HF 4204

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; prohibiting policy waiting periods for prenatal and maternity
health insurance benefits; establishing a parenting support grant program;
modifying parental notification requirements concerning abortion; establishing
an ultrasound equipment grant program; establishing an informational hotline
on available pregnancy, adoption, and parental support agencies; requiring
information on alpha-fetoprotein testing be provided; requiring adoption
referral information be provided; requiring adoption and parenting counseling
be provided; establishing an adoption tax credit; establishing civil penalties;
appropriating money; amending Minnesota Statutes 2004, sections 62A.011, by
adding a subdivision; 62A.041, subdivision 2; 62A.0411; 62A.047; 144.343,
subdivisions 2, 5; 145.4243; proposing coding for new law in Minnesota Statutes,
chapters 136A; 144; 145; 290.

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

ARTICLE 1

95-10 INITIATIVE

Section 1.

Minnesota Statutes 2004, section 62A.011, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Policy waiting period. new text end

new text begin "Policy waiting period" means a finite period
of time, after a person's enrollment in a health plan, during which, under the terms of
the health plan, the person is not eligible for a specific otherwise-covered benefit, or is
eligible only for reduced coverage of the benefit, as compared to the coverage of the
benefit after the conclusion of the period of time. The term policy waiting period does
not apply if the person's ineligibility or reduced eligibility is due solely to a preexisting
condition limitation.
new text end

Sec. 2.

Minnesota Statutes 2004, section 62A.041, subdivision 2, is amended to read:

Subd. 2.

Limitation on coverage prohibited.

Each group policy of accident and
health insurance, except for policies which only provide coverage for specified diseases,
or each group subscriber contract of accident and health insurance or health maintenance
contract, issued or renewed after August 1, 1987, shall include maternity benefits in the
same manner as any other illness covered under the policy or contract new text begin , except that policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits may
not be imposed new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 62A.0411, is amended to read:

62A.0411 MATERNITY CARE.

Every health plan as defined in section 62Q.01, subdivision 3, that provides
maternity benefits must, consistent with other coinsurance, co-payment, deductible, and
related contract terms, provide coverage of a minimum of 48 hours of inpatient care
following a vaginal delivery and a minimum of 96 hours of inpatient care following a
caesarean section for a mother and her newborn. new text begin The health plan may not impose policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits. new text end The
health plan shall not provide any compensation or other nonmedical remuneration to
encourage a mother and newborn to leave inpatient care before the duration minimums
specified in this section.

The health plan must also provide coverage for postdelivery care to a mother and her
newborn if the duration of inpatient care is less than the minimums provided in this section.

Postdelivery care consists of a minimum of one home visit by a registered nurse.
Services provided by the registered nurse include, but are not limited to, parent education,
assistance and training in breast and bottle feeding, and conducting any necessary and
appropriate clinical tests. The home visit must be conducted within four days following
the discharge of the mother and her child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 62A.047, is amended to read:

62A.047 CHILDREN'S HEALTH SUPERVISION SERVICES AND
PRENATAL CARE SERVICES.

A policy of individual or group health and accident insurance regulated under this
chapter, or individual or group subscriber contract regulated under chapter 62C, health
maintenance contract regulated under chapter 62D, or health benefit certificate regulated
under chapter 64B, issued, renewed, or continued to provide coverage to a Minnesota
resident, must provide coverage for child health supervision services and prenatal care
services. The policy, contract, or certificate must specifically exempt reasonable and
customary charges for child health supervision services and prenatal care services from
a deductible, co-payment, or other coinsurance or dollar limitation requirement. This
section does not prohibit the use of deleted text begin policy waiting periods or deleted text end preexisting condition
limitations for these services. new text begin The policy, contract, or certificate may not impose policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits. new text end Minimum
benefits may be limited to one visit payable to one provider for all of the services provided
at each visit cited in this section subject to the schedule set forth in this section. Nothing in
this section applies to a commercial health insurance policy issued as a companion to a
health maintenance organization contract, a policy designed primarily to provide coverage
payable on a per diem, fixed indemnity, or nonexpense incurred basis, or a policy that
provides only accident coverage.

"Child health supervision services" means pediatric preventive services, appropriate
immunizations, developmental assessments, and laboratory services appropriate to the age
of a child from birth to age six, and appropriate immunizations from ages six to 18, as
defined by Standards of Child Health Care issued by the American Academy of Pediatrics.
Reimbursement must be made for at least five child health supervision visits from birth
to 12 months, three child health supervision visits from 12 months to 24 months, once a
year from 24 months to 72 months.

"Prenatal care services" means the comprehensive package of medical and
psychosocial support provided throughout the pregnancy, including risk assessment,
serial surveillance, prenatal education, and use of specialized skills and technology,
when needed, as defined by Standards for Obstetric-Gynecologic Services issued by the
American College of Obstetricians and Gynecologists.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 5.

new text begin [136A.126] PARENTING SUPPORT GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A grant program is established under the supervision
of the Higher Education Services Office. The program awards grants to postsecondary
institutions to be used to:
new text end

new text begin (1) provide counseling to students who are pregnant or the parents of young
children; and
new text end

new text begin (2) provide on-campus child care services for students.
new text end

new text begin Subd. 2. new text end

new text begin Eligible institutions. new text end

new text begin A Minnesota public or private postsecondary
institution is eligible to receive parenting support grants.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the office. new text end

new text begin The office shall develop an application form and
process for reviewing applications and awarding grants under this section.
new text end

Sec. 6.

Minnesota Statutes 2004, section 144.343, subdivision 2, is amended to read:

Subd. 2.

Notification concerning abortion.

Notwithstanding the provisions
of section 13.02, subdivision 8, no abortion operation shall be performed upon an
unemancipated minor or upon a woman for whom a guardian has been appointed pursuant
to sections 524.5-101 to 524.5-502 because of a finding of incapacity, until at least 48
hours after written notice deleted text begin of the pending operation deleted text end has been delivered in the manner
specified in subdivisions 2 to 4. new text begin The written notice must include notice of the pending
operation and information on the state's criminal sexual conduct offenses under sections
609.341 to 609.3451 that are based on the difference between the age of the victim and
the offender and commonly referred to as statutory rape. new text end

(a) The notice shall be addressed to the parent at the usual place of abode of the
parent and delivered personally to the parent by the physician or an agent.

(b) In lieu of the delivery required by deleted text begin clause deleted text end new text begin paragraph new text end (a), notice shall be made by
certified mail addressed to the parent at the usual place of abode of the parent with return
receipt requested and restricted delivery to the addressee which means postal employee
can only deliver the mail to the authorized addressee. Time of delivery shall be deemed
to occur at 12 o'clock noon on the next day on which regular mail delivery takes place,
subsequent to mailing.

Sec. 7.

Minnesota Statutes 2004, section 144.343, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Penalty deleted text end new text begin Penalties new text end .

new text begin (a) new text end Performance of an abortion in violation of this
section shall be a misdemeanor and shall be grounds for a civil action by a person
wrongfully denied notification. A person shall not be held liable under this section if the
person establishes by written evidence that the person relied upon evidence sufficient to
convince a careful and prudent person that the representations of the pregnant woman
regarding information necessary to comply with this section are bona fide and true, or if
the person has attempted with reasonable diligence to deliver notice, but has been unable
to do so.

new text begin (b) No person shall intentionally cause, aid, or assist an unemancipated minor or a
woman for whom a guardian has been appointed under sections 524.5-101 to 524.5-502 to
obtain an abortion without the notifications, or judicial action required under this section,
unless the abortion is necessary to prevent the woman's death. A person who violates this
paragraph shall be civilly liable to the woman and to the person or persons required to be
notified under this section. A court may award damages to the person or persons adversely
affected by a violation of this section, including compensation for emotional injury
without the need for personal presence at the act or event, and the court may further award
attorney fees, litigation costs, and punitive damages. An adult who engages in or consents
to another person engaging in a sex act with the woman in violation of the criminal sexual
conduct offenses under chapter 609, which resulted in the woman's pregnancy, shall not be
awarded damages under this section. It shall not be a defense to a claim brought according
to this paragraph that the abortion was performed or induced in a manner that is otherwise
lawful in the state or place where the abortion was performed.
new text end

Sec. 8.

new text begin [144.9251] ULTRASOUND EQUIPMENT GRANTS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of health shall establish
a grant program to provide grants to eligible organizations for the purchase of ultrasound
equipment used solely to provide free examinations to pregnant women with financial
need.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin To be eligible, an organization must be a nonprofit, tax exempt
organization with experience serving pregnant women.
new text end

new text begin Subd. 3. new text end

new text begin Certification and training requirements. new text end

new text begin All ultrasounds performed
using equipment obtained under this section must be performed by an individual certified
by the American Registry of Diagnostic Medical Sonographers or by an individual with
adequate training as determined by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The commissioner shall develop an application form and process
for reviewing applications and awarding grants under this section.
new text end

Sec. 9.

Minnesota Statutes 2004, section 145.4243, is amended to read:

145.4243 PRINTED INFORMATION.

(a) Within 90 days after July 1, 2003, the commissioner of health shall cause to be
published, in English and in each language that is the primary language of two percent
or more of the state's population, and shall cause to be available on the state Web site
provided for under section 145.4244 the following printed materials in such a way as to
ensure that the information is easily comprehensible:

(1) geographically indexed materials designed to inform the female of public and
private agencies and services available to assist a female through pregnancy, upon
childbirth, and while the child is dependent, including adoption agencies, which shall
include a comprehensive list of the agencies available, a description of the services they
offer, and a description of the manner, including telephone numbers, in which they might
be contacted or, at the option of the commissioner of health, printed materials including a
toll-free, 24-hours-a-day telephone number that may be called to obtain, orally or by a tape
recorded message tailored to a zip code entered by the caller, such a list and description of
agencies in the locality of the caller and of the services they offer;

(2) materials designed to inform the female of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational increments
from the time when a female can be known to be pregnant to full term, including any
relevant information on the possibility of the unborn child's survival and pictures or
drawings representing the development of unborn children at two-week gestational
increments, provided that any such pictures or drawings must contain the dimensions
of the fetus and must be realistic and appropriate for the stage of pregnancy depicted.
The materials shall be objective, nonjudgmental, and designed to convey only accurate
scientific information about the unborn child at the various gestational ages. The material
shall also contain objective information describing the methods of abortion procedures
commonly employed, the medical risks commonly associated with each procedure, the
possible detrimental psychological effects of abortion, and the medical risks commonly
associated with carrying a child to term; and

(3) materials with the following information concerning an unborn child of 20
weeks gestational age and at two weeks gestational increments thereafter in such a way as
to ensure that the information is easily comprehensible:

(i) the development of the nervous system of the unborn child;

(ii) fetal responsiveness to adverse stimuli and other indications of capacity to
experience organic pain; and

(iii) the impact on fetal organic pain of each of the methods of abortion procedures
commonly employed at this stage of pregnancy.

The material under this clause shall be objective, nonjudgmental, and designed to
convey only accurate scientific information.

(b) The materials referred to in this section must be printed in a typeface large
enough to be clearly legible. The Web site provided for under section 145.4244 shall be
maintained at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on
the Web site shall be a minimum of 200x300 pixels. All letters on the Web site shall be
a minimum of 11-point font. All information and pictures shall be accessible with an
industry standard browser, requiring no additional plug-ins. The materials required under
this section must be available at no cost from the commissioner of health upon request and
in appropriate number to any person, facility, or hospital.

new text begin (c) By January 1, 2007, the commissioner of health shall establish a toll-free
telephone number that provides callers with the information included in paragraph (a),
clause (1).
new text end

Sec. 10.

new text begin [145.907] ALPHA-FETOPROTEIN TESTING INFORMATION TO
PREGNANT WOMEN.
new text end

new text begin When providing counseling to women about having an alpha-fetoprotein test
performed, physicians, traditional midwives, and other licensed health care professionals
providing prenatal care to women, must provide women with information about the test,
including the accuracy of the results and options for further testing.
new text end

Sec. 11.

new text begin [145.9251] ADOPTION REFERRAL INFORMATION REQUIRED.
new text end

new text begin An organization, agency, clinic, or health care center receiving state funds to provide
pregnancy or family planning services must provide adoption referral information. For
purposes of this section, "state funds" are funds awarded under sections 145.4235 and
145.925.
new text end

Sec. 12.

new text begin [145.9252] ADOPTION AND PARENTING COUNSELING.
new text end

new text begin A maternity group home in this state receiving federal funds must provide adoption
and parenting skills counseling to its residents.
new text end

Sec. 13.

new text begin [290.0677] ADOPTION CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Credit allowed. new text end

new text begin (a) An individual is allowed a credit for the taxable
year against the tax imposed under sections 290.06 and 290.091 equal to the lesser of:
new text end

new text begin (1) $1,000; or
new text end

new text begin (2) qualified adoption expenses as defined under section 23(d) and (e) of the Internal
Revenue Code, determined without regard to the income limit that applies under section
23.
new text end

new text begin (b) The credit is limited to the liability for tax under sections 290.06 and 290.091 for
the taxable year. No carryover or carryback to another taxable year is allowed.
new text end

new text begin Subd. 2. new text end

new text begin Taxable years. new text end

new text begin For purposes of calculating the credit under this section,
expenses and credits are deemed to apply to the same taxable year as allowed under the
federal credit under section 23(a)(2) of the Internal Revenue Code.
new text end

new text begin Subd. 3. new text end

new text begin Application; expiration. new text end

new text begin The credit under this section applies to expenses
paid or incurred after May 31, 2006, and is effective only for taxable years beginning after
December 31, 2005, and before January 1, 2008.
new text end

ARTICLE 2

APPROPRIATIONS

Section 1. new text begin COMMISSIONER OF HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Toll-free telephone number. new text end

new text begin $....... is appropriated from the general
fund to the commissioner of health in fiscal year 2007 to establish and operate the toll-free
telephone number required under Minnesota Statutes, section 145.4243, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Ultrasound equipment grants. new text end

new text begin $....... is appropriated from the general
fund to the commissioner of health to fund grants for ultrasound equipment made under
Minnesota Statutes, section 144.9251. $....... of this appropriation may be used for the
setup and administration of the program. The general fund base for this program shall
be $....... in fiscal years 2008 and 2009.
new text end

new text begin Subd. 3. new text end

new text begin WIC. new text end

new text begin $3,690,000 is appropriated to the commissioner of health to fund the
WIC program in fiscal year 2007. This appropriation is in addition to the appropriation in
Laws 2005, First Special Session chapter 4, article 9, section 3.
new text end

Sec. 2. new text begin COMMISSIONER OF PUBLIC SAFETY; DOMESTIC VIOLENCE
PROGRAMS.
new text end

new text begin (a) $2,600,000 is appropriated from the general fund to the commissioner of public
safety for crime victim assistance grants for battered women's shelters in fiscal year 2007.
new text end

new text begin (b) $1,037,000 is appropriated from the general fund to the commissioner of public
safety for battered women's shelters under Minnesota Statutes, section 611A.32, in fiscal
year 2007.
new text end

new text begin (c) The appropriations in paragraphs (a) and (b) are in addition to the appropriations
in Laws 2005, chapter 136, article 1, section 9, subdivision 6.
new text end

Sec. 3. new text begin HIGHER EDUCATION SERVICES OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Child care grants. new text end

new text begin $....... is appropriated from the general fund to the
Higher Education Services Office in fiscal year 2007 for child care grants under Minnesota
Statutes, section 136A.125. This appropriation is in addition to the appropriation in Laws
2005, chapter 107, article 1, section 2, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Parenting support grants. new text end

new text begin $....... is appropriated from the general fund
to the Higher Education Services Office in fiscal year 2007 for parenting support grants
under Minnesota Statutes, section 136A.126. Of this amount, $....... may be used for setup
and administration. The general fund base for parenting support grants shall be $....... in
fiscal years 2008 and 2009.
new text end

Sec. 4. new text begin TRANSFER.
new text end

new text begin On July 1, 2006, the commissioner of finance shall transfer to the general fund
from the tax relief account under Minnesota Statutes, section 16A.1522, subdivision 2,
an amount estimated to equal the reduction in taxes provided by Minnesota Statutes,
section 290.0677.
new text end