HF 3066

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:53pm

A bill for an act
relating to insurance; permitting an individual who has an individual health
insurance policy to contract with an independent insurance agent or broker to
advocate on the individual's behalf with the individual's insurance company;
amending Minnesota Statutes 2012, sections 60K.31, by adding subdivisions;
60K.49, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 62V.

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

Section 1.

Minnesota Statutes 2012, section 60K.31, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Agent of record. new text end

new text begin "Agent of record" means an insurance producer, as
defined in subdivision 6, licensed in this state to sell, solicit, or negotiate health insurance,
who enters into a contract with a policyholder who has individual health insurance
coverage from an insurance company that the agent represents, to advise and advocate on
behalf of the policyholder with the policyholder's insurance company.
new text end

Sec. 2.

Minnesota Statutes 2012, section 60K.31, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Agent of record letter. new text end

new text begin "Agent of record letter" means a letter:
new text end

new text begin (1) signed by an agent of record and a policyholder to represent the policyholder in
regard to the policyholder's health insurance policy; and
new text end

new text begin (2) which provides for representation of the policyholder by the agent of record
in regard to the health insurance policy.
new text end

Sec. 3.

Minnesota Statutes 2012, section 60K.49, subdivision 1, is amended to read:

Subdivision 1.

Agent of insurer.

A person performing acts requiring a producer
license under this chapter is at all times the agent of the insurer and not the insured new text begin , except
as provided for an agent of record under section 60K.31, subdivisions 1a and 1b new text end .

Sec. 4.

new text begin [62V.051] MNSURE; CONSUMER RETROACTIVE APPOINTMENT
OF A NAVIGATOR OR PRODUCER PERMITTED.
new text end

new text begin Notwithstanding any other law or rule to the contrary, MNsure must permit a
consumer to retroactively appoint a navigator or insurance producer to represent, advise,
and advocate on behalf of the consumer.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end