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HF 1165

as introduced - 89th Legislature (2015 - 2016) Posted on 02/23/2015 02:29pm

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

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A bill for an act
relating to health; changing employee benefits; regulating insurance; providing
for disclosure of benefit information by certain employers; providing for
enforcement; providing religious exemptions; requiring health plans to cover
contraceptive methods, sterilization, and related medical services, patient
education, and counseling;amending Minnesota Statutes 2014, section 177.27,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters
62Q; 181.

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

Section 1.

[62Q.521] COVERAGE OF CONTRACEPTIVE METHOD AND
COUNSELING.

Subdivision 1.

Citation.

This section may be cited as the "Contraceptive Health
Equity and Employee Rights Act."

Subd. 2.

Scope of coverage required.

This section applies to all health plans, as
defined in section 62A.011, subdivision 3, including qualified health plans offered through
MNsure, as defined in section 62V.02, subdivision 11, and regulated under section 62V.05,
subdivision 4, that are issued or renewed to a Minnesota employer to cover employees
and their dependents.

Subd. 3.

Required coverage.

A health plan described in subdivision 2 that provides
prescription drug coverage must cover all Food and Drug Administration-approved
contraceptive methods and sterilization procedures, and related medical services, patient
education, and counseling, and shall not impose any cost-sharing requirements for this
coverage.

Subd. 4.

Exempted coverage.

(a) A health plan company that has offered a health
plan described in subdivision 2 shall provide a basis for eligible employers to be exempted
from the required coverage under subdivision 3. For purposes of this section, an eligible
employer includes:

(1) any organization that would qualify under Code of Federal Regulations, title 45,
section 147.13, paragraph (b); or

(2) any employer organized as a closely held, for-profit corporation that:

(i) provides a health plan as described in subdivision 2;

(ii) has employment policies that are derived from principal shareholder beliefs; and

(iii) that limits or proposes to limit the availability of specific employee benefits
due to those beliefs.

(b) An eligible employer and a health plan company shall follow the contraceptive
coverage procedures adopted under Code of Federal Regulations, title 45, section 147.131,
including, but not limited to, the eligible employer issuing a self-certification described in
Code of Federal Regulations, title 45, section 147.131, paragraph (b)(4), and the health plan
company providing coverage required under subdivision 3 to employees or dependents
of an eligible employer at no additional charge to the employee or eligible employer, as
described in Code of Federal Regulations, title 45, section 147.131, paragraph (c).

(c) Any employer exempt under this subdivision must provide disclosures as
required by section 181.987.

EFFECTIVE DATE.

This section is effective July 1, 2015, and applies to coverage
offered, sold, issued, renewed, or continued, as defined in Minnesota Statutes, section
60A.02, subdivision 2a, on or after that date.

Sec. 2.

Minnesota Statutes 2014, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d),
181.275, subdivision 2a
, 181.722, 181.79, and 181.939 to 181.943, and 181.987 or with any
rule promulgated under section 177.28. The commissioner shall issue an order requiring
an employer to comply with sections 177.41 to 177.435 if the violation is repeated. For
purposes of this subdivision only, a violation is repeated if at any time during the two years
that preceded the date of violation, the commissioner issued an order to the employer for
violation of sections 177.41 to 177.435 and the order is final or the commissioner and the
employer have entered into a settlement agreement that required the employer to pay back
wages that were required by sections 177.41 to 177.435. The department shall serve the
order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

[181.987] DISCLOSURE REQUIREMENTS; CLOSELY HELD
CORPORATIONS AND RELIGIOUS EMPLOYERS.

(a) An eligible employer, as defined in section 62Q.521, subdivision 4, paragraph
(a), that is exempt from providing required coverage under section 62Q.521, subdivision
3, must provide written disclosures regarding the employer's benefit limitations or exempt
status to all employees and job applicants.

(b) The written disclosure required by this section must include:

(1) detailed information about any individual benefit that is limited or withheld due
to the employer's principal shareholder beliefs or exempt status;

(2) the cost, if any, that the employee or job applicant may incur as the result of
the limitation of benefits;

(3) detailed information about the availability of alternative benefit plans including,
but not limited to, health plans available under chapter 62V and the availability of
assistance in enrolling for such plans under section 62V.05, subdivision 4; and

(4) detailed information about the availability of contraceptive coverage through the
health plan offered by the employer, at no additional cost to the employee or the employer,
pursuant to section 62Q.521, subdivision 4, paragraph (b).

(c) The written disclosure required by this section must be included:

(1) on any job application form provided by the employer;

(2) with an employee's first two paychecks after the effective date of this section; and

(3) in any employment contract or agreement or employee handbook created by
the employer.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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