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Minnesota Legislature

Office of the Revisor of Statutes

HF 2827

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:34pm

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

Current Version - as introduced

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A bill for an act
relating to health care coverage; extending the premium subsidy program through
2018; appropriating money; amending Laws 2017, chapter 2, article 1, sections 2;
5, as amended; 7, as amended.

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

Section 1.

Laws 2017, chapter 2, article 1, section 2, as amended by Laws 2017, chapter
13, article 2, sections 3 and 4; and Laws 2017, First Special Session chapter 6, article 18,
section 13, is amended to read:


Sec. 2. PAYMENT TO HEALTH CARRIERS ON BEHALF OF ELIGIBLE
INDIVIDUALS.

Subdivision 1.

Program established.

The commissioner of Minnesota Management
and Budget, in consultation with the commissioner of commerce and the commissioner of
human services, shall establish and administer the premium subsidy program authorized by
this act, to help eligible individuals pay for coverage in the individual market in 2017new text begin and
2018
new text end.

Subd. 2.

Premium subsidy provided.

As soon as practicable, but no later than April
30deleted text begin, 2017deleted text endnew text begin of each calendar yearnew text end, health carriers shall begin paying a premium subsidy to
each eligible individual who purchases a health plan in the individual market, for all the
months for which the net premium is paid. An eligible individual shall pay the net premium
amount to the health carrier.

Subd. 3.

Payments to health carriers.

(a) The commissioner shall make payments to
health carriers on behalf of eligible individuals effectuating coverage for calendar year 2017new text begin
or 2018
new text end, for the months in that year for which the individual has paid the net premium
amount to the health carrier. Payments to health carriers shall be based on the premium
subsidy available to eligible individuals in the individual market, regardless of the cost of
coverage purchased. The commissioner shall not withhold payments because a health carrier
cannot prove an enrollee is an eligible individual.

(b) Health carriers seeking reimbursement from the commissioner must submit an invoice
and supporting information to the commissioner, using a form developed by the
commissioner, in order to be eligible for payment. The commissioner shall finalize the form
by March 1, 2017.

(c) Total state payments to health carriers must be made within the limits of the available
appropriation. The commissioner shall reimburse health carriers at the full requested amount
up to the level of the appropriation. The commissioner, by July 15deleted text begin, 2017deleted text endnew text begin of each calendar
year
new text end, shall determine whether the available appropriation will be sufficient to provide
premium subsidies equal to 25 percent of the gross premium for the period September 1deleted text begin,
2017,
deleted text end through December 31deleted text begin, 2017deleted text endnew text begin of that calendar yearnew text end. If the commissioner determines
that the available appropriation is not sufficient, the commissioner shall reduce the premium
subsidy percentage, beginning September 1deleted text begin, 2017,deleted text endnew text begin of that calendar yearnew text end through the remainder
of the calendar year, by an amount sufficient to ensure that the total amount of premium
subsidies provided for the calendar year does not exceed the available appropriation. The
commissioner shall notify health carriers of any reduced premium subsidy percentage within
five days of making a determination. Health carriers shall provide enrollees with at least 30
days' notice of any reduction in the premium subsidy percentage.

(d) The commissioner shall consider health carriers as vendors under Minnesota Statutes,
section 16A.124, subdivision 3, and each monthly invoice shall represent the completed
delivery of the service.

(e) The commissioner, with the November 2017 forecast, shall certify the extent to which
appropriations exceed forecast obligations under this subdivision. Notwithstanding Laws
2017, chapter 2, article 1, section 7, the estimated value of available funds, up to $98,779,000,
shall be canceled to the general fund. The cancellation in this paragraph shall be reduced
by any difference in medical assistance expenditures estimated in the trend calculation under
section 15.

Subd. 4.

Data practices.

(a) The definitions in Minnesota Statutes, section 13.02, apply
to this subdivision.

(b) Government data on an enrollee or health carrier under this section are private data
on individuals or nonpublic data, except that the total reimbursement requested by a health
carrier and the total state payment to the health carrier are public data.

(c) Notwithstanding Minnesota Statutes, section 138.17, not public government data on
an enrollee or health carrier new text beginfor a calendar year new text endunder this section must be destroyed by June
30deleted text begin, 2018deleted text endnew text begin of the subsequent calendar yearnew text end, or upon completion by the legislative auditor of
the audits required by section 3, whichever is later. This paragraph does not apply to data
maintained by the legislative auditor.

Subd. 5.

Data sharing.

(a) Notwithstanding any law to the contrary, government entities
are permitted to share or disseminate data as follows:

(1) the commissioner of human services and the board of directors of MNsure must
share data on public program enrollment under Minnesota Statutes, sections 256B.055 and
256L.04, as well as data on an enrollee's receipt of a premium tax credit under Code of
Federal Regulations, title 26, section 1.36B-2, with the commissioner of management and
budget; and

(2) the commissioner of management and budget must disseminate data on an enrollee's
public program coverage enrollment under Minnesota Statutes, sections 256B.055 and
256L.04, to health carriers to the extent the commissioner determines is necessary for
determining the enrollee's eligibility for the premium subsidy program authorized by this
act.

(b) Data shared under this subdivision may be collected, stored, or used only for the
purposes of administration of the premium subsidy program authorized by this act and may
not be further shared or disseminated except as otherwise provided by law.

(c) deleted text beginBy June 30, 2018,deleted text end A health carrier must destroy any data new text beginfor a calendar year new text endit received
pursuant to this subdivisionnew text begin by June 30 of the subsequent calendar yearnew 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. 2.

Laws 2017, chapter 2, article 1, section 5, as amended by Laws 2017, First Special
Session chapter 6, article 5, section 8, is amended to read:


Sec. 5. SUNSET.

This article, other than section 2, subdivision 5; section 3; and section 7, sunsets August
31, deleted text begin2018deleted text endnew text begin 2019new 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. 3.

Laws 2017, chapter 2, article 1, section 7, as amended by Laws 2017, First Special
Session chapter 6, article 5, section 9, is amended to read:


Sec. 7. APPROPRIATIONS.

(a) $311,788,000 in fiscal year 2017 is appropriated from the general fund to the
commissioner of management and budget for premium assistance under section 2. This
appropriation is onetime and is available through August 31, deleted text begin2018deleted text endnew text begin 2019new text end.

(b) $157,000 in fiscal year 2017 is appropriated from the general fund to the legislative
auditor for purposes of section 3. This appropriation is onetime.

(c) Any unexpended amount from the appropriation in paragraph (a) after June 30, deleted text begin2018deleted text endnew text begin
2019
new text end, shall be transferred no later than August 31, deleted text begin2018deleted text endnew text begin 2019new text end, from the general fund to the
budget reserve account under Minnesota Statutes, section 16A.152, subdivision 1a.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2018 is appropriated from the general fund to the commissioner
of management and budget for premium assistance under section 1. This appropriation is
available through August 31, 2018.
new text end

new text begin (b) $....... in fiscal year 2018 is appropriated from the general fund to the legislative
auditor for purposes of Laws 2017, chapter 2, article 1, section 3, as amended by Laws
2017, chapter 13, article 2, section 5.
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