HF 3203

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health care; providing for assessments of 
  1.3             proposed health coverage mandates; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 62A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [62A.310] [ASSESSMENT OF PROPOSED HEALTH 
  1.7   COVERAGE MANDATES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.9   section, the following terms have the meanings given unless the 
  1.10  context otherwise requires: 
  1.11     (1) "mandated health benefit proposal" means a proposal 
  1.12  that would statutorily require a health plan to do the following:
  1.13     (i) provide coverage or increase the amount of coverage for 
  1.14  the treatment of a particular disease, condition, or other 
  1.15  health care need; or 
  1.16     (ii) provide coverage or increase the amount of coverage of 
  1.17  a particular type of health care treatment or service or of 
  1.18  equipment, supplies, or drugs used in connection with a health 
  1.19  care treatment or service. 
  1.20     "Mandated benefit proposal" does not include health benefit 
  1.21  proposals amending the scope of practice of a licensed health 
  1.22  care professional; 
  1.23     (2) "commissioner" means the commissioner of commerce; and 
  1.24     (3) "health plan" means a health plan as defined in section 
  1.25  62A.011, subdivision 3, but includes coverage listed in clauses 
  2.1   (7) and (10), of that definition. 
  2.2      Subd. 2.  [HEALTH COVERAGE MANDATE ASSESSMENT PROCESS.] The 
  2.3   commissioners of health and commerce, in consultation with the 
  2.4   commissioners of human services and employee relations, shall 
  2.5   establish and administer a process for the review, assessment, 
  2.6   and analysis of mandated health benefit proposals.  The purpose 
  2.7   of the assessment is to provide the legislature with a complete 
  2.8   and timely analysis of all ramifications of any mandated health 
  2.9   benefit proposal.  The assessment must include, in addition to 
  2.10  any other relevant information, the following: 
  2.11     (1) scientific and medical information on the proposed 
  2.12  health benefit, on the potential for harm or benefit to the 
  2.13  patient, and on the comparative benefit or harm from alternative 
  2.14  forms of treatment; and 
  2.15     (2) public health, economic, fiscal, and consumer 
  2.16  information on the impact of the proposed mandate on persons 
  2.17  receiving health services in Minnesota, on the relative cost 
  2.18  effectiveness of the benefit, and on the health care system in 
  2.19  general. 
  2.20     The commissioners of health and commerce shall summarize 
  2.21  the nature and quality of available information in these areas, 
  2.22  and, if possible, shall provide any preliminary information to 
  2.23  the public as part of the public hearing process required in 
  2.24  subdivision 5.  The commissioners may conduct research into 
  2.25  these issues, or may certify existing research as sufficient to 
  2.26  meet the informational needs of the legislature. 
  2.27     Subd. 3.  [REQUESTS FOR ASSESSMENT.] Whenever a legislative 
  2.28  measure containing a mandated health benefit proposal is 
  2.29  introduced as a bill or offered as an amendment to a bill or is 
  2.30  likely to be introduced or offered as an amendment, the chairs 
  2.31  of the standing committees having jurisdiction over the proposal 
  2.32  shall request that the commissioner complete an assessment of 
  2.33  the proposal in order to facilitate any committee action by 
  2.34  either house of the legislature.  A person or organization may 
  2.35  also request that the commissioner complete an assessment.  If 
  2.36  multiple requests are received, the commissioner shall consult 
  3.1   with the chairs of the standing legislative committees having 
  3.2   jurisdiction over mandated health benefit proposals to 
  3.3   prioritize the requests. 
  3.4      Subd. 4.  [ASSESSMENT OF PROPOSED MANDATES; REPORT TO THE 
  3.5   LEGISLATURE.] The commissioner in consultation with the 
  3.6   commissioner of health shall conduct an assessment of each 
  3.7   mandated health benefit proposal selected for assessment and 
  3.8   submit a report to the legislature no later than 180 days after 
  3.9   the request.  The commissioner shall, in consultation with the 
  3.10  chairs of the standing committees having jurisdiction over the 
  3.11  proposal, develop a reporting date for each proposal to be 
  3.12  assessed.  If the commissioner determines that the assessment of 
  3.13  a particular mandated health benefit proposal should be 
  3.14  completed entirely or in part by the commissioner of health, the 
  3.15  commissioner of health shall complete the assessment and submit 
  3.16  the report to the legislature.  The commissioner responsible for 
  3.17  completing an assessment may seek the assistance and advice of 
  3.18  consultants, contractors, researchers, community leaders, or 
  3.19  other persons or organizations with relevant expertise.  The 
  3.20  commissioner may certify existing research as sufficient to meet 
  3.21  the informational needs of the legislature.  Prior to completion 
  3.22  of an assessment report, the commissioner must gather the 
  3.23  information required under subdivisions 2 and 5. 
  3.24     Subd. 5.  [CITIZENS ADVISORY TASK FORCE.] The commissioner 
  3.25  shall appoint a citizens advisory task force in accordance with 
  3.26  section 15.014, subdivision 2, to provide comments and 
  3.27  recommendations to the commissioner on health benefit mandate 
  3.28  proposals.  In preparing these comments and recommendations, it 
  3.29  shall be the purpose of the task force to determine which 
  3.30  approach to a proposed mandated benefit best serves the general 
  3.31  public interest.  Members should be impartial consumers of 
  3.32  health care services.  The citizens advisory task force shall 
  3.33  consist of at least one member from each regional coordinating 
  3.34  board.  The citizens advisory task force shall solicit comments 
  3.35  and recommendations on a mandated health benefit proposal from 
  3.36  any interested persons and organizations and may hold public 
  4.1   hearings.  The citizens advisory task force shall submit its 
  4.2   comments and recommendations to the commissioner. 
  4.3      Subd. 6.  [ADVICE AND RECOMMENDATIONS.] The commissioner 
  4.4   may appoint an ad hoc advisory panel of providers, consumer 
  4.5   representatives, health plan companies, medical technology 
  4.6   companies, economists, actuaries, and other expert persons to 
  4.7   assist the commissioner in completing a mandate review. 
  4.8      Subd. 7.  [REPORT.] The commissioner shall provide a 
  4.9   summary report of all findings and recommendations to the 
  4.10  relevant committee chairs, to the author of the proposed benefit 
  4.11  mandate, or the entity that requested the assessment. 
  4.12     Sec. 2.  [RESOURCES.] 
  4.13     If the commissioners of health and commerce determine that 
  4.14  additional resources are needed to effectively administer the 
  4.15  mandate review process, they may seek funding in the governor's 
  4.16  2000-2001 biennial request.