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HF 4206

as introduced - 91st Legislature (2019 - 2020) Posted on 05/15/2020 11:06am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to workers' compensation; adopting recommendations of the 2020 Workers'
Compensation Advisory Council; amending Minnesota Statutes 2018, sections
79A.02, subdivision 4; 79A.04, subdivision 2; 79A.06, subdivision 5; 79A.22,
subdivision 13; 79A.24, subdivision 2; 176.011, subdivision 15; 176.102,
subdivision 10; 176.111, subdivision 22; 176.135, subdivision 1; 176.185, by
adding a subdivision; 176.223; Minnesota Statutes 2019 Supplement, sections
176.181, subdivision 2; 176.231, subdivisions 5, 6, 9, 9a; 176.2611, subdivision
5; 176.2612, subdivisions 1, 3; 176.275, subdivision 2; 176.285, subdivision 1;
repealing Minnesota Statutes 2018, section 176.181, subdivision 6.

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

Section 1.

Minnesota Statutes 2018, section 79A.02, subdivision 4, is amended to read:


Subd. 4.

Recommendations to commissioner regarding revocation.

After each fifth
anniversary from the date each individual and group self-insurer becomes certified to
self-insure, the committee shall review all relevant financial data filed with the Department
of Commerce that is otherwise available to the public and make a recommendation to the
commissioner about whether each self-insurer's certificate should be revoked. For group
self-insurers who have been in existence for five years or more and have been granted
renewal authority, a level of funding in the common claims fund must be maintained at not
less than the greater of either: (1) one year's claim losses paid in the most recent year; or
(2) one-third of the security deposit posted with the Department of Commerce according
to section 79A.04, subdivision 2. deleted text beginThis provision supersedes any requirements under section
79A.03, subdivision 10, and Minnesota Rules, part 2780.5000.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 79A.04, subdivision 2, is amended to read:


Subd. 2.

Minimum deposit.

The minimum deposit is 110 percent of the private
self-insurer's estimated future liability. The deposit may be used to secure payment of all
administrative and legal costs, and unpaid assessments required by section 79A.12,
subdivision 2
, relating to or arising from its or other employers' self-insuring. As used in
this section, "private self-insurer" includes both current and former members of the
self-insurers' security fund; and "private self-insurers' estimated future liability" means the
private self-insurers' total of estimated future liability as determined by an Associate or
Fellow of the Casualty Actuarial Society every year for group member private self-insurers
and, for a nongroup member private self-insurer's authority to self-insure, every year for
the first five years. After the first five years, the nongroup member's total shall be as
determined by an Associate or Fellow of the Casualty Actuarial Society at least every two
years, and each such actuarial study shall include a projection of future losses during the
period until the next scheduled actuarial study, less payments anticipated to be made during
that time.

All data and information furnished by a private self-insurer to an Associate or Fellow
of the Casualty Actuarial Society for purposes of determining private self-insurers' estimated
future liability must be certified by an officer of the private self-insurer to be true and correct
with respect to payroll and paid losses, and must be certified, upon information and belief,
to be true and correct with respect to reserves. The certification must be made by sworn
affidavit. In addition to any other remedies provided by law, the certification of false data
or information pursuant to this subdivision may result in a fine imposed by the commissioner
of commerce on the private self-insurer up to the amount of $5,000, and termination of the
private self-insurers' authority to self-insure. The determination of private self-insurers'
estimated future liability by an Associate or Fellow of the Casualty Actuarial Society shall
be conducted in accordance with standards and principles for establishing loss and loss
adjustment expense reserves by the Actuarial Standards Board, an affiliate of the American
Academy of Actuaries. The commissioner may reject an actuarial report that does not meet
the standards and principles of the Actuarial Standards Board, and may further disqualify
the actuary who prepared the report from submitting any future actuarial reports pursuant
to this chapter. Within 30 days after the actuary has been served by the commissioner with
a notice of disqualification, an actuary who is aggrieved by the disqualification may request
a hearing to be conducted in accordance with chapter 14. Based on a review of the actuarial
report, the commissioner of commerce may require an increase in the minimum security
deposit in an amount the commissioner considers sufficient.

In addition, the Minnesota self-insurers' security fund may, at its sole discretion and
cost, undertake an independent actuarial review or an actuarial study of a private self-insurer's
estimated future liability as defined in this subdivision. The review or study must be
conducted by an associate or fellow of the Casualty Actuarial Society. The actuary has the
right to receive and review data and information of the self-insurer necessary for the actuary
to complete its review or study. A copy of this report must be filed with the commissioner
and a copy must be furnished to the self-insurer.

Estimated future liability is determined by first taking the total amount of the self-insured's
future liability of workers' compensation claims and then deducting the total amount which
is estimated to be returned to the self-insurer from any specific excess insurance coverage,
aggregate excess insurance coverage, and any supplementary benefits or second injury
benefits which are estimated to be reimbursed by the special compensation fund. However,
in the determination of estimated future liability, the actuary for the self-insurer shall not
take a credit for any excess insurance or reinsurance which is provided by a captive insurance
company which is wholly owned by the self-insurer.new text begin The opinion may discount liabilities
to present value at a rate up to the lesser of four percent per annum, or the average of the
applicable federal midterm rates, based on annual compounding, as published by the United
States Secretary of the Treasury under United States Code, title 26, section 1274(d), for the
12 months preceding the valuation date of the report.
new text end Supplementary benefits or second
injury benefits will not be reimbursed by the special compensation fund unless the special
compensation fund assessment pursuant to section 176.129 is paid and the reports required
thereunder are filed with the special compensation fund. In the case of surety bonds, bonds
shall secure administrative and legal costs in addition to the liability for payment of
compensation reflected on the face of the bond. In no event shall the security be less than
the last retention limit selected by the self-insurer with the Workers' Compensation
Reinsurance Association, provided that the commissioner may allow former members to
post less than the Workers' Compensation Reinsurance Association retention level if that
amount is adequate to secure payment of the self-insurers' estimated future liability, as
defined in this subdivision, including payment of claims, administrative and legal costs,
and unpaid assessments required by section 79A.12, subdivision 2. The posting or depositing
of security pursuant to this section shall release all previously posted or deposited security
from any obligations under the posting or depositing and any surety bond so released shall
be returned to the surety. Any other security shall be returned to the depositor or the person
posting the bond.

As a condition for the granting or renewing of a certificate to self-insure, the
commissioner may require a private self-insurer to furnish any additional security the
commissioner considers sufficient to insure payment of all claims under chapter 176.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to actuarial
opinions with a valuation date on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 79A.06, subdivision 5, is amended to read:


Subd. 5.

Private employers who have ceased to be self-insured.

(a) Private employers
who have ceased to be private self-insurers shall discharge their continuing obligations to
secure the payment of compensation which is accrued during the period of self-insurance,
for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance with all of the
following obligations of current certificate holders:

(1) Filing reports with the commissioner to carry out the requirements of this chapter;

(2) Depositing and maintaining a security deposit for accrued liability for the payment
of any compensation which may become due, pursuant to chapter 176. However, if a private
employer who has ceased to be a private self-insurer purchases an insurance policy from
an insurer authorized to transact workers' compensation insurance in this state which provides
coverage of all claims for compensation arising out of injuries occurring during the entire
period the employer was self-insured, whether or not reported during that period, the policy
will:

(i) discharge the obligation of the employer to maintain a security deposit for the payment
of the claims covered under the policy;

(ii) discharge any obligation which the self-insurers' security fund has or may have for
payment of all claims for compensation arising out of injuries occurring during the period
the employer was self-insured, whether or not reported during that period; and

(iii) discharge the obligations of the employer to pay any future assessments to the
self-insurers' security fund; provided, however, that a member that terminates its
self-insurance authority on or after August 1, 2010, shall be liable for an assessment under
paragraph (b). The actuarial opinion shall not take into consideration any transfer of the
member's liabilities to an insurance policy if the member obtains a replacement policy as
described in this subdivision within one year of the date of terminating its self-insurance.

A private employer who has ceased to be a private self-insurer may instead buy an
insurance policy described above, except that it covers only a portion of the period of time
during which the private employer was self-insured; purchase of such a policy discharges
any obligation that the self-insurers' security fund has or may have for payment of all claims
for compensation arising out of injuries occurring during the period for which the policy
provides coverage, whether or not reported during that period.

A policy described in this clause may not be issued by an insurer unless it has previously
been approved as to the insurer, form, and substance by the commissioner; and

(3) Paying within 30 days all assessments of which notice is sent by the security fund,
for a period of seven years from the last day its certificate of self-insurance was in effect.
Thereafter, the private employer who has ceased to be a private self-insurer may either: (i)
continue to pay within 30 days all assessments of which notice is sent by the security fund
until it has no incurred liabilities for the payment of compensation arising out of injuries
during the period of self-insurance; or (ii) pay the security fund a cash payment equal to
four percent of the net present value of all remaining incurred liabilities for the payment of
compensation under sections 176.101 and 176.111 as certified by a member of the casualty
actuarial society. Assessments shall be based on the benefits paid by the employer during
the calendar year immediately preceding the calendar year in which the employer's right to
self-insure is terminated or withdrawn.

(b) With respect to a self-insurer who terminates its self-insurance authority after April
1, 1998, that member shall obtain and file with the commissioner an actuarial opinion of
its outstanding liabilities as determined by an associate or fellow of the Casualty Actuarial
Society within 120 days of the date of its termination. If the actuarial opinion is not timely
filed, the self-insurers' security fund may, at its discretion, engage the services of an actuary
for this purpose. The expense of this actuarial opinion must be assessed against and be the
obligation of the self-insurer. The commissioner may issue a certificate of default against
the self-insurer for failure to pay this assessment to the self-insurers' security fund as provided
by section 79A.04, subdivision 9. The deleted text beginopinion may discount liabilities up to four percent
per annum to net present value
deleted text endnew text begin actuarial opinion must not apply a present value discount in
computing future liabilities
new text end. Within 60 days after notification of approval of the actuarial
opinion by the commissioner, the exiting member shall pay to the security fund an amount
determined as follows: a percentage will be determined by dividing the security fund's
members' deficit as determined by the most recent audited financial statement of the security
fund by the total actuarial liability of all members of the security fund as calculated by the
commissioner within 30 days of the exit date of the member. This quotient will then be
multiplied by that exiting member's total future liability as contained in the exiting member's
actuarial opinion. If the payment is not made within 30 days of the notification, interest on
it at the rate prescribed by section 549.09 must be paid by the former member to the security
fund until the principal amount is paid in full.

(c) A former member who terminated its self-insurance authority before April 1, 1998,
who has paid assessments to the self-insurers' security fund for seven years, and whose
annualized assessment is $15,000 or less, may buy out of its outstanding liabilities to the
self-insurers' security fund by an amount calculated as follows: 1.35 multiplied by the
indemnity case reserves at the time of the calculation, multiplied by the then current
self-insurers' security fund annualized assessment rate.

(d) A former member who terminated its self-insurance authority before April 1, 1998,
and who is paying assessments within the first seven years after ceasing to be self-insured
under paragraph (a), clause (3), may elect to buy out its outstanding liabilities to the
self-insurers' security fund by obtaining and filing with the commissioner an actuarial
opinion of its outstanding liabilities as determined by an associate or fellow of the Casualty
Actuarial Society. The opinion must separate liability for indemnity benefits from liability
for medical benefitsdeleted text begin, and must discount each up to four percent per annum to net present
value
deleted text end. Within 30 days after notification of approval of the actuarial opinion by the
commissioner, the member shall pay to the security fund an amount equal to 120 percent
of that discounted outstanding indemnity liability, multiplied by the greater of the average
annualized assessment rate since inception of the security fund or the annual rate at the time
of the most recent assessment.

(e) A former member who has paid the security fund according to paragraphs (b) to (d)
and subsequently receives authority from the commissioner to again self-insure shall be
assessed under section 79A.12, subdivision 2, only on indemnity benefits paid on injuries
that occurred after the former member received authority to self-insure again; provided that
the member furnishes verified data regarding those benefits to the security fund.

(f) In addition to proceedings to establish liabilities and penalties otherwise provided, a
failure to comply may be the subject of a proceeding before the commissioner. An appeal
from the commissioner's determination may be taken pursuant to the contested case
procedures of chapter 14 within 30 days of the commissioner's written determination.

Any current or past member of the self-insurers' security fund is subject to service of
process on any claim arising out of chapter 176 or this chapter in the manner provided by
section 5.25, or as otherwise provided by law. The issuance of a certificate to self-insure to
the private self-insured employer shall be deemed to be the agreement that any process
which is served in accordance with this section shall be of the same legal force and effect
as if served personally within this state.

Sec. 4.

Minnesota Statutes 2018, section 79A.22, subdivision 13, is amended to read:


Subd. 13.

Common claims fund; five-year exception.

For commercial group
self-insurers who have been in existence for five years or more, a level of funding in the
common claims fund must be maintained at not less than the greater of either:

(1) one year's claim losses paid in the most recent year; or

(2) one-third of the security deposit posted with the Department of Commerce according
to section 79A.24, subdivision 2.

deleted text begin This provision supersedes any requirements under subdivisions 11 and 12 and Minnesota
Rules, part 2780.5000.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 79A.24, subdivision 2, is amended to read:


Subd. 2.

Minimum deposit.

The minimum deposit is 125 percent of the commercial
self-insurance group's estimated future liability for the payment of compensation as
determined by an actuary. If the group has been in existence for three years, this minimum
deposit shall be 110 percent of the commercial self-insurance group's estimated future
liability for the payment of workers' compensation as determined by an actuary. Each
actuarial study shall include a projection of future losses during a one-year period until the
next scheduled actuarial study, less payments anticipated to be made during that time.new text begin The
opinion may discount liabilities to present value at a rate up to the lesser of four percent per
annum, or the average of the applicable federal midterm rates, based on annual compounding,
as published by the United States Secretary of the Treasury under United States Code, title
26, section 1274(d), for the 12 months preceding the valuation date of the report.
new text end Deduction
should be made for the total amount which is estimated to be returned to the commercial
self-insurance group from any specific excess insurance coverage, aggregate excess insurance
coverage, and any supplementary benefits which are estimated to be reimbursed by the
special compensation fund. Supplementary benefits will not be reimbursed by the special
compensation fund unless the special compensation fund assessment pursuant to section
176.129 is paid and the required reports are filed with the special compensation fund. In
the case of surety bonds, bonds shall secure administrative and legal costs in addition to the
liability for payment of compensation reflected on the face of the bond. In no event shall
the security be less than the group's selected retention limit of the Workers' Compensation
Reinsurance Association. The posting or depositing of security under this section shall
release all previously posted or deposited security from any obligations under the posting
or depositing and any surety bond so released shall be returned to the surety. Any other
security shall be returned to the depositor or the person posting the bond.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to actuarial
opinions with a valuation date on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 176.011, subdivision 15, is amended to read:


Subd. 15.

Occupational disease.

(a) "Occupational disease" means a mental impairment
as defined in paragraph (d) or physical disease arising out of and in the course of employment
peculiar to the occupation in which the employee is engaged and due to causes in excess of
the hazards ordinary of employment and shall include undulant fever. Physical stimulus
resulting in mental injury and mental stimulus resulting in physical injury shall remain
compensable. Mental impairment is not considered a disease if it results from a disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
or similar action taken in good faith by the employer. Ordinary diseases of life to which the
general public is equally exposed outside of employment are not compensable, except where
the diseases follow as an incident of an occupational disease, or where the exposure peculiar
to the occupation makes the disease an occupational disease hazard. A disease arises out of
the employment only if there be a direct causal connection between the conditions under
which the work is performed and if the occupational disease follows as a natural incident
of the work as a result of the exposure occasioned by the nature of the employment. An
employer is not liable for compensation for any occupational disease which cannot be traced
to the employment as a direct and proximate cause and is not recognized as a hazard
characteristic of and peculiar to the trade, occupation, process, or employment or which
results from a hazard to which the worker would have been equally exposed outside of the
employment.

(b) If immediately preceding the date of disablement or death, an employee was employed
on active duty with an organized fire or police department of any municipality, as a member
of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest
officer by the Department of Natural Resources, deleted text beginstatedeleted text end correctional officernew text begin or security
counselor employed by the state or a political subdivision at a corrections, detention, or
secure treatment facility
new text end, or sheriff or full-time deputy sheriff of any county, and the disease
is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of
employment such employee was given a thorough physical examination by a licensed doctor
of medicine, and a written report thereof has been made and filed with such organized fire
or police department, with the Minnesota State Patrol, conservation officer service, state
crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's
department of any county, which examination and report negatived any evidence of
myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an
occupational disease and shall be presumed to have been due to the nature of employment.
If immediately preceding the date of disablement or death, any individual who by nature
of their position provides emergency medical care, or an employee who was employed as
a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic; deleted text beginstatedeleted text end
correctional officernew text begin or security counselor employed by the state or a political subdivision
at a corrections, detention, or secure treatment facility
new text end; emergency medical technician; or
licensed nurse providing emergency medical care; and who contracts an infectious or
communicable disease to which the employee was exposed in the course of employment
outside of a hospital, then the disease is presumptively an occupational disease and shall
be presumed to have been due to the nature of employment and the presumption may be
rebutted by substantial factors brought by the employer or insurer. Any substantial factors
which shall be used to rebut this presumption and which are known to the employer or
insurer at the time of the denial of liability shall be communicated to the employee on the
denial of liability.

(c) A firefighter on active duty with an organized fire department who is unable to
perform duties in the department by reason of a disabling cancer of a type caused by exposure
to heat, radiation, or a known or suspected carcinogen, as defined by the International
Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling
cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter
who enters the service after August 1, 1988, is examined by a physician prior to being hired
and the examination discloses the existence of a cancer of a type described in this paragraph,
the firefighter is not entitled to the presumption unless a subsequent medical determination
is made that the firefighter no longer has the cancer.

(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
of this chapter, "post-traumatic stress disorder" means the condition as described in the most
recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by
the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or
more compensable mental impairment claims arising out of a single event or occurrence
shall constitute a single loss occurrence.

(e) If, preceding the date of disablement or death, an employee who was employed on
active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical
technician; a licensed nurse employed to provide emergency medical services outside of a
medical facility; a public safety dispatcher; deleted text beginandeleted text endnew text begin a correctionalnew text end officernew text begin or security counselornew text end
employed by the state or a political subdivision at a corrections, detention, or secure treatment
facility; a sheriff or full-time deputy sheriff of any county; or a member of the Minnesota
State Patrol is diagnosed with a mental impairment as defined in paragraph (d), and had not
been diagnosed with the mental impairment previously, then the mental impairment is
presumptively an occupational disease and shall be presumed to have been due to the nature
of employment. This presumption may be rebutted by substantial factors brought by the
employer or insurer. Any substantial factors that are used to rebut this presumption and that
are known to the employer or insurer at the time of the denial of liability shall be
communicated to the employee on the denial of liability. The mental impairment is not
considered an occupational disease if it results from a disciplinary action, work evaluation,
job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken
in good faith by the employer.

Sec. 7.

Minnesota Statutes 2018, section 176.102, subdivision 10, is amended to read:


Subd. 10.

Rehabilitation; consultantsnew text begin, interns,new text end and vendors.

(a) The commissioner
shall approve rehabilitation consultants who may propose and implement plans if they satisfy
rules adopted by the commissioner for rehabilitation consultants. A consultant may be an
individual or public or private entity, and except for rehabilitation services, Department of
Employment and Economic Development, a consultant may not be a vendor or the agent
of a vendor of rehabilitation services. The commissioner shall also approve rehabilitation
vendors if they satisfy rules adopted by the commissioner.new text begin An employer or insurer must be
approved by the commissioner as a qualified rehabilitation firm and create an account in
CAMPUS as a firm to employ a qualified rehabilitation consultant to provide rehabilitation
services to an employee under this section.
new text end

new text begin (b) An applicant to be a qualified rehabilitation consultant intern must file in CAMPUS
a plan of supervision prescribed by the commissioner and signed by the supervisor at the
time the application is filed. The supervisor must be employed as a qualified rehabilitation
consultant by the same firm as the intern applicant and meet experience requirements
prescribed in rule by the commissioner. In the plan of supervision, the supervisor must agree
to verify that the intern complies with all rehabilitation rules and statutes during the
internship. All documents related to an employee's rehabilitation prepared by the intern that
are filed with the commissioner must be reviewed by the supervisor before they are filed.
The supervisor need not sign the intern's written work, but the intern must verify that the
supervisor has reviewed the document at the time the document is filed with the commissioner
in CAMPUS. An intern must file a new signed plan of supervision if there is a change of
supervisors.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end An individual qualified rehabilitation consultant registered by the commissioner
must not provide any medical, rehabilitation, or disability case management services related
to an injury that is compensable under this chapter when these services are part of the same
claim, unless the case management services are part of an approved rehabilitation plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 8.

Minnesota Statutes 2018, section 176.111, subdivision 22, is amended to read:


Subd. 22.

Payments to estate; death of employee.

new text begin(a) new text endIn every case of death of an
employee resulting from personal injury arising out of and in the course of employment
where there are no persons entitled to monetary benefits of dependency compensation, the
employer shall pay to the estate of the deceased employee the sum of $60,000. This payment
must be made within 14 days of notice to the insurer of new text beginone of the following:
new text end

new text begin (1) new text endthe appointment of a personal representative of the estatenew text begin; or
new text end

new text begin (2) if there is no personal representative, presentation of a certified death record and an
affidavit of collection of personal property according to the requirements of section
524.3-1201 and 524.3-1202
new text end.

new text begin (b)new text end Within 14 days of notice to the insurer of the death of the employee, the insurer must
send notice to the estate, at the deceased employee's last known address, that this payment
will be made after deleted text begina personal representative has been appointed by a probate courtdeleted text endnew text begin receipt
of the documentation in paragraph (a), clause (1) or (2)
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 176.135, subdivision 1, is amended to read:


Subdivision 1.

Medical, psychological, chiropractic, podiatric, surgical, hospital.

(a)
The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and
hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and
surgical supplies, crutches and apparatus, including artificial members, or, at the option of
the employee, if the employer has not filed notice as hereinafter provided, Christian Science
treatment in lieu of medical treatment, chiropractic medicine and medical supplies, as may
reasonably be required at the time of the injury and any time thereafter to cure and relieve
from the effects of the injury. This treatment shall include treatments necessary to physical
rehabilitation.

(b) The employer shall pay for the reasonable value of nursing services provided by a
member of the employee's family in cases of permanent total disability.

(c) Exposure to rabies is an injury and an employer shall furnish preventative treatment
to employees exposed to rabies.

(d) The employer shall furnish replacement or repair for artificial members, glasses or
spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial teeth,
hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising out
of and in the course of the employment. For the purpose of this paragraph, "injury" includes
damage wholly or in part to an artificial member. In case of the employer's inability or
refusal seasonably to provide the items required to be provided under this paragraph, the
employer is liable for the reasonable expense incurred by or on behalf of the employee in
providing the same, including costs of copies of any medical records or medical reports that
are in existence, obtained from health care providers, and that directly relate to the items
for which payment is sought under this chapter, limited to the charges allowed by subdivision
7, and attorney fees incurred by the employee.

(e) Both the commissioner and the compensation judges have authority to make
determinations under this section in accordance with sections 176.106 and 176.305.

(f) An employer may require that the treatment and supplies required to be provided by
an employer by this section be received in whole or in part from a managed care plan certified
under section 176.1351 except as otherwise provided by that section.

(g) An employer may designate a pharmacy or network of pharmacies that employees
must use to obtain outpatient prescription and nonprescription medications. An employee
is not required to obtain outpatient medications at a designated pharmacy unless the pharmacy
is located within 15 miles of the employee's place of residence.

(h) Notwithstanding any fees established by rule adopted under section 176.136, an
employer may contract for the cost of medication provided to employees.new text begin All requests for
reimbursement from the special compensation fund formerly codified under section 176.131
for medication provided to an employee must be accompanied by the dispensing pharmacy's
invoice showing its usual and customary charge for the medication at the time it was
dispensed to the employee. The special compensation fund shall not reimburse any amount
that exceeds the maximum amount payable for the medication under Minnesota Rules, part
5221.4070, subparts 3 and 4, notwithstanding any contract under Minnesota Rules, part
5221.4070, subpart 5, that provides for a different reimbursement amount.
new text end

Sec. 10.

Minnesota Statutes 2019 Supplement, section 176.181, subdivision 2, is amended
to read:


Subd. 2.

Compulsory insurance; self-insurers.

(a) Every employer, except the state
and its municipal subdivisions, liable under this chapter to pay compensation shall insure
payment of compensation with some insurance carrier authorized to insure workers'
compensation liability in this state, or obtain a written order from the commissioner of
commerce exempting the employer from insuring liability for compensation and permitting
self-insurance of the liability. The terms, conditions and requirements governing
self-insurance shall be established by the commissioner pursuant to chapter 14. The
commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting
two or more employers, whether or not they are in the same industry, to enter into agreements
to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers.
With the approval of the commissioner of commerce, any employer may exclude medical,
chiropractic and hospital benefits as required by this chapter. An employer conducting
distinct operations at different locations may either insure or self-insure the other portion
of operations as a distinct and separate risk. An employer desiring to be exempted from
insuring liability for compensation shall make application to the commissioner of commerce,
showing financial ability to pay the compensation, whereupon by written order the
commissioner of commerce, on deeming it proper, may make an exemption. An employer
may establish financial ability to pay compensation by providing financial statements of
the employer to the commissioner of commerce. Upon ten days' written notice the
commissioner of commerce may revoke the order granting an exemption, in which event
the employer shall immediately insure the liability. As a condition for the granting of an
exemption the commissioner of commerce may require the employer to furnish security the
commissioner of commerce considers sufficient to insure payment of all claims under this
chapter, consistent with subdivision 2b. If the required security is in the form of currency
or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner
of management and budget. In the event of any default upon the part of a self-insurer to
abide by any final order or decision of the commissioner of labor and industry directing and
awarding payment of compensation and benefits to any employee or the dependents of any
deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner
of commerce may by written order to the commissioner of management and budget require
the commissioner of management and budget to sell the pledged and assigned securities or
a part thereof necessary to pay the full amount of any such claim or award with interest
thereon. This authority to sell may be exercised from time to time to satisfy any order or
award of the commissioner of labor and industry or any judgment obtained thereon. When
securities are sold the money obtained shall be deposited in the state treasury to the credit
of the commissioner of commerce and awards made against any such self-insurer by the
commissioner of commerce shall be paid to the persons entitled thereto by the commissioner
of management and budget upon payments requested by the commissioner of commerce
out of the proceeds of the sale of securities. Where the security is in the form of a surety
bond or personal guaranty the commissioner of commerce, at any time, upon at least ten
days' notice and opportunity to be heard, may require the surety to pay the amount of the
award, the payments to be enforced in like manner as the award may be enforced.

(b) No association, corporation, partnership, sole proprietorship, trust or other business
entity shall provide services in the design, establishment or administration of a group
self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or
exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the
commissioner of commerce. An applicant for a license shall state in writing the type of
activities it seeks authorization to engage in and the type of services it seeks authorization
to provide. The license shall be granted only when the commissioner of commerce is satisfied
that the entity possesses the necessary organization, background, expertise, and financial
integrity to supply the services sought to be offered. The commissioner of commerce may
issue a license subject to restrictions or limitations, including restrictions or limitations on
the type of services which may be supplied or the activities which may be engaged in. deleted text beginThe
license is for a two-year period.
deleted text end

(c) To assure that group self-insurance plans are financially solvent, administered in a
fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and
equitable manner, entities licensed to engage in such business are subject to supervision
and examination by the commissioner of commerce.

(d) To carry out the purposes of this subdivision, the commissioner of commerce may
promulgate administrative rules pursuant to sections 14.001 to 14.69. These rules may:

(1) establish reporting requirements for administrators of group self-insurance plans;

(2) establish standards and guidelines consistent with subdivision 2b to assure the
adequacy of the financing and administration of group self-insurance plans;

(3) establish bonding requirements or other provisions assuring the financial integrity
of entities administering group self-insurance plans;

(4) establish standards, including but not limited to minimum terms of membership in
self-insurance plans, as necessary to provide stability for those plans;

(5) establish standards or guidelines governing the formation, operation, administration,
and dissolution of self-insurance plans; and

(6) establish other reasonable requirements to further the purposes of this subdivision.

Sec. 11.

Minnesota Statutes 2018, section 176.185, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Employment and insurance data. new text end

new text begin (a) The following workers' compensation
insurance coverage data reported to or collected by the department under this section, or
otherwise created or received by the department, is public data, subject to the limitations
provided in paragraph (b):
new text end

new text begin (1) all action on an insurance policy, but not including the policy itself. Examples of
action on a policy are the date of issuance of a new policy, the date of cancellation, or copies
of a correction, binder, reinstatement, expiration, cancellation, termination, or declaration
page;
new text end

new text begin (2) the employer's legal name;
new text end

new text begin (3) every "doing business as" name used by the employer;
new text end

new text begin (4) the employer's legal form of ownership, such as corporation, partnership, limited
partnership, or government entity, and the names of all owners and partners including, for
limited partnerships, the names of general partners;
new text end

new text begin (5) the employer's complete mailing and physical addresses;
new text end

new text begin (6) the nature of the employer's business;
new text end

new text begin (7) the policy number;
new text end

new text begin (8) the effective and expiration dates of the policy;
new text end

new text begin (9) the name of the insurance carrier;
new text end

new text begin (10) if the policy has been canceled, the type of cancellation, reason for cancellation,
and effective date of cancellation; and
new text end

new text begin (11) the employer's unemployment account number.
new text end

new text begin (b) The commissioner shall release the insurance coverage data listed in paragraph (a)
only in response to an inquiry about an employer in which the requester provides employer
identifying information required by the commissioner. The commissioner or an entity with
whom the department has contracted pursuant to subdivision 10 shall provide a website for
such public inquiries and may impose access restrictions necessary to limit access to
individual inquiries and to otherwise deter the use of the website for purposes other than
insurance verification. Persons who obtain the data prescribed in paragraph (a) from the
department are prohibited from using the data for commercial purposes.
new text end

new text begin (c) For purposes of this subdivision, "employer" includes a policyholder and any other
entities listed on the same insurance policy as the employer.
new text end

new text begin (d) For purposes of this subdivision, "commercial purposes" means the sale or use of
insurance coverage data listed in paragraph (a) for marketing or profit.
new text end

new text begin (e) An entity with whom the department has contracted pursuant to subdivision 10 has
a private right of action to enforce the prohibition in paragraph (b) against a person who
uses the data for commercial purposes. The entity may bring a civil action to recover damages
and costs and disbursements, including reasonable attorney fees, from the person, and for
other equitable relief as determined by the court.
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. 12.

Minnesota Statutes 2018, section 176.223, is amended to read:


176.223 PROMPT deleted text beginPAYMENTdeleted text endnew text begin FIRST ACTIONnew text end REPORT.

new text begin (a) For purposes of this section:
new text end

new text begin (1) "insurer" means a workers' compensation insurer licensed in Minnesota and a
self-insured employer approved to self-insure by the commissioner of commerce;
new text end

new text begin (2) "prompt first action" means that an insurer commenced payment of wage loss benefits,
or filed a denial of liability for an injury or for wage loss benefits, within the time frames
required by section 176.221, subdivision 1; and
new text end

new text begin (3) "wage loss benefits" means temporary total disability, temporary partial disability,
and permanent total disability benefits, as described in section 176.101.
new text end

new text begin (b) No later than March 15 of each year, new text endthe department shall publish deleted text beginan annualdeleted text endnew text begin anew text end report
providing data deleted text beginon the promptness of all insurers and self-insurers in making first payments
on a claim for injury. The report shall identify all insurers and self-insurers and state the
percentage of first payments made within 14 days from the last date worked for each of the
insurers and self-insurers. The report shall also list the total number of claims and the number
of claims paid within the 14-day standard.
deleted text endnew text begin for each insurer on the total number of the insurer's
claims, and the number and percentage of the insurer's claims with prompt first action. The
report must be based on data that the insurer reported to the commissioner in the previous
calendar year.
new text end Each report shall contain the required information for each of the last four
years the report has been compiled so that a total of five years is included. The department
shall make the report available to employers and shall provide a copy to each insurer deleted text beginand
self-insurer
deleted text end listed in the report for the current year.

new text begin (c) On or before January 15 of each year the department must provide each insurer listed
in the report with notice of the data on that insurer that the department plans to include in
the report. By February 15 the insurer must notify the department in writing of inaccurate
data reported to the commissioner and of any corrections to the data that should be reflected
in the March 15 report. Effective August 31, 2020, the insurer must electronically file the
corrected data with the commissioner in CAMPUS.
new text end

Sec. 13.

Minnesota Statutes 2019 Supplement, section 176.231, subdivision 5, is amended
to read:


Subd. 5.

Electronic reports filed under this section.

(a) The commissioner shall
prescribe the manner and format for providing the reports and other documents required by
this section.

(b) A report or other document that is required to be filed with the commissioner under
this section must be filed electronically in the manner and format required by the
commissioner. Except as provided in paragraph (d), the commissioner must give at least 60
days' notice to self-insured employers and insurers, and publish notice in the State Register,
of the effective date of required electronic filing of the report or other document.

(c) Where specified by the commissioner under paragraph (d), a self-insured employer
or insurer must file a report or other document with the commissioner electronically according
to the version of the Claims Release Standard published by the International Association
of Industrial Accident Boards and Commissions (IAIABC) adopted by the commissioner.
The commissioner must publish on the department's website a Minnesota implementation
guide that prescribes reportingnew text begin and servicenew text end requirements consistent with this chapter.

(d) The commissioner must give notice to self-insured employers and insurers, and
publish notice in the State Register, of intent to adopt a version of the Claims Release
Standard for a report or other document required to be filed with the commissioner. The
notice must include a link to the Minnesota implementation guide. Interested parties must
have at least 90 days to submit comments to the commissioner. After considering the
comments, the commissioner must publish notice of the adopted version of the Claims
Release Standard and Minnesota implementation guide in the State Register at least 90 days
before the effective date of the Standard and Guide. The commissioner must also give at
least 30 days' notice to self-insured employers and insurers, and publish notice in the State
Register, of any updates to the Minnesota implementation guide. The requirements in the
adopted versions of the Claims Release Standard and the Minnesota implementation guide
supersede any conflictingnew text begin or obsoletenew text end rule.new text begin The commissioner may amend or repeal
conflicting or obsolete rules, using the procedures in section 14.388 or 14.3895.
new text end The adopted
versions of the Claims Release Standards and Minnesota implementation guides adopted
by the commissioner under this section are not rules under chapter 14, but have the force
and effect of law as of the effective date specified in the notice published in the State Register.
The commissioner may publish the initial notices in this subdivision before August 31,
2020, to ensure the adopted versions of the Standard and Guide are effective on that date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 14.

Minnesota Statutes 2019 Supplement, section 176.231, subdivision 6, is amended
to read:


Subd. 6.

Commissioner of deleted text beginthe Department ofdeleted text end labor and industry; duty to keep
informed.

new text begin(a) new text endThe commissioner of deleted text beginthe Department ofdeleted text end labor and industry shall keep fully
informed of the nature and extent of all injuries compensable under this chapter, their
resultant disabilities, and of the rights of employees to compensation.new text begin In addition to other
data required to be filed or reported under this chapter,
new text end the insurer or self-insured employer
must deleted text beginkeepdeleted text endnew text begin report tonew text end the department deleted text beginadvised of alldeleted text endnew text begin anynew text end payments of compensationdeleted text begin,deleted text endnew text begin and
attorney fees;
new text end the amounts of payments madedeleted text begin, and the date of the first paymentdeleted text endnew text begin; and any
amounts withheld from compensation paid, whether paid voluntarily or by order of a
compensation judge, the workers' compensation court of appeals, or the Minnesota Supreme
Court
new text end. deleted text beginWhere a physician or surgeon has examined, treated, or has special knowledge relating
to an injury which may be compensable under this chapter, the commissioner of the
Department of Labor and Industry or any member or employee thereof shall request in
writing a report from such person of the attendant facts.
deleted text endnew text begin The reports must be made within
14 days of the following events: the date of the first payment, a denial of primary liability,
a denial of any part of compensation, a change in the compensation amount or type,
commencement of an additional compensation type, reinstatement of compensation after
previous discontinuance, or final payment of compensation. Additional reporting
requirements are as provided in paragraphs (b) to (g).
new text end

new text begin (b) Starting 180 days after the date of injury and every six months thereafter, the
self-insured employer or insurer shall report to the commissioner all compensation paid to
an employee, any amounts withheld from compensation paid, and any amounts paid for
attorney fees.
new text end

new text begin (c) A report of permanent partial disability benefits commenced or paid must include a
copy of (1) the medical report supporting the permanent partial disability benefit paid; and
(2) the form prescribed by the commissioner that was served on the employee showing the
permanent partial disability benefit that was or will be paid.
new text end

new text begin (d) A final report must be filed to show that the self-insured employer or insurer has
ceased payment of all indemnity and rehabilitation benefits where no litigation is pending.
The report must be filed within 180 days of the cessation.
new text end

new text begin (e) A self-insured employer or insurer must report a change in the number of dependents
receiving benefits within 14 days of the change.
new text end

new text begin (f) A self-insured employer or insurer must report when a claim is acquired from another
self-insured employer or insurer, and whether benefits are currently being paid. A third-party
administrator must report when it begins administering a claim and whether benefits are
currently being paid. The reports under this paragraph must be filed within 30 days of the
acquisition, or a change in the third-party administrator.
new text end

new text begin (g) The reports required under this section must be filed electronically according to the
requirements of subdivision 5 in the form and manner required by the commissioner. The
reports must be served on or provided to the employee as follows:
new text end

new text begin (1) If service is required under this chapter, the self-insured employer or insurer must
serve the report on the employee or dependents within the time limits required, and must
retain a proof of service as required by section 176.285, subdivision 3.
new text end

new text begin (2) If the report is not required to be served under this chapter, the self-insured employer
or insurer must, no later than two business days of acceptance of the report by the
commissioner, send the report to the employee by first class United States mail or another
method agreed to by the employee, and specify on the report the date it was sent.
new text end

new text begin (3) A report served or provided to the employee under this chapter must contain the
information designated by the commissioner in the format required by the commissioner,
according to the requirements specified under subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for reports filed on or after August 31,
2020.
new text end

Sec. 15.

Minnesota Statutes 2019 Supplement, section 176.231, subdivision 9, is amended
to read:


Subd. 9.

Uses that may be made of reports; access to division file.

(a) Reports and
other documents in the division file are private data on individuals and nonpublic data as
those terms are defined in section 13.02, except that the reports and documents in the division
file may be used in hearings held under this chapter, and for the purpose of state
investigations and for statistics. The reports and documents in the division file are also
available without authorization to:

(1) the Department of Revenue for use in enforcing Minnesota income tax and property
tax refund laws, and the information shall be protected as provided in chapter 270B;

(2) an agency, as needed to perform its responsibilities under this chapter;

(3) the Workers' Compensation Reinsurance Association for use by the association in
carrying out its responsibilities under chapter 79;

(4) the special compensation fund for the purpose of auditing assessments under section
176.129; and

(5) the persons and entities allowed access under subdivisions 9a, 9b, and 9c.

(b) A person with an authorization signed by the employer, insurer,new text begin ornew text end employee, deleted text beginor
dependent of a deceased employee
deleted text endnew text begin as described in paragraph (c),new text end has access to reports and
other documents in the division file as provided in the authorization. An authorization must:

(1) be in writing;

(2) include the printed name and dated signature of the employee deleted text beginor dependent of an
employee
deleted text end, employer, or insurer representative who is authorizing the documents to be
released;

(3) specify the employer, date of injury, and worker identification or Social Security
number;

(4) include the name of the individual or entity that is authorized to receive the documents.
If the authorization is signed by the employer or insurer, the authorization must specify that
the access is granted to a person acting on the employer's or insurer's behalf in performing
responsibilities under chapter 176;

(5) specify the time period within which the authorization is valid, which may not exceed
one year from the date the authorization was signed, except that access to the division file
may exceed one year if provided in subdivision 9a, paragraph deleted text begin(b)deleted text endnew text begin (c)new text end; and

(6) include a statement that the person signing the authorization may revoke the
authorization by filing written notice with the department at any time, which shall be effective
upon receipt by the department.

new text begin (c) For purposes of authorization to access the division file under this subdivision and
access to the division file under subdivision 9a, an "employee" includes an employee's
guardian under section 176.092; a dependent of a deceased employee under section 176.111;
a representative of the decedent under section 13.10; or legal heir of a deceased employee's
estate; if a court order or other legal documentation is submitted that establishes the person's
legal status as a guardian, dependent, representative, or legal heir.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 16.

Minnesota Statutes 2019 Supplement, section 176.231, subdivision 9a, is amended
to read:


Subd. 9a.

Access to division file without an authorizationnew text begin; attorney accessnew text end.

(a) Access
to the division file established for a specific claimed date or dates of injury under this chapter
is allowed without an authorization from the employee, employer,new text begin ornew text end insurer, deleted text beginor dependent,deleted text end
as described in clauses (1) to deleted text begin(6)deleted text endnew text begin (7)new text end:

(1) an employee, deleted text beginan employee's guardian under section 176.092, and a deceased
employee's legal heir or dependent as defined in section 176.011, have
deleted text endnew text begin as described in
subdivision 9, paragraph (c), has
new text end access to the division file established for the employee's
claimed date or dates of injury;

(2) an employer and insurer have access to the division file for a workers' compensation
claim to which the employer and insurer are parties;

(3) the Department of Administration under section 13.43, subdivision 18, the assigned
risk plan under chapter 79, the special compensation fund established under section 176.129,
the self-insurers security fund under chapter 79A, and the Minnesota insurance guarantee
association under chapter 60C have access to all of the documents in the division file for a
claim to which they are a party or are otherwise providing, paying, or reimbursing workers'
compensation benefits under this chapter;

(4) a person who has filed a motion to intervene in a pending dispute at an agency has
access to the documents in the division file that are filed in connection with the dispute in
which the person has filed a motion to intervene;

(5) a registered rehabilitation provider assigned to provide rehabilitation services to an
employee has access to the documents in the division file that are filed in connection with
the employee's vocational rehabilitation or a dispute about vocational rehabilitation under
section 176.102; deleted text beginand
deleted text end

(6) a third-party administrator licensed under section 60A.23, subdivision 8, has access
to the division file for a claim it has contracted to administer on behalf of any of the entities
listed in this subdivisiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) the program administrator for a collective bargaining agreement approved by the
commissioner under section 176.1812 has access to the division file for a claim that is
covered by the agreement.
new text end

(b) An attorney who has filed with the commissionerdeleted text begin: a written authorization signed by
a person listed in paragraph (a), clause (1) or (2); or a retainer agreement,
deleted text endnew text begin in CAMPUSnew text end a
notice of deleted text beginappearance ordeleted text end representationdeleted text begin, or a pleading or a response to a pleading, on behalfdeleted text end
of a person or entity listed in paragraph (a)deleted text begin;deleted text end has the same access to documents in the division
file that the deleted text beginauthorizingdeleted text endnew text begin representednew text end personnew text begin or entitynew text end has, unlessnew text begin the attorney specifies when
filing the notice that
new text end access deleted text beginisdeleted text endnew text begin should benew text end limited deleted text beginby the authorization, retainer agreement,
or notice of appearance or representation
deleted text end.new text begin If the attorney represents an employee as described
in subdivision 9, paragraph (c), one of the following documents signed by the employee
must be attached to the notice: a written authorization, a retainer agreement, or a document
initiating or responding to a workers' compensation dispute filed under this chapter.
new text end

new text begin (c)new text end If the attorney's access is not limited by deleted text beginone of the documents in this paragraphdeleted text endnew text begin an
authorization, notice of representation, or the represented person or entity's access under
paragraph (a)
new text end, the attorney's access continues until one of the following occurs, whichever
is later:

(1) one year after an authorization is filed;

(2) five years after the date a retainer agreement or notice of deleted text beginappearance ordeleted text end representation
was filed where no dispute has been initiated;

(3) five years after the date the attorney filed a document initiating deleted text beginordeleted text endnew text begin,new text end responding tonew text begin, or
intervening in
new text end a workers' compensation dispute under this chapter;

(4) five years after the date an award on stipulation was served and filed if the award
was related to a dispute in which the attorney represented a party in paragraph (a); or

(5) five years after the date a final order or final penalty assessment was issued as defined
in subdivision 9c, paragraph (a), clause (3), if the final order or penalty assessment was
related to a dispute in which the attorney represented a partynew text begin listednew text end in paragraph (a).

Notwithstanding the time frames in clauses (1) to (5), an attorney no longer has access to
the division file as of the date the attorney files a notice of withdrawal from the case, or the
date the department receives written notice that the authorization is withdrawn or that the
attorney no longer represents the person. However, if a dispute over an attorney's fees is
pending at the office, the attorney has continued access to the division file until a final order
or award on stipulation resolving the attorney fee dispute is received by the commissioner.

deleted text begin (c)deleted text endnew text begin (d)new text end The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:

(1) attorney who represents one of the persons described in paragraph (b);

(2) attorney who represents an intervenor or potential intervenor under section 176.361;

(3) intervenor; or

(4) employee's assigned qualified rehabilitation consultant under section 176.102.

deleted text begin (d)deleted text endnew text begin (e)new text end If the department receives information that indicates that identifying or contact
information for an employee, dependent, employer, insurer, or third-party administrator for
an employer or insurer is erroneous or no longer accurate, the department may update the
information in all relevant workers' compensation files to reflect:

(1) the current and accurate name, address, Social Security number or worker
identification number, and contact information for an employee, unless the employee notifies
the commissioner in writing that the information in a workers' compensation file for a
specific date of injury may not be updated; and

(2) the current and accurate name, address, and contact information for an employer,
insurer, or third-party administrator for an employer or insurer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 17.

Minnesota Statutes 2019 Supplement, section 176.2611, subdivision 5, is amended
to read:


Subd. 5.

Form revision and access to documents and data.

(a) The commissioner
must revise dispute resolution forms, in consultation with the chief administrative law judge,
to reflect the filing requirements in this section.

(b) For purposes of this subdivision, "complete, read-only electronic access" means the
ability to view all data and document contents, including scheduling information, related
to workers' compensation disputes, except for the following:

(1) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review and any additional documents submitted to or sent by
the mediator in furtherance of mediation efforts;

(2) work product of a compensation judge, mediator, or commissioner that is not issued.
Examples of work product include personal notes of hearings or conferences and draft
decisions;

(3) the department's Vocational Rehabilitation Unit's case management system data;

(4) the special compensation fund's case management system data; and

(5) audit trail information.

new text begin This paragraph expires August 31, 2020.
new text end

(c) Until August 31, 2020, the office must send the department all documents that are
accepted for filing or issued by the office. The office must send the documents to the
department, electronically or by courier, within two business days of when the documents
are accepted for filing or issued by the office. Beginning August 31, 2020, all dispute-related
documents accepted for filing or issued by the office, and all dispute-related documents
filed with the department that are referred to the office under section 176.106, must be
immediately transmitted between the office's case management system and CAMPUS using
application programming interfaces.

(d) The department must place documents that the office sends to the department in the
appropriate imaged file for the employee. This paragraph expires August 31, 2020.

(e) Each agency must be provided with complete, read-only electronic access, as defined
in paragraph (b), to the other agency's case management system.new text begin This paragraph expires
August 31, 2020.
new text end

(f) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is
responsible for its own employees' use and dissemination of the data and documents in the
workers' compensation Informix imaging system, the office's case management system, and
the system developed as a result of the workers' compensation modernization program. This
paragraph expires August 31, 2020.

Sec. 18.

Minnesota Statutes 2019 Supplement, section 176.2612, subdivision 1, is amended
to read:


Subdivision 1.

Requirements.

(a) The commissioner shall maintain the workers'
compensation Claims Access and Management Platform User System (CAMPUS) as defined
in section 176.011, subdivision 1d. This section applies to the department and the Workers'
Compensation Court of Appeals. Except for paragraph (b), clause (4), this subdivision does
not apply to the office.

(b) CAMPUS must:

(1) provide a single filing system for users to electronically file documents required or
authorized to be filed under this chapter with the commissioner or the Workers' Compensation
Court of Appeals;

(2) maintain and retain the division file and other claim-related documents;

(3) accept filings by electronic data entry and by uploaded images of supplemental
documents, such as a medical or narrative report or document;

(4) electronically and securely transmit data, and images of documents, between each
agency to allow the agency to perform its statutory functions;

(5) electronically and securely serve documents;

(6) organize electronic data filed in the division file into an image for viewing or printing
by parties to a claim and staff at each agency;

(7) provide electronic access to the division file by parties and each agency to workers'
compensation documents and other data as authorized or required by this chapternew text begin and
generate an audit trail when the division file is accessed by a person
new text end; and

(8) allow authorized stakeholders, the department, and the Workers' Compensation Court
of Appeals to manage and monitor claims and perform statutorily required functions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 19.

Minnesota Statutes 2019 Supplement, section 176.2612, subdivision 3, is amended
to read:


Subd. 3.

Creating a CAMPUS account.

(a) For purposes of this subdivision, "employer,"
"insurer," and "third-party administrator" have the meanings given in section 176.253,
subdivision 1.

(b) Electronic access to view or file documents in CAMPUS shall be granted according
to the requirements established by the department and MN.IT services to authenticate the
identity of the person or entity creating the account and authorize access to the documents
that the person or entity is entitled to under this chapter.new text begin To create an account in CAMPUS,
a person must provide the commissioner of labor and industry with information needed to
create the account and authenticate the person's identity. The person must also agree to
terms and conditions that are needed to safeguard the security and privacy of data and
comply with the requirements of this chapter related to CAMPUS.
new text end

(c) The persons or entities in clauses (1) to (12) must create and maintain an account in
CAMPUS to electronically access or file documents:

(1) an employee with a workers' compensation claimdeleted text begin, the employee's guardian under
section 176.092, or the deceased employee's dependent under section 176.111
deleted text endnew text begin or other
person who has access to the division file under section 176.231, subdivision 9, paragraph
(c)
new text end;

(2) an employer with a workers' compensation claim;

(3) a licensed workers' compensation insurer acting on behalf of an employer with a
Minnesota workers' compensation claim;

(4) an intervenor or potential intervenor in a workers' compensation dispute;

(5) a registered rehabilitation provider under section 176.102;

(6) the state or a political subdivision or school district that is not required to be
self-insured by the commissioner of the Department of Commerce in order to pay its workers'
compensation claims;

(7) the assigned risk plan under chapter 79A;

(8) the Workers' Compensation Reinsurance Association under chapter 79;

(9) the Minnesota Insurance Guarantee Association established under chapter 60C;

(10) the self-insurers' security fund under chapter 79A;

(11) a third-party administrator that has contracted to act on behalf of any of the entities
listed in this subdivision; and

(12) an attorney representing a person or entity listed above.

(d) The commissioner may require that any person or entity listed in paragraph (c),
clauses (2) to (12), create and maintain an account in CAMPUS if the person or entity is a
party to a workers' compensation claim or associated with an enforcement action of the
department.

(e) A designated medical contact under section 176.135 and a managed care organization
certified by the department under section 176.1351 must create and maintain an account to
file and view documents related to the certified managed care plan or designated medical
contact.new text begin A program administrator for a collective bargaining agreement approved by the
commissioner under section 176.1812 must create an account to view documents related to
a claim that is covered by the agreement. A health care provider must create an account to
file a request for an administrative conference if permitted under section 176.136, subdivision
2.
new text end

(f) If a person or entity is required to create and maintain an account under this
subdivision and fails to do so:

(1) unless good cause is shown, the commissioner may assess a $500 penalty against
the person or entity for each 30-day period that an account is not created or maintained
following the commissioner's notice that one is required;

(2) failure to create or maintain an account shall not be a defense to untimely filing
where electronic filing is required under this chapter; and

(3) failure to create or maintain an account results in the appointment of the commissioner
and successors in office as the person's agent to receive service by the commissioner or the
Workers' Compensation Court of Appeals where service is required under this chapter,
provided that the commissioner attempts service by United States mail on the party at the
last known address.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 20.

Minnesota Statutes 2019 Supplement, section 176.275, subdivision 2, is amended
to read:


Subd. 2.

Proof of service; affidavits and notarized statements.

(a) Whenever a
provision of this chapter or rules adopted pursuant to authority granted by this chapter
require either a proof of service, an affidavit of service, or a notarized statement on a
document, the requirement is satisfied by a document that meets the definition of an affidavit
under Rule 15 of the General Rules of Practice for the district courts.

(b) An agency is not required to verify the accuracy of a proof or affidavit of service
filed by a party before accepting a document for filing. This does not prevent a party from
asserting insufficient or lack of service in a proceeding.

(c) Service on a party's attorney constitutes service on the represented party, unless
service on the employee is specifically required by this chapter.

(d) A party is not required to file a proof or affidavit of servicenew text begin of a document on a personnew text end
when the party deleted text beginis served electronically by the agency and the agency has issued a proof of
service
deleted text endnew text begin uses the agency's electronic system to serve the personnew text end.

new text begin (e) A party to a claim who uses an agency's electronic system to (1) improperly file a
document that is unrelated to the workers' compensation claim in which the document was
filed, or (2) send or serve a document on a recipient who is not entitled to receive it under
this chapter must, upon discovery or notification of the improper release, promptly notify
the recipient, the agency, and the subject whose data was improperly released. The agency
whose electronic system was used to send, serve, or file the document is not responsible
under section 3.971 and chapter 13 for the improper release, but must promptly correct its
files or remove the document from its electronic system upon discovery or notification.
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. 21.

Minnesota Statutes 2019 Supplement, section 176.285, subdivision 1, is amended
to read:


Subdivision 1.

Service by mail.

Service of documents shall be bynew text begin first classnew text end United
States mailnew text begin or personal service,new text end except where electronic service is authorized or required
under this section and section 176.275. An employee cannot be required to accept electronic
service where service on the employee is required. Where service is by mail, service is
effected at the time mailed if properly addressed and stamped. If it is so mailed, it is presumed
the paper or notice reached the party to be served. However, a party may show by competent
evidence that that party did not receive it or that it had been delayed in transit for an unusual
or unreasonable period of time. In case of nonreceipt or delay, an allowance shall be made
for the party's failure to assert a right within the prescribed time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 22. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 176.181, subdivision 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-5720

176.181 INSURANCE.

Subd. 6.

Financial statements.

No employer shall be required to provide financial statements certified by an "independent certified public accountant" or "certified public accountant" as a condition of approval for group self-insurance.