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Minnesota Legislature

Office of the Revisor of Statutes

HF 2842

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 11:35am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to insurance; prohibiting the creation, operation, or existence of a
health insurance exchange in Minnesota; enacting the Minnesota Healthcare
Marketplace Preservation Act; proposing coding for new law in Minnesota
Statutes, chapter 62Q.

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

Section 1.

new text begin [62Q.022] HEALTH EXCHANGE PROHIBITED.
new text end

new text begin No American Health Benefit Exchange within the meaning of that term in the federal
Affordable Care Act shall be created, operate, or exist in this state.
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. 2.

new text begin [62Q.023] MINNESOTA HEALTHCARE MARKETPLACE
PRESERVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section shall be known as and may be cited as the
"Minnesota Healthcare Marketplace Preservation Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Health care service" means any service, treatment, or provision of a product for
the care of a physical or mental disease, illness, injury, defect, or condition, or to otherwise
maintain or improve physical or mental health, subject to all laws and rules regulating
health service providers and products within the state of Minnesota.
new text end

new text begin (c) "Mode of securing" means to purchase directly or on credit or by trade, or to
contract for third-party payment by insurance or other legal means as authorized by the
state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
health care benefits under such conditions as may legally be required as a condition of
such benefits, or any combination of the same.
new text end

new text begin (d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
surcharge, fee, or any other imposed consequence established by law or rule of a
government or its subdivision or agency that is used to punish or discourage the exercise
of rights protected under this section.
new text end

new text begin Subd. 3. new text end

new text begin Statement of public policy. new text end

new text begin (a) The power to require or regulate a person's
choice in the mode of securing health care services, or to impose a penalty related to that
choice, is not found in the Constitution of the United States of America, and is therefore a
power reserved to the people pursuant to the Ninth Amendment, and to the several states
pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
power to declare the public policy of the state of Minnesota regarding the right of all
persons residing in the state in choosing the mode of securing health care services, which
is consistent with the constitutionally recognized inalienable right of liberty, whereas
every person within the state of Minnesota is and shall be free to choose or decline to
choose any mode of securing health care services without penalty or threat of penalty.
new text end

new text begin (b) The policy stated under this section shall not be applied to impair any right of
contract related to the provision of health care services to any person or group.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The professional license of any officer of a court sitting
within the state of Minnesota, who acts to impose, collect, enforce, or effectuate any
penalty in the state of Minnesota that violates the public policy set forth in this section,
shall be suspended for a period of one year.
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