HF 727

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for evaluation of 
  1.3             proposed health coverage mandates; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 62J. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [62J.26] [EVALUATION OF PROPOSED HEALTH 
  1.7   COVERAGE MANDATES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.9   section, the following terms have the meanings given unless the 
  1.10  context otherwise requires:  
  1.11     (1) "commissioner" means the commissioner of commerce; 
  1.12     (2) "health plan" means a health plan as defined in section 
  1.13  62A.011, subdivision 3, but includes coverage listed in clauses 
  1.14  (7) and (10), of that definition; 
  1.15     (3) "mandated health benefit proposal" means a proposal 
  1.16  that would statutorily require a health plan to do the following:
  1.17     (i) provide coverage or increase the amount of coverage for 
  1.18  the treatment of a particular disease, condition, or other 
  1.19  health care need; 
  1.20     (ii) provide coverage or increase the amount of coverage of 
  1.21  a particular type of health care treatment or service or of 
  1.22  equipment, supplies, or drugs used in connection with a health 
  1.23  care treatment or service; or 
  1.24     (iii) provide coverage for care delivered by a specific 
  1.25  type of provider. 
  2.1      "Mandated health benefit proposal" does not include health 
  2.2   benefit proposals amending the scope of practice of a licensed 
  2.3   health care professional. 
  2.4      Subd. 2.  [EVALUATION PROCESS AND CONTENT.] (a) The 
  2.5   commissioner, in consultation with the commissioners of health 
  2.6   and employee relations, must evaluate mandated health benefit 
  2.7   proposals as provided under subdivision 3.  
  2.8      (b) The purpose of the evaluation is to provide the 
  2.9   legislature with a complete and timely analysis of all 
  2.10  ramifications of any mandated health benefit proposal.  The 
  2.11  evaluation must include, in addition to other relevant 
  2.12  information, the following: 
  2.13     (1) scientific and medical information on the proposed 
  2.14  health benefit, on the potential for harm or benefit to the 
  2.15  patient, and on the comparative benefit or harm from alternative 
  2.16  forms of treatment; 
  2.17     (2) public health, economic, and fiscal impacts of the 
  2.18  proposed mandate on persons receiving health services in 
  2.19  Minnesota, on the relative cost-effectiveness of the benefit, 
  2.20  and on the health care system in general; 
  2.21     (3) the extent to which the service is generally utilized 
  2.22  by a significant portion of the population; 
  2.23     (4) the extent to which insurance coverage for the proposed 
  2.24  mandated benefit is already generally available; 
  2.25     (5) the extent to which the mandated coverage will increase 
  2.26  or decrease the cost of the service; and 
  2.27     (6) the commissioner may consider actuarial analysis done 
  2.28  by health insurers in determining the cost of the proposed 
  2.29  mandated benefit. 
  2.30     (c) The commissioner must summarize the nature and quality 
  2.31  of available information on these issues, and, if possible, must 
  2.32  provide preliminary information to the public.  The commissioner 
  2.33  may conduct research on these issues or may determine that 
  2.34  existing research is sufficient to meet the informational needs 
  2.35  of the legislature.  The commissioner may seek the assistance 
  2.36  and advice of researchers, community leaders, or other persons 
  3.1   or organizations with relevant expertise.  
  3.2      Subd. 3.  [REQUESTS FOR EVALUATION.] (a) Whenever a 
  3.3   legislative measure containing a mandated health benefit 
  3.4   proposal is introduced as a bill or offered as an amendment to a 
  3.5   bill, or is likely to be introduced as a bill or offered as an 
  3.6   amendment, a chair of any standing legislative committee that 
  3.7   has jurisdiction over the subject matter of the proposal may 
  3.8   request that the commissioner complete an evaluation of the 
  3.9   proposal under this section, and inform any committee or floor 
  3.10  action by either house of the legislature.  
  3.11     (b) The commissioner must conduct an evaluation described 
  3.12  in subdivision 2 of each mandated health benefit proposal for 
  3.13  which an evaluation is requested under paragraph (a), unless the 
  3.14  commissioner determines under paragraph (c) that priorities and 
  3.15  resources do not permit its evaluation. 
  3.16     (c) If requests for evaluation of multiple proposals are 
  3.17  received, the commissioner must consult with the chairs of the 
  3.18  standing legislative committees having jurisdiction over the 
  3.19  subject matter of the mandated health benefit proposals to 
  3.20  prioritize the requests and establish a reporting date for each 
  3.21  proposal to be evaluated.  The commissioner is not required to 
  3.22  direct an unreasonable quantity of the commissioner's resources 
  3.23  to these evaluations.  No more than three evaluations may be 
  3.24  performed under this section in any fiscal year. 
  3.25     Subd. 4.  [SOURCES OF FUNDING.] The commissioner may seek 
  3.26  and accept funding to pay for evaluations under this section, to 
  3.27  supplement or replace state appropriations.  Any money received 
  3.28  under this subdivision must be deposited in the state treasury, 
  3.29  credited to a separate account for this purpose, and is 
  3.30  appropriated to the commissioner of commerce for purposes of 
  3.31  this section.  
  3.32     Subd. 5.  [REPORT TO LEGISLATURE.] The commissioner must 
  3.33  submit a written report on the evaluation to the legislature no 
  3.34  later than 180 days after the request.  The report must be 
  3.35  submitted in compliance with sections 3.195 and 3.197.  
  3.36     Sec. 2.  [EFFECTIVE DATE.] 
  4.1      Section 1 is effective January 1, 2004.