1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to insurance; regulating agency terminations, 1.3 coverages, fees, forms, disclosures, reports, 1.4 information security, and premiums; amending Minnesota 1.5 Statutes 2004, sections 60A.14, subdivision 1; 1.6 60A.171, subdivision 11; 60A.23, subdivision 8; 1.7 60A.966; 60A.969; 62A.136; 62A.31, subdivision 1h; 1.8 62A.315; 62A.316; 62E.13, subdivision 2; 62Q.471; 1.9 65A.29, subdivision 11; 65B.48, subdivision 3; 72A.20, 1.10 subdivisions 13, 36; 79.211, by adding a subdivision; 1.11 79.40; 79.56, subdivisions 1, 3; 79.62, subdivision 3; 1.12 79A.03, subdivision 9; 79A.04, subdivisions 2, 10; 1.13 79A.06, subdivision 5; 79A.12, subdivision 2; 79A.22, 1.14 subdivision 11, by adding a subdivision; 176.191, 1.15 subdivision 3; Laws 1985, chapter 85, section 1; 1.16 proposing coding for new law in Minnesota Statutes, 1.17 chapters 60A; 62L; 65A; 65B; repealing Minnesota 1.18 Statutes 2004, sections 61A.072, subdivision 2; 62E.03. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 2004, section 60A.14, 1.21 subdivision 1, is amended to read: 1.22 Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In 1.23 addition to the fees and charges provided for examinations, the 1.24 following fees must be paid to the commissioner for deposit in 1.25 the general fund: 1.26 (a) by township mutual fire insurance companies; 1.27 (1) for filing certificate of incorporation $25 and 1.28 amendments thereto, $10; 1.29 (2) for filing annual statements, $15; 1.30 (3) for each annual certificate of authority, $15; 1.31 (4) for filing bylaws $25 and amendments thereto, $10; 1.32 (b) by other domestic and foreign companies including 2.1 fraternals and reciprocal exchanges; 2.2 (1) for filing certified copy of certificate of articles of 2.3 incorporation, $100; 2.4 (2) for filing annual statement, $225; 2.5 (3) for filing certified copy of amendment to certificate 2.6 or articles of incorporation, $100; 2.7 (4) for filing bylaws, $75 or amendments thereto, $75; 2.8 (5) for each company's certificate of authority, $575, 2.9 annually; 2.10 (c) the following general fees apply: 2.11 (1) for each certificate, including certified copy of 2.12 certificate of authority, renewal, valuation of life policies, 2.13 corporate condition or qualification, $25; 2.14 (2) for each copy of paper on file in the commissioner's 2.15 office 50 cents per page, and $2.50 for certifying the same; 2.16 (3) for license to procure insurance in unadmitted foreign 2.17 companies, $575; 2.18 (4) for valuing the policies of life insurance companies, 2.19 one cent per $1,000 of insurance so valued, provided that the 2.20 fee shall not exceed $13,000 per year for any company. The 2.21 commissioner may, in lieu of a valuation of the policies of any 2.22 foreign life insurance company admitted, or applying for 2.23 admission, to do business in this state, accept a certificate of 2.24 valuation from the company's own actuary or from the 2.25 commissioner of insurance of the state or territory in which the 2.26 company is domiciled; 2.27 (5) for receiving and filing certificates of policies by 2.28 the company's actuary, or by the commissioner of insurance of 2.29 any other state or territory, $50; 2.30 (6) for each appointment of an agent filed with the 2.31 commissioner, $10; 2.32 (7) for filing forms and rates,$75$90 per filing, 2.33whichor $75 per filing when submitted via electronic filing 2.34 system. Filing fees may be paid on a quarterly basis in 2.35 response to an invoice. Billing and payment may be made 2.36 electronically; 3.1 (8) for annual renewal of surplus lines insurer license, 3.2 $300;3.3(9) $250 filing fee for a large risk alternative rating3.4option plan that meets the $250,000 threshold requirement. 3.5 The commissioner shall adopt rules to define filings that 3.6 are subject to a fee. 3.7 Sec. 2. Minnesota Statutes 2004, section 60A.171, 3.8 subdivision 11, is amended to read: 3.9 Subd. 11. Upon termination of an agency, a company is 3.10 prohibited from soliciting business in the notice of nonrenewal 3.11 required by section 60A.37. If termination of an agency 3.12 contract is the ground for nonrenewal of a policy of homeowner's 3.13 insurance, as defined in section 65A.27, subdivision 4, the 3.14 company must provide notice to the policyholder that the policy 3.15 is not being renewed due to the termination of the company's 3.16 contract with the agency. If the agency is unable to replace 3.17 the homeowner's insurance policy with a suitable policy from 3.18 another insurer, the agent must notify the policyholder of the 3.19 policyholder's right to renew with the company terminating the 3.20 agency contract. The company must renew the policy if the 3.21 insured or the insured's agent makes a written request for the 3.22 renewal before the renewal date. 3.23 Sec. 3. Minnesota Statutes 2004, section 60A.23, 3.24 subdivision 8, is amended to read: 3.25 Subd. 8. [SELF-INSURANCE OR INSURANCE PLAN ADMINISTRATORS 3.26 WHO ARE VENDORS OF RISK MANAGEMENT SERVICES.] (1) [SCOPE.] This 3.27 subdivision applies to any vendor of risk management services 3.28 and to any entity which administers, for compensation, a 3.29 self-insurance or insurance plan. This subdivision does not 3.30 apply (a) to an insurance company authorized to transact 3.31 insurance in this state, as defined by section 60A.06, 3.32 subdivision 1, clauses (4) and (5); (b) to a service plan 3.33 corporation, as defined by section 62C.02, subdivision 6; (c) to 3.34 a health maintenance organization, as defined by section 62D.02, 3.35 subdivision 4; (d) to an employer directly operating a 3.36 self-insurance plan for its employees' benefits; (e) to an 4.1 entity which administers a program of health benefits 4.2 established pursuant to a collective bargaining agreement 4.3 between an employer, or group or association of employers, and a 4.4 union or unions; or (f) to an entity which administers a 4.5 self-insurance or insurance plan if a licensed Minnesota insurer 4.6 is providing insurance to the plan and if the licensed insurer 4.7 has appointed the entity administering the plan as one of its 4.8 licensed agents within this state. 4.9 (2) [DEFINITIONS.] For purposes of this subdivision the 4.10 following terms have the meanings given them. 4.11 (a) "Administering a self-insurance or insurance plan" 4.12 means (i) processing, reviewing or paying claims, (ii) 4.13 establishing or operating funds and accounts, or (iii) otherwise 4.14 providing necessary administrative services in connection with 4.15 the operation of a self-insurance or insurance plan. 4.16 (b) "Employer" means an employer, as defined by section 4.17 62E.02, subdivision 2. 4.18 (c) "Entity" means any association, corporation, 4.19 partnership, sole proprietorship, trust, or other business 4.20 entity engaged in or transacting business in this state. 4.21 (d) "Self-insurance or insurance plan" means a plan 4.22 providing life, medical or hospital care, accident, sickness or 4.23 disability insurance for the benefit of employees or members of 4.24 an association, or a plan providing liability coverage for any 4.25 other risk or hazard, which is or is not directly insured or 4.26 provided by a licensed insurer, service plan corporation, or 4.27 health maintenance organization. 4.28 (e) "Vendor of risk management services" means an entity 4.29 providing for compensation actuarial, financial management, 4.30 accounting, legal or other services for the purpose of designing 4.31 and establishing a self-insurance or insurance plan for an 4.32 employer. 4.33 (3) [LICENSE.] No vendor of risk management services or 4.34 entity administering a self-insurance or insurance plan may 4.35 transact this business in this state unless it is licensed to do 4.36 so by the commissioner. An applicant for a license shall state 5.1 in writing the type of activities it seeks authorization to 5.2 engage in and the type of services it seeks authorization to 5.3 provide. The license may be granted only when the commissioner 5.4 is satisfied that the entity possesses the necessary 5.5 organization, background, expertise, and financial integrity to 5.6 supply the services sought to be offered. The commissioner may 5.7 issue a license subject to restrictions or limitations upon the 5.8 authorization, including the type of services which may be 5.9 supplied or the activities which may be engaged in. The license 5.10 fee is$1,000$1,500 for the initial application and 5.11$1,000$1,500 for eachtwo-yearthree-year renewal. All 5.12 licenses are for a period oftwothree years. 5.13 (4) [REGULATORY RESTRICTIONS; POWERS OF THE COMMISSIONER.] 5.14 To assure that self-insurance or insurance plans are financially 5.15 solvent, are administered in a fair and equitable fashion, and 5.16 are processing claims and paying benefits in a prompt, fair, and 5.17 honest manner, vendors of risk management services and entities 5.18 administering insurance or self-insurance plans are subject to 5.19 the supervision and examination by the commissioner. Vendors of 5.20 risk management services, entities administering insurance or 5.21 self-insurance plans, and insurance or self-insurance plans 5.22 established or operated by them are subject to the trade 5.23 practice requirements of sections 72A.19 to 72A.30. In lieu of 5.24 an unlimited guarantee from a parent corporation for a vendor of 5.25 risk management services or an entity administering insurance or 5.26 self-insurance plans, the commissioner may accept a surety bond 5.27 in a form satisfactory to the commissioner in an amount equal to 5.28 120 percent of the total amount of claims handled by the 5.29 applicant in the prior year. If at any time the total amount of 5.30 claims handled during a year exceeds the amount upon which the 5.31 bond was calculated, the administrator shall immediately notify 5.32 the commissioner. The commissioner may require that the bond be 5.33 increased accordingly. 5.34 No contract entered into after July 1, 2001, between a 5.35 licensed vendor of risk management services and a group 5.36 authorized to self-insure for workers' compensation liabilities 6.1 under section 79A.03, subdivision 6, may take effect until it 6.2 has been filed with the commissioner, and either (1) the 6.3 commissioner has approved it or (2) 60 days have elapsed and the 6.4 commissioner has not disapproved it as misleading or violative 6.5 of public policy. 6.6 (5) [RULEMAKING AUTHORITY.] To carry out the purposes of 6.7 this subdivision, the commissioner may adopt rules pursuant to 6.8 sections 14.001 to 14.69. These rules may: 6.9 (a) establish reporting requirements for administrators of 6.10 insurance or self-insurance plans; 6.11 (b) establish standards and guidelines to assure the 6.12 adequacy of financing, reinsuring, and administration of 6.13 insurance or self-insurance plans; 6.14 (c) establish bonding requirements or other provisions 6.15 assuring the financial integrity of entities administering 6.16 insurance or self-insurance plans; or 6.17 (d) establish other reasonable requirements to further the 6.18 purposes of this subdivision. 6.19 Sec. 4. Minnesota Statutes 2004, section 60A.966, is 6.20 amended to read: 6.21 60A.966 [APPROVAL OF VIATICAL SETTLEMENTS CONTRACT FORMS.] 6.22 A viatical settlement provider or broker may not use a 6.23 viatical settlement contract form in this state unless it has 6.24 been filed with and approved by the commissioner. A viatical 6.25 settlement contract form filed with the commissioner is 6.26 considered to have been approved if it has not been disapproved 6.27 within 60 days of the filing. The commissioner shall disapprove 6.28 a viatical settlement contract form if, in the commissioner's 6.29 opinion, the contract or contract provisions are unreasonable, 6.30 contrary to the interests of the public, or otherwise misleading 6.31 or unfair to the policy owner. 6.32 Sec. 5. Minnesota Statutes 2004, section 60A.969, is 6.33 amended to read: 6.34 60A.969 [DISCLOSURE.] 6.35 A viatical settlement provider or a broker shall disclose 6.36 the following information to the viator no later than the 7.1 datethe viatical settlement contract is signed by all7.2partiesan application is given to the viator: 7.3 (1) possible alternatives to viatical settlement contracts 7.4 for persons with catastrophic or life threatening illnesses, 7.5 including accelerated benefits offered by the issuer of the life 7.6 insurance policy; 7.7 (2) the fact that some or all of the proceeds of the 7.8 viatical settlement may be taxable and that assistance should be 7.9 sought from a personal tax advisor; 7.10 (3) the fact that the viatical settlement may be subject to 7.11 the claims of creditors; 7.12 (4) the fact that receipt of a viatical settlement may 7.13 adversely affect the recipients' eligibility for Medicaid or 7.14 other government benefits or entitlements and that advice should 7.15 be obtained from the appropriate agencies; 7.16 (5) the policy owner's right to rescind a viatical 7.17 settlement contract within 30 days of the date it is executed by 7.18 all parties or 15 days of the receipt of the viatical settlement 7.19 proceeds by the viator, whichever is less, as provided in 7.20 section 60A.970, subdivision 3; and 7.21 (6) the date by which the funds will be available to the 7.22 viator and the source of the funds. 7.23 Sec. 6. [60A.98] [DEFINITIONS.] 7.24 Subdivision 1. [SCOPE.] For purposes of sections 60A.98 7.25 and 60A.981, the terms defined in this section have the meanings 7.26 given them. 7.27 Subd. 2. [CUSTOMER.] "Customer" means a consumer who has a 7.28 continuing relationship with a licensee under which the licensee 7.29 provides one or more insurance products or services to the 7.30 consumer that are to be used primarily for personal, family, or 7.31 household purposes. 7.32 Subd. 3. [CUSTOMER INFORMATION.] "Customer information" 7.33 means nonpublic personal information about a customer, whether 7.34 in paper, electronic, or other form, that is maintained by or on 7.35 behalf of the licensee. 7.36 Subd. 4. [CUSTOMER INFORMATION SYSTEMS.] "Customer 8.1 information systems" means the electronic or physical methods 8.2 used to access, collect, store, use, transmit, protect, or 8.3 dispose of customer information. 8.4 Subd. 5. [LICENSEE.] "Licensee" means all licensed 8.5 insurers, producers, and other persons licensed or required to 8.6 be licensed, authorized or required to be authorized, or 8.7 registered or required to be registered pursuant to the 8.8 insurance laws of this state, except that "licensee" does not 8.9 include a purchasing group or an ineligible insurer in regard to 8.10 the surplus line insurance conducted pursuant to sections 8.11 60A.195 to 60A.209. "Licensee" does not include producers until 8.12 January 1, 2007. 8.13 Subd. 6. [NONPUBLIC FINANCIAL INFORMATION.] "Nonpublic 8.14 financial information" means: 8.15 (1) personally identifiable financial information; and 8.16 (2) any list, description, or other grouping of consumers, 8.17 and publicly available information pertaining to them, that is 8.18 derived using any personally identifiable financial information 8.19 that is not publicly available. 8.20 Subd. 7. [NONPUBLIC PERSONAL HEALTH 8.21 INFORMATION.] "Nonpublic personal health information" means 8.22 health information: 8.23 (1) that identifies an individual who is the subject of the 8.24 information; or 8.25 (2) with respect to which there is a reasonable basis to 8.26 believe that the information could be used to identify an 8.27 individual. 8.28 Subd. 8. [NONPUBLIC PERSONAL INFORMATION.] "Nonpublic 8.29 personal information" means nonpublic financial information and 8.30 nonpublic personal health information. 8.31 Subd. 9. [PERSONALLY IDENTIFIABLE FINANCIAL 8.32 INFORMATION.] "Personally identifiable financial information" 8.33 means any information: 8.34 (1) a consumer provides to a licensee to obtain an 8.35 insurance product or service from the licensee; 8.36 (2) about a consumer resulting from a transaction involving 9.1 an insurance product or service between a licensee and a 9.2 consumer; or 9.3 (3) the licensee otherwise obtains about a consumer in 9.4 connection with providing an insurance product or service to 9.5 that consumer. 9.6 Subd. 10. [SERVICE PROVIDER.] "Service provider" means a 9.7 person that maintains, processes, or otherwise is permitted 9.8 access to customer information through its provision of services 9.9 directly to the licensee. 9.10 Sec. 7. [60A.981] [INFORMATION SECURITY PROGRAM.] 9.11 Subdivision 1. [GENERAL REQUIREMENTS.] Each licensee shall 9.12 implement a comprehensive written information security program 9.13 that includes administrative, technical, and physical safeguards 9.14 for the protection of customer information. The administrative, 9.15 technical, and physical safeguards included in the information 9.16 security program must be appropriate to the size and complexity 9.17 of the licensee and the nature and scope of its activities. 9.18 Subd. 2. [OBJECTIVES.] A licensee's information security 9.19 program must be designed to: 9.20 (1) ensure the security and confidentiality of customer 9.21 information; 9.22 (2) protect against any anticipated threats or hazards to 9.23 the security or integrity of the information; and 9.24 (3) protect against unauthorized access to or use of the 9.25 information that could result in substantial harm or 9.26 inconvenience to any customer. 9.27 Subd. 3. [EXAMPLES OF METHODS OF DEVELOPMENT AND 9.28 IMPLEMENTATION.] The following actions and procedures are 9.29 examples of methods of implementation of the requirements of 9.30 subdivisions 1 and 2. These examples are nonexclusive 9.31 illustrations of actions and procedures that licensees may 9.32 follow to implement subdivisions 1 and 2: 9.33 (1) the licensee: 9.34 (i) identifies reasonably foreseeable internal or external 9.35 threats that could result in unauthorized disclosure, misuse, 9.36 alteration, or destruction of customer information or customer 10.1 information systems; 10.2 (ii) assesses the likelihood and potential damage of these 10.3 threats, taking into consideration the sensitivity of customer 10.4 information; and 10.5 (iii) assesses the sufficiency of policies, procedures, 10.6 customer information systems, and other safeguards in place to 10.7 control risks; 10.8 (2) the licensee: 10.9 (i) designs its information security program to control the 10.10 identified risks, commensurate with the sensitivity of the 10.11 information, as well as the complexity and scope of the 10.12 licensee's activities; 10.13 (ii) trains staff, as appropriate, to implement the 10.14 licensee's information security program; and 10.15 (iii) regularly tests or otherwise regularly monitors the 10.16 key controls, systems, and procedures of the information 10.17 security program. The frequency and nature of these tests or 10.18 other monitoring practices are determined by the licensee's risk 10.19 assessment; 10.20 (3) the licensee: 10.21 (i) exercises appropriate due diligence in selecting its 10.22 service providers; and 10.23 (ii) requires its service providers to implement 10.24 appropriate measures designed to meet the objectives of this 10.25 regulation, and, where indicated by the licensee's risk 10.26 assessment, takes appropriate steps to confirm that its service 10.27 providers have satisfied these obligations; and 10.28 (4) the licensee monitors, evaluates, and adjusts, as 10.29 appropriate, the information security program in light of any 10.30 relevant changes in technology, the sensitivity of its customer 10.31 information, internal or external threats to information, and 10.32 the licensee's own changing business arrangements, such as 10.33 mergers and acquisitions, alliances and joint ventures, 10.34 outsourcing arrangements, and changes to customer information 10.35 systems. 10.36 Sec. 8. [60A.982] [UNFAIR TRADE PRACTICES.] 11.1 A violation of sections 60A.98 and 60A.981 is considered to 11.2 be a violation of sections 72A.17 to 72A.32. 11.3 Sec. 9. Minnesota Statutes 2004, section 62A.136, is 11.4 amended to read: 11.5 62A.136 [DENTAL AND VISION PLAN COVERAGE.] 11.6 The following provisions do not apply to health plans as 11.7 defined in section 62A.011, subdivision 3, clause (6), providing 11.8 dental or vision coverage only: sections 62A.041; 62A.0411; 11.9 62A.047; 62A.149; 62A.151; 62A.152; 62A.154; 62A.155; 62A.17, 11.10 subdivision 6; 62A.21, subdivision 2b; 62A.26; 62A.28; 62A.285; 11.11 62A.30; 62A.304; 62A.3093; and 62E.16. 11.12 Sec. 10. Minnesota Statutes 2004, section 62A.31, 11.13 subdivision 1h, is amended to read: 11.14 Subd. 1h. [LIMITATIONS ON DENIALS, CONDITIONS, AND PRICING 11.15 OF COVERAGE.] No health carrier issuing Medicare-related 11.16 coverage in this state may impose preexisting condition 11.17 limitations or otherwise deny or condition the issuance or 11.18 effectiveness of any such coverage available for sale in this 11.19 state, nor may it discriminate in the pricing of such coverage, 11.20 because of the health status, claims experience, receipt of 11.21 health care, medical condition, or age of an applicant where an 11.22 application for such coverage is submitted prior to or during 11.23 the six-month period beginning with the first day of the month 11.24 in which an individual first enrolled for benefits under 11.25 Medicare Part B. This subdivision applies to each 11.26 Medicare-related coverage offered by a health carrier regardless 11.27 of whether the individual has attained the age of 65 years. If 11.28 an individual who is enrolled in Medicare Part B due to 11.29 disability status is involuntarily disenrolled due to loss of 11.30 disability status, the individual is eligible for another 11.31 six-month enrollment period provided under this subdivision 11.32 beginning the first day of the month in which the individual 11.33 later becomes eligible for and enrolls again in Medicare Part 11.34 B. An individual who is or was previously enrolled in Medicare 11.35 Part B due to disability status is eligible for another 11.36 six-month enrollment period under this subdivision beginning the 12.1 first day of the month in which the individual has attained the 12.2 age of 65 years and either maintains enrollment in, or enrolls 12.3 again in, Medicare Part B. If an individual enrolled in 12.4 Medicare Part B voluntarily disenrolls from Medicare Part B 12.5 because the individual becomesreemployed and isenrolled under 12.6 an employee welfare benefit plan, the individual is eligible for 12.7 another six-month enrollment period, as provided in this 12.8 subdivision, beginning the first day of the month in which the 12.9 individual later becomes eligible for and enrolls again in 12.10 Medicare Part B. 12.11 Sec. 11. Minnesota Statutes 2004, section 62A.315, is 12.12 amended to read: 12.13 62A.315 [EXTENDED BASIC MEDICARE SUPPLEMENT PLAN; 12.14 COVERAGE.] 12.15 The extended basic Medicare supplement plan must have a 12.16 level of coverage so that it will be certified as a qualified 12.17 plan pursuant to section 62E.07, and will provide: 12.18 (1) coverage for all of the Medicare Part A inpatient 12.19 hospital deductible and coinsurance amounts, and 100 percent of 12.20 all Medicare Part A eligible expenses for hospitalization not 12.21 covered by Medicare; 12.22 (2) coverage for the daily co-payment amount of Medicare 12.23 Part A eligible expenses for the calendar year incurred for 12.24 skilled nursing facility care; 12.25 (3) coverage for the coinsurance amount or in the case of 12.26 hospital outpatient department services paid under a prospective 12.27 payment system, the co-payment amount, of Medicare eligible 12.28 expenses under Medicare Part B regardless of hospital 12.29 confinement, and the Medicare Part B deductible amount; 12.30 (4) 80 percent of the usual and customary hospital and 12.31 medical expenses and supplies described in section 62E.06, 12.32 subdivision 1, not to exceed any charge limitation established 12.33 by the Medicare program or state law, the usual and customary 12.34 hospital and medical expenses and supplies, described in section 12.35 62E.06, subdivision 1, while in a foreign country, and 12.36 prescription drug expenses, not covered by Medicare; 13.1 (5) coverage for the reasonable cost of the first three 13.2 pints of blood, or equivalent quantities of packed red blood 13.3 cells as defined under federal regulations under Medicare parts 13.4 A and B, unless replaced in accordance with federal regulations; 13.5 (6) 100 percent of the cost of immunizations not otherwise 13.6 covered under Part D of the Medicare program and routine 13.7 screening procedures for cancer, including mammograms and pap 13.8 smears; 13.9 (7) preventive medical care benefit: coverage for the 13.10 following preventive health services not covered by Medicare: 13.11 (i) an annual clinical preventive medical history and 13.12 physical examination that may include tests and services from 13.13 clause (ii) and patient education to address preventive health 13.14 care measures; 13.15 (ii)any one or a combination of the followingpreventive 13.16 screening tests or preventive services, the selection and 13.17 frequency of which isconsidereddetermined to be medically 13.18 appropriate:by the attending physician. 13.19(A) fecal occult blood test and/or digital rectal13.20examination;13.21(B) dipstick urinalysis for hematuria, bacteriuria, and13.22proteinuria;13.23(C) pure tone (air only) hearing screening test13.24administered or ordered by a physician;13.25(D) serum cholesterol screening every five years;13.26(E) thyroid function test;13.27(F) diabetes screening;13.28(iii) any other tests or preventive measures determined13.29appropriate by the attending physician.13.30 Reimbursement shall be for the actual charges up to 100 13.31 percent of the Medicare-approved amount for each service as if 13.32 Medicare were to cover the service as identified in American 13.33 Medical Association current procedural terminology (AMA CPT) 13.34 codes to a maximum of $120 annually under this benefit. This 13.35 benefit shall not include payment for any procedure covered by 13.36 Medicare; 14.1 (8) at-home recovery benefit: coverage for services to 14.2 provide short-term at-home assistance with activities of daily 14.3 living for those recovering from an illness, injury, or surgery: 14.4 (i) for purposes of this benefit, the following definitions 14.5 shall apply: 14.6 (A) "activities of daily living" include, but are not 14.7 limited to, bathing, dressing, personal hygiene, transferring, 14.8 eating, ambulating, assistance with drugs that are normally 14.9 self-administered, and changing bandages or other dressings; 14.10 (B) "care provider" means a duly qualified or licensed home 14.11 health aide/homemaker, personal care aide, or nurse provided 14.12 through a licensed home health care agency or referred by a 14.13 licensed referral agency or licensed nurses registry; 14.14 (C) "home" means a place used by the insured as a place of 14.15 residence, provided that the place would qualify as a residence 14.16 for home health care services covered by Medicare. A hospital 14.17 or skilled nursing facility shall not be considered the 14.18 insured's place of residence; 14.19 (D) "at-home recovery visit" means the period of a visit 14.20 required to provide at-home recovery care, without limit on the 14.21 duration of the visit, except each consecutive four hours in a 14.22 24-hour period of services provided by a care provider is one 14.23 visit; 14.24 (ii) coverage requirements and limitations: 14.25 (A) at-home recovery services provided must be primarily 14.26 services that assist in activities of daily living; 14.27 (B) the insured's attending physician must certify that the 14.28 specific type and frequency of at-home recovery services are 14.29 necessary because of a condition for which a home care plan of 14.30 treatment was approved by Medicare; 14.31 (C) coverage is limited to: 14.32 (I) no more than the number and type of at-home recovery 14.33 visits certified as medically necessary by the insured's 14.34 attending physician. The total number of at-home recovery 14.35 visits shall not exceed the number of Medicare-approved home 14.36 health care visits under a Medicare-approved home care plan of 15.1 treatment; 15.2 (II) the actual charges for each visit up to a maximum 15.3 reimbursement of $100 per visit; 15.4 (III) $4,000 per calendar year; 15.5 (IV) seven visits in any one week; 15.6 (V) care furnished on a visiting basis in the insured's 15.7 home; 15.8 (VI) services provided by a care provider as defined in 15.9 this section; 15.10 (VII) at-home recovery visits while the insured is covered 15.11 under the policy or certificate and not otherwise excluded; 15.12 (VIII) at-home recovery visits received during the period 15.13 the insured is receiving Medicare-approved home care services or 15.14 no more than eight weeks after the service date of the last 15.15 Medicare-approved home health care visit; 15.16 (iii) coverage is excluded for: 15.17 (A) home care visits paid for by Medicare or other 15.18 government programs; and 15.19 (B) care provided by unpaid volunteers or providers who are 15.20 not care providers. 15.21 Sec. 12. Minnesota Statutes 2004, section 62A.316, is 15.22 amended to read: 15.23 62A.316 [BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.] 15.24 (a) The basic Medicare supplement plan must have a level of 15.25 coverage that will provide: 15.26 (1) coverage for all of the Medicare part A inpatient 15.27 hospital coinsurance amounts, and 100 percent of all Medicare 15.28 part A eligible expenses for hospitalization not covered by 15.29 Medicare, after satisfying the Medicare part A deductible; 15.30 (2) coverage for the daily co-payment amount of Medicare 15.31 part A eligible expenses for the calendar year incurred for 15.32 skilled nursing facility care; 15.33 (3) coverage for the coinsurance amount, or in the case of 15.34 outpatient department services paid under a prospective payment 15.35 system, the co-payment amount, of Medicare eligible expenses 15.36 under Medicare part B regardless of hospital confinement, 16.1 subject to the Medicare part B deductible amount; 16.2 (4) 80 percent of the hospital and medical expenses and 16.3 supplies incurred during travel outside the United States as a 16.4 result of a medical emergency; 16.5 (5) coverage for the reasonable cost of the first three 16.6 pints of blood, or equivalent quantities of packed red blood 16.7 cells as defined under federal regulations under Medicare parts 16.8 A and B, unless replaced in accordance with federal regulations; 16.9 (6) 100 percent of the cost of immunizations not otherwise 16.10 covered under Part D of the Medicare program and routine 16.11 screening procedures for cancer screening including mammograms 16.12 and pap smears; and 16.13 (7) 80 percent of coverage for all physician prescribed 16.14 medically appropriate and necessary equipment and supplies used 16.15 in the management and treatment of diabetes not otherwise 16.16 covered under Part D of the Medicare program. Coverage must 16.17 include persons with gestational, type I, or type II diabetes. 16.18 (b) Only the following optional benefit riders may be added 16.19 to this plan: 16.20 (1) coverage for all of the Medicare part A inpatient 16.21 hospital deductible amount; 16.22 (2) a minimum of 80 percent of eligible medical expenses 16.23 and supplies not covered by Medicare part B, not to exceed any 16.24 charge limitation established by the Medicare program or state 16.25 law; 16.26 (3) coverage for all of the Medicare part B annual 16.27 deductible; 16.28 (4) coverage for at least 50 percent, or the equivalent of 16.29 50 percent, of usual and customary prescription drug expenses; 16.30 (5)coverage for the followingpreventivehealth services16.31 medical care benefit coverage for the following preventative 16.32 health services not covered by Medicare: 16.33 (i) an annual clinical preventive medical history and 16.34 physical examination that may include tests and services from 16.35 clause (ii) and patient education to address preventive health 16.36 care measures; 17.1 (ii)any one or a combination of the followingpreventive 17.2 screening tests or preventive services, the selection and 17.3 frequency of which isconsidereddetermined to be medically 17.4 appropriate:by the attending physician. 17.5(A) fecal occult blood test and/or digital rectal17.6examination;17.7(B) dipstick urinalysis for hematuria, bacteriuria, and17.8proteinuria;17.9(C) pure tone (air only) hearing screening test,17.10administered or ordered by a physician;17.11(D) serum cholesterol screening every five years;17.12(E) thyroid function test;17.13(F) diabetes screening;17.14(iii) any other tests or preventive measures determined17.15appropriate by the attending physician.17.16 Reimbursement shall be for the actual charges up to 100 17.17 percent of the Medicare-approved amount for each service, as if 17.18 Medicare were to cover the service as identified in American 17.19 Medical Association current procedural terminology (AMA CPT) 17.20 codes, to a maximum of $120 annually under this benefit. This 17.21 benefit shall not include payment for a procedure covered by 17.22 Medicare; 17.23 (6) coverage for services to provide short-term at-home 17.24 assistance with activities of daily living for those recovering 17.25 from an illness, injury, or surgery: 17.26 (i) For purposes of this benefit, the following definitions 17.27 apply: 17.28 (A) "activities of daily living" include, but are not 17.29 limited to, bathing, dressing, personal hygiene, transferring, 17.30 eating, ambulating, assistance with drugs that are normally 17.31 self-administered, and changing bandages or other dressings; 17.32 (B) "care provider" means a duly qualified or licensed home 17.33 health aide/homemaker, personal care aid, or nurse provided 17.34 through a licensed home health care agency or referred by a 17.35 licensed referral agency or licensed nurses registry; 17.36 (C) "home" means a place used by the insured as a place of 18.1 residence, provided that the place would qualify as a residence 18.2 for home health care services covered by Medicare. A hospital 18.3 or skilled nursing facility shall not be considered the 18.4 insured's place of residence; 18.5 (D) "at-home recovery visit" means the period of a visit 18.6 required to provide at-home recovery care, without limit on the 18.7 duration of the visit, except each consecutive four hours in a 18.8 24-hour period of services provided by a care provider is one 18.9 visit; 18.10 (ii) Coverage requirements and limitations: 18.11 (A) at-home recovery services provided must be primarily 18.12 services that assist in activities of daily living; 18.13 (B) the insured's attending physician must certify that the 18.14 specific type and frequency of at-home recovery services are 18.15 necessary because of a condition for which a home care plan of 18.16 treatment was approved by Medicare; 18.17 (C) coverage is limited to: 18.18 (I) no more than the number and type of at-home recovery 18.19 visits certified as necessary by the insured's attending 18.20 physician. The total number of at-home recovery visits shall 18.21 not exceed the number of Medicare-approved home care visits 18.22 under a Medicare-approved home care plan of treatment; 18.23 (II) the actual charges for each visit up to a maximum 18.24 reimbursement of $40 per visit; 18.25 (III) $1,600 per calendar year; 18.26 (IV) seven visits in any one week; 18.27 (V) care furnished on a visiting basis in the insured's 18.28 home; 18.29 (VI) services provided by a care provider as defined in 18.30 this section; 18.31 (VII) at-home recovery visits while the insured is covered 18.32 under the policy or certificate and not otherwise excluded; 18.33 (VIII) at-home recovery visits received during the period 18.34 the insured is receiving Medicare-approved home care services or 18.35 no more than eight weeks after the service date of the last 18.36 Medicare-approved home health care visit; 19.1 (iii) Coverage is excluded for: 19.2 (A) home care visits paid for by Medicare or other 19.3 government programs; and 19.4 (B) care provided by family members, unpaid volunteers, or 19.5 providers who are not care providers; 19.6 (7) coverage for at least 50 percent, or the equivalent of 19.7 50 percent, of usual and customary prescription drug expenses to 19.8 a maximum of $1,200 paid by the issuer annually under this 19.9 benefit. An issuer of Medicare supplement insurance policies 19.10 that elects to offer this benefit rider shall also make 19.11 available coverage that contains the rider specified in clause 19.12 (4). 19.13 Sec. 13. Minnesota Statutes 2004, section 62E.13, 19.14 subdivision 2, is amended to read: 19.15 Subd. 2. [SELECTION OF WRITING CARRIER.] The association 19.16 may select policies and contracts, or parts thereof, submitted 19.17 by a member or members of the association, or by the association 19.18 or others, to develop specifications for bids from any entity 19.19 which wishes to be selected as a writing carrier to administer 19.20 the state plan. The selection of the writing carrier shall be 19.21 based upon criteria established by the board of directors of the 19.22 association and approved by the commissioner. The criteria 19.23 shall outline specific qualifications that an entity must 19.24 satisfy in order to be selected and, at a minimum, shall include 19.25 the entity's proven ability to handle large group accident and 19.26 health insurance cases, efficient claim paying capacity, and the 19.27 estimate of total charges for administering the plan. The 19.28 association may select separate writing carriers for the two 19.29 types of qualified plans and the $2,000, $5,000, and $10,000 19.30 deductible plans, thequalifiedMedicare supplementplanplans, 19.31 and the health maintenance organization contract. 19.32 Sec. 14. [62L.056] [SMALL EMPLOYER FLEXIBLE BENEFITS 19.33 PLANS.] 19.34 (a) Notwithstanding any provision of this chapter or 19.35 chapter 363A, a health carrier may offer, sell, issue, and renew 19.36 a health benefit plan that is a flexible benefits plan under 20.1 this section to a small employer if the following requirements 20.2 are satisfied: 20.3 (1) the health carrier is assessed less than ten percent of 20.4 the total amount assessed by the Minnesota Comprehensive Health 20.5 Association; 20.6 (2) the health benefit plan must be offered in compliance 20.7 with this chapter, except as otherwise permitted in this 20.8 section; 20.9 (3) the health benefit plan to be offered must be designed 20.10 to enable employers and covered persons to better manage costs 20.11 and coverage options through the use of co-pays, deductibles, 20.12 and other cost-sharing arrangements; 20.13 (4) the health benefit plan must be issued and administered 20.14 in compliance with sections 62E.141; 62L.03, subdivision 6; and 20.15 62L.12, subdivisions 3 and 4, relating to prohibitions against 20.16 enrolling in the Minnesota Comprehensive Health Association 20.17 persons eligible for employer group coverage; 20.18 (5) the health benefit plan may modify or exclude any or 20.19 all coverages of benefits that would otherwise be required by 20.20 law, except for maternity benefits and other benefits required 20.21 under federal law, and provided further that maternity benefits 20.22 may be excluded only if every employee of the small employer 20.23 approves the exclusion; 20.24 (6) the health benefit plan may modify or exclude any or 20.25 all coverages of services when provided by specific types of 20.26 health care providers otherwise required by law, except as 20.27 required by federal law; 20.28 (7) each health benefit plan must be approved by the 20.29 commissioner of commerce, but the commissioner may not 20.30 disapprove a plan on the grounds of a modification or exclusion 20.31 permitted under clause (5) or (6); and 20.32 (8) prior to sale of the health benefit plan, the small 20.33 employer must be given a written list of the coverages otherwise 20.34 required by law that are modified or excluded in the health 20.35 benefit plan. The list must include a description of each 20.36 coverage in the list and indicate whether the coverage is 21.1 modified or excluded. If a coverage is modified, the list must 21.2 describe the modification. The list may, but need not, also 21.3 list any or all coverages otherwise required by law that are 21.4 included in the health benefit plan and indicate that they are 21.5 included. 21.6 (b) The definitions in section 62L.02 apply to this section 21.7 as modified by this section. 21.8 (c) An employer may provide a health benefit plan permitted 21.9 under this section to its employees, the employees' dependents, 21.10 and other persons eligible for coverage under the employer's 21.11 plan notwithstanding chapter 363A. 21.12 Sec. 15. Minnesota Statutes 2004, section 62Q.471, is 21.13 amended to read: 21.14 62Q.471 [EXCLUSION FOR SUICIDE ATTEMPTS PROHIBITED.] 21.15 (a) No health plan may exclude or reduce coverage for 21.16 health care for an enrollee who is otherwise covered under the 21.17 health plan on the basis that the need for the health care arose 21.18 out of a suicide or suicide attempt by the enrollee. 21.19 (b) For purposes of this section, "health plan" has the 21.20 meaning given in section 62Q.01, subdivision 3, but includes the 21.21 coverages described in section 62A.011, clauses (4), (6), 21.22 and (7)andthrough (10). 21.23 Sec. 16. Minnesota Statutes 2004, section 65A.29, 21.24 subdivision 11, is amended to read: 21.25 Subd. 11. [NONRENEWAL.] Every insurer shall establish a 21.26 plan that sets out the minimum number and amount of claims 21.27 during an experience period that may result in a 21.28 nonrenewal. For purposes of the plan, the insurer may not 21.29 consider as a claim the insured's inquiry about a hypothetical 21.30 claim, or the insured's inquiry to the insured's agent regarding 21.31 a potential claim. 21.32 No homeowner's insurance policy may be nonrenewed based on 21.33 the insured's loss experience unless the insurer has sent a 21.34 written notice that any future losses may result in nonrenewal 21.35 due to loss experience. 21.36 Any nonrenewal of a homeowner's insurance policy must, at a 22.1 minimum, comply with the requirements of subdivision 8 and the 22.2 rules adopted by the commissioner. 22.3 Sec. 17. [65A.297] [ACTIVE DUTY MEMBER OF ARMED SERVICES 22.4 RESERVE OR NATIONAL GUARD; USE IN UNDERWRITING PROHIBITED.] 22.5 No insurer, including the Minnesota FAIR plan, shall refuse 22.6 to renew, decline to offer or write, reduce the limits of, 22.7 cancel, or charge differential rates for equivalent coverage for 22.8 any coverage in a homeowner's policy because the dwelling is 22.9 vacant or occupied by a caretaker if the insured's absence is 22.10 caused solely by the insured being called to active duty as a 22.11 member of the armed services reserve or the National Guard. 22.12 Sec. 18. [65B.286] [SNOWMOBILE AUXILIARY LIGHTING SYSTEM 22.13 DISCOUNT.] 22.14 Subdivision 1. [DEFINITION.] For the purposes of this 22.15 section, the term "auxiliary hazard warning lighting system" 22.16 means a system installed by the manufacturer of a snowmobile as 22.17 original equipment or installed in a snowmobile by the 22.18 manufacturer or an authorized dealer of that manufacturer as an 22.19 aftermarket system that does the following when activated: 22.20 (1) a yellow light emitting diode (L.E.D.) light on the 22.21 front of the snowmobile that flashes at least once per second 22.22 and is visible at least one-half mile in front of the 22.23 snowmobile; and 22.24 (2) a red light emitting diode (L.E.D.) light on the rear 22.25 of the snowmobile that flashes at least once per second and is 22.26 visible at least one-half mile from behind the snowmobile. 22.27 Subd. 2. [REQUIRED REDUCTION.] An insurer must provide an 22.28 appropriate premium reduction of at least five percent on a 22.29 policy insuring the snowmobile, or on that portion of a policy 22.30 insuring a snowmobile that is issued, delivered, or renewed in 22.31 this state, to the insured whose snowmobile is equipped with an 22.32 authorized auxiliary hazard warning lighting system. The 22.33 premium reduction required by this subdivision applies to every 22.34 snowmobile of the insured that is equipped with an auxiliary 22.35 hazard warning lighting system. 22.36 Sec. 19. Minnesota Statutes 2004, section 65B.48, 23.1 subdivision 3, is amended to read: 23.2 Subd. 3. Self-insurance, subject to approval of the 23.3 commissioner, is effected by filing with the commissioner in 23.4 satisfactory form: 23.5 (1) a continuing undertaking by the owner or other 23.6 appropriate person to pay tort liabilities or basic economic 23.7 loss benefits, or both, and to perform all other obligations 23.8 imposed by sections 65B.41 to 65B.71; 23.9 (2) evidence that appropriate provision exists for prompt 23.10 administration of all claims, benefits, and obligations provided 23.11 by sections 65B.41 to 65B.71; 23.12 (3) evidence that reliable financial arrangements, 23.13 deposits, or commitments exist providing assurance, 23.14 substantially equivalent to that afforded by a policy of 23.15 insurance complying with sections 65B.41 to 65B.71, for payment 23.16 of tort liabilities, basic economic loss benefits, and all other 23.17 obligations imposed by sections 65B.41 to 65B.71; and 23.18 (4) a nonrefundable initial application fee 23.19 of$1,500$2,500 andan annuala renewal fee of$400$1,200 23.20 for political subdivisions and$500$1,500 for nonpolitical 23.21 entities every three years. 23.22 Sec. 20. Minnesota Statutes 2004, section 72A.20, 23.23 subdivision 13, is amended to read: 23.24 Subd. 13. [REFUSAL TO RENEW.] Refusing to renew, declining 23.25 to offer or write, or charging differential rates for an 23.26 equivalent amount of homeowner's insurance coverage, as defined 23.27 by section 65A.27, for property located in a town or statutory 23.28 or home rule charter city, in which the insurer offers to sell 23.29 or writes homeowner's insurance, solely because: 23.30 (a) of the geographic area in which the property is 23.31 located; 23.32 (b) of the age of the primary structure sought to be 23.33 insured; 23.34 (c) the insured or prospective insured was denied coverage 23.35 of the property by another insurer, whether by cancellation, 23.36 nonrenewal or declination to offer coverage, for a reason other 24.1 than those specified in section 65A.01, subdivision 3a, clauses 24.2 (a) to (e);or24.3 (d) the property of the insured or prospective insured has 24.4 been insured under the Minnesota FAIR Plan Act, shall constitute 24.5 an unfair method of competition and an unfair and deceptive act 24.6 or practice; or 24.7 (e) the insured has inquired about coverage for a 24.8 hypothetical claim or has made an inquiry to the insured's agent 24.9 regarding a potential claim. 24.10 This subdivision prohibits an insurer from filing or 24.11 charging different rates for different zip code areas within the 24.12 same town or statutory or home rule charter city. 24.13 This subdivision shall not prohibit the insurer from 24.14 applying underwriting or rating standards which the insurer 24.15 applies generally in all other locations in the state and which 24.16 are not specifically prohibited by clauses (a) to(d)(e). Such 24.17 underwriting or rating standards shall specifically include but 24.18 not be limited to standards based upon the proximity of the 24.19 insured property to an extraordinary hazard or based upon the 24.20 quality or availability of fire protection services or based 24.21 upon the density or concentration of the insurer's risks. 24.22 Clause (b) shall not prohibit the use of rating standards based 24.23 upon the age of the insured structure's plumbing, electrical, 24.24 heating or cooling system or other part of the structure, the 24.25 age of which affects the risk of loss. Any insurer's failure to 24.26 comply with section 65A.29, subdivisions 2 to 4, either (1) by 24.27 failing to give an insured or applicant the required notice or 24.28 statement or (2) by failing to state specifically a bona fide 24.29 underwriting or other reason for the refusal to write shall 24.30 create a presumption that the insurer has violated this 24.31 subdivision. 24.32 Sec. 21. Minnesota Statutes 2004, section 72A.20, 24.33 subdivision 36, is amended to read: 24.34 Subd. 36. [LIMITATIONS ON THE USE OF CREDIT INFORMATION.] 24.35 (a) No insurer or group of affiliated insurers may reject, 24.36 cancel, or nonrenew a policy of private passenger motor vehicle 25.1 insurance as defined under section 65B.01 or a policy of 25.2 homeowner's insurance as defined under section 65A.27, for any 25.3 person in whole or in part on the basis of credit information, 25.4 including a credit reporting product known as a "credit score" 25.5 or "insurance score," without consideration and inclusion of any 25.6 other applicable underwriting factor. 25.7 (b) If credit information, credit scoring, or insurance 25.8 scoring is to be used in underwriting, the insurer must disclose 25.9 to the consumer that credit information will be obtained and 25.10 used as part of the insurance underwriting process. 25.11 (c) Insurance inquiries and non-consumer-initiated 25.12 inquiries must not be used as part of the credit scoring or 25.13 insurance scoring process. 25.14 (d) If a credit score, insurance score, or other credit 25.15 information relating to a consumer, with respect to the types of 25.16 insurance referred to in paragraph (a), is adversely impacted or 25.17 cannot be generated because of the absence of a credit history, 25.18 the insurer must exclude the use of credit as a factor in the 25.19 decision to reject, cancel, or nonrenew. 25.20 (e) Insurers must upon the request of a policyholder 25.21 reevaluate the policyholder's score. Any change in premium 25.22 resulting from the reevaluation must be effective upon the 25.23 renewal of the policy. An insurer is not required to reevaluate 25.24 a policyholder's score pursuant to this paragraph more than 25.25 twice in any given calendar year. 25.26 (f) Insurers must upon request of the applicant or 25.27 policyholder provide reasonable underwriting exceptions based 25.28 upon prior credit histories for persons whose credit information 25.29 is unduly influenced by expenses related to a catastrophic 25.30 injury or illness, temporary loss of employment, or the death of 25.31 an immediate family member. The insurer may require reasonable 25.32 documentation of these events prior to granting an exception. 25.33(f)(g) A credit scoring or insurance scoring methodology 25.34 must not be used by an insurer if the credit scoring or 25.35 insurance scoring methodology incorporates the gender, race, 25.36 nationality, or religion of an insured or applicant. 26.1(g)(h) Insurers that employ a credit scoring or insurance 26.2 scoring system in underwriting of coverage described in 26.3 paragraph (a) must have on file with the commissioner: 26.4 (1) the insurer's credit scoring or insurance scoring 26.5 methodology; and 26.6 (2) information that supports the insurer's use of a credit 26.7 score or insurance score as an underwriting criterion. 26.8(h)(i) Insurers described in paragraph (g) shall file the 26.9 required information with the commissioner within 120 days of 26.10 August 1, 2002, or prior to implementation of a credit scoring 26.11 or insurance scoring system by the insurer, if that date is 26.12 later. 26.13(i)(j) Information provided by, or on behalf of, an 26.14 insurer to the commissioner under this subdivision is trade 26.15 secret information under section 13.37. 26.16 Sec. 22. Minnesota Statutes 2004, section 79.211, is 26.17 amended by adding a subdivision to read: 26.18 Subd. 4. [EXPERIENCE MODIFICATION FACTOR REVISION FOR 26.19 CERTAIN CLOSED CLAIMS.] An insurer or an employer insured under 26.20 a workers' compensation policy subject to an experience rating 26.21 plan may request in writing of the data service organization 26.22 computing the policy's experience modification factor that the 26.23 most recent factor be revised if each of the following criteria 26.24 is met: 26.25 (1) a workers' compensation claim under that policy is 26.26 closed between the normal valuation date for that claim and the 26.27 next time that valuation is used in computing the experience 26.28 modification factor on the policy; 26.29 (2) the data service organization receives a revised unit 26.30 statistical report containing data on the closed claim in a form 26.31 consistent with its filed unit statistical plan; and 26.32 (3) inclusion of the closed claim in the experience 26.33 modification factor calculation would impact that factor by five 26.34 percentage points or more. 26.35 Sec. 23. Minnesota Statutes 2004, section 79.40, is 26.36 amended to read: 27.1 79.40 [PREMIUM INCLUSION IN RATEMAKING.] 27.2 Premiums charged members by the reinsurance association 27.3 shall be recognized in the ratemaking procedures for insurance 27.4 ratesin the same manner as assessments for the special27.5compensation fund. 27.6 Sec. 24. Minnesota Statutes 2004, section 79.56, 27.7 subdivision 1, is amended to read: 27.8 Subdivision 1. [PREFILING OF RATES.] (a) Each insurer 27.9 shall file with the commissioner a complete copy of its rates 27.10 and rating plan, and all changes and amendments thereto, and 27.11 such supporting data and information that the commissioner may 27.12 by rule require, at least 60 days prior to its effective date. 27.13 The commissioner shall advise an insurer within 30 days of the 27.14 filing if its submission is not accompanied with such supporting 27.15 data and information that the commissioner by rule may require. 27.16 The commissioner may extend the filing review period and 27.17 effective date for an additional 30 days if an insurer, after 27.18 having been advised of what supporting data and information is 27.19 necessary to complete its filing, does not provide such 27.20 information within 15 days of having been so notified. If any 27.21 rate or rating plan filing or amendment thereto is not 27.22 disapproved by the commissioner within the filing review period, 27.23 the insurer may implement it. For the period August 1, 1995, to 27.24 December 31, 1995, the filing shall be made at least 90 days 27.25 prior to the effective date and the department shall advise an 27.26 insurer within 60 days of such filing if the filing is 27.27 insufficient under this section. 27.28 (b) A rating plan or rates are not subject to the 27.29 requirements of paragraph (a), where the insurer files a 27.30 certification verifying that it will use the mutually agreed 27.31 upon rating plan or rates only to write a specific employer that 27.32 generates $250,000 in annual written workers' compensation 27.33 premiums before the application of any large deductible rating 27.34 plan. The certification must be refiled upon each renewal of 27.35 the employer's policy. The $250,000 threshold includes premiums 27.36 generated in any state. The designation and certification must 28.1 be submitted in substantially the following form: 28.2 Name and address of insurer:................................. 28.3 Name and address of insured employer:........................ 28.4 Policy period:............................................... 28.5 I certify that the employer named above generates $250,000 or 28.6 more in annual countrywide written workers' compensation 28.7 premiums, and that the calculation of this threshold is based on 28.8 the rates and rating plans that have been approved by the 28.9 appropriate state regulatory authority. The filing of this 28.10 certification authorizes the use of this rate or rating plan 28.11 only for the named employer. 28.12 Name of responsible officer:................................. 28.13 Title:....................................................... 28.14 Signature:................................................... 28.15 Sec. 25. Minnesota Statutes 2004, section 79.56, 28.16 subdivision 3, is amended to read: 28.17 Subd. 3. [PENALTIES.](a)Any insurer using a rate or a 28.18 rating plan which has not been filed or certified under 28.19 subdivision 1 shall be subject to a fine of up to $100 for each 28.20 day the failure to file continues. The commissioner may, after 28.21 a hearing on the record, find that the failure is willful. A 28.22 willful failure to meet filing requirements shall be punishable 28.23 by a fine of up to $500 for each day during which a willful 28.24 failure continues. These penalties shall be in addition to any 28.25 other penalties provided by law. 28.26(b) Notwithstanding this subdivision, an employer that28.27generates $250,000 in annual written workers' compensation28.28premium under the rates and rating plan of an insurer before the28.29application of any large deductible rating plans, may be written28.30by that insurer using rates or rating plans that are not subject28.31to disapproval but which have been filed. For the purposes of28.32this paragraph, written workers' compensation premiums generated28.33from states other than Minnesota are included in calculating the28.34$250,000 threshold for large risk alternative rating option28.35plans.28.36 Sec. 26. Minnesota Statutes 2004, section 79.62, 29.1 subdivision 3, is amended to read: 29.2 Subd. 3. [ISSUANCE.] The commissioner, upon finding that 29.3 the applicant organization is qualified to provide the services 29.4 required and proposed, or has contracted with a licensed data 29.5 service organization to purchase these services which are 29.6 required by this chapter but are not provided directly by the 29.7 applicant, and that all requirements of law are met, shall issue 29.8 a license. Each license is subject to annual renewal effective 29.9 June 30. Each new or renewal license application must be 29.10 accompanied by a fee of$50$1,000. 29.11 Sec. 27. Minnesota Statutes 2004, section 79A.03, 29.12 subdivision 9, is amended to read: 29.13 Subd. 9. [FILING REPORTS.] (a) Incurred losses, paid and 29.14 unpaid, specifying indemnity and medical losses by 29.15 classification, payroll by classification, and current estimated 29.16 outstanding liability for workers' compensation shall be 29.17 reported to the commissioner by each self-insurer on a calendar 29.18 year basis, in a manner and on forms available from the 29.19 commissioner. Payroll information must be filed by April 1 of 29.20 the following year. 29.21 (b) Each self-insurer shall, under oath, attest to the 29.22 accuracy of each report submitted pursuant to paragraph (a). 29.23 Upon sufficient cause, the commissioner shall require the 29.24 self-insurer to submit a certified audit of payroll and claim 29.25 records conducted by an independent auditor approved by the 29.26 commissioner, based on generally accepted accounting principles 29.27 and generally accepted auditing standards, and supported by an 29.28 actuarial review and opinion of the future contingent 29.29 liabilities. The basis for sufficient cause shall include the 29.30 following factors: where the losses reported appear 29.31 significantly different from similar types of businesses; where 29.32 major changes in the reports exist from year to year, which are 29.33 not solely attributable to economic factors; or where the 29.34 commissioner has reason to believe that the losses and payroll 29.35 in the report do not accurately reflect the losses and payroll 29.36 of that employer. If any discrepancy is found, the commissioner 30.1 shall require changes in the self-insurer's or workers' 30.2 compensation service company record-keeping practices. 30.3 (c) An annual status report due August 1 by each 30.4 self-insurer shall be filed in a manner and on forms prescribed 30.5 by the commissioner. 30.6 (d) Each individual self-insurer shall, within four months 30.7 after the end of its fiscal year, annually file with the 30.8 commissioner its latest 10K report required by the Securities 30.9 and Exchange Commission. If an individual self-insurer does not 30.10 prepare a 10K report, it shall file an annual certified 30.11 financial statement, together with such other financial 30.12 information as the commissioner may require to substantiate data 30.13 in the financial statement. 30.14 (e) Each member of the group shall, withinsevensix months 30.15 after the end of each fiscal year for that group,filesubmit to 30.16 a certified public accountant designated by the group, the most 30.17 recent annual financial statement, reviewed by a certified 30.18 public accountant in accordance with the Statements on Standards 30.19 for Accounting and Review Services, Volume 2, the American 30.20 Institute of Certified Public Accountants Professional 30.21 Standards, or audited in accordance with generally accepted 30.22 auditing standards, together with such other financial 30.23 information the commissioner may require. In addition, the 30.24 group shall file with the commissioner, within seven months 30.25 after the end of each fiscal year for that group, combining 30.26 financial statements of the group members, compiled by a 30.27 certified public accountant in accordance with the Statements on 30.28 Standards for Accounting and Review Services, Volume 2, the 30.29 American Institute of Certified Public Accountants Professional 30.30 Standards. The combining financial statements shall include, 30.31 but not be limited to, a balance sheet, income statement, 30.32 statement of changes in net worth, and statement of cash flow. 30.33 Each combining financial statement shall include a column for 30.34 each individual group member along with a total column. Each 30.35 combined statement shall have a statement from the certified 30.36 public accountant confirming that each member has submitted the 31.1 required financial statement as defined in this section. The 31.2 certified public accountant shall notify the commissioner if any 31.3 statement is qualified or otherwise conditional. The 31.4 commissioner may require additional financial information from 31.5 any group member. 31.6 Where a group has 50 or more members, the group shall file, 31.7 in lieu of the combining financial statements, a combined 31.8 financial statement showing only the total column for the entire 31.9 group's balance sheet, income statement, statement of changes in 31.10 net worth, and statement of cash flow. Additionally, the group 31.11 shall disclose, for each member, the total assets, net worth, 31.12 revenue, and income for the most recent fiscal year. The 31.13 combining and combined financial statements may omit all 31.14 footnote disclosures. 31.15 (f) In addition to the financial statements required by 31.16 paragraphs (d) and (e), interim financial statements or 10Q 31.17 reports required by the Securities and Exchange Commission may 31.18 be required by the commissioner upon an indication that there 31.19 has been deterioration in the self-insurer's financial 31.20 condition, including a worsening of current ratio, lessening of 31.21 net worth, net loss of income, the downgrading of the company's 31.22 bond rating, or any other significant change that may adversely 31.23 affect the self-insurer's ability to pay expected losses. Any 31.24 self-insurer that files an 8K report with the Securities and 31.25 Exchange Commission shall also file a copy of the report with 31.26 the commissioner within 30 days of the filing with the 31.27 Securities and Exchange Commission. 31.28 Sec. 28. Minnesota Statutes 2004, section 79A.04, 31.29 subdivision 2, is amended to read: 31.30 Subd. 2. [MINIMUM DEPOSIT.] The minimum deposit is 110 31.31 percent of the private self-insurer's estimated future 31.32 liability. The deposit may be used to secure payment of all 31.33 administrative and legal costs, and unpaid assessments required 31.34 by section 79A.12, subdivision 2, relating to or arising from 31.35 its or other employers' self-insuring. As used in this section, 31.36 "private self-insurer" includes both current and former members 32.1 of the self-insurers' security fund; and "private self-insurers' 32.2 estimated future liability" means the private self-insurers' 32.3 total of estimated future liability as determined by an 32.4 Associate or Fellow of the Casualty Actuarial Society every year 32.5 for group member private self-insurers and, for a nongroup 32.6 member private self-insurer's authority to self-insure, every 32.7 year for the first five years. After the first five years, the 32.8 nongroup member's total shall be as determined by an Associate 32.9 or Fellow of the Casualty Actuarial Society at least every two 32.10 years, and each such actuarial study shall include a projection 32.11 of future losses during the period until the next scheduled 32.12 actuarial study, less payments anticipated to be made during 32.13 that time. 32.14 All data and information furnished by a private 32.15 self-insurer to an Associate or Fellow of the Casualty Actuarial 32.16 Society for purposes of determining private self-insurers' 32.17 estimated future liability must be certified by an officer of 32.18 the private self-insurer to be true and correct with respect to 32.19 payroll and paid losses, and must be certified, upon information 32.20 and belief, to be true and correct with respect to reserves. 32.21 The certification must be made by sworn affidavit. In addition 32.22 to any other remedies provided by law, the certification of 32.23 false data or information pursuant to this subdivision may 32.24 result in a fine imposed by the commissioner of commerce on the 32.25 private self-insurer up to the amount of $5,000, and termination 32.26 of the private self-insurers' authority to self-insure. The 32.27 determination of private self-insurers' estimated future 32.28 liability by an Associate or Fellow of the Casualty Actuarial 32.29 Society shall be conducted in accordance with standards and 32.30 principles for establishing loss and loss adjustment expense 32.31 reserves by the Actuarial Standards Board, an affiliate of the 32.32 American Academy of Actuaries. The commissioner may reject an 32.33 actuarial report that does not meet the standards and principles 32.34 of the Actuarial Standards Board, and may further disqualify the 32.35 actuary who prepared the report from submitting any future 32.36 actuarial reports pursuant to this chapter. Within 30 days 33.1 after the actuary has been served by the commissioner with a 33.2 notice of disqualification, an actuary who is aggrieved by the 33.3 disqualification may request a hearing to be conducted in 33.4 accordance with chapter 14. Based on a review of the actuarial 33.5 report, the commissioner of commerce may require an increase in 33.6 the minimum security deposit in an amount the commissioner 33.7 considers sufficient. 33.8 Estimated future liability is determined by first taking 33.9 the total amount of the self-insured's future liability of 33.10 workers' compensation claims and then deducting the total amount 33.11 which is estimated to be returned to the self-insurer from any 33.12 specific excess insurance coverage, aggregate excess insurance 33.13 coverage, and any supplementary benefits or second injury 33.14 benefits which are estimated to be reimbursed by the special 33.15 compensation fund. However, in the determination of estimated 33.16 future liability, the actuary for the self-insurer shall not 33.17 take a credit for any excess insurance or reinsurance which is 33.18 provided by a captive insurance company which is wholly owned by 33.19 the self-insurer. Supplementary benefits or second injury 33.20 benefits will not be reimbursed by the special compensation fund 33.21 unless the special compensation fund assessment pursuant to 33.22 section 176.129 is paid and the reports required thereunder are 33.23 filed with the special compensation fund. In the case of surety 33.24 bonds, bonds shall secure administrative and legal costs in 33.25 addition to the liability for payment of compensation reflected 33.26 on the face of the bond. In no event shall the security be less 33.27 than the last retention limit selected by the self-insurer with 33.28 the Workers' Compensation Reinsurance Association, provided that 33.29 the commissioner may allow former members to post less than the 33.30 Workers' Compensation Reinsurance Association retention level if 33.31 that amount is adequate to secure payment of the self-insurers' 33.32 estimated future liability, as defined in this subdivision, 33.33 including payment of claims, administrative and legal costs, and 33.34 unpaid assessments required by section 79A.12, subdivision 2. 33.35 The posting or depositing of security pursuant to this section 33.36 shall release all previously posted or deposited security from 34.1 any obligations under the posting or depositing and any surety 34.2 bond so released shall be returned to the surety. Any other 34.3 security shall be returned to the depositor or the person 34.4 posting the bond. 34.5 As a condition for the granting or renewing of a 34.6 certificate to self-insure, the commissioner may require a 34.7 private self-insurer to furnish any additional security the 34.8 commissioner considers sufficient to insure payment of all 34.9 claims under chapter 176. 34.10 Sec. 29. Minnesota Statutes 2004, section 79A.04, 34.11 subdivision 10, is amended to read: 34.12 Subd. 10. [NOTICE; OBLIGATION OF FUND.] In the event of 34.13 bankruptcy, insolvency, or certificate of default, the 34.14 commissioner shall immediately notify by certified mail the 34.15 commissioner of finance, the surety, the issuer of an 34.16 irrevocable letter of credit, and any custodian of the security 34.17 required in this chapter. At the time of notification, the 34.18 commissioner shall also call the security and transfer and 34.19 assign it to the self-insurers' security fund. The commissioner 34.20 shall also immediately notify by certified mail the 34.21 self-insurers' security fund, and order the security fund to 34.22 assume the insolvent self-insurers' obligations for which it is 34.23 liable under chapter 176. The security fund shall commence 34.24 payment of these obligations within 14 days of receipt of this 34.25 notification and order. Payments shall be made to claimants 34.26 whose entitlement to benefits can be ascertained by the security 34.27 fund, with or without proceedings before the Department of Labor 34.28 and Industry, the Office of Administrative Hearings, the 34.29 Workers' Compensation Court of Appeals, or the Minnesota Supreme 34.30 Court. Upon the assumption of obligations by the security fund 34.31 pursuant to the commissioner's notification and order, the 34.32 security fund has the right to immediate possession of any 34.33 posted or deposited security and the custodian, surety, or 34.34 issuer of any irrevocable letter of credit or the commissioner, 34.35 if in possession of it, shall turn over the security, proceeds 34.36 of the surety bond, or letter of credit to the security fund 35.1 together with the interest that has accrued since the date of 35.2 the self-insured employer's insolvency. The security fund has 35.3 the right to the immediate possession of all relevant worker's 35.4 compensation claim files and data of the self-insurer, and the 35.5 possessor of the files and data must turn the files and data, or 35.6 complete copies of them, over to the security fund within five 35.7 days of the notification provided under this subdivision. If 35.8 the possessor of the files and data fails to timely turn over 35.9 the files and data to the security fund, it is liable to the 35.10 security fund for a penalty of $500 per day for each day after 35.11 the five-day period has expired. The security fund is entitled 35.12 to recover its reasonable attorney fees and costs in any action 35.13 brought to obtain possession of the worker's compensation claim 35.14 files and data of the self-insurer, and for any action to 35.15 recover the penalties provided by this subdivision. The 35.16 self-insurers' security fund may administer payment of benefits 35.17 or it may retain a third-party administrator to do so. 35.18 Sec. 30. Minnesota Statutes 2004, section 79A.06, 35.19 subdivision 5, is amended to read: 35.20 Subd. 5. [PRIVATE EMPLOYERS WHO HAVE CEASED TO BE 35.21 SELF-INSURED.] (a) Private employers who have ceased to be 35.22 private self-insurers shall discharge their continuing 35.23 obligations to secure the payment of compensation which is 35.24 accrued during the period of self-insurance, for purposes of 35.25 Laws 1988, chapter 674, sections 1 to 21, by compliance with all 35.26 of the following obligations of current certificate holders: 35.27 (1) Filing reports with the commissioner to carry out the 35.28 requirements of this chapter; 35.29 (2) Depositing and maintaining a security deposit for 35.30 accrued liability for the payment of any compensation which may 35.31 become due, pursuant to chapter 176. However, if a private 35.32 employer who has ceased to be a private self-insurer purchases 35.33 an insurance policy from an insurer authorized to transact 35.34 workers' compensation insurance in this state which provides 35.35 coverage of all claims for compensation arising out of injuries 35.36 occurring during the entire period the employer was 36.1 self-insured, whether or not reported during that period, the 36.2 policy will: 36.3 (i) discharge the obligation of the employer to maintain a 36.4 security deposit for the payment of the claims covered under the 36.5 policy; 36.6 (ii) discharge any obligation which the self-insurers' 36.7 security fund has or may have for payment of all claims for 36.8 compensation arising out of injuries occurring during the period 36.9 the employer was self-insured, whether or not reported during 36.10 that period; and 36.11 (iii) discharge the obligations of the employer to pay any 36.12 future assessments to the self-insurers' security fund. 36.13 A private employer who has ceased to be a private 36.14 self-insurer may instead buy an insurance policy described 36.15 above, except that it covers only a portion of the period of 36.16 time during which the private employer was self-insured; 36.17 purchase of such a policy discharges any obligation that the 36.18 self-insurers' security fund has or may have for payment of all 36.19 claims for compensation arising out of injuries occurring during 36.20 the period for which the policy provides coverage, whether or 36.21 not reported during that period. 36.22 A policy described in this clause may not be issued by an 36.23 insurer unless it has previously been approved as to form and 36.24 substance by the commissioner; and 36.25 (3) Paying within 30 days all assessments of which notice 36.26 is sent by the security fund, for a period of seven years from 36.27 the last day its certificate of self-insurance was in effect. 36.28 Thereafter, the private employer who has ceased to be a private 36.29 self-insurer may either: (i) continue to pay within 30 days all 36.30 assessments of which notice is sent by the security fund until 36.31 it has no incurred liabilities for the payment of compensation 36.32 arising out of injuries during the period of self-insurance; or 36.33 (ii) pay the security fund a cash payment equal to four percent 36.34 of the net present value of all remaining incurred liabilities 36.35 for the payment of compensation under sections 176.101 and 36.36 176.111 as certified by a member of the casualty actuarial 37.1 society. Assessments shall be based on the benefits paid by the 37.2 employer during the calendar year immediately preceding the 37.3 calendar year in which the employer's right to self-insure is 37.4 terminated or withdrawn. 37.5 (b) With respect to a self-insurer who terminates its 37.6 self-insurance authority after April 1, 1998, that member shall 37.7 obtain and file with the commissioner an actuarial opinion of 37.8 its outstanding liabilities as determined by an associate or 37.9 fellow of the Casualty Actuarial Society within 120 days of the 37.10 date of its termination. If the actuarial opinion is not timely 37.11 filed, the self-insurers' security fund may, at its discretion, 37.12 engage the services of an actuary for this purpose. The expense 37.13 of this actuarial opinion must be assessed against and be the 37.14 obligation of the self-insurer. The commissioner may issue a 37.15 certificate of default against the self-insurer for failure to 37.16 pay this assessment to the self-insurers' security fund as 37.17 provided by section 79A.04, subdivision 9. The opinion must 37.18 separate liability for indemnity benefits from liability from 37.19 medical benefits, and must discount each up to four percent per 37.20 annum to net present value. Within 30 days after notification 37.21 of approval of the actuarial opinion by the commissioner, the 37.22 member shall pay to the security fund an amount equal to 120 37.23 percent of that discounted outstanding indemnity liability, 37.24 multiplied by the greater of the average annualized assessment 37.25 rate since inception of the security fund or the annual rate at 37.26 the time of the most recent assessment before termination. If 37.27 the payment is not made within 30 days of the notification, 37.28 interest on it at the rate prescribed by section 549.09 must be 37.29 paid by the former member to the security fund until the 37.30 principal amount is paid in full. 37.31 (c) A former member who terminated its self-insurance 37.32 authority before April 1, 1998, who has paid assessments to the 37.33 self-insurers' security fund for seven years, and whose 37.34 annualized assessment is $500 or less, may buy out of its 37.35 outstanding liabilities to the self-insurers' security fund by 37.36 an amount calculated as follows: 1.35 multiplied by the 38.1 indemnity case reserves at the time of the calculation, 38.2 multiplied by the then current self-insurers' security fund 38.3 annualized assessment rate. 38.4 (d) A former member who terminated its self-insurance 38.5 authority before April 1, 1998, and who is paying assessments 38.6 within the first seven years after ceasing to be self-insured 38.7 under paragraph (a), clause (3), may elect to buy out its 38.8 outstanding liabilities to the self-insurers' security fund by 38.9 obtaining and filing with the commissioner an actuarial opinion 38.10 of its outstanding liabilities as determined by an associate or 38.11 fellow of the Casualty Actuarial Society. The opinion must 38.12 separate liability for indemnity benefits from liability for 38.13 medical benefits, and must discount each up to four percent per 38.14 annum to net present value. Within 30 days after notification 38.15 of approval of the actuarial opinion by the commissioner, the 38.16 member shall pay to the security fund an amount equal to 120 38.17 percent of that discounted outstanding indemnity liability, 38.18 multiplied by the greater of the average annualized assessment 38.19 rate since inception of the security fund or the annual rate at 38.20 the time of the most recent assessment. 38.21 (e) A former member who has paid the security fund 38.22 according to paragraphs (b) to (d) and subsequently receives 38.23 authority from the commissioner to again self-insure shall be 38.24 assessed under section 79A.12, subdivision 2, only on indemnity 38.25 benefits paid on injuries that occurred after the former member 38.26 received authority to self-insure again; provided that the 38.27 member furnishes verified data regarding those benefits to the 38.28 security fund. 38.29 (f) In addition to proceedings to establish liabilities and 38.30 penalties otherwise provided, a failure to comply may be the 38.31 subject of a proceeding before the commissioner. An appeal from 38.32 the commissioner's determination may be taken pursuant to the 38.33 contested case procedures of chapter 14 within 30 days of the 38.34 commissioner's written determination. 38.35 Any current or past member of the self-insurers' security 38.36 fund is subject to service of process on any claim arising out 39.1 of chapter 176 or this chapter in the manner provided by section 39.2 5.25, or as otherwise provided by law. The issuance of a 39.3 certificate to self-insure to the private self-insured employer 39.4 shall be deemed to be the agreement that any process which is 39.5 served in accordance with this section shall be of the same 39.6 legal force and effect as if served personally within this state. 39.7 Sec. 31. Minnesota Statutes 2004, section 79A.12, 39.8 subdivision 2, is amended to read: 39.9 Subd. 2. [ASSESSMENT.] The security fund may assess each 39.10 of its members a pro rata share of the funding necessary to 39.11 carry out its obligation and the purposes of this chapter. 39.12 Total annual assessments in any calendar year shall not exceed 39.13 ten percent ofthe workers' compensation benefits paid under39.14sections 176.101 and 176.111 during the previouspaid indemnity 39.15 losses, as defined in section 176.129, made by the self-insured 39.16 employer during the preceding calendar year. The annual 39.17 assessment calculation shall not include supplementary benefits 39.18 paid which will be reimbursed by the special compensation fund. 39.19 Funds obtained by assessments pursuant to this subdivision may 39.20 only be used for the purposes of this chapter. The trustees 39.21 shall certify to the commissioner the collection and receipt of 39.22 all money from assessments, noting any delinquencies. The 39.23 trustees shall take any action deemed appropriate to collect any 39.24 delinquent assessments. 39.25 Sec. 32. Minnesota Statutes 2004, section 79A.22, 39.26 subdivision 11, is amended to read: 39.27 Subd. 11. [DISBURSEMENT OF FUND SURPLUS.] (a)One39.28hundredExcept as otherwise provided in paragraphs (b) and (c), 39.29 100 percent of any surplus money for a fund year in excess of 39.30 125 percent of the amount necessary to fulfill all obligations 39.31 under the Workers' Compensation Act, chapter 176, for that fund 39.32 year may be declared refundable toa membereligible members at 39.33 any time.The date shall be no earlier than 18 months following39.34the end of such fund year. The first disbursement of fund39.35surplus may not be made prior to the written approval of the39.36commissioner. There can be no more than one refund made in any40.112-month period.40.2 (b) Except as otherwise provided in paragraph (c), for 40.3 groups that have been in existence for five years or more, 100 40.4 percent of any surplus money for a fund year in excess of 110 40.5 percent of the amount necessary to fulfill all obligations under 40.6 the Workers' Compensation Act, chapter 176, for that fund year 40.7 may be declared refundable to eligible members at any time. 40.8 (c) Excess surplus distributions under paragraphs (a) and 40.9 (b) may not be greater than the combined surplus of the group at 40.10 the time of the distribution. 40.11 (d) When all the claims of any one fund year have been 40.12 fully paid, as certified by an actuary, all surplus money from 40.13 that fund year may be declared refundable. 40.14(b)(e) The commercial self-insurance group shall give ten 40.15 days' prior notice to the commissioner of any refund.SaidThe 40.16 noticeshallmust be accompanied by a statement from the 40.17 commercial self-insurer group's certified public accountant 40.18 certifying that the proposed refund is in compliance 40.19 withparagraph (a)this subdivision. 40.20 Sec. 33. Minnesota Statutes 2004, section 79A.22, is 40.21 amended by adding a subdivision to read: 40.22 Subd. 14. [ALL STATES COVERAGE.] Policies issued by 40.23 commercial self-insurance groups pursuant to this chapter may 40.24 also provide workers' compensation coverage required under the 40.25 laws of states other than Minnesota, commonly known as "all 40.26 states coverage." The coverage must be provided to members of 40.27 the group which are temporarily performing work in another state. 40.28 Sec. 34. Minnesota Statutes 2004, section 176.191, 40.29 subdivision 3, is amended to read: 40.30 Subd. 3. [INSURER PAYMENT.] If a dispute exists as to 40.31 whether an employee's injury is compensable under this chapter 40.32 and the employee is otherwise covered by an insurer or entity 40.33 pursuant to chapters 62A, 62Cand, 62D, 62E, 62R, and 62T, that 40.34 insurer or entity shall pay any medical costs incurred by the 40.35 employee for the injury up to the limits of the applicable 40.36 coverage and shall make any disability payments otherwise 41.1 payable by that insurer or entity in the absence of or in 41.2 addition to workers' compensation liability. If the injury is 41.3 subsequently determined to be compensable pursuant to this 41.4 chapter, the workers' compensation insurer shall be ordered to 41.5 reimburse the insurer or entity that made the payments for all 41.6 payments made under this subdivision by the insurer or entity, 41.7 including interest at a rate of 12 percent a year. If a payment 41.8 pursuant to this subdivision exceeds the reasonable value as 41.9 permitted by sections 176.135 and 176.136, the provider shall 41.10 reimburse the workers' compensation insurer for all the excess 41.11 as provided by rules promulgated by the commissioner. 41.12 Sec. 35. Laws 1985, chapter 85, section 1, is amended to 41.13 read: 41.14 Section 1. [CERTAIN COUNTIES; JOINT AGREEMENTS FOR 41.15 INSURANCE COVERAGE.] 41.16 (a) The counties of Aitkin, Itasca, Koochiching and St. 41.17 Louis, and political subdivisions located in those counties, 41.18 except the city of Duluth, when two or more of them are acting 41.19 jointly under Minnesota Statutes, section 471.61, subdivision 1, 41.20 or section 471.59 for purposes of section 471.61, may act 41.21 jointly for the same purposes with any nonprofit organization 41.22 organized under the laws of Minnesota and which is exempt from 41.23 taxation pursuant to section 501(c)(3) of the Internal Revenue 41.24 Code 1954, as amended through December 31, 1984. 41.25 (b) Notwithstanding Minnesota Statutes, sections 62L.03; 41.26 62L.04; 62L.045; or any other provision of Minnesota Statutes, 41.27 chapter 62L, an arrangement described in paragraph (a) may 41.28 provide the same health coverage under the same plan and premium 41.29 rates to its member employers that have 50 or fewer employees 41.30 that the arrangement provides to its member employers that have 41.31 more than 50 employees. The insurer offering the plan need not 41.32 offer this same plan to small employers that are not member 41.33 employers in the arrangement described in paragraph (a). 41.34 (c) Paragraph (b) is a pilot project that expires at the 41.35 end of its third full plan year after its date of enactment. 41.36 After the second full plan year, the entity operating an 42.1 arrangement described in paragraph (a) shall provide a written 42.2 report to the commissioner of commerce summarizing the 42.3 advantages and disadvantages of the pilot project and 42.4 recommending whether to make it permanent. 42.5 Sec. 36. [REPEALER.] 42.6 Minnesota Statutes 2004, sections 61A.072, subdivision 2; 42.7 and 62E.03 are repealed. 42.8 Sec. 37. [EFFECTIVE DATES.] 42.9 (a) Sections 9, 13, 15, 19, 21, 24, and 30 to 34 and 36 are 42.10 effective the day following final enactment. Section 17 is 42.11 effective the day following final enactment and applies to any 42.12 action taken by an insurer on or after that date. Sections 1, 42.13 3, 20, and 25 to 27 are effective July 1, 2005. The remaining 42.14 sections are effective August 1, 2005. 42.15 (b) Pursuant to Minnesota Statutes, section 645.023, 42.16 subdivision 1, clause (a), local approval of section 35 is not 42.17 required. Section 35 is effective the day following final 42.18 enactment.