HF 214

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2013 03:17pm

A bill for an act
relating to human services; establishing MinnesotaCare as the state's basic health
program; amending Minnesota Statutes 2012, sections 16A.724, subdivision 3;
256.01, by adding a subdivision; 256B.0755, subdivision 3; 256B.694; 256L.01,
by adding subdivisions; 256L.02, subdivision 2, by adding subdivisions;
256L.03, subdivisions 1, 3, 5, 6, by adding subdivisions; 256L.04, by adding
subdivisions; 256L.05, subdivisions 1, 2, 3, 3a, 3c, by adding a subdivision;
256L.07, subdivision 1; 256L.09, subdivision 2; 256L.11, subdivision 1, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 256L; repealing Minnesota Statutes 2012, sections 256L.01, subdivisions
3, 3a, 4a, 5; 256L.02, subdivision 3; 256L.03, subdivisions 1a, 3, 4, 5; 256L.031;
256L.04, subdivisions 1, 1b, 2a, 7, 7a, 8, 9, 13; 256L.05, subdivisions 1b, 1c,
5; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, 4, 5, 8, 9; 256L.09,
subdivisions 1, 4, 5, 6, 7; 256L.11, subdivisions 2a, 3, 6; 256L.12; 256L.15,
subdivisions 1, 1a, 1b, 2; 256L.17, subdivisions 1, 2, 3, 4, 5.

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

Section 1.

Minnesota Statutes 2012, section 16A.724, subdivision 3, is amended to read:

Subd. 3.

MinnesotaCare federal receipts.

deleted text begin Receipts received as a result of federal
participation pertaining to administrative costs of the Minnesota health care reform waiver
shall be deposited as nondedicated revenue in the health care access fund. Receipts
received as a result of federal participation pertaining to grants shall be deposited in the
federal fund and shall offset health care access funds for payments to providers. deleted text end new text begin All federal
funding received by Minnesota for implementation and administration of MinnesotaCare
as a basic health program, as authorized in section 1331 of the Affordable Care Act
(Public Law 111-148, as amended by Public Law 111-152), is dedicated to that program
and shall be deposited into the health care access fund. Federal funding that is received for
implementing and administering MinnesotaCare as a basic health program and deposited in
the fund shall be used only for that program to purchase health care coverage for enrollees
and reduce enrollee premiums and cost-sharing or provide additional enrollee benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 256B.0755, subdivision 3, is amended to read:

Subd. 3.

Accountability.

(a) Health care delivery systems must accept responsibility
for the quality of care based on standards established under subdivision 1, paragraph (b),
clause (10), and the cost of care or utilization of services provided to its enrollees under
subdivision 1, paragraph (b), clause (1).

(b) A health care delivery system may contract and coordinate with providers and
clinics for the delivery of services and shall contract with community health clinics,
federally qualified health centers, community mental health centers or programs, new text begin county
agencies, new text end and rural clinics to the extent practicable.

new text begin (c) A health care delivery system must demonstrate how its services will be
coordinated with other services affecting its attributed patients' health, quality of care,
and cost of care that are provided by other providers and county agencies in the local
service. The health care delivery system must document how other providers and counties,
including county-based purchasing plans, will provide services to persons attributed to
the health care delivery system participated in developing the application and provide
verification that other providers and counties, including county-based purchasing plans,
support the project and are willing to participate. A health care delivery system must
document how it will address applicable local needs, priorities, and public health goals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to health care delivery system contracts
entered into or renewed on or after July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2012, section 256B.694, is amended to read:

256B.694 SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE
CONTRACT.

(a) MS 2010 [Expired, 2008 c 364 s 10]

(b) The commissioner shall consider, and may approve, contracting on a
single-health plan basis with deleted text begin other deleted text end county-based purchasing plans, or with other qualified
health plans that have coordination arrangements with counties, to serve persons deleted text begin with
a disability who voluntarily enroll deleted text end new text begin enrolled in state health care programs new text end , in order to
promote better coordination or integration of health care services, social services and
other community-based services, provided that all requirements applicable to health plan
purchasing, including those in section 256B.69, subdivision 23, are satisfied. deleted text begin Nothing in
this paragraph supersedes or modifies the requirements in paragraph (a).
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 35. new text end

new text begin Federal approval. new text end

new text begin (a) The commissioner shall seek federal authority
from the U.S. Department of Health and Human Services necessary to operate a health
insurance program for Minnesotans with incomes up to 275 percent of the federal poverty
guidelines (FPG). The proposal shall seek to secure all federal funding available from at
least the following sources:
new text end

new text begin (1) all premium tax credits and cost-sharing subsidies available under United States
Code, title 26, section 36B, and United States Code, title 42, section 18071, for individuals
with incomes above 133 percent and at or below 275 percent of the federal poverty
guidelines who would otherwise be enrolled in the Minnesota Insurance Marketplace as
defined in Minnesota Statutes, section 62V.02;
new text end

new text begin (2) Medicaid funding; and
new text end

new text begin (3) other funding sources identified by the commissioner that support coverage or
care redesign in Minnesota.
new text end

new text begin (b) Funding received shall be used to design and implement a health insurance
program that creates a single streamlined program and meets the needs of Minnesotans with
incomes up to 275 percent of the federal poverty guidelines. The program must incorporate:
new text end

new text begin (1) payment reform characteristics included in the health care delivery system and
accountable care organization payment models;
new text end

new text begin (2) flexibility in benefit set design such that benefits can be targeted to meet enrollee
needs in different income and health status situations and can provide a more seamless
transition from public to private health care coverage;
new text end

new text begin (3) flexibility in co-payment or premium structures to incent patients to seek
high-quality, low-cost care settings; and
new text end

new text begin (4) flexibility in premium structures to ease the transition from public to private
health care coverage.
new text end

new text begin (c) The commissioner shall develop and submit a proposal consistent with the above
criteria and shall seek all federal authority necessary to implement the coverage program.
In developing the request, the commissioner shall consult with appropriate stakeholder
groups and consumers.
new text end

new text begin (d) The commissioner is authorized to seek any available waivers or federal
approvals to accomplish the goals under paragraph (b) prior to 2017.
new text end

new text begin (e) The commissioner shall report progress on implementing this section to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance by December 1, 2014.
new text end

new text begin (f) The commissioner is authorized to accept and expend federal funds that support
the purposes of this section.
new text end

Sec. 5.

Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Affordable Care Act. new text end

new text begin "Affordable Care Act" means Public Law 111-148,
as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.
new text end

Sec. 6.

Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Minnesota Insurance Marketplace. new text end

new text begin "Minnesota Insurance Marketplace"
means the Minnesota Insurance Marketplace as defined in Minnesota Statutes, section
62V.02.
new text end

Sec. 7.

Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin MinnesotaCare. new text end

new text begin "MinnesotaCare" means a health coverage program that
meets the standards of this chapter and the requirements for a basic health program under
section 1331 of the Affordable Care Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 8.

Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Modified adjusted gross income and household income. new text end

new text begin "Modified
adjusted gross income" and "household income" have the meanings provided in section
2002 of the Affordable Care Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 9.

Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Participating entity. new text end

new text begin "Participating entity" means a health plan company
as defined in section 62Q.01, subdivision 4; a county-based purchasing plan established
under section 256B.692; an accountable care organization or other entity operating a
health care delivery systems demonstration project authorized under section 256B.0755;
an entity operating a county integrated health care delivery network pilot project
authorized under section 256B.0756; or a network of health care providers established to
offer services under MinnesotaCare.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 10.

Minnesota Statutes 2012, section 256L.02, subdivision 2, is amended to read:

Subd. 2.

Commissioner's duties.

The commissioner shall establish an office for
the state administration of this plan. The plan shall be used to provide covered health
services for eligible persons. Payment for these services shall be made to all deleted text begin eligible
providers deleted text end new text begin participating entities under contract with the commissioner new text end . The commissioner
shall adopt rules to administer the MinnesotaCare program new text begin as a basic health program in
accordance with section 1331 of the Affordable Care Act and this chapter and shall adopt
any necessary rules. Nothing in this chapter is intended to violate the requirements of the
Affordable Care Act. The commissioner shall not implement any provision of this chapter
if the provision is found to violate the Affordable Care Act new text end . The commissioner shall
establish marketing efforts to encourage potentially eligible persons to receive information
about the program and about other medical care programs administered or supervised by
the Department of Human Services. A toll-free telephone number must be used to provide
information about medical programs and to promote access to the covered services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 11.

Minnesota Statutes 2012, section 256L.02, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Determination of funding adequacy. new text end

new text begin The commissioners of revenue
and management and budget, in consultation with the commissioner of human services,
shall conduct an assessment of health care taxes, including the gross premiums tax, the
provider tax, and Medicaid surcharges, and their relationship to the long-term solvency
of the health care access fund, as part of the state revenue and expenditure forecast
in November 2013. The commissioners shall determine the amount of state funding
that will be required after December 31, 2019, in addition to the federal payments
made available under section 1331 of the Affordable Care Act, for the MinnesotaCare
program. The commissioners shall evaluate the stability and likelihood of long-term
federal funding for the MinnesotaCare program under section 1331. The commissioners
shall report the results of this assessment to the legislature by January 15, 2014, along
with recommendations for changes to state revenue for the health care access fund, if state
funding will continue to be required beyond December 31, 2019.
new text end

Sec. 12.

Minnesota Statutes 2012, section 256L.02, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Federal approval. new text end

new text begin (a) The commissioner of human services shall seek
federal approval to implement the MinnesotaCare program under this chapter as a basic
health program. In any agreement with the Centers for Medicare and Medicaid Services
to operate MinnesotaCare as a basic health program, the commissioner shall seek to
include procedures to ensure that federal funding is predictable, stable, and sufficient
to sustain ongoing operation of MinnesotaCare. These procedures must address issues
related to the timing of federal payments, payment reconciliation, enrollee risk adjustment,
and minimization of state financial risk. The commissioner shall consult with the
commissioner of management and budget, when developing the proposal for establishing
MinnesotaCare as a basic health program to be submitted to the Centers for Medicare
and Medicaid Services.
new text end

new text begin (b) The commissioner of human services, in consultation with the commissioner of
management and budget, shall work with the Centers for Medicare and Medicaid Services
to establish a process for reconciliation and adjustment of federal payments that balances
state and federal liability over time. The commissioner of human services shall request that
the secretary of health and human services hold the state, and enrollees, harmless in the
reconciliation process for the first three years, to allow the state to develop a statistically
valid methodology for predicting enrollment trends and their net effect on federal payments.
new text end

new text begin (c) The commissioner of human services, through December 31, 2015, may modify
the MinnesotaCare program as specified in this chapter, if it is necessary to enhance
health benefits, expand provider access, or reduce cost-sharing and premiums in order
to comply with the terms and conditions of federal approval as a basic health program.
The commissioner may not reduce benefits, impose greater limits on access to providers,
or increase cost-sharing and premiums by enrollees under the authority granted by this
paragraph. If the commissioner modifies the terms and requirements for MinnesotaCare
under this paragraph, the commissioner shall provide the legislature with notice of
implementation of the modifications at least ten working days before notifying enrollees
and participating entities. The costs of any changes to the program necessary to comply
with federal approval shall become part of the program's base funding for purposes of
future budget forecasts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2012, section 256L.02, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Coordination with Minnesota Insurance Marketplace. new text end

new text begin MinnesotaCare
shall be considered a public health care program for purposes of Minnesota Statutes,
chapter 62V.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 14.

Minnesota Statutes 2012, section 256L.03, subdivision 1, is amended to read:

Subdivision 1.

Covered health services.

deleted text begin (a) deleted text end "Covered health services" means the
health services reimbursed under chapter 256B, new text begin and all essential health benefits required
under section 1302 of the Affordable Care Act, new text end with the exception of deleted text begin inpatient hospital
services, special education services, private duty nursing services, adult dental care
services other than services covered under section 256B.0625, subdivision 9, orthodontic
services, nonemergency medical transportation services, personal care assistance and case
management services, nursing home or intermediate care facilities services, inpatient
mental health services, and chemical dependency services deleted text end new text begin nursing facility services and
intermediate care facility for persons with developmental disabilities (ICF/DD) services,
and except as provided in this section new text end .

deleted text begin (b) deleted text end No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and irreversible
impairment of a major bodily function would result if the fetus were carried to term; or
where the pregnancy is the result of rape or incest.

deleted text begin (c) Covered health services shall be expanded as provided in this section.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 15.

Minnesota Statutes 2012, section 256L.03, subdivision 3, is amended to read:

Subd. 3.

Inpatient hospital services.

(a) Covered health services shall include
inpatient hospital services, including inpatient hospital mental health services and inpatient
hospital and residential chemical dependency treatment, subject to those limitations
necessary to coordinate the provision of these services with eligibility under the medical
assistance spenddown. deleted text begin The inpatient hospital benefit for adult enrollees who qualify under
section 256L.04, subdivision 7, or who qualify under section 256L.04, subdivisions 1 and
2, with family gross income that exceeds 200 percent of the federal poverty guidelines or
215 percent of the federal poverty guidelines on or after July 1, 2009, and who are not
pregnant, is subject to an annual limit of $10,000.
deleted text end

(b) Admissions for inpatient hospital services paid for under section 256L.11,
subdivision 3, must be certified as medically necessary in accordance with Minnesota
Rules, parts 9505.0500 to 9505.0540, except as provided in clauses (1) and (2):

(1) all admissions must be certified, except those authorized under rules established
under section 254A.03, subdivision 3, or approved under Medicare; and

(2) payment under section 256L.11, subdivision 3, shall be reduced by five percent
for admissions for which certification is requested more than 30 days after the day of
admission. The hospital may not seek payment from the enrollee for the amount of the
payment reduction under this clause.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 16.

Minnesota Statutes 2012, section 256L.03, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Cost-sharing. new text end

new text begin (a) Except as provided in paragraph (b), the MinnesotaCare
program shall include the following cost-sharing requirements for all enrollees:
new text end

new text begin (1) $3 per brand-name prescription and $1 per generic drug prescription, subject to a
$12 per month maximum for prescription drug co-payments. No co-payments shall apply
to antipsychotic drugs when used for treatment of mental illness;
new text end

new text begin (2) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist; and
new text end

new text begin (3) $3.50 for nonemergency visits to a hospital-based emergency room, except that
this co-payment shall be increased to $20 upon federal approval.
new text end

new text begin (b) Paragraph (a), clause (2), does not apply to mental health services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 17.

Minnesota Statutes 2012, section 256L.03, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Loss ratio. new text end

new text begin Health coverage provided through the MinnesotaCare
program must have a medical loss ratio of at least 85 percent, as defined using the loss
ratio methodology described in section 1001 of the Affordable Care Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 18.

Minnesota Statutes 2012, section 256L.03, subdivision 5, is amended to read:

Subd. 5.

Cost-sharing.

(a) Except as provided in deleted text begin paragraphs deleted text end new text begin paragraph new text end (b) deleted text begin and (c) deleted text end ,
the MinnesotaCare benefit plan shall include the following cost-sharing requirements
for all enrollees:

deleted text begin (1) ten percent of the paid charges for inpatient hospital services for adult enrollees,
subject to an annual inpatient out-of-pocket maximum of $1,000 per individual;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end $3 per prescription for adult enrollees;

deleted text begin (3) deleted text end new text begin (2) new text end $25 for eyeglasses for adult enrollees;

deleted text begin (4) deleted text end new text begin (3) new text end $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means
an episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;

deleted text begin (5) deleted text end new text begin (4) new text end $6 for nonemergency visits to a hospital-based emergency room for services
provided through December 31, 2010, and $3.50 effective January 1, 2011; and

deleted text begin (6) deleted text end new text begin (5) new text end a family deductible equal to the maximum amount allowed under Code of
Federal Regulations, title 42, part 447.54.

deleted text begin (b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Paragraph (a) does not apply to pregnant women and children under the
age of 21.

deleted text begin (d) deleted text end new text begin (c) new text end Paragraph (a), clause deleted text begin (4) deleted text end new text begin (3) new text end , does not apply to mental health services.

deleted text begin (e) Adult enrollees with family gross income that exceeds 200 percent of the federal
poverty guidelines or 215 percent of the federal poverty guidelines on or after July 1, 2009,
and who are not pregnant shall be financially responsible for the coinsurance amount, if
applicable, and amounts which exceed the $10,000 inpatient hospital benefit limit.
deleted text end

deleted text begin (f) When a MinnesotaCare enrollee becomes a member of a prepaid health plan,
or changes from one prepaid health plan to another during a calendar year, any charges
submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket
expenses incurred by the enrollee for inpatient services, that were submitted or incurred
prior to enrollment, or prior to the change in health plans, shall be disregarded.
deleted text end

deleted text begin (g) deleted text end new text begin (d) new text end MinnesotaCare reimbursements to fee-for-service providers and payments to
managed care plans or county-based purchasing plans shall not be increased as a result of
the reduction of the co-payments in paragraph (a), clause deleted text begin (5) deleted text end new text begin (4) new text end , effective January 1, 2011.

deleted text begin (h) deleted text end new text begin (e) new text end The commissioner, through the contracting process under section 256L.12,
may allow managed care plans and county-based purchasing plans to waive the family
deductible under paragraph (a), clause deleted text begin (6) deleted text end new text begin (5) new text end . The value of the family deductible shall not
be included in the capitation payment to managed care plans and county-based purchasing
plans. Managed care plans and county-based purchasing plans shall certify annually to the
commissioner the dollar value of the family deductible.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 19.

Minnesota Statutes 2012, section 256L.03, subdivision 6, is amended to read:

Subd. 6.

Lien.

When the state agency provides, pays for, or becomes liable for
covered health services, the agency shall have a lien for the cost of the covered health
services upon any and all causes of action accruing to the enrollee, or to the enrollee's
legal representatives, as a result of the occurrence that necessitated the payment for the
covered health services. All liens under this section shall be subject to the provisions
of section 256.015. For purposes of this subdivision, "state agency" includes deleted text begin prepaid
health plans deleted text end new text begin participating entities, new text end under contract with the commissioner according to
deleted text begin sections 256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12; and county-based
purchasing entities under section 256B.692 deleted text end new text begin section 256L.121 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 20.

Minnesota Statutes 2012, section 256L.04, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin General requirements. new text end

new text begin To be eligible for coverage under MinnesotaCare,
a person must meet the eligibility requirements of this section. A person eligible for
MinnesotaCare shall not be treated as a qualified individual under section 1312 of the
Affordable Care Act, and is not eligible for enrollment in a qualified health plan offered
through the health benefit exchange under section 1331 of the Affordable Care Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 21.

Minnesota Statutes 2012, section 256L.04, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Eligible groups; income limits. new text end

new text begin (a) To be eligible under MinnesotaCare,
a person must:
new text end

new text begin (1) be a resident of Minnesota;
new text end

new text begin (2) not be eligible under medical assistance;
new text end

new text begin (3) have a household income that is greater than 133 percent but does not exceed 200
percent of the federal poverty guidelines for family size, except that a noncitizen lawfully
present in the United States, who is not eligible for the Medicaid program under title XIX
of the Social Security Act due to immigration status, may have a household income that is
less than or equal to 133 percent of the federal poverty guidelines for family size;
new text end

new text begin (4) not be eligible for minimum essential coverage, as defined in section 5000A(f)
of the Internal Revenue Code of 1986, except that a person may be eligible for an
employer-sponsored plan that is not affordable coverage, as defined in section 5000A(e)(2)
of the Internal Revenue Code of 1986; and
new text end

new text begin (5) not have attained the age of 65 as of the beginning of the plan year.
new text end

new text begin (b) The commissioner shall calculate income eligibility under MinnesotaCare using
modified adjusted gross income and shall apply a standard five percent income disregard,
as provided under section 2012 of the Affordable Care Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) of this section is effective January 1, 2015.
Paragraph (b) of this section is effective January 1, 2014.
new text end

Sec. 22.

Minnesota Statutes 2012, section 256L.05, subdivision 1, is amended to read:

Subdivision 1.

Application assistance and information availability.

(a) new text begin Applicants
may submit applications online, in person, by mail, or by phone in accordance with the
Affordable Care Act, and by any other means by which medical assistance applications
may be submitted. Applicants may submit applications through the Minnesota Insurance
Marketplace or through the MinnesotaCare program. new text end Applications and application
assistance must be made available at provider offices, local human services agencies,
school districts, public and private elementary schools in which 25 percent or more of
the students receive free or reduced price lunches, community health offices, Women,
Infants and Children (WIC) program sites, Head Start program sites, public housing
councils, crisis nurseries, child care centers, early childhood education and preschool
program sites, legal aid offices, and libraries new text begin , and at any other locations at which medical
assistance applications must be made available new text end . These sites may accept applications and
forward the forms to the commissioner or local county human services agencies that
choose to participate as an enrollment site. Otherwise, applicants may apply directly to the
commissioner or to participating local county human services agencies.

(b) Application assistance must be available for applicants choosing to file an online
application new text begin through the Minnesota Insurance Marketplace new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 23.

Minnesota Statutes 2012, section 256L.05, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Streamlined application and enrollment process. new text end

new text begin The commissioner
shall work with the board of the Minnesota Insurance Marketplace and local human
services agencies to develop a single, streamlined application and automatic enrollment
process that meets the requirements of the Affordable Care Act, including but not limited
to being structured to maximize an applicant's ability to complete the form satisfactorily,
taking into account the characteristics of individuals who qualify for MinnesotaCare and
medical assistance. Each application shall give an applicant the option, to the extent
feasible, of specifying their current primary care clinic or physician as their primary care
provider for purposes of continuity of care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Minnesota Statutes 2012, section 256L.05, subdivision 2, is amended to read:

Subd. 2.

Commissioner's duties.

The commissioner or county agency shall use
electronic verification new text begin through the Minnesota Insurance Marketplace new text end as the primary
method of income verification. If there is a discrepancy between reported income
and electronically verified income, an individual may be required to submit additional
verification new text begin to the extent permitted under the Affordable Care Act new text end . In addition, the
commissioner shall perform random audits to verify reported income and eligibility. The
commissioner may execute data sharing arrangements with the Department of Revenue
and any other governmental agency in order to perform income verification related to
eligibility deleted text begin and premium payment under the MinnesotaCare program deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 25.

Minnesota Statutes 2012, section 256L.05, subdivision 3, is amended to read:

Subd. 3.

Effective date of coverage.

(a) The effective date of coverage is the
first day of the month following the month in which eligibility is approved deleted text begin and the first
premium payment has been received. As provided in section 256B.057, coverage for
newborns is automatic from the date of birth and must be coordinated with other health
deleted text end deleted text begin coverage. The effective date of coverage for eligible newly adoptive children added to a
family receiving covered health services is the month of placement. The effective date
of coverage for other new members added to the family is the first day of the month
following the month in which the change is reported. All eligibility criteria must be met
by the family at the time the new family member is added. The income of the new family
member is included with the family's gross income and the adjusted premium begins in
the month the new family member is added deleted text end .

deleted text begin (b) The initial premium must be received by the last working day of the month for
coverage to begin the first day of the following month.
deleted text end

deleted text begin (c) Benefits are not available until the day following discharge if an enrollee is
hospitalized on the first day of coverage.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end Notwithstanding any other law to the contrary, benefits under sections
256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which
an eligible person may have coverage and the commissioner shall use cost avoidance
techniques to ensure coordination of any other health coverage for eligible persons. The
commissioner shall identify eligible persons who may have coverage or benefits under
other plans of insurance or who become eligible for medical assistance.

deleted text begin (e) The effective date of coverage for individuals or families who are exempt from
paying premiums under section 256L.15, subdivision 1, paragraph (d), is the first day of
the month following the month in which verification of American Indian status is received
or eligibility is approved, whichever is later.
deleted text end

deleted text begin (f) deleted text end new text begin (c) new text end The effective date of coverage for children eligible under section 256L.07,
subdivision 8, is the first day of the month following the date of termination from foster
care or release from a juvenile residential correctional facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 26.

Minnesota Statutes 2012, section 256L.05, subdivision 3a, is amended to read:

Subd. 3a.

Renewal of eligibility.

(a) Beginning July 1, 2007, an enrollee's eligibility
must be renewed every 12 months. The 12-month period begins in the month after the
month the application is approved.

(b) Each new period of eligibility must take into account any changes in
circumstances that impact eligibility deleted text begin and premium amount deleted text end . An enrollee must provide all
the information needed to redetermine eligibility by the first day of the month that ends
the eligibility period. deleted text begin The premium for the new period of eligibility must be received as
provided in section 256L.06 in order for eligibility to continue.
deleted text end

(c) For children enrolled in MinnesotaCare under section 256L.07, subdivision 8,
the first period of renewal begins the month the enrollee turns 21 years of age.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 27.

Minnesota Statutes 2012, section 256L.05, subdivision 3c, is amended to read:

Subd. 3c.

Retroactive coverage.

Notwithstanding subdivision 3, the effective
date of coverage shall be the first day of the month following termination from medical
assistance for families and individuals who are eligible for MinnesotaCare and who
submitted a written request for retroactive MinnesotaCare coverage with a completed
application within 30 days of the mailing of notification of termination from medical
assistance. The applicant must provide all required verifications within 30 days of the
written request for verification. deleted text begin For retroactive coverage, premiums must be paid in full
for any retroactive month, current month, and next month within 30 days of the premium
billing. General assistance medical care recipients may qualify for retroactive coverage
under this subdivision at six-month renewal.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 28.

Minnesota Statutes 2012, section 256L.07, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) deleted text begin Children enrolled in the original
children's health plan as of September 30, 1992, children who enrolled in the
MinnesotaCare program after September 30, 1992, pursuant to Laws 1992, chapter 549,
article 4, section 17, and children who have family gross incomes that are equal to or
less than 200 percent of the federal poverty guidelines are eligible without meeting the
requirements of subdivision 2 and the four-month requirement in subdivision 3, as long as
they maintain continuous coverage in the MinnesotaCare program or medical assistance.
deleted text end

Parents enrolled in MinnesotaCare under section 256L.04, subdivision 1, whose
income increases above 275 percent of the federal poverty guidelines, are no longer
eligible for the program and shall be disenrolled by the commissioner. Beginning January
1, 2008, individuals enrolled in MinnesotaCare under section 256L.04, subdivision
7, whose income increases above 200 percent of the federal poverty guidelines or 250
percent of the federal poverty guidelines on or after July 1, 2009, are no longer eligible for
the program and shall be disenrolled by the commissioner. For persons disenrolled under
this subdivision, MinnesotaCare coverage terminates the last day of the calendar month
following the month in which the commissioner determines that the income of a family or
individual exceeds program income limits.

(b) Children may remain enrolled in MinnesotaCare if their gross family income as
defined in section 256L.01, subdivision 4, is greater than 275 percent of federal poverty
guidelines. The premium for children remaining eligible under this paragraph shall be the
maximum premium determined under section 256L.15, subdivision 2, paragraph (b).

(c) Notwithstanding paragraph (a), parents are not eligible for MinnesotaCare if
gross household income exceeds $57,500 for the 12-month period of eligibility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 29.

Minnesota Statutes 2012, section 256L.09, subdivision 2, is amended to read:

Subd. 2.

Residency requirement.

To be eligible for health coverage under the
MinnesotaCare program, deleted text begin pregnant women, individuals, and families with children must
meet the residency requirements deleted text end new text begin individuals must be a resident of the state new text end as provided
by deleted text begin Code of Federal Regulations, title 42, section 435.403, except that the provisions of
section 256B.056, subdivision 1, shall apply upon receipt of federal approval deleted text end new text begin section
1331 of the Affordable Care Act new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 30.

Minnesota Statutes 2012, section 256L.11, subdivision 1, is amended to read:

Subdivision 1.

Medical assistance rate to be used.

deleted text begin (a) deleted text end Payment to providers
under deleted text begin sections 256L.01 to 256L.11 deleted text end new text begin this chapter new text end shall be at the same rates and conditions
established for medical assistance, except as provided in deleted text begin subdivisions 2 to 6 deleted text end new text begin this section new text end .

deleted text begin (b) Effective for services provided on or after July 1, 2009, total payments for basic
care services shall be reduced by three percent, in accordance with section 256B.766.
Payments made to managed care and county-based purchasing plans shall be reduced for
services provided on or after October 1, 2009, to reflect this reduction.
deleted text end

deleted text begin (c) Effective for services provided on or after July 1, 2009, payment rates for
physician and professional services shall be reduced as described under section 256B.76,
subdivision 1, paragraph (c). Payments made to managed care and county-based
deleted text end deleted text begin purchasing plans shall be reduced for services provided on or after October 1, 2009,
to reflect this reduction.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 31.

Minnesota Statutes 2012, section 256L.11, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Rate increases. new text end

new text begin Effective for services provided on or after January 1,
2015, the commissioner of human services shall increase payments for basic care services,
physician and professional services, and dental services by … percent from the rates in
effect for the MinnesotaCare program on December 31, 2014. Payments to participating
entities established through the competitive process under section 256L.121 must reflect
this increase.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 32.

new text begin [256L.121] SERVICE DELIVERY.
new text end

new text begin Subdivision 1. new text end

new text begin Competitive process. new text end

new text begin The commissioner of human services shall
establish a competitive process for entering into contracts with participating entities for
the offering of standard health plans through MinnesotaCare. Coverage through standard
health plans must be available to enrollees beginning January 1, 2015. Each standard
health plan must cover the health services listed in and meet the requirements of section
256L.03. The competitive process must meet the requirements of section 1331 of the
Affordable Care Act and be designed to ensure enrollee access to high-quality health care
coverage options. The commissioner, to the extent feasible, shall seek to ensure that
enrollees have a choice of coverage from more than one participating entity within a
geographic area. In rural areas other than metropolitan statistical areas, the commissioner
shall use the medical assistance competitive procurement process under section 256B.69,
subdivisions 1 to 32, under which selection of entities is based on criteria related to
provider network access, coordination of health care with other local services, alignment
with local public health goals, and other factors.
new text end

new text begin Subd. 2. new text end

new text begin Other requirements for participating entities. new text end

new text begin The commissioner shall
require participating entities, as a condition of contract, to document to the commissioner:
new text end

new text begin (1) the provision of culturally and linguistically appropriate services, including
marketing materials, to MinnesotaCare enrollees; and
new text end

new text begin (2) the inclusion in provider networks of providers designated as essential
community providers under section 62Q.19.
new text end

new text begin Subd. 3. new text end

new text begin Coordination with state-administered health programs. new text end

new text begin The
commissioner shall coordinate the administration of the MinnesotaCare program with
medical assistance to maximize efficiency and improve the continuity of care. This
includes, but is not limited to:
new text end

new text begin (1) establishing geographic areas for MinnesotaCare that are consistent with the
geographic areas of the medical assistance program, within which participating entities
may offer health plans;
new text end

new text begin (2) requiring, as a condition of participation in MinnesotaCare, participating entities
to also participate in the medical assistance program;
new text end

new text begin (3) complying with sections 256B.69, subdivision 3a; 256B.692, subdivision 1; and
256B.694, when contracting with MinnesotaCare participating entities;
new text end

new text begin (4) providing MinnesotaCare enrollees, to the extent possible, with the option to
remain in the same health plan and provider network, if they later become eligible for
medical assistance or coverage through the Minnesota health benefit exchange; and
new text end

new text begin (5) establishing requirements and criteria for selection that ensure that covered
health care services will be coordinated with local public health, social services, long-term
care services, mental health services, and other local services affecting enrollees' health,
access, and quality of care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33. new text begin PLAN FOR CONSOLIDATION OF PUBLIC PROGRAMS.
new text end

new text begin The commissioner of human services shall develop and present to the legislature by
January 15, 2014, a plan for a consolidated and streamlined state health care program that
combines the current medical assistance and MinnesotaCare programs, uses a standard
and simplified application process through the Minnesota Insurance Marketplace, and
provides seamless delivery and coordination of care between state health care programs
and health coverage available through the Minnesota Insurance Marketplace.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall remove cross-references to the sections repealed in this act
wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
necessary to correct the punctuation, grammar, or structure of the remaining text and
preserve its meaning.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 256L.01, subdivisions 4a and 5; 256L.031;
and 256L.07, subdivisions 2 and 3, new text end new text begin are repealed, effective July 1, 2014.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 256L.01, subdivisions 3 and 3a; 256L.02,
subdivision 3; 256L.03, subdivisions 1a, 3, 4, and 5; 256L.04, subdivisions 1, 1b,
2a, 7, 7a, 8, 9, and 13; 256L.05, subdivisions 1b, 1c, and 5; 256L.06, subdivision 3;
256L.07, subdivisions 1, 4, 5, 8, and 9; 256L.09, subdivisions 1, 4, 5, 6, and 7; 256L.11,
subdivisions 2a, 3, and 6; 256L.12; 256L.15, subdivisions 1, 1a, 1b, and 2; and 256L.17,
subdivisions 1, 2, 3, 4, and 5, new text end new text begin are repealed effective January 1, 2015.
new text end