1.1 	A bill for an act
1.2 	relating to state government; allowing all public employees to buy into the state 
1.3 	long-term care insurance program; amending Minnesota Statutes 2008, section 
1.4 	43A.318, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 43A.318, subdivision 2, is amended to 
1.7 	read:
1.8 		Subd. 2.Program creation; general provisions. (a) The commissioner may 
1.9 	administer a program to make long-term care coverage available to eligible persons. The 
1.10 	commissioner may determine the program's funding arrangements, request bids from 
1.11 	qualified vendors, and negotiate and enter into contracts with qualified vendors. Contracts 
1.12 	are not subject to the requirements of section 16C.16 or 16C.19. Contracts must be for a 
1.13 	uniform term of at least one year, but may be made automatically renewable from term 
1.14 	to term in the absence of notice of termination by either party. The program may not be 
1.15 	self-insured until the commissioner has completed an actuarial study of the program and 
1.16 	reported the results of the study to the legislature and self-insurance has been specifically 
1.17 	authorized by law. 
1.18 	(b) The program may provide coverage for home, community, and institutional 
1.19 	long-term care and any other benefits as determined by the commissioner. Coverage is 
1.20 	optional. The enrolled eligible person must pay the full cost of the coverage.
1.21 	(c) The commissioner shall promote activities that attempt to raise awareness of 
1.22 	the need for long-term care insurance among residents of the state and encourage the 
1.23 	increased prevalence of long-term care coverage. These activities must include the sharing 
1.24 	of knowledge gained in the development of the program.
2.1 	(d) The commissioner may employ and contract with persons and other entities to 
2.2 	perform the duties under this section and may determine their duties and compensation 
2.3 	consistent with this chapter.
2.4 	(e) The benefits provided under this section are not terms and conditions of 
2.5 	employment as defined under section 179A.03, subdivision 19, and are not subject to 
2.6 	collective bargaining. 
2.7 	(f) The commissioner shall establish underwriting criteria for entry of all eligible 
2.8 	persons into the program. Eligible persons who would be immediately eligible for benefits 
2.9 	may not enroll.
2.10 	(g) Eligible persons who meet underwriting criteria may enroll in the program upon 
2.11 	hiring and at other times established by the commissioner.
2.12 	(h) An eligible person enrolled in the program may continue to participate in the 
2.13 	program even if an event, such as termination of employment, changes the person's 
2.14 	employment status.
2.15 	(i) Participating public employee pension plans and public employers may provide 
2.16 	automatic pension or payroll deduction for payment of long-term care insurance premiums 
2.17 	to qualified vendors contracted with under this section.
2.18 	(j) The premium charged to program enrollees must include an administrative fee to 
2.19 	cover all program expenses incurred in addition to the cost of coverage. All fees collected 
2.20 	are appropriated to the commissioner for the purpose of administrating the program.
2.21 	(k) Public employees of local units of government including but not limited to 
2.22 	townships, municipalities, cities, and counties may buy into the long-term care insurance 
2.23 	under this section.