SF 675

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing a health insurance 
  1.3             counseling and assistance program; appropriating 
  1.4             money; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 256. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [256.9771] [HEALTH INSURANCE COUNSELING AND 
  1.8   ASSISTANCE PROGRAM.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.10  section, "beneficiary" means an individual who will become a 
  1.11  Medicare beneficiary within five years, a current Medicare 
  1.12  beneficiary, or a family member or friend who is assisting a 
  1.13  medicare beneficiary. 
  1.14     (b) "Certified health insurance counselor" means an 
  1.15  individual who is a volunteer or paid staff member of a health 
  1.16  insurance counseling program who completes the initial training 
  1.17  approved by the Minnesota board on aging, receives a passing 
  1.18  grade on a competency examination, and completes ongoing 
  1.19  training. 
  1.20     (c) "Health benefits and coverage" means the Social 
  1.21  Security Act, United States Code, title 42, sections 1395 and 
  1.22  1396 et seq., long-term care insurance, and other related health 
  1.23  care benefit programs. 
  1.24     Subd. 2.  [ESTABLISHMENT OF PROGRAM.] The board on aging 
  1.25  shall establish a health insurance counseling and assistance 
  2.1   program.  The program must consist of certified health insurance 
  2.2   counselors who provide beneficiaries: 
  2.3      (1) objective information and education materials on health 
  2.4   benefits and coverage; 
  2.5      (2) one-to-one counseling on health benefits and coverage 
  2.6   choices; and 
  2.7      (3) assistance with acquiring appropriate health benefits 
  2.8   and coverage, and payment for health care services. 
  2.9      Subd. 3.  [TRAINING.] The board on aging shall develop and 
  2.10  implement an initial and ongoing training program and a 
  2.11  certification process based on competency for volunteer and paid 
  2.12  health insurance counselors. 
  2.13     Subd. 4.  [PROVISION OF INFORMATION.] The board on aging, 
  2.14  with cooperation of the commissioners of health, commerce, and 
  2.15  human services, shall provide the certified health insurance 
  2.16  counselors with timely information on health benefits and 
  2.17  coverage. 
  2.18     Subd. 5.  [REFERRAL.] The board on aging shall assist the 
  2.19  health insurance counseling and assistance program in 
  2.20  establishing referral systems to relevant federal, state, and 
  2.21  local agencies who assist beneficiaries with health benefits and 
  2.22  coverage, and payment problems. 
  2.23     Subd. 6.  [IMMUNITY FROM LIABILITY.] A health insurance 
  2.24  counselor certified under this section is immune from civil 
  2.25  liability that otherwise might arise from providing health 
  2.26  insurance counseling services if the person's actions are in 
  2.27  good faith, are within the scope of the person's 
  2.28  responsibilities, and do not constitute willful or reckless 
  2.29  conduct.  This immunity does not extend to the entity sponsoring 
  2.30  the health insurance counseling program. 
  2.31     Subd. 7.  [CONFLICT OF INTEREST.] A certified health 
  2.32  insurance counselor or program sponsoring the service must not 
  2.33  have a conflict of interest such that they market for, regulate, 
  2.34  sell, profit from, or promote a health insurance policy or plan; 
  2.35  or profit from a for-profit health insurance billing or 
  2.36  counseling agency.  
  3.1      Subd. 8.  [PROGRAM DATA.] (a) Except as provided in this 
  3.2   section, data maintained by certified health insurance 
  3.3   counselors and programs sponsoring the service under subdivision 
  3.4   2 are private data on individuals as defined in section 13.02, 
  3.5   subdivision 12, or nonpublic data as defined in section 13.02, 
  3.6   subdivision 9. 
  3.7      (b) Data maintained by certified health insurance 
  3.8   counselors and programs sponsoring the service that relate to 
  3.9   the identity of a beneficiary shall be released only with the 
  3.10  consent of the beneficiary.  A certified health insurance 
  3.11  counselor who violates this subdivision shall be decertified and 
  3.12  relieved of duties with the program. 
  3.13     Subd. 9.  [ALLOCATION AND ADMINISTRATION.] The board on 
  3.14  aging may allocate the funds to local health insurance 
  3.15  counseling programs directly, in cooperation with other state 
  3.16  agencies, or under an agreement with a statewide nonprofit 
  3.17  organization, an area agency on aging, or another public or 
  3.18  nonprofit agency or organization. 
  3.19     Sec. 2.  [APPROPRIATION.] 
  3.20     $100,000 is appropriated from the general fund to the board 
  3.21  on aging for the purpose of section 1.  The appropriation is 
  3.22  available until expended.