1.1 	A bill for an act
1.2 	relating to insurance; eliminating requirements necessary for a health carrier to 
1.3 	discontinue individual health plans; establishing a state exception for a health 
1.4 	carrier's uniform modification of coverage under an individual market health plan;
1.5 	amending Minnesota Statutes 2024, section 62A.65, by adding a subdivision; 
1.6 	Minnesota Statutes 2025 Supplement, section 62A.65, subdivisions 2, 2a.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2025 Supplement, section 62A.65, subdivision 2, is amended 
1.9 	to read:
1.10 		Subd. 2.Guaranteed renewal. No individual health plan may be offered, sold, issued, 
1.11 	or renewed to a Minnesota resident unless the health plan provides that the plan is guaranteed 
1.12 	renewable at a premium rate that does not take into account the claims experience or any 
1.13 	change in the health status of any covered person that occurred after the initial issuance of 
1.14 	the health plan to the person. The premium rate upon renewal must also otherwise comply 
1.15 	with this section. A health carrier is prohibited from refusing to renew a Minnesota resident's 
1.16 	individual health plan unless:
1.17 	(1) the enrollee has failed to pay premiums in accordance with the health plan's terms, 
1.18 	including any timeliness requirements;
1.19 	(2) the enrollee has performed an act or practice that constitutes fraud or made an 
1.20 	intentional misrepresentation of material fact under the health plan's terms;
1.21 	(3) the enrollee no longer lives in the area where the issuer health carrier is authorized 
1.22 	to operate;
1.23 	(4) a health carrier discontinues an individual health plan under subdivision 2a; or
2.1 	(5) a health carrier discontinues issuing new individual health plans and refuses to renew 
2.2 	all of the health carrier's existing individual health plans issued in Minnesota as provided 
2.3 	under subdivision 8.

2.4 	Sec. 2. Minnesota Statutes 2025 Supplement, section 62A.65, subdivision 2a, is amended 
2.5 	to read:
2.6 		Subd. 2a.Discontinuing individual health plan. (a) In order to discontinue a particular 
2.7 	type of individual health plan in Minnesota for purposes of subdivision 2, clause (4), a health 
2.8 	carrier must:
2.9 	(1) provide written notice to the commissioner that approves the individual health plan's 
2.10 	policy forms and filings, in a form and manner approved by the commissioner, regarding 
2.11 	the health carrier's intent to discontinue a particular type of individual health plan in 
2.12 	Minnesota. The notice must be provided no later than May 1 of the year before the date the 
2.13 	individual health plan intends to discontinue the particular type of individual health plan;
2.14 	(2) (1) provide written notice to each individual policyholder enrolled in the individual 
2.15 	health plan no later than 90 days before the date the coverage is discontinued;
2.16 	(3) (2) offer to each individual covered by the individual health plan that the health 
2.17 	carrier intends to discontinue the option to purchase on a guaranteed issue basis any other 
2.18 	individual health plan currently offered by the health carrier for individuals in the individual 
2.19 	market; and
2.20 	(4) (3) act uniformly without regard to any health status factor of a covered individual 
2.21 	or a dependent of a covered individual who may become eligible for coverage.
2.22 	(b) Subject to paragraph (d), the commissioner may disapprove a health carrier 
2.23 	discontinuing a particular type of individual health plan within 60 days after receiving notice 
2.24 	under paragraph (a) if the commissioner determines discontinuing the plan is not in Minnesota 
2.25 	policyholders' best interest. When making the determination under this paragraph, the 
2.26 	commissioner may consider the plan's enrollment size, the availability of comparable 
2.27 	individual health plan options offered by the health carrier in Minnesota, or any other factor 
2.28 	the commissioner deems relevant.
2.29 	(c) A health carrier may appeal the commissioner's determination made under paragraph 
2.30 	(b) to disapprove the health carrier's plan to discontinue a particular type of individual health 
2.31 	plan in Minnesota. An appeal under this paragraph is subject to the contested case procedures 
2.32 	under chapter 14 and must be made within 30 days of the date the commissioner makes a 
2.33 	written determination under paragraph (b).
3.1 	(d) A health carrier may discontinue an individual health plan without commissioner 
3.2 	approval if the individual health plan is not a catastrophic or platinum-level health plan, as 
3.3 	defined in United States Code, title 42, section 18022, and the plan:
3.4 	(1) has fewer than 25 enrollees; or
3.5 	(2) is a grandfathered plan, as defined in section 62A.011, subdivision 1b.

3.6 	Sec. 3. Minnesota Statutes 2024, section 62A.65, is amended by adding a subdivision to 
3.7 	read:
3.8 		Subd. 2b.Exception for uniform modification of coverage. (a) A health carrier may 
3.9 	modify the health plan for a product, as defined under Code of Federal Regulations, title 
3.10 	45, section 144.103, offered to an individual in the individual market if the modification is 
3.11 	effective uniformly for all individuals with that product. A health carrier may modify the 
3.12 	health plan for a product under this paragraph only at the time coverage is renewed.
3.13 	(b) For purposes of paragraph (a), modifications made uniformly and solely pursuant to 
3.14 	applicable federal or state requirements are considered a uniform modification of coverage 
3.15 	if the modification is:
3.16 	(1) made within a reasonable time period after the federal or state requirement is imposed 
3.17 	or modified; and
3.18 	(2) directly related to the federal or state requirement that is imposed or modified.
3.19 	(c) Other types of modifications made uniformly are considered a uniform modification 
3.20 	of coverage if the health plan for the product in the individual market meets all of the 
3.21 	following criteria:
3.22 	(1) the product is offered by the same health carrier or, if the health carrier is a member 
3.23 	of a controlled group, as described in Code of Federal Regulations, title 45, section 147.106, 
3.24 	paragraph (d)(4), another health carrier that is a member of the controlled group;
3.25 	(2) the product is offered as the same product network type, which includes but is not 
3.26 	limited to a health maintenance organization, preferred provider organization, exclusive 
3.27 	provider organization, point of service, or indemnity;
3.28 	(3) the product continues to cover at least a majority of the same service area;
3.29 	(4) within the product, each health plan has the same cost-sharing structure as before 
3.30 	the modification, except for any variation in cost-sharing solely related to changes in cost 
3.31 	and utilization of medical care or to maintain the same metal level, as defined under section 
3.32 	62K.06, subdivision 4; and
4.1 	(5) the product provides the same covered benefits, except for any changes in benefits 
4.2 	that cumulatively impact the plan-adjusted index rate, as described in Code of Federal 
4.3 	Regulations, title 45, section 156.80, paragraph (d)(2), for any health plan within the product 
4.4 	within an allowable variation of plus or minus two percentage points, not including changes 
4.5 	pursuant to applicable federal or state requirements.