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HF 697

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 04:26pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health care; modifying health plan contracting requirements; establishing
a task force on the cost of high deductible health plans; prescribing duties; requiring
a report; providing appointments; appropriating money; amending Minnesota
Statutes 2018, sections 62Q.733, subdivision 3; 62Q.735, subdivisions 2, 5.

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

Section 1.

Minnesota Statutes 2018, section 62Q.733, subdivision 3, is amended to read:


Subd. 3.

Health care provider or provider.

"Health care provider" or "provider" means
a physician, chiropractor, dentist, podiatrist,new text begin clinic,new text end or other provider as defined under section
62J.03, other than hospitals, ambulatory surgical centers, or freestanding emergency rooms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to contracts
entered into, renewed, or amended on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 62Q.735, subdivision 2, is amended to read:


Subd. 2.

Proposed amendments.

(a) Any amendment or change in the terms of an
existing contract between a health plan company and a provider must be disclosed to the
provider at least 45 days prior to the effective date of the proposed change, with the exception
of amendments required of the health plan company by law or governmental regulatory
authority, when notice shall be given to the provider when the requirement is made known
to the health plan company.new text begin If a health plan company fails to provide an amendment or
change in terms at least 45 days prior to the effective date of the proposed change, the
proposed amendment or change in terms is not effective until the next contract year.
new text end

(b) Any amendment or change in the contract that alters the fee schedule or materially
alters the written contractual policies and procedures governing the relationship between
the provider and the health plan company must be disclosed to the provider not less than
45 days before the effective date of the proposed change and the provider must have the
opportunity to terminate the contract before the amendment or change is deemed to be in
effect.new text begin If a health plan company fails to provide an amendment or change in the contract
that alters the fee schedule or materially alters the written contractual policies and procedures
at least 45 days prior to the effective date of the proposed change, the proposed change in
terms is not effective until the next contract year.
new text end

(c) By mutual consent, evidenced in writing in amendments separate from the base
contract and not contingent on participation, the parties may waive the disclosure
requirements under paragraphs (a) and (b).

(d) Notwithstanding paragraphs (a) and (b), the effective date of contract termination
shall comply with the terms of the contract when a provider terminates a contract.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to contracts
entered into, renewed, or amended on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 62Q.735, subdivision 5, is amended to read:


Subd. 5.

Fee schedules.

(a) A health plan company shall provide, deleted text beginupon requestdeleted text endnew text begin no later
than 45 days before the next contract year's effective date
new text end, any additional fees or fee schedules
relevant to the particular provider's practice beyond those provided with the renewal
documents for the next contract year to all participating providers, excluding claims paid
under the pharmacy benefit. Health plan companies may fulfill the requirements of this
section by making the full fee schedules availablenew text begin no later than 45 days before the next
contract year's effective date
new text end through a secure web portal for contracted providers.new text begin If a health
plan company fails to provide any additional fees or fee schedules at least 45 days before
the next contract year's effective date, the fees on the existing fee schedules are effective
for the next contract year, as increased by the most recently published rates in the Consumer
Price Index for All Urban Consumers for Medical Care Services for the Minneapolis region.
new text end

(b) A dental organization may satisfy paragraph (a) by complying with section 62Q.735,
subdivision 1
, paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to contracts
entered into, renewed, or amended on or after that date.
new text end

Sec. 4. new text beginTASK FORCE ON HIGH DEDUCTIBLE HEALTH PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The task force on high deductible health plans is
established to study issues related to the direct and indirect costs, including hidden costs,
of high deductible health plans.
new text end

new text begin Subd. 2. new text end

new text begin Membership; meetings; staff. new text end

new text begin (a) The task force is composed of the following
ten members, who must be appointed by July 1, 2019, and who serve at the pleasure of their
appointing authorities:
new text end

new text begin (1) the commissioner of commerce or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the commissioner of Minnesota Management and Budget or a designee;
new text end

new text begin (4) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (5) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (6) one person appointed by the Minnesota Council of Health Plans;
new text end

new text begin (7) three members appointed by the Minnesota Medical Group Management Association
to represent health care providers; and
new text end

new text begin (8) one health plan enrollee advocate, appointed by the commissioner of commerce.
new text end

new text begin (b) Members of the task force must receive compensation and expense reimbursement
as provided under Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin (c) The commissioner of commerce must convene the task force by August 1, 2019, and
must appoint a chair from the membership of the task force. Staffing and technical assistance
must be provided by the Department of Commerce.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must review and discuss the following issues related to
the cost of high deductible health plans:
new text end

new text begin (1) initiatives states have taken to address the cost of high deductible health plans to
enrollees, health plans, and health care providers;
new text end

new text begin (2) initiatives insurers have taken to address the cost of high deductible health plans;
new text end

new text begin (3) the costs to health care providers incurred to collect or attempt to collect deductibles
and co-pays on high deductible health plans;
new text end

new text begin (4) the annual amount of uncollected debt owed health care providers that is attributable
to high deductible health plans; and
new text end

new text begin (5) possible compensation mechanisms to reimburse health care providers for
uncompensated care in the form of uncollectible deductibles and co-pays on high deductible
plans.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By February 1, 2020, the task force must submit to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with primary jurisdiction over commerce and transportation its written
recommendations, including any draft legislation necessary to implement the
recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after the report under subdivision
4 is submitted, or February 2, 2020, whichever is earlier.
new text end

Sec. 5. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the Department of Commerce to pay the
costs of the task force established in section 4.
new text end