HF 4430

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 03:47pm

A bill for an act
relating to health; establishing the Health Care Affordability Board and Health
Care Affordability Advisory Council; requiring monitoring of and recommendations
related to health care market trends; establishing the health care spending growth
target program; requiring reports; providing for civil penalties; requiring certain
transfers of funds; amending Minnesota Statutes 2020, section 62U.04, subdivision
11; proposing coding for new law in Minnesota Statutes, chapter 62J.

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

Section 1.

new text begin [62J.86] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of sections 62J.86 to 62J.92, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Health Care Affordability
Advisory Council established under section 62J.88.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Health Care Affordability Board established under
section 62J.87.
new text end

Sec. 2.

new text begin [62J.87] HEALTH CARE AFFORDABILITY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Legislative Coordinating Commission shall establish
the Health Care Affordability Board, which shall be governed as a board under section
15.012, paragraph (a), to protect consumers, state and local governments, health plan
companies, providers, and other health care system stakeholders from unaffordable health
care costs. The board must be operational by January 1, 2023.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Health Care Affordability Board consists of 13 members,
appointed as follows:
new text end

new text begin (1) five members appointed by the governor;
new text end

new text begin (2) two members appointed by the majority leader of the senate;
new text end

new text begin (3) two members appointed by the minority leader of the senate;
new text end

new text begin (4) two members appointed by the speaker of the house; and
new text end

new text begin (5) two members appointed by the minority leader of the house of representatives.
new text end

new text begin (b) All appointed members must have knowledge and demonstrated expertise in one or
more of the following areas: health care finance, health economics, health care management
or administration at a senior level, health care consumer advocacy, representing the health
care workforce as a leader in a labor organization, purchasing health care insurance as a
health benefits administrator, delivery of primary care, health plan company administration,
public or population health, and addressing health disparities and structural inequities.
new text end

new text begin (c) A member may not participate in board proceedings involving an organization,
activity, or transaction in which the member has either a direct or indirect financial interest,
other than as an individual consumer of health services.
new text end

new text begin (d) The Legislative Coordinating Commission shall coordinate appointments under this
subdivision to ensure that board members are appointed by August 1, 2022, and that board
members as a whole meet all of the criteria related to the knowledge and expertise specified
in paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin (a) Board appointees shall serve four-year terms. A board member shall
not serve more than three consecutive terms.
new text end

new text begin (b) A board member may resign at any time by giving written notice to the board.
new text end

new text begin Subd. 4. new text end

new text begin Chair; other officers. new text end

new text begin (a) The governor shall designate an acting chair from
the members appointed by the governor.
new text end

new text begin (b) The board shall elect a chair to replace the acting chair at the first meeting of the
board by a majority of the members. The chair shall serve for two years.
new text end

new text begin (c) The board shall elect a vice-chair and other officers from its membership as it deems
necessary.
new text end

new text begin Subd. 5. new text end

new text begin Staff; technical assistance; contracting. new text end

new text begin (a) The board shall hire a full-time
executive director and other staff, who shall serve in the unclassified service. The executive
director must have significant knowledge and expertise in health economics and demonstrated
experience in health policy.
new text end

new text begin (b) The attorney general shall provide legal services to the board.
new text end

new text begin (c) The Health Economics Division within the Department of Health shall provide
technical assistance to the board in analyzing health care trends and costs and in setting
health care spending growth targets.
new text end

new text begin (d) The board may employ or contract for professional and technical assistance, including
actuarial assistance, as the board deems necessary to perform the board's duties.
new text end

new text begin Subd. 6. new text end

new text begin Access to information. new text end

new text begin (a) The board may request that a state agency provide
the board with any publicly available information in a usable format as requested by the
board, at no cost to the board.
new text end

new text begin (b) The board may request from a state agency unique or custom data sets, and the agency
may charge the board for providing the data at the same rate the agency would charge any
other public or private entity.
new text end

new text begin (c) Any information provided to the board by a state agency must be de-identified. For
purposes of this subdivision, "de-identification" means the process used to prevent the
identity of a person or business from being connected with the information and ensuring
all identifiable information has been removed.
new text end

new text begin (d) Any data submitted to the board shall retain its original classification under the
Minnesota Data Practices Act in chapter 13.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin Board members shall not receive compensation but may receive
reimbursement for expenses as authorized under section 15.059, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin (a) Meetings of the board are subject to chapter 13D. The board shall
meet publicly at least quarterly. The board may meet in closed session when reviewing
proprietary information as specified in section 62J.71, subdivision 4.
new text end

new text begin (b) The board shall announce each public meeting at least two weeks prior to the
scheduled date of the meeting. Any materials for the meeting shall be made public at least
one week prior to the scheduled date of the meeting.
new text end

new text begin (c) At each public meeting, the board shall provide the opportunity for comments from
the public, including the opportunity for written comments to be submitted to the board
prior to a decision by the board.
new text end

Sec. 3.

new text begin [62J.88] HEALTH CARE AFFORDABILITY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The governor shall appoint a Health Care Affordability
Advisory Council to provide advice to the board on health care costs and access issues and
to represent the views of patients and other stakeholders. Members of the advisory council
shall be appointed based on their knowledge and demonstrated expertise in one or more of
the following areas: health care delivery, ensuring health care access for diverse populations,
public and population health, patient perspectives, health care cost trends and drivers, clinical
and health services research, innovation in health care delivery, and health care benefits
management.
new text end

new text begin Subd. 2. new text end

new text begin Duties; reports. new text end

new text begin (a) The council shall provide technical recommendations to
the board on:
new text end

new text begin (1) the identification of economic indicators and other metrics related to the development
and setting of health care spending growth targets;
new text end

new text begin (2) data sources for measuring health care spending; and
new text end

new text begin (3) measurement of the impact of health care spending growth targets on diverse
communities and populations, including but not limited to those communities and populations
adversely affected by health disparities.
new text end

new text begin (b) The council shall report technical recommendations and a summary of its activities
to the board at least annually, and shall submit additional reports on its activities and
recommendations to the board, as requested by the board or at the discretion of the council.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin (a) The initial appointed advisory council members shall serve staggered
terms of two, three, or four years determined by lot by the secretary of state. Following the
initial appointments, advisory council members shall serve four-year terms.
new text end

new text begin (b) Removal and vacancies of advisory council members shall be governed by section
15.059.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Advisory council members may be compensated according to
section 15.059.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin The advisory council shall meet at least quarterly. Meetings of the
advisory council are subject to chapter 13D.
new text end

new text begin Subd. 6. new text end

new text begin Exemption. new text end

new text begin Notwithstanding section 15.059, the advisory council shall not
expire.
new text end

Sec. 4.

new text begin [62J.89] DUTIES OF THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) The board shall monitor the administration and reform of
the health care delivery and payment systems in the state. The board shall:
new text end

new text begin (1) set health care spending growth targets for the state, as specified under section 62J.90;
new text end

new text begin (2) enhance the transparency of provider organizations;
new text end

new text begin (3) monitor the adoption and effectiveness of alternative payment methodologies;
new text end

new text begin (4) foster innovative health care delivery and payment models that lower health care
cost growth while improving the quality of patient care;
new text end

new text begin (5) monitor and review the impact of changes within the health care marketplace; and
new text end

new text begin (6) monitor patient access to necessary health care services.
new text end

new text begin (b) The board shall establish goals to reduce health care disparities in racial and ethnic
communities and to ensure access to quality care for persons with disabilities or with chronic
or complex health conditions.
new text end

new text begin Subd. 2. new text end

new text begin Market trends. new text end

new text begin The board shall monitor efforts to reform the health care
delivery and payment system in Minnesota to understand emerging trends in the commercial
health insurance market, including large self-insured employers and the state's public health
care programs, in order to identify opportunities for state action to achieve:
new text end

new text begin (1) improved patient experience of care, including quality and satisfaction;
new text end

new text begin (2) improved health of all populations, including a reduction in health disparities; and
new text end

new text begin (3) a reduction in the growth of health care costs.
new text end

new text begin Subd. 3. new text end

new text begin Recommendations for reform. new text end

new text begin The board shall make recommendations for
legislative policy, market, or any other reforms to:
new text end

new text begin (1) lower the rate of growth in commercial health care costs and public health care
program spending in the state;
new text end

new text begin (2) positively impact the state's rankings in the areas listed in this subdivision and
subdivision 2; and
new text end

new text begin (3) improve the quality and value of care for all Minnesotans, and for specific populations
adversely affected by health inequities.
new text end

new text begin Subd. 4. new text end

new text begin Office of Patient Protection. new text end

new text begin The board shall establish an Office of Patient
Protection, to be operational by January 1, 2024. The office shall assist consumers with
issues related to access and quality of health care, and advise the legislature on ways to
reduce consumer health care spending and improve consumer experiences by reducing
complexity for consumers.
new text end

Sec. 5.

new text begin [62J.90] HEALTH CARE SPENDING GROWTH TARGETS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and administration. new text end

new text begin The board shall establish and
administer the health care spending growth target program to limit health care spending
growth in the state, and shall report regularly to the legislature and the public on progress
toward these targets.
new text end

new text begin Subd. 2. new text end

new text begin Methodology. new text end

new text begin (a) The board shall develop a methodology to establish annual
health care spending growth targets and the economic indicators to be used in establishing
the initial and subsequent target levels.
new text end

new text begin (b) The health care spending growth target must:
new text end

new text begin (1) use a clear and operational definition of total state health care spending;
new text end

new text begin (2) promote a predictable and sustainable rate of growth for total health care spending
as measured by an established economic indicator, such as the rate of increase of the state's
economy or of the personal income of residents of this state, or a combination;
new text end

new text begin (3) define the health care markets and the entities to which the targets apply;
new text end

new text begin (4) take into consideration the potential for variability in targets across public and private
payers;
new text end

new text begin (5) account for the health status of patients; and
new text end

new text begin (6) incorporate specific benchmarks related to health equity.
new text end

new text begin (c) In developing, implementing, and evaluating the growth target program, the board
shall:
new text end

new text begin (1) consider the incorporation of quality of care and primary care spending goals;
new text end

new text begin (2) ensure that the program does not place a disproportionate burden on communities
most impacted by health disparities, the providers who primarily serve communities most
impacted by health disparities, or individuals who reside in rural areas or have high health
care needs;
new text end

new text begin (3) explicitly consider payment models that help ensure financial sustainability of rural
health care delivery systems and the ability to provide population health;
new text end

new text begin (4) allow setting growth targets that encourage an individual health care entity to serve
populations with greater health care risks by incorporating:
new text end

new text begin (i) a risk factor adjustment reflecting the health status of the entity's patient mix; and
new text end

new text begin (ii) an equity adjustment accounting for the social determinants of health and other
factors related to health equity for the entity's patient mix;
new text end

new text begin (5) ensure that growth targets:
new text end

new text begin (i) do not constrain the Minnesota health care workforce, including the need to provide
competitive wages and benefits;
new text end

new text begin (ii) do not limit the use of collective bargaining or place a floor or ceiling on health care
workforce compensation; and
new text end

new text begin (iii) promote workforce stability and maintain high-quality health care jobs; and
new text end

new text begin (6) consult with the advisory council and other stakeholders.
new text end

new text begin Subd. 3. new text end

new text begin Data. new text end

new text begin The board shall identify data to be used for tracking performance in
meeting the growth target and identify methods of data collection necessary for efficient
implementation by the board. In identifying data and methods, the board shall:
new text end

new text begin (1) consider the availability, timeliness, quality, and usefulness of existing data, including
the data collected under section 62U.04;
new text end

new text begin (2) assess the need for additional investments in data collection, data validation, or data
analysis capacity to support the board in performing its duties; and
new text end

new text begin (3) minimize the reporting burden to the extent possible.
new text end

new text begin Subd. 4. new text end

new text begin Setting growth targets; related duties. new text end

new text begin (a) The board, by June 15, 2023, and
by June 15 of each succeeding calendar year through June 15, 2027, shall establish annual
health care spending growth targets for the next calendar year consistent with the
requirements of this section. The board shall set annual health care spending growth targets
for the five-year period from January 1, 2024, through December 31, 2028.
new text end

new text begin (b) The board shall periodically review all components of the health care spending
growth target program methodology, economic indicators, and other factors. The board may
revise the annual spending growth targets after a public hearing, as appropriate. If the board
revises a spending growth target, the board must provide public notice at least 60 days
before the start of the calendar year to which the revised growth target will apply.
new text end

new text begin (c) The board, based on an analysis of drivers of health care spending and evidence from
public testimony, shall evaluate strategies and new policies, including the establishment of
accountability mechanisms, that are able to contribute to meeting growth targets and limiting
health care spending growth without increasing disparities in access to health care.
new text end

new text begin Subd. 5. new text end

new text begin Hearings. new text end

new text begin At least annually, the board shall hold public hearings to present
findings from spending growth target monitoring. The board shall also regularly hold public
hearings to take testimony from stakeholders on health care spending growth, setting and
revising health care spending growth targets, the impact of spending growth and growth
targets on health care access and quality, and as needed to perform the duties assigned under
section 62J.89, subdivisions 1, 2, and 3.
new text end

Sec. 6.

new text begin [62J.91] NOTICE TO HEALTH CARE ENTITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. new text end

new text begin (a) The board shall provide notice to all health care entities that
have been identified by the board as exceeding the spending growth target for any given
year.
new text end

new text begin (b) For purposes of this section, "health care entity" shall be defined by the board during
the development of the health care spending growth methodology. When developing this
methodology, the board shall consider a definition of health care entity that includes clinics,
hospitals, ambulatory surgical centers, physician organizations, accountable care
organizations, integrated provider and plan systems, and other entities defined by the board,
provided that physician organizations with a patient panel of 15,000 or fewer, or which
represent providers who collectively receive less than $25,000,000 in annual net patient
service revenue from health plan companies and other payers, shall be exempt.
new text end

new text begin Subd. 2. new text end

new text begin Performance improvement plans. new text end

new text begin (a) The board shall establish and implement
procedures to assist health care entities to improve efficiency and reduce cost growth by
requiring some or all health care entities provided notice under subdivision 1 to file and
implement a performance improvement plan. The board shall provide written notice of this
requirement to health care entities.
new text end

new text begin (b) Within 45 days of receiving a notice of the requirement to file a performance
improvement plan, a health care entity shall:
new text end

new text begin (1) file a performance improvement plan with the board; or
new text end

new text begin (2) file an application with the board to waive the requirement to file a performance
improvement plan or extend the timeline for filing a performance improvement plan.
new text end

new text begin (c) The health care entity may file any documentation or supporting evidence with the
board to support the health care entity's application to waive or extend the timeline to file
a performance improvement plan. The board shall require the health care entity to submit
any other relevant information it deems necessary in considering the waiver or extension
application, provided that this information shall be made public at the discretion of the
board. The board may waive or delay the requirement for a health care entity to file a
performance improvement plan in response to a waiver or extension request in light of all
information received from the health care entity, based on a consideration of the following
factors:
new text end

new text begin (1) the costs, price, and utilization trends of the health care entity over time, and any
demonstrated improvement in reducing per capita medical expenses adjusted by health
status;
new text end

new text begin (2) any ongoing strategies or investments that the health care entity is implementing to
improve future long-term efficiency and reduce cost growth;
new text end

new text begin (3) whether the factors that led to increased costs for the health care entity can reasonably
be considered to be unanticipated and outside of the control of the entity. new text end new text begin These factors may
include but shall not be limited to age and other health status adjusted factors and other cost
inputs such as pharmaceutical expenses and medical device expenses;
new text end

new text begin (4) the overall financial condition of the health care entity; and
new text end

new text begin (5) any other factors the board considers relevant. If the board declines to waive or
extend the requirement for the health care entity to file a performance improvement plan,
the board shall provide written notice to the health care entity that its application for a waiver
or extension was denied and the health care entity shall file a performance improvement
plan.
new text end

new text begin (d) A health care entity shall file a performance improvement plan with the board:
new text end

new text begin (1) within 45 days of receipt of an initial notice;
new text end

new text begin (2) if the health care entity has requested a waiver or extension, within 45 days of receipt
of a notice that such waiver or extension has been denied; or
new text end

new text begin (3) if the health care entity is granted an extension, on the date given on the extension.
new text end

new text begin The performance improvement plan shall identify the causes of the entity's cost growth and
shall include but not be limited to specific strategies, adjustments, and action steps the entity
proposes to implement to improve cost performance. The proposed performance improvement
plan shall include specific identifiable and measurable expected outcomes and a timetable
for implementation. The timetable for a performance improvement plan must not exceed
18 months.
new text end

new text begin (e) The board shall approve any performance improvement plan that it determines is
reasonably likely to address the underlying cause of the entity's cost growth and has a
reasonable expectation for successful implementation. If the board determines that the
performance improvement plan is unacceptable or incomplete, the board may provide
consultation on the criteria that have not been met and may allow an additional time period
of up to 30 calendar days for resubmission. Upon approval of the proposed performance
improvement plan, the board shall notify the health care entity to begin immediate
implementation of the performance improvement plan. Public notice shall be provided by
the board on its website, identifying that the health care entity is implementing a performance
improvement plan. All health care entities implementing an approved performance
improvement plan shall be subject to additional reporting requirements and compliance
monitoring, as determined by the board. The board shall provide assistance to the health
care entity in the successful implementation of the performance improvement plan.
new text end

new text begin (f) All health care entities shall in good faith work to implement the performance
improvement plan. At any point during the implementation of the performance improvement
plan, the health care entity may file amendments to the performance improvement plan,
subject to approval of the board. At the conclusion of the timetable established in the
performance improvement plan, the health care entity shall report to the board regarding
the outcome of the performance improvement plan. If the board determines the performance
improvement plan was not implemented successfully, the board shall:
new text end

new text begin (1) extend the implementation timetable of the existing performance improvement plan;
new text end

new text begin (2) approve amendments to the performance improvement plan as proposed by the health
care entity;
new text end

new text begin (3) require the health care entity to submit a new performance improvement plan; or
new text end

new text begin (4) waive or delay the requirement to file any additional performance improvement
plans.
new text end

new text begin Upon the successful completion of the performance improvement plan, the board shall
remove the identity of the health care entity from the board's website. The board may assist
health care entities with implementing the performance improvement plans or otherwise
ensure compliance with this subdivision.
new text end

new text begin (g) If the board determines that a health care entity has:
new text end

new text begin (1) willfully neglected to file a performance improvement plan with the board within
45 days as required;
new text end

new text begin (2) failed to file an acceptable performance improvement plan in good faith with the
board;
new text end

new text begin (3) failed to implement the performance improvement plan in good faith; or
new text end

new text begin (4) knowingly failed to provide information required by this subdivision to the board or
knowingly provided false information, the board may assess a civil penalty to the health
care entity of not more than $500,000. The board shall only impose a civil penalty as a last
resort.
new text end

Sec. 7.

new text begin [62J.92] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirement. new text end

new text begin (a) The board shall present the reports required
by this section to the chairs and ranking members of the legislative committees with primary
jurisdiction over health care finance and policy. The board shall also make these reports
available to the public on the board's website.
new text end

new text begin (b) The board may contract with a third-party vendor for technical assistance in preparing
the reports.
new text end

new text begin Subd. 2. new text end

new text begin Progress reports. new text end

new text begin The board shall submit written progress updates about the
development and implementation of the health care spending growth target program by
February 15, 2024, and February 15, 2025. The updates must include reporting on board
membership and activities, program design decisions, planned timelines for implementation
of the program, and the progress of implementation. The reports must include the
methodological details underlying program design decisions.
new text end

new text begin Subd. 3. new text end

new text begin Health care spending trends. new text end

new text begin By December 15, 2024, and every December
15 thereafter, the board shall submit a report on health care spending trends and the health
care spending growth target program that includes:
new text end

new text begin (1) spending growth in aggregate and for entities subject to health care spending growth
targets relative to established target levels;
new text end

new text begin (2) findings from analyses of drivers of health care spending growth;
new text end

new text begin (3) estimates of the impact of health care spending growth on Minnesota residents,
including for communities most impacted by health disparities, related to their access to
insurance and care, value of health care, and the ability to pursue other spending priorities;
new text end

new text begin (4) the potential and observed impact of the health care growth targets on the financial
viability of the rural delivery system;
new text end

new text begin (5) changes under consideration for revising the methodology to monitor or set growth
targets;
new text end

new text begin (6) recommendations for initiatives to assist health care entities in meeting health care
spending growth targets, including broader and more transparent adoption of value-based
payment arrangements; and
new text end

new text begin (7) the number of health care entities whose spending growth exceeded growth targets,
information on performance improvement plans and the extent to which the plans were
completed, and any civil penalties imposed on health care entities related to noncompliance
with performance improvement plans and related requirements.
new text end

Sec. 8.

Minnesota Statutes 2020, section 62U.04, subdivision 11, is amended to read:

Subd. 11.

Restricted uses of the all-payer claims data.

(a) Notwithstanding subdivision
4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's
designee shall only use the data submitted under subdivisions 4 and 5 for the following
purposes:

(1) to evaluate the performance of the health care home program as authorized under
section 62U.03, subdivision 7;

(2) to study, in collaboration with the reducing avoidable readmissions effectively
(RARE) campaign, hospital readmission trends and rates;

(3) to analyze variations in health care costs, quality, utilization, and illness burden based
on geographical areas or populations;

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments
of Health and Human Services, including the analysis of health care cost, quality, and
utilization baseline and trend information for targeted populations and communities; deleted text begin and
deleted text end

(5) to compile one or more public use files of summary data or tables that must:

(i) be available to the public for no or minimal cost by March 1, 2016, and available by
web-based electronic data download by June 30, 2019;

(ii) not identify individual patients, payers, or providers;

(iii) be updated by the commissioner, at least annually, with the most current data
available;

(iv) contain clear and conspicuous explanations of the characteristics of the data, such
as the dates of the data contained in the files, the absence of costs of care for uninsured
patients or nonresidents, and other disclaimers that provide appropriate context; and

(v) not lead to the collection of additional data elements beyond what is authorized under
this section as of June 30, 2015 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) to provide technical assistance to the Health Care Affordability Board to implement
sections 62J.86 to 62J.92.
new text end

(b) The commissioner may publish the results of the authorized uses identified in
paragraph (a) so long as the data released publicly do not contain information or descriptions
in which the identity of individual hospitals, clinics, or other providers may be discerned.

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
using the data collected under subdivision 4 to complete the state-based risk adjustment
system assessment due to the legislature on October 1, 2015.

(d) The commissioner or the commissioner's designee may use the data submitted under
subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1,
2023.

(e) The commissioner shall consult with the all-payer claims database work group
established under subdivision 12 regarding the technical considerations necessary to create
the public use files of summary data described in paragraph (a), clause (5).

Sec. 9. new text begin RECOMMENDATIONS; OFFICE OF PATIENT PROTECTION.
new text end

new text begin (a) The commissioners of human services, health, and commerce and the MNsure board
shall submit to the health care affordability board and the chairs and ranking minority
members of the legislative committees with primary jurisdiction over health and human
services finance and policy and commerce by January 15, 2023, a report on the organization
and duties of the Office of Patient Protection, to be established under Minnesota Statutes,
section 62J.89, subdivision 4. The report must include recommendations on how the office
shall:
new text end

new text begin (1) coordinate or consolidate within the office existing state agency patient protection
activities, including but not limited to the activities of ombudsman offices and the MNsure
board;
new text end

new text begin (2) enforce standards and procedures under Minnesota Statutes, chapter 62M, for
utilization review organizations;
new text end

new text begin (3) work with private sector and state agency consumer assistance programs to assist
consumers with questions or concerns relating to public programs and private insurance
coverage;
new text end

new text begin (4) establish and implement procedures to assist consumers aggrieved by restrictions on
patient choice, denials of services, and reductions in quality of care resulting from any final
action by a payer or provider; and
new text end

new text begin (5) make health plan company quality of care and patient satisfaction information and
other information collected by the office readily accessible to consumers on the board's
website.
new text end

new text begin (b) The commissioners and the MNsure board shall consult with stakeholders as they
develop the recommendations. The stakeholders consulted must include but are not limited
to organizations and individuals representing: underserved communities; persons with
disabilities; low-income Minnesotans; senior citizens; and public and private sector health
plan enrollees, including persons who purchase coverage through MNsure, health plan
companies, and public and private sector purchasers of health coverage.
new text end

new text begin (c) The commissioners and the MNsure board may contract with a third party to develop
the report and recommendations.
new text end

Sec. 10. new text begin TRANSFER OF FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Health Care Affordability Board. new text end

new text begin $....... in fiscal year 2023 and $.......
in fiscal year 2024 are transferred from the appropriation to extend the Minnesota premium
security plan under Minnesota Statutes, section 62E.23, to the Health Care Affordability
Board to implement this act.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of health. new text end

new text begin $....... in fiscal year 2023 and $....... in fiscal year
2024 are transferred from the appropriation to extend the Minnesota premium security plan
under Minnesota Statutes, section 62E.23, to the commissioner of health to fund activities
of the Health Economics Division necessary to implement this act.
new text end