan selection.

(c) Taxpayers who have a member of the taxpayer's household currently enrolled in a
qualified health plan new text begin or MinnesotaCare Plan new text end through MNsure are not eligible for the special
enrollment under paragraph (b).

(d) MNsure must provide information to the general public about the easy enrollment
health insurance outreach program and the special enrollment period described in this
subdivision.

Sec. 14. new text begin DIRECTION TO THE COMMISSIONER; ESTABLISHING A
MINNESOTACARE PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Request for federal section 1332 waiver. new text end

new text begin (a) The commissioner of
commerce, in cooperation with the commissioner of human services and the Board of
Directors of MNsure, must submit a section 1332 waiver pursuant to United States Code,
title 42, section 18052, to the United States Secretary of Health and Human Services for
federal approval to implement this act consistent with this section.
new text end

new text begin (b) The 1332 waiver must request that the state receive 100 percent of the value of
premium tax credits and cost-sharing reductions that MinnesotaCare Plan enrollees with
household incomes less than or equal to 250 percent of the federal poverty guidelines would
receive if the MinnesotaCare Plan enrollees enrolled in a qualified health plan through
MNsure, rather than the 95 percent of the value of premium tax credits and cost-sharing
reductions the state receives for enrollees in a basic health program. The waiver must require
that additional federal funding must be dedicated to supporting lower costs for MinnesotaCare
Plan enrollees.
new text end

new text begin Subd. 2. new text end

new text begin Request to suspend basic health program. new text end

new text begin (a) Given the administrative burden
on both the federal government and the state to conduct a basic health program blueprint,
the commissioner of human services, in coordination with the commissioner of commerce
and the Board of Directors of MNsure, must submit an application to suspend the state's
basic health program, MinnesotaCare, pursuant to Code of Federal Regulations, title 42,
section 600.140, to the United States Secretary of Health and Human Services.
new text end

new text begin (b) The application must request to suspend the basic health program prior to
implementation of the 1332 waiver requested under this section and for the duration of the
waiver, and to maintain the state's current basic health program trust fund for allowable
uses.
new text end

new text begin Subd. 3. new text end

new text begin Current MinnesotaCare enrollees. new text end

new text begin (a) The 1332 waiver requested under this
section must not impact the experience of current MinnesotaCare enrollees. Upon federal
approval of the 1332 waiver, current MinnesotaCare enrollees who are eligible to enroll in
a MinnesotaCare Plan must be automatically enrolled in a MinnesotaCare Plan offered by
the enrollee's current health carrier or county-based purchasing plan, unless the enrollee
selects a different plan. When an enrollee transitions from MinnesotaCare to a MinnesotaCare
Plan, the eligibility and enrollment processes must not change and the premiums, cost-sharing
requirements, and covered benefits must remain the same for current MinnesotaCare
enrollees.
new text end

new text begin (b) Pursuant to Minnesota Statutes, chapter 256L, suspension of the state's basic health
program does not prohibit the commissioner of human services from continuing to administer
MinnesotaCare for individuals who meet the eligibility requirements for MinnesotaCare
but do not qualify to enroll in a MinnesotaCare Plan established under a 1332 waiver
requested under this section.
new text end