SF 795

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; directing the commissioner of 
  1.3             health not to adopt certain rules; repealing certain 
  1.4             data collection and research initiative provisions; 
  1.5             amending Minnesota Statutes 2002, sections 43A.24, 
  1.6             subdivision 2; 62J.04, subdivision 3; 62J.55; 270B.14, 
  1.7             subdivision 11; repealing Minnesota Statutes 2002, 
  1.8             sections 13.717, subdivisions 5, 6, 7, 8, 9; 62J.301; 
  1.9             62J.311; 62J.321; 62J.322; 62J.38; 62J.381; 62J.40; 
  1.10            62J.41; 62J.42; 62J.451; 62J.452; 144.335, subdivision 
  1.11            3b. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 43A.24, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
  1.16  are eligible for state paid life insurance and hospital, 
  1.17  medical, and dental benefits as determined in applicable 
  1.18  collective bargaining agreements or by the commissioner or by 
  1.19  plans pursuant to section 43A.18, subdivision 6, or by the board 
  1.20  of regents for employees of the University of Minnesota not 
  1.21  covered by collective bargaining agreements.  Coverages made 
  1.22  available, including optional coverages, are as contained in the 
  1.23  plan established pursuant to section 43A.18, subdivision 2: 
  1.24     (a) a member of the state legislature, provided that 
  1.25  changes in benefits resulting in increased costs to the state 
  1.26  shall not be effective until expiration of the term of the 
  1.27  members of the existing house of representatives.  An eligible 
  1.28  member of the state legislature may decline to be enrolled for 
  2.1   state paid coverages by filing a written waiver with the 
  2.2   commissioner.  The waiver shall not prohibit the member from 
  2.3   enrolling the member or dependents for optional coverages, 
  2.4   without cost to the state, as provided for in section 43A.26.  A 
  2.5   member of the state legislature who returns from a leave of 
  2.6   absence to a position previously occupied in the civil service 
  2.7   shall be eligible to receive the life insurance and hospital, 
  2.8   medical, and dental benefits to which the position is entitled; 
  2.9      (b) an employee of the legislature or an employee of a 
  2.10  permanent study or interim committee or commission or a state 
  2.11  employee on leave of absence to work for the legislature, during 
  2.12  a regular or special legislative session, as determined by the 
  2.13  legislative coordinating commission; 
  2.14     (c) a judge of the appellate courts or an officer or 
  2.15  employee of these courts; a judge of the district court, a judge 
  2.16  of county court, or a judge of county municipal court; a 
  2.17  district court referee, judicial officer, court reporter, or law 
  2.18  clerk; a district administrator; an employee of the office of 
  2.19  the district administrator that is not in the second or fourth 
  2.20  judicial district; a court administrator or employee of the 
  2.21  court administrator in a judicial district under section 
  2.22  480.181, subdivision 1, paragraph (b), and a guardian ad litem 
  2.23  program employee; 
  2.24     (d) a salaried employee of the public employees retirement 
  2.25  association; 
  2.26     (e) a full-time military or civilian officer or employee in 
  2.27  the unclassified service of the department of military affairs 
  2.28  whose salary is paid from state funds; 
  2.29     (f) a salaried employee of the Minnesota historical 
  2.30  society, whether paid from state funds or otherwise, who is not 
  2.31  a member of the governing board; 
  2.32     (g) an employee of the regents of the University of 
  2.33  Minnesota; 
  2.34     (h) notwithstanding section 43A.27, subdivision 3, an 
  2.35  employee of the state of Minnesota or the regents of the 
  2.36  University of Minnesota who is at least 60 and not yet 65 years 
  3.1   of age on July 1, 1982, who is otherwise eligible for employee 
  3.2   and dependent insurance and benefits pursuant to section 43A.18 
  3.3   or other law, who has at least 20 years of service and retires, 
  3.4   earlier than required, within 60 days of March 23, 1982; or an 
  3.5   employee who is at least 60 and not yet 65 years of age on July 
  3.6   1, 1982, who has at least 20 years of state service and retires, 
  3.7   earlier than required, from employment at Rochester state 
  3.8   hospital after July 1, 1981; or an employee who is at least 55 
  3.9   and not yet 65 years of age on July 1, 1982, and is covered by 
  3.10  the Minnesota state retirement system correctional employee 
  3.11  retirement plan or the state patrol retirement fund, who has at 
  3.12  least 20 years of state service and retires, earlier than 
  3.13  required, within 60 days of March 23, 1982.  For purposes of 
  3.14  this clause, a person retires when the person terminates active 
  3.15  employment in state or University of Minnesota service and 
  3.16  applies for a retirement annuity.  Eligibility shall cease when 
  3.17  the retired employee attains the age of 65, or when the employee 
  3.18  chooses not to receive the annuity that the employee has applied 
  3.19  for.  The retired employee shall be eligible for coverages to 
  3.20  which the employee was entitled at the time of retirement, 
  3.21  subject to any changes in coverage through collective bargaining 
  3.22  or plans established pursuant to section 43A.18, for employees 
  3.23  in positions equivalent to that from which retired, provided 
  3.24  that the retired employee shall not be eligible for state-paid 
  3.25  life insurance.  Coverages shall be coordinated with relevant 
  3.26  health insurance benefits provided through the federally 
  3.27  sponsored Medicare program; 
  3.28     (i) an employee of an agency of the state of Minnesota 
  3.29  identified through the process provided in this paragraph who is 
  3.30  eligible to retire prior to age 65.  The commissioner and the 
  3.31  exclusive representative of state employees shall enter into 
  3.32  agreements under section 179A.22 to identify employees whose 
  3.33  positions are in programs that are being permanently eliminated 
  3.34  or reduced due to federal or state policies or practices.  
  3.35  Failure to reach agreement identifying these employees is not 
  3.36  subject to impasse procedures provided in chapter 179A.  The 
  4.1   commissioner must prepare a plan identifying eligible employees 
  4.2   not covered by a collective bargaining agreement in accordance 
  4.3   with the process outlined in section 43A.18, subdivisions 2 and 
  4.4   3.  For purposes of this paragraph, a person retires when the 
  4.5   person terminates active employment in state service and applies 
  4.6   for a retirement annuity.  Eligibility ends as provided in the 
  4.7   agreement or plan, but must cease at the end of the month in 
  4.8   which the retired employee chooses not to receive an annuity, or 
  4.9   the employee is eligible for employer-paid health insurance from 
  4.10  a new employer.  The retired employees shall be eligible for 
  4.11  coverages to which they were entitled at the time of retirement, 
  4.12  subject to any changes in coverage through collective bargaining 
  4.13  or plans established under section 43A.18 for employees in 
  4.14  positions equivalent to that from which they retired, provided 
  4.15  that the retired employees shall not be eligible for state-paid 
  4.16  life insurance; and 
  4.17     (j) employees of the state board of public defense, with 
  4.18  eligibility determined by the state board of public defense in 
  4.19  consultation with the commissioner of employee relations; and 
  4.20     (k) employees of the health data institute under section 
  4.21  62J.451, subdivision 12, as paid for by the health data 
  4.22  institute. 
  4.23     Sec. 2.  Minnesota Statutes 2002, section 62J.04, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [COST CONTAINMENT DUTIES.] The commissioner shall:
  4.26     (1) establish statewide and regional cost containment goals 
  4.27  for total health care spending under this section and collect 
  4.28  data as described in sections 62J.38 to 62J.41 to monitor 
  4.29  statewide achievement of the cost containment goals; 
  4.30     (2) divide the state into no fewer than four regions, with 
  4.31  one of those regions being the Minneapolis/St. Paul metropolitan 
  4.32  statistical area but excluding Chisago, Isanti, Wright, and 
  4.33  Sherburne counties, for purposes of fostering the development of 
  4.34  regional health planning and coordination of health care 
  4.35  delivery among regional health care systems and working to 
  4.36  achieve the cost containment goals; 
  5.1      (3) monitor the quality of health care throughout the state 
  5.2   and take action as necessary to ensure an appropriate level of 
  5.3   quality; 
  5.4      (4) issue recommendations regarding uniform billing forms, 
  5.5   uniform electronic billing procedures and data interchanges, 
  5.6   patient identification cards, and other uniform claims and 
  5.7   administrative procedures for health care providers and private 
  5.8   and public sector payers.  In developing the recommendations, 
  5.9   the commissioner shall review the work of the work group on 
  5.10  electronic data interchange (WEDI) and the American National 
  5.11  Standards Institute (ANSI) at the national level, and the work 
  5.12  being done at the state and local level.  The commissioner may 
  5.13  adopt rules requiring the use of the Uniform Bill 82/92 form, 
  5.14  the National Council of Prescription Drug Providers (NCPDP) 3.2 
  5.15  electronic version, the Centers for Medicare and Medicaid 
  5.16  Services 1500 form, or other standardized forms or procedures; 
  5.17     (5) undertake health planning responsibilities as provided 
  5.18  in section 62J.15; 
  5.19     (6) authorize, fund, or promote research and 
  5.20  experimentation on new technologies and health care procedures; 
  5.21     (7) within the limits of appropriations for these purposes, 
  5.22  administer or contract for statewide consumer education and 
  5.23  wellness programs that will improve the health of Minnesotans 
  5.24  and increase individual responsibility relating to personal 
  5.25  health and the delivery of health care services, undertake 
  5.26  prevention programs including initiatives to improve birth 
  5.27  outcomes, expand childhood immunization efforts, and provide 
  5.28  start-up grants for worksite wellness programs; 
  5.29     (8) undertake other activities to monitor and oversee the 
  5.30  delivery of health care services in Minnesota with the goal of 
  5.31  improving affordability, quality, and accessibility of health 
  5.32  care for all Minnesotans; and 
  5.33     (9) make the cost containment goal data available to the 
  5.34  public in a consumer-oriented manner. 
  5.35     Sec. 3.  Minnesota Statutes 2002, section 62J.55, is 
  5.36  amended to read: 
  6.1      62J.55 [PRIVACY OF UNIQUE IDENTIFIERS.] 
  6.2      (a) When the unique identifiers specified in section 62J.54 
  6.3   are used for data collection purposes, the identifiers must be 
  6.4   encrypted, as required in section 62J.321, subdivision 1.  
  6.5   Encryption must follow encryption standards set by the National 
  6.6   Bureau of Standards and approved by the American National 
  6.7   Standards Institute as ANSIX3. 92-1982/R 1987 to protect the 
  6.8   confidentiality of the data.  Social security numbers must not 
  6.9   be maintained in unencrypted form in the database, and the data 
  6.10  must never be released in a form that would allow for the 
  6.11  identification of individuals.  The encryption algorithm and 
  6.12  hardware used must not use clipper chip technology.  
  6.13     (b) Providers and group purchasers shall treat medical 
  6.14  records, including the social security number if it is used as a 
  6.15  unique patient identifier, in accordance with section 144.335.  
  6.16  The social security number may be disclosed by providers and 
  6.17  group purchasers to the commissioner as necessary to allow 
  6.18  performance of those duties set forth in section 144.05.  
  6.19     Sec. 4.  Minnesota Statutes 2002, section 270B.14, 
  6.20  subdivision 11, is amended to read: 
  6.21     Subd. 11.  [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On 
  6.22  the request of the commissioner of health, the commissioner may 
  6.23  disclose return information to the extent provided in paragraph 
  6.24  (b) and for the purposes provided in paragraph (c). 
  6.25     (b) Data that may be disclosed are limited to the 
  6.26  taxpayer's identity, as defined in section 270B.01, subdivision 
  6.27  5. 
  6.28     (c) The commissioner of health may request data only for 
  6.29  the purposes of carrying out epidemiologic investigations, which 
  6.30  includes conducting occupational health and safety surveillance, 
  6.31  and locating and notifying individuals exposed to health hazards 
  6.32  as a result of employment.  Requests for data by the 
  6.33  commissioner of health must be in writing and state the purpose 
  6.34  of the request.  Data received may be used only for the purposes 
  6.35  of section 144.0525. 
  6.36     (d) The commissioner may disclose health care service 
  7.1   revenue data to the commissioner of health as provided by 
  7.2   section 62J.41, subdivision 2. 
  7.3      Sec. 5.  [WITHDRAWAL OF RULES.] 
  7.4      The commissioner of health shall not adopt the rules 
  7.5   relating to administrative billing data as proposed in the State 
  7.6   Register, volume 27, page 243, August 19, 2002, or as 
  7.7   subsequently modified.  If the rules are adopted before the 
  7.8   effective date of this act, the rules are repealed retroactive 
  7.9   to the date of adoption. 
  7.10     Sec. 6.  [REPEALER.] 
  7.11     Minnesota Statutes 2002, sections 13.717, subdivisions 5, 
  7.12  6, 7, 8, and 9; 62J.301; 62J.311; 62J.321; 62J.322; 62J.38; 
  7.13  62J.381; 62J.40; 62J.41; 62J.42; 62J.451; 62J.452; and 144.335, 
  7.14  subdivision 3b, are repealed. 
  7.15     Sec. 7.  [EFFECTIVE DATE.] 
  7.16     Sections 1 to 6 are effective the day following final 
  7.17  enactment.