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Minnesota Legislature

Office of the Revisor of Statutes

SF 1

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 01/27/2017 08:23am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health care coverage; providing a temporary program to help pay for
health insurance premiums; modifying requirements for health maintenance
organizations; modifying provisions governing health insurance; requiring reports;
establishing a state reinsurance program through the Minnesota Comprehensive
Health Association; authorizing agricultural cooperative health plans; appropriating
money;amending Minnesota Statutes 2016, sections 60A.08, subdivision 15;
60A.235, subdivision 3; 60A.236; 62D.02, subdivision 4; 62D.03, subdivision 1;
62D.05, subdivision 1; 62D.06, subdivision 1; 62D.19; 62E.02, subdivision 3;
62L.12, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 62E; 62H; repealing Minnesota Statutes 2016, section 62D.12, subdivision
9; Laws 2007, chapter 147, article 12, section 14, as amended.

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

ARTICLE 1

PREMIUM ASSISTANCE

Section 1. new text beginPREMIUM ASSISTANCE PROGRAM ESTABLISHED.
new text end

new text begin The commissioner of management and budget, in consultation with the commissioner
of commerce and the commissioner of revenue, shall establish and administer a premium
assistance program to help eligible individuals pay expenses for qualified health coverage
in 2017.
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. 2. new text beginDEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 1 to 5, the following terms have the
meanings given, unless the context clearly indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of management and
budget.
new text end

new text begin Subd. 3. new text end

new text begin Eligible individual. new text end

new text begin "Eligible individual" means an individual who:
new text end

new text begin (1) is a resident of Minnesota;
new text end

new text begin (2) purchased qualified health coverage for calendar year 2017;
new text end

new text begin (3) meets the income eligibility requirements under section 3, subdivision 3;
new text end

new text begin (4) is not receiving a premium assistance credit under section 36B of the Internal Revenue
Code for calendar year 2017; and
new text end

new text begin (5) is approved by the commissioner as qualifying for premium assistance.
new text end

new text begin Subd. 4. new text end

new text begin Health plan. new text end

new text begin "Health plan" has the meaning provided in Minnesota Statutes,
section 62A.011, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Health plan company. new text end

new text begin "Health plan company" means a health carrier, as
defined in Minnesota Statutes, section 62A.011, subdivision 2, that provides qualified health
coverage in the individual market through MNsure or outside of MNsure to Minnesota
residents in 2017.
new text end

new text begin Subd. 6. new text end

new text begin Individual market. new text end

new text begin "Individual market" means the individual market as defined
in Minnesota Statutes, section 62A.011, subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Internal Revenue Code. new text end

new text begin "Internal Revenue Code" means the Internal Revenue
Code as amended through December 31, 2016.
new text end

new text begin Subd. 8. new text end

new text begin Modified adjusted gross income. new text end

new text begin "Modified adjusted gross income" means
the modified adjusted gross income for taxable year 2016, as defined in section 36B(d)(2)(B)
of the Internal Revenue Code.
new text end

new text begin Subd. 9. new text end

new text begin Premium assistance. new text end

new text begin "Premium assistance," "assistance amount," or "assistance"
means the amount allowed to an eligible individual as determined by the commissioner
under section 3 as a percentage of the qualified premium.
new text end

new text begin Subd. 10. new text end

new text begin Program. new text end

new text begin "Program" means the premium assistance program established
under section 1.
new text end

new text begin Subd. 11. new text end

new text begin Qualified health coverage. new text end

new text begin "Qualified health coverage" means an individual
health plan, as defined under section 62A.011, subdivision 4, that is not a grandfathered
plan, as defined under section 62A.011, subdivision 1b, provided by a health plan company
through MNsure or outside of MNsure.
new text end

new text begin Subd. 12. new text end

new text begin Qualified premium. new text end

new text begin "Qualified premium" means the premium for qualified
health coverage purchased by an eligible individual.
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. 3. new text beginPREMIUM ASSISTANCE AMOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Applications by individuals; notification of eligibility. new text end

new text begin (a) An eligible
individual may apply to the commissioner to receive premium assistance under this section
at any time after purchase of qualified health coverage, but no later than January 31, 2018.
The commissioner shall prescribe the manner and form for applications, including requiring
any information the commissioner considers necessary or useful in determining whether an
applicant is eligible and the assistance amount allowed to the individual under this section.
The commissioner shall make application forms available on the agency's Web site.
new text end

new text begin (b) The commissioner shall notify applicants of their eligibility status under the program,
including, for applicants determined to be eligible, their premium assistance amount.
new text end

new text begin Subd. 2. new text end

new text begin Health plan companies. new text end

new text begin (a) The commissioner shall require a health plan
company to provide to the commissioner the following information on an individual who
has applied for premium assistance:
new text end

new text begin (1) whether the individual is covered by the health plan;
new text end

new text begin (2) the qualified premium for the coverage;
new text end

new text begin (3) whether the coverage is individual or family coverage; and
new text end

new text begin (4) whether the individual is receiving advance payment of the credit under section 36B
of the Internal Revenue Code, as reported to the health plan company by MNsure.
new text end

new text begin (b) A health plan company must notify the commissioner of coverage terminations of
eligible individuals within ten business days of termination of off-exchange qualified health
coverage or within ten business days of MNsure reporting the coverage termination to the
health plan company for qualified health coverage purchased through MNsure.
new text end

new text begin (c) Each health plan company shall make the application forms developed by the
commissioner under subdivision 1 available on the company's Web site, and shall include
application forms with premium notices for individual health coverage.
new text end

new text begin (d) This subdivision expires on July 1, 2018.
new text end

new text begin Subd. 3. new text end

new text begin Income eligibility rules. new text end

new text begin (a) Individuals with incomes that meet the requirements
of this subdivision satisfy the income eligibility requirements for the program. For purposes
of this subdivision, "poverty line" has the meaning used in section 36B of the Internal
Revenue Code, except that modified adjusted gross income, as reported on the individual's
federal income tax return for tax year 2016, must be used instead of household income. For
married separate filers claiming eligibility for family coverage, modified adjusted gross
income equals the sum of that income reported by both spouses on their returns.
new text end

new text begin (b) The following income categories apply.
new text end

new text begin Modified Adjusted Gross Income:
new text end
new text begin Income Category:
new text end
new text begin (1) not exceeding 300 percent of poverty line;
new text end
new text begin not eligible
new text end
new text begin (2) greater than 300 percent but not exceeding
400 percent of the poverty line;
new text end
new text begin category 1
new text end
new text begin (3) greater than 400 percent but not exceeding
600 percent of the poverty line;
new text end
new text begin category 2
new text end
new text begin (4) greater than 600 percent but not exceeding
800 percent of the poverty line; and
new text end
new text begin category 3
new text end
new text begin (5) greater than 800 percent of the poverty
line.
new text end
new text begin not eligible
new text end

new text begin Subd. 4. new text end

new text begin Determination of assistance amounts. new text end

new text begin (a) The commissioner shall determine
premium assistance amounts as provided under this subdivision so that the estimated sum
of all premium assistance for eligible individuals does not exceed the appropriation for this
purpose.
new text end

new text begin (b) The commissioner shall determine premium assistance amounts as follows:
new text end

new text begin (1) for the period January 1, 2017, through March 31, 2017, eligible individuals in income
categories 1, 2, and 3 qualify for premium assistance equal to 25 percent of the qualified
premium for effectuated coverage;
new text end

new text begin (2) for the period April 1, 2017, through December 31, 2017, eligible individuals in
income category 1 qualify for premium assistance equal to 30 percent of the qualified
premium for effectuated coverage;
new text end

new text begin (3) for the period April 1, 2017, through December 31, 2017, eligible individuals in
income category 2 qualify for premium assistance equal to 25 percent of the qualified
premium for effectuated coverage; and
new text end

new text begin (4) for the period April 1, 2017, through December 31, 2017, eligible individuals in
income category 3 qualify for premium assistance at a level to be determined by the
commissioner based on the availability of funding, but not to exceed 20 percent of the
qualified premium for effectuated coverage.
new text end

new text begin Subd. 5. new text end

new text begin Provision of premium assistance to eligible individuals. new text end

new text begin (a) The commissioner
shall provide the premium assistance amount calculated under subdivision 4 on a monthly
basis to each eligible individual. The commissioner shall provide each eligible individual
with the option of receiving premium assistance through direct deposit to a financial
institution.
new text end

new text begin (b) If the commissioner, for administrative reasons, is unable to provide an eligible
individual with the premium assistance owed for one or more months for which the eligible
individual had effectuated coverage, the commissioner shall include the premium assistance
owed for that period with the premium assistance payment for the first month for which the
commissioner is able to provide premium assistance in a timely manner.
new text end

new text begin (c) The commissioner may require an eligible individual to provide any documentation
and substantiation of payment of the qualified premium that the commissioner considers
appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Contracting. new text end

new text begin The commissioner may contract with a third-party administrator
to determine eligibility for and administer premium assistance under this section.
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. 4. new text beginAUDIT AND PROGRAM INTEGRITY.
new text end

new text begin Subdivision 1. new text end

new text begin Audit. new text end

new text begin The legislative auditor shall audit implementation of the premium
assistance program by the commissioner to determine whether premium assistance payments
align with the criteria established in sections 2 and 3. The legislative auditor shall present
a report summarizing findings of the audit to the legislative committees with jurisdiction
over insurance and health by June 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Program integrity. new text end

new text begin The commissioner of revenue has access to and shall
review data from the Department of Management and Budget, the Department of Human
Services, MNsure, and the taxable year 2016 tax returns to identify ineligible individuals
who received health care premium assistance or individuals who received premium assistance
in excess of the amount to which they are entitled. The commissioner of revenue shall
recover the amount of any premium assistance paid on behalf of an ineligible individual or
the amount in excess of the amount to which an individual is entitled, in the manner provided
by law for the collection of unpaid taxes or erroneously paid refunds of taxes.
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. 5. new text beginDATA PRACTICES.
new text end

new text begin Information submitted by a health plan company under section 3, subdivision 2, and
data on an individual who applies for or receives health care premium assistance are private
data on individuals as defined in Minnesota Statutes, section 13.02, subdivision 12. The
data may be shared with the commissioner of revenue for program integrity purposes under
section 4, subdivision 2.
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. 6. new text beginTRANSFER.
new text end

new text begin $300,157,000 in fiscal year 2017 is transferred from the budget reserve account in
Minnesota Statutes, section 16A.152, subdivision 1a, to the general fund.
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. 7. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $285,000,000 in fiscal year 2017 is appropriated from the general fund to the
commissioner of management and budget for premium assistance under section 3. No more
than 6.7 percent of this appropriation is available to the commissioner for administrative
costs. This is a onetime appropriation and is available until June 30, 2018. Any unexpended
amount from this appropriation shall be transferred from the general fund to the budget
reserve account in Minnesota Statutes, section 16A.152, subdivision 1a.
new text end

new text begin (b) $157,000 in fiscal year 2017 is appropriated from the general fund to the legislative
auditor to conduct the audit required by section 4. This is a onetime appropriation and is
available until June 30, 2019.
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

ARTICLE 2

INSURANCE MARKET REFORMS

Section 1.

Minnesota Statutes 2016, section 60A.08, subdivision 15, is amended to read:


Subd. 15.

Classification of insurance filings data.

(a) All forms, rates, and related
information filed with the commissioner under section 61A.02 shall be nonpublic data until
the filing becomes effective.

(b) All forms, rates, and related information filed with the commissioner under section
62A.02 shall be nonpublic data until the filing becomes effective.

(c) All forms, rates, and related information filed with the commissioner under section
62C.14, subdivision 10, shall be nonpublic data until the filing becomes effective.

(d) All forms, rates, and related information filed with the commissioner under section
70A.06 shall be nonpublic data until the filing becomes effective.

(e) All forms, rates, and related information filed with the commissioner under section
79.56 shall be nonpublic data until the filing becomes effective.

(f) Notwithstanding paragraphs (b) and (c), for all rate increases subject to review under
section 2794 of the Public Health Services Act and any amendments to, or regulations, or
guidance issued under the act that are filed with the commissioner on or after September 1,
2011, the commissioner:

(1) may acknowledge receipt of the information;

(2) may acknowledge that the corresponding rate filing is pending review;

(3) must provide public access from the Department of Commerce's Web site to parts I
and II of the Preliminary Justifications of the rate increases subject to review; and

(4) must provide notice to the public on the Department of Commerce's Web site of the
review of the proposed rate, which must include a statement that the public has 30 calendar
days to submit written comments to the commissioner on the rate filing subject to review.

new text begin (g) Notwithstanding paragraphs (b) and (c), for all filed proposed premium rates for
individual health plans, as defined in section 62A.011, subdivision 4, and small employer
plans, as defined in section 62L.02, subdivision 28, the commissioner must provide public
access to compiled data of the proposed change to rates, separated by health plan and
geographic rating area, on the Department of Commerce's Web site within ten business days
after the filing deadline for the plans described under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 60A.235, subdivision 3, is amended to read:


Subd. 3.

Health plan policies issued as stop loss coverage.

(a) An insurance company
or health carrier issuing or renewing an insurance policy or other evidence of coverage, that
provides coverage to an employer for health care expenses incurred under an
employer-sponsored plan provided to the employer's employees, retired employees, or their
dependents, shall issue the policy or evidence of coverage as a health plan if the policy or
evidence of coverage:

(1) has a specific attachment point for claims incurred per individual that is lower than
deleted text begin $20,000deleted text endnew text begin $10,000new text end; or

deleted text begin (2) has an aggregate attachment point, for groups of 50 or fewer, that is lower than the
greater of:
deleted text end

deleted text begin (i) $4,000 times the number of group members;
deleted text end

deleted text begin (ii) 120 percent of expected claims; or
deleted text end

deleted text begin (iii) $20,000; or
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end has an aggregate attachment point deleted text beginfor groups of 51 or moredeleted text end that is lower than
110 percent of expected claims.

(b) An insurer shall determine the number of persons in a group, for the purposes of this
section, on a consistent basis, at least annually. Where the insurance policy or evidence of
coverage applies to a contract period of more than one year, the dollar amounts set forth in
paragraph (a), deleted text beginclausesdeleted text endnew text begin clausenew text end (1) deleted text beginand (2)deleted text end, must be multiplied by the length of the contract
period expressed in years.

deleted text begin (c) The commissioner may adjust the constant dollar amounts provided in paragraph
(a), clauses (1), (2), and (3), on January 1 of any year, based upon changes in the medical
component of the Consumer Price Index (CPI). Adjustments must be in increments of $100
and must not be made unless at least that amount of adjustment is required. The commissioner
shall publish any change in these dollar amounts at least six months before their effective
date.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end A policy or evidence of coverage issued by an insurance company or health carrier
that provides direct coverage of health care expenses of an individual including a policy or
evidence of coverage administered on a group basis is a health plan regardless of whether
the policy or evidence of coverage is denominated as stop loss coverage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment, and
applies to policies or evidence of coverage offered, issued, or renewed to an employer on
or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 60A.236, is amended to read:


60A.236 STOP LOSS REGULATION; SMALL EMPLOYER COVERAGE.

A contract providing stop loss coverage, issued or renewed to a small employer, as
defined in section 62L.02, subdivision 26, or to a plan sponsored by a small employer, must
include a claim settlement period no less favorable to the small employer or plan than
deleted text begin coverage of alldeleted text endnew text begin the following:
new text end

new text begin (1)new text end claims incurred during the contract period deleted text beginregardless of when the claims aredeleted text endnew text begin; and
new text end

new text begin (2)new text end paidnew text begin by the plan during the contract period or within one month after expiration of
the contract period
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment, and
applies to policies or evidence of coverage offered, issued, or renewed to an employer on
or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 62D.02, subdivision 4, is amended to read:


Subd. 4.

Health maintenance organization.

deleted text begin(a)deleted text end "Health maintenance organization"
means a deleted text beginnonprofitdeleted text end new text beginforeign or domestic new text endcorporation deleted text beginorganized under chapter 317Adeleted text end, or a local
governmental unit as defined in subdivision 11, controlled and operated as provided in
sections 62D.01 to 62D.30, which provides, either directly or through arrangements with
providers or other persons, comprehensive health maintenance services, or arranges for the
provision of these services, to enrollees on the basis of a fixed prepaid sum without regard
to the frequency or extent of services furnished to any particular enrollee.

deleted text begin (b) [Expired]
deleted 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. 5.

Minnesota Statutes 2016, section 62D.03, subdivision 1, is amended to read:


Subdivision 1.

Certificate of authority required.

Notwithstanding any law of this state
to the contrary, any deleted text beginnonprofitdeleted text endnew text begin foreign or domesticnew text end corporation organized to do so or a local
governmental unit may apply to the commissioner of health for a certificate of authority to
establish and operate a health maintenance organization in compliance with sections 62D.01
to 62D.30. No person shall establish or operate a health maintenance organization in this
state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic
consideration in conjunction with a health maintenance organization or health maintenance
contract unless the organization has a certificate of authority under sections 62D.01 to
62D.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2016, section 62D.05, subdivision 1, is amended to read:


Subdivision 1.

Authority granted.

Any deleted text beginnonprofitdeleted text end corporation or local governmental
unit may, upon obtaining a certificate of authority as required in sections 62D.01 to 62D.30,
operate as a health maintenance organization.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2016, section 62D.06, subdivision 1, is amended to read:


Subdivision 1.

Governing body composition; enrollee advisory body.

The governing
body of any health maintenance organization which is a deleted text beginnonprofitdeleted text end corporation may include
enrollees, providers, or other individuals; provided, however, that after a health maintenance
organization which is a deleted text beginnonprofitdeleted text end corporation has been authorized under sections 62D.01
to 62D.30 for one year, at least 40 percent of the governing body shall be composed of
enrollees and members elected by the enrollees and members from among the enrollees and
members. For purposes of this section, "member" means a consumer who receives health
care services through a self-insured contract that is administered by the health maintenance
organization or its related third-party administrator. The number of members elected to the
governing body shall not exceed the number of enrollees elected to the governing body. An
enrollee or member elected to the governing board may not be a person:

(1) whose occupation involves, or before retirement involved, the administration of
health activities or the provision of health services;

(2) who is or was employed by a health care facility as a licensed health professional;
or

(3) who has or had a direct substantial financial or managerial interest in the rendering
of a health service, other than the payment of a reasonable expense reimbursement or
compensation as a member of the board of a health maintenance organization.

After a health maintenance organization which is a local governmental unit has been
authorized under sections 62D.01 to 62D.30 for one year, an enrollee advisory body shall
be established. The enrollees who make up this advisory body shall be elected by the enrollees
from among the enrollees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2016, section 62D.19, is amended to read:


62D.19 UNREASONABLE EXPENSES.

No health maintenance organization shall incur or pay for any expense of any nature
which is unreasonably high in relation to the value of the service or goods provided. The
commissioner of health shall implement and enforce this section by rules adopted under
this section.

In an effort to achieve the stated purposes of sections 62D.01 to 62D.30deleted text begin; in order to
safeguard the underlying nonprofit status of health maintenance organizations;
deleted text end and to ensure
that the payment of health maintenance organization money to major participating entities
results in a corresponding benefit to the health maintenance organization and its enrollees,
when determining whether an organization has incurred an unreasonable expense in relation
to a major participating entity, due consideration shall be given to, in addition to any other
appropriate factors, whether the officers and trustees of the health maintenance organization
have acted with good faith and in the best interests of the health maintenance organization
in entering into, and performing under, a contract under which the health maintenance
organization has incurred an expense. The commissioner has standing to sue, on behalf of
a health maintenance organization, officers or trustees of the health maintenance organization
who have breached their fiduciary duty in entering into and performing such contracts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2016, section 62E.02, subdivision 3, is amended to read:


Subd. 3.

Health maintenance organization.

"Health maintenance organization" means
a deleted text beginnonprofitdeleted text end corporation licensed and operated as provided in chapter 62D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2016, section 62L.12, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

(a) A health carrier may renew individual conversion policies to
eligible employees otherwise eligible for conversion coverage under section 62D.104 as a
result of leaving a health maintenance organization's service area.

(b) A health carrier may renew individual conversion policies to eligible employees
otherwise eligible for conversion coverage as a result of the expiration of any continuation
of group coverage required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101,
and 62D.105.

(c) A health carrier may renew conversion policies to eligible employees.

(d) A health carrier may sell, issue, or renew individual continuation policies to eligible
employees as required.

(e) A health carrier may sell, issue, or renew individual health plans if the coverage is
appropriate due to an unexpired preexisting condition limitation or exclusion applicable to
the person under the employer's group health plan or due to the person's need for health
care services not covered under the employer's group health plan.

(f) A health carrier may sell, issue, or renew an individual health plan, if the individual
has elected to buy the individual health plan not as part of a general plan to substitute
individual health plans for a group health plan nor as a result of any violation of subdivision
3 or 4.

(g) A health carrier may sell, issue, or renew an individual health plan if coverage
provided by the employer is determined to be unaffordable under the provisions of the
Affordable Care Act as defined in section 62A.011, subdivision 1a.

(h) Nothing in this subdivision relieves a health carrier of any obligation to provide
continuation or conversion coverage otherwise required under federal or state law.

(i) Nothing in this chapter restricts the offer, sale, issuance, or renewal of coverage issued
as a supplement to Medicare under sections 62A.3099 to 62A.44, or policies or contracts
that supplement Medicare issued by health maintenance organizations, or those contracts
governed by sections 1833, 1851 to 1859, 1860D, or 1876 of the federal Social Security
Act, United States Code, title 42, section 1395 et seq., as amended.

(j) Nothing in this chapter restricts the offer, sale, issuance, or renewal of individual
health plans necessary to comply with a court order.

(k) A health carrier may offer, issue, sell, or renew an individual health plan to persons
eligible for an employer group health plan, if the individual health plan is a high deductible
health plan for use in connection with an existing health savings account, in compliance
with the Internal Revenue Code, section 223. In that situation, the same or a different health
carrier may offer, issue, sell, or renew a group health plan to cover the other eligible
employees in the group.

(l) A health carrier may offer, sell, issue, or renew an individual health plan to one or
more employees of a small employer if the individual health plan is marketed directly to
all employees of the small employer and the small employer does not contribute directly or
indirectly to the premiums or facilitate the administration of the individual health plan. The
requirement to market an individual health plan to all employees does not require the health
carrier to offer or issue an individual health plan to any employee. For purposes of this
paragraph, an employer is not contributing to the premiums or facilitating the administration
of the individual health plan if the employer does not contribute to the premium and merely
collects the premiums from an employee's wages or salary through payroll deductions and
submits payment for the premiums of one or more employees in a lump sum to the health
carrier. Except for coverage under section 62A.65, subdivision 5, paragraph (b), at the
request of an employee, the health carrier may bill the employer for the premiums payable
by the employee, provided that the employer is not liable for payment except from payroll
deductions for that purpose. If an employer is submitting payments under this paragraph,
the health carrier shall provide a cancellation notice directly to the primary insured at least
ten days prior to termination of coverage for nonpayment of premium. Individual coverage
under this paragraph may be offered only if the small employer has not provided coverage
under section 62L.03 to the employees within the past 12 months.

new text begin (m) A health carrier may offer, sell, issue, or renew an individual health plan to one or
more employees of a small employer if the small employer, eligible employee, and individual
health plan are in compliance with the 21st Century Cures Act, Public Law 114-255.
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. 11. new text beginTRANSITION OF CARE COVERAGE FOR CALENDAR YEAR 2017;
INVOLUNTARY TERMINATION OF COVERAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Enrollee" has the meaning given in Minnesota Statutes, section 62Q.01, subdivision
2b.
new text end

new text begin (c) "Health plan" has the meaning given in Minnesota Statutes, section 62Q.01,
subdivision 3.
new text end

new text begin (d) "Health plan company" has the meaning given in Minnesota Statutes, section 62Q.01,
subdivision 4.
new text end

new text begin (e) "Individual market" has the meaning given in Minnesota Statutes, section 62A.011,
subdivision 5.
new text end

new text begin (f) "Involuntary termination of coverage" means the termination of a health plan due to
a health plan company's refusal to renew the health plan in the individual market because
the health plan company elects to cease offering individual market health plans in all or
some geographic rating areas of the state.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to an enrollee who is subject to a change in
health plans in the individual market due to an involuntary termination of coverage from a
health plan in the individual market after October 31, 2016, and before January 1, 2017,
and who enrolls in a new health plan in the individual market for all or a portion of calendar
year 2017 that goes into effect after December 31, 2016, and before March 2, 2017.
new text end

new text begin Subd. 3. new text end

new text begin Change in health plans; transition of care coverage. new text end

new text begin (a) If an enrollee satisfies
the criteria in subdivision 2, the enrollee's new health plan company must provide, upon
request of the enrollee or the enrollee's health care provider, authorization to receive services
that are otherwise covered under the terms of the enrollee's calendar year 2017 health plan
from a provider who provided care on an in-network basis to the enrollee during calendar
year 2016 but who is out of network in the enrollee's calendar year 2017 health plan:
new text end

new text begin (1) for up to 120 days if the enrollee is engaged in a current course of treatment for one
or more of the following conditions:
new text end

new text begin (i) an acute condition;
new text end

new text begin (ii) a life-threatening mental or physical illness;
new text end

new text begin (iii) pregnancy beyond the first trimester of pregnancy;
new text end

new text begin (iv) a physical or mental disability defined as an inability to engage in one or more major
life activities, provided the disability has lasted or can be expected to last for at least one
year or can be expected to result in death; or
new text end

new text begin (v) a disabling or chronic condition that is in an acute phase; or
new text end

new text begin (2) for the rest of the enrollee's life if a physician certifies that the enrollee has an expected
lifetime of 180 days or less.
new text end

new text begin (b) For all requests for authorization under this subdivision, the health plan company
must grant the request for authorization unless the enrollee does not meet the criteria in
paragraph (a) or subdivision 2.
new text end

new text begin (c) The commissioner of management and budget must reimburse the enrollee's new
health plan company for costs attributed to services authorized under this subdivision. Costs
eligible for reimbursement under this paragraph are the difference between the health plan
company's reimbursement rate for in-network providers for a service authorized under this
subdivision and its rate for out-of-network providers for the service. The health plan company
must seek reimbursement from the commissioner for costs attributed to services authorized
under this subdivision, in a form and manner mutually agreed upon by the commissioner
and the affected health plan companies. Total state reimbursements to health plan companies
under this paragraph are subject to the limits of the available appropriation. In the event
that funding for reimbursements to health plan companies is not sufficient to fully reimburse
health plan companies for the costs attributed to services authorized under this subdivision,
health plan companies must continue to cover services authorized under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Limitations. new text end

new text begin (a) Subdivision 3 applies only if the enrollee's health care provider
agrees to:
new text end

new text begin (1) accept as payment in full the lesser of:
new text end

new text begin (i) the health plan company's reimbursement rate for in-network providers for the same
or similar service; or
new text end

new text begin (ii) the provider's regular fee for that service;
new text end

new text begin (2) request authorization for services in the form and manner specified by the enrollee's
new health plan company; and
new text end

new text begin (3) provide the enrollee's new health plan company with all necessary medical information
related to the care provided to the enrollee.
new text end

new text begin (b) Nothing in this section requires a health plan company to provide coverage for a
health care service or treatment that is not covered under the enrollee's health plan.
new text end

new text begin Subd. 5. new text end

new text begin Request for authorization. new text end

new text begin The enrollee's health plan company may require
medical records and other supporting documentation to be submitted with a request for
authorization made under subdivision 3 to the extent that the records and other documentation
are relevant to a determination regarding the existence of a condition under subdivision 3,
paragraph (a). If authorization is denied, the health plan company must explain the criteria
used to make its decision on the request for authorization and must explain the enrollee's
right to appeal the decision. If an enrollee chooses to appeal a denial, the enrollee must
appeal the denial within five business days of the date on which the enrollee receives the
denial. If authorization is granted, the health plan company must provide the enrollee, within
five business days of granting the authorization, with an explanation of how transition of
care will be provided.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for health plans issued after December
31, 2016, and before March 2, 2017, and that are in effect for all or a portion of calendar
year 2017. This section expires June 30, 2018.
new text end

Sec. 12. new text beginCOSTS RELATED TO IMPLEMENTATION OF THIS ACT.
new text end

new text begin A state agency that incurs administrative costs to implement any provision in this act
and does not receive an appropriation for administrative costs in this act must implement
the act within existing appropriations.
new text end

Sec. 13. new text beginINSURANCE MARKET OPTIONS.
new text end

new text begin The commissioner of commerce shall report by February 15, 2017, to the standing
committees of the legislature having jurisdiction over insurance and health on:
new text end

new text begin (1) a plan to implement and operate a residency verification process for individual health
insurance market participants; and
new text end

new text begin (2) the past and future use of Minnesota Statutes 2005, section 62L.056, and Minnesota
Statutes, section 62Q.188, including:
new text end

new text begin (i) rate and form filings received, approved, or withdrawn;
new text end

new text begin (ii) barriers to current utilization, including federal and state laws; and
new text end

new text begin (iii) recommendations for allowing or increasing the offering of health plans compliant
with Minnesota Statutes, section 62Q.188.
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. 14. new text beginAPPROPRIATION; COVERAGE FOR TRANSITION OF CARE.
new text end

new text begin $15,000,000 in fiscal year 2017 is appropriated from the general fund to the commissioner
of management and budget to reimburse health plan companies for costs attributed to
coverage of transition of care services. No more than 6.7 percent of this appropriation is
available to the commissioner for administrative costs. This is a onetime appropriation and
is available until June 30, 2021. Any unexpended amount from this appropriation shall be
transferred from the general fund to the budget reserve account in Minnesota Statutes,
section 16A.152, subdivision 1a.
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. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 62D.12, subdivision 9, new text end new text begin is repealed.
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

ARTICLE 3

REINSURANCE

Section 1.

new text begin [62E.21] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Solely for purposes of sections 62E.21 to 62E.24, the terms
and phrases defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Affordable Care Act. new text end

new text begin "Affordable Care Act" means the Affordable Care Act
as defined in section 62A.011, subdivision 1a.
new text end

new text begin Subd. 3. new text end

new text begin Attachment point. new text end

new text begin "Attachment point" means the threshold dollar amount for
claims costs incurred by an eligible health carrier for an enrolled individual's covered benefits
in a plan year, after which threshold the claims costs for such benefits are eligible for
Minnesota premium security plan payments.
new text end

new text begin Subd. 4. new text end

new text begin Plan year. new text end

new text begin "Plan year" means a calendar year for which an eligible health carrier
provides coverage under a health plan in the individual market.
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

new text begin "Board" means the board of directors of the Minnesota Comprehensive
Health Association established under section 62E.10.
new text end

new text begin Subd. 6. new text end

new text begin Coinsurance rate. new text end

new text begin "Coinsurance rate" means the rate, established by the board
of the Minnesota Comprehensive Health Association, at which the association will reimburse
the eligible health carrier for claims costs incurred for an enrolled individual's covered
benefits in a plan year after the attachment point and before the reinsurance cap.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 8. new text end

new text begin Eligible health carrier. new text end

new text begin "Eligible health carrier" means:
new text end

new text begin (1) an insurance company licensed under chapter 60A to offer, sell, or issue a policy of
accident and sickness insurance as defined in section 62A.01;
new text end

new text begin (2) a nonprofit health service plan corporation operating under chapter 62C; or
new text end

new text begin (3) a health maintenance organization operating under chapter 62D
new text end

new text begin offering health plans in the individual market and incurring claims costs for an individual
enrollee's covered benefits in the applicable plan year that exceed the attachment point under
the Minnesota premium security plan.
new text end

new text begin Subd. 9. new text end

new text begin Individual market. new text end

new text begin "Individual market" has the meaning as defined in section
62A.011, subdivision 5.
new text end

new text begin Subd. 10. new text end

new text begin Minnesota Comprehensive Health Association or association. new text end

new text begin "Minnesota
Comprehensive Health Association" or "association" has the meaning as defined in section
62E.02, subdivision 14.
new text end

new text begin Subd. 11. new text end

new text begin Minnesota premium security plan. new text end

new text begin The "Minnesota premium security plan"
means the state-based reinsurance program authorized under section 62E.23.
new text end

new text begin Subd. 12. new text end

new text begin Reinsurance cap. new text end

new text begin "Reinsurance cap" means the threshold dollar amount for
claims costs incurred by an eligible health carrier for an enrolled individual's covered
benefits, after which threshold the claims costs for such benefits are no longer eligible for
Minnesota premium security plan payments, established by the board of the Minnesota
Comprehensive Health Association.
new text end

Sec. 2.

new text begin [62E.22] DUTIES OF COMMISSIONER.
new text end

new text begin In the implementation and operation of the Minnesota premium security plan, established
under section 62E.23, the commissioner shall require eligible health carriers to calculate
the premium amount the eligible health carrier would have charged for the applicable plan
year had the Minnesota premium security plan not been established, and submit this
information as part of the rate filing.
new text end

Sec. 3.

new text begin [62E.23] MINNESOTA PREMIUM SECURITY PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin The Minnesota premium security plan as state-based reinsurance.
new text end

new text begin The association is Minnesota's reinsurance entity to administer the state-based reinsurance
program, referred to throughout this chapter as the Minnesota premium security plan. The
Minnesota premium security plan shall be designed to protect consumers by mitigating the
impact of high-risk individuals on rates in the individual market.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota premium security plan parameters. new text end

new text begin (a) The board shall propose
to the commissioner the Minnesota premium security plan payment parameters for the next
plan year by January 15 of the calendar year prior to the applicable plan year. In developing
the proposed payment parameters, the board shall consider the anticipated impact to
premiums. The commissioner shall approve the payment parameters no later than 14 calendar
days following the board proposal. In developing the proposed payment parameters for plan
years 2019 and after, the board may develop methods to account for variations in costs
within the Minnesota premium security plan.
new text end

new text begin (b) For plan year 2018, the Minnesota premium security plan parameters, including the
attachment point, reinsurance cap, and coinsurance rate, shall be established within the
parameters of the appropriated funds as follows:
new text end

new text begin (1) the attachment point is set at $70,000;
new text end

new text begin (2) the reinsurance cap is set at $250,000; and
new text end

new text begin (3) the coinsurance rate is set at 50 percent.
new text end

new text begin (c) All eligible health carriers receiving Minnesota premium security plan payments
must apply the Minnesota premium security plan's parameters established under paragraph
(a) or paragraph (b) of this section, as applicable, when calculating reinsurance payments.
new text end

new text begin Subd. 3. new text end

new text begin Payments under the Minnesota premium security plan. new text end

new text begin (a) Each Minnesota
premium security plan payment must be calculated with respect to an eligible health carrier's
incurred claims costs for an individual enrollee's covered benefits in the applicable plan
year. If such claim costs do not exceed the attachment point, payment will be zero dollars.
If such claim costs exceed the attachment point, payment will be calculated as the product
of the coinsurance rate multiplied by the lesser of:
new text end

new text begin (1) such claims costs minus the attachment point; or
new text end

new text begin (2) the reinsurance cap minus the attachment point.
new text end

new text begin (b) The board must ensure that the payments made to eligible health carriers must not
exceed the eligible health carrier's total paid amount for any eligible claim. For purposes
of this paragraph, total paid amount of an eligible claim means the amount paid by the
eligible health carrier based upon the allowed amount less any deductible, coinsurance, or
co-payment, as of the time the data is submitted or made accessible under subdivision 4,
paragraph (a), clause (1), of this section.
new text end

new text begin Subd. 4. new text end

new text begin Requests for Minnesota premium security plan payments. new text end

new text begin (a) An eligible
health carrier may make a request for payment when the eligible health carrier's claims costs
for an enrollee meet the criteria for payment under subdivision 2 and meet the requirements
of this subdivision.
new text end

new text begin (1) to be eligible for Minnesota premium security plan payments, an eligible health
carrier must provide to the association access to the data within the dedicated data
environment established by the eligible health carrier under the federal Risk Adjustment
Program. Eligible health carriers must submit an attestation to the board asserting entity
compliance with the dedicated data environments, data requirements, establishment and
usage of masked enrollee identification numbers, and data submission deadlines; and
new text end

new text begin (2) an eligible health carrier must provide the required access under clause (1) for the
applicable plan year by April 30 of the year following the end of the applicable plan year.
new text end

new text begin (b) An eligible health carrier must make requests for payment in accordance with the
requirements established by the board.
new text end

new text begin (c) An eligible health carrier must maintain documents and records, whether paper,
electronic, or in other media, sufficient to substantiate the requests for Minnesota premium
security plan payments made pursuant to this section for a period of at least ten years, and
must make those documents and records available upon request from the state or its designee
for purposes of verification, investigation, audit, or other review of Minnesota premium
security plan payment requests.
new text end

new text begin (d) The association or its designee may audit an eligible health carrier to assess its
compliance with the requirements of section 62E.23. The eligible health carrier must ensure
that its relevant contracts, subcontractors, or agents cooperate with any audit under this
section. If an audit results in a proposed finding of material weakness or significant deficiency
with respect to compliance with any requirement under section 62E.23, the eligible health
carrier may provide response to the draft audit report within 30 calendar days. Within 30
calendar days of the issuance of the final audit report, the eligible health carrier must complete
the following:
new text end

new text begin (1) provide a written corrective action plan to the association for approval if the final
audit results in a finding of material weakness or significant deficiency with respect to
compliance with any requirement under section 62E.23;
new text end

new text begin (2) implement that plan; and
new text end

new text begin (3) provide to the association written documentation of the corrective actions once taken.
new text end

new text begin Subd. 5. new text end

new text begin Notification of Minnesota premium security plan payments. new text end

new text begin (a) For each
applicable plan year, the association must notify eligible health carriers annually of Minnesota
premium security plan payments, if applicable, to be made for the applicable plan year no
later than June 30 of the year following the applicable plan year.
new text end

new text begin (b) An eligible health carrier may follow the appeals procedure under section 62E.10,
subdivision 2a.
new text end

new text begin (c) For each applicable plan year, the board must provide to each eligible health carrier
the calculation of total Minnesota premium security plan payment requests on a quarterly
basis during the applicable plan year.
new text end

new text begin Subd. 6. new text end

new text begin Disbursement of Minnesota premium security plan payments. new text end

new text begin The
association must:
new text end

new text begin (1) collect or access data required to determine Minnesota premium security plan
payments from an eligible health carrier according to the data requirements under subdivision
5; and
new text end

new text begin (2) make Minnesota premium security plan payments to the eligible health carrier after
receiving a valid claim for payment from that eligible health carrier by August 15 of the
year following the applicable plan year.
new text end

new text begin Subd. 7. new text end

new text begin Reserve surplus. new text end

new text begin The association must use any monetary reserves of the
association to offset costs of the Minnesota premium security plan.
new text end

new text begin Subd. 8. new text end

new text begin Data. new text end

new text begin Government data of the association under this section are private data
on individuals or nonpublic data as defined in section 13.02, subdivision 9 or 12.
new text end

new text begin Subd. 9. new text end

new text begin Appropriation. new text end

new text begin $150,000,000 in fiscal year 2018 is appropriated from the
general fund to the commissioner of commerce for the Minnesota Premium Security Plan
under section 62E.23. This is a onetime appropriation and is available until June 30, 2019.
new text end

Sec. 4.

new text begin [62E.24] ACCOUNTING, REPORTING, AND AUDITING.
new text end

new text begin Subdivision 1. new text end

new text begin Accounting requirements. new text end

new text begin The board must ensure that it keeps an
accounting for each plan year of:
new text end

new text begin (1) all claims for Minnesota premium security plan payments received from eligible
health carriers;
new text end

new text begin (2) all Minnesota premium security plan payments made to eligible health carriers;
new text end

new text begin (3) all administrative expenses incurred for the Minnesota premium security plan; and
new text end

new text begin (4) all assessments made for security plan costs.
new text end

new text begin Subd. 2. new text end

new text begin Summary report. new text end

new text begin The board must submit to the commissioner and make public
a report on the Minnesota premium security plan operations for each plan year by November
1 following the applicable year or 60 calendar days following the last disbursement of
Minnesota premium security plan payments for the applicable plan year.
new text end

new text begin Subd. 3. new text end

new text begin Audits. new text end

new text begin The commissioner or designee may conduct a financial or programmatic
audit of the Minnesota premium security plan to assess its compliance with the requirements.
The board must ensure that it and any relevant contractors, subcontractors, or agents
cooperate with any audit. The Minnesota premium security plan is subject to audit by the
legislative auditor.
new text end

new text begin Subd. 4. new text end

new text begin Independent external audit. new text end

new text begin The board must engage an independent qualified
auditing entity to perform a financial and programmatic audit for each plan year of the
Minnesota premium security plan in accordance with Generally Accepted Auditing Standards
(GAAS). The board must:
new text end

new text begin (1) provide to the commissioner the results of the audit, in the manner and time frame
to be specified by the commissioner;
new text end

new text begin (2) identify to the commissioner any material weakness or significant deficiency identified
in the audit, and address in writing to the commissioner how the board intends to correct
any such material weakness or significant deficiency; and
new text end

new text begin (3) make public a summary of the results of the audit, including any material weakness
or significant deficiency and how the board intends to correct the material weakness or
significant deficiency.
new text end

new text begin Subd. 5. new text end

new text begin Action on audit findings. new text end

new text begin If an audit results in a finding of material weakness
or significant deficiency with respect to compliance with any requirement under this act,
the commissioner of commerce must ensure the board:
new text end

new text begin (1) within 60 calendar days of the issuance of the final audit report, provides a written
corrective action plan to the commissioner for approval;
new text end

new text begin (2) implements that plan; and
new text end

new text begin (3) provides to the commissioner written documentation of the corrective actions once
taken.
new text end

Sec. 5. new text beginSTATE INNOVATION WAIVER.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to submit a waiver application. new text end

new text begin The commissioner of
commerce shall apply to the United States Secretary of Health and Human Services under
United States Code, title 42, section 18052, for a waiver of applicable provisions of the
Affordable Care Act with respect to health insurance coverage in the state for a plan year
beginning on or after January 1, 2018, for the sole purpose of implementing the Minnesota
premium security plan in a manner that maximizes federal funding for Minnesota. The
Minnesota premium security board shall implement a state plan for meeting the waiver
requirements in a manner consistent with state and federal law, and as approved by the
United States Secretary of Health and Human Services. The commissioner is directed to
apply for a waiver to ensure:
new text end

new text begin (1) eligible Minnesotans receive advance premium tax credits as though the Minnesota
premium security plan did not exist; and
new text end

new text begin (2) federal funding for MinnesotaCare, as Minnesota's basic health program, continues
to be based on the market premium and cost-sharing levels before the impact of reinsurance
under the premium security plan, established under Minnesota Statutes, section 62E.23.
new text end

new text begin Subd. 2. new text end

new text begin Consultation. new text end

new text begin In developing the waiver application, the commissioner shall
consult with the Department of Human Services and MNsure.
new text end

new text begin Subd. 3. new text end

new text begin Application deadline. new text end

new text begin The commissioner shall submit the application waiver
to the appropriate federal agency on or before July 5, 2017. The commissioner shall follow
all application instructions. The commissioner shall complete the draft application for public
review and comment by June 1, 2017.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin $155,000 in fiscal year 2018 is appropriated to the commissioner
of commerce to prepare and submit a state innovation waiver.
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. 6. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 4

AGRICULTURAL COOPERATIVE HEALTH PLAN

Section 1.

new text begin [62H.18] AGRICULTURAL COOPERATIVE HEALTH PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Agricultural cooperative" means a cooperative organized under chapter 308A or
308B that meets the requirements of subdivision 2.
new text end

new text begin (c) "Broker" means an insurance agent engaged in brokerage business according to
section 60K.49.
new text end

new text begin (d) "Employee Retirement Income Security Act" means the Employee Retirement Income
Security Act of 1974, United States Code, title 29, sections 1001, et seq.
new text end

new text begin (e) "Enrollee" means a natural person covered by a joint self-insurance plan operating
under this section.
new text end

new text begin (f) "Insurance agent" has the meaning given to insurance agent in section 60A.02,
subdivision 7.
new text end

new text begin (g) "Joint self-insurance plan" or "plan" means a plan or any other arrangement established
by two or more entities authorized to transact business in the state, in order to jointly
self-insure through a single employee welfare benefit plan funded through a trust, to provide
health, dental, or other benefits as permitted under the Employee Retirement Income Security
Act.
new text end

new text begin (h) "Service plan administrator" means a vendor of risk management services licensed
under section 60A.23.
new text end

new text begin (i) "Trust" means a trust established to accept and hold assets of the joint self-insurance
plan in trust and use and disperse funds in accordance with the terms of the written trust
document and joint self-insurance plan for the sole purposes of providing benefits and
defraying reasonable administrative costs.
new text end

new text begin Subd. 2. new text end

new text begin Exemption. new text end

new text begin A joint self-insurance plan is exempt from sections 62H.01 to
62H.17 and is instead governed by this section, if it is administered by a trust established
by an agricultural cooperative that:
new text end

new text begin (1) has members who (i) actively work in production agriculture in Minnesota and file
either Form 1065 or Schedule F with the member's income tax return; or (ii) provide direct
services to production agriculture in Minnesota;
new text end

new text begin (2) specify criteria for membership in the agricultural cooperative in their articles of
organization or bylaws; and
new text end

new text begin (3) grant at least 51 percent of the aggregate voting power on matters for which all
members may vote to members who satisfy clause (1) and any additional criteria in the
agricultural cooperative's articles of organization and bylaws.
new text end

new text begin Subd. 3. new text end

new text begin Plan requirements. new text end

new text begin A joint self-insurance plan operating under this section
must:
new text end

new text begin (1) offer health coverage to members of the agricultural cooperative that establishes the
plan and their dependents, to employees of members of the agricultural cooperative that
establishes the plan and their dependents, or to employees of the agricultural cooperative
that establishes the plan and their dependents;
new text end

new text begin (2) include aggregate stop-loss coverage and individual stop-loss coverage provided by
an insurance company licensed in Minnesota;
new text end

new text begin (3) establish a reserve fund, certified by an actuary to be sufficient to cover unpaid claim
liability for incurred but not reported liabilities in the event of plan termination. Certification
from the actuary must include all maximum funding requirements for plan fixed cost
requirements and current claims liability requirements, and must include a calculation of
the reserve levels needed to fund all incurred but not reported liabilities in the event of
member or plan termination. These reserve funds must be held in a trust;
new text end

new text begin (4) be governed by a board elected by members of an agricultural cooperative that
participates in the plan;
new text end

new text begin (5) contract for services with a service plan administrator; and
new text end

new text begin (6) satisfy the requirements of the Employee Retirement Income Security Act that apply
to employee welfare benefit plans.
new text end

new text begin Subd. 4. new text end

new text begin Submission of documents to commissioner of commerce. new text end

new text begin A joint
self-insurance plan operating under this section must submit to the commissioner of
commerce copies of all filings and reports that are submitted to the United States Department
of Labor according to the Employee Retirement Income Security Act. Members participating
in the joint self-insurance plan may designate an agricultural cooperative that establishes
the plan as the entity responsible for satisfying the reporting requirements of the Employee
Retirement Income Security Act, and for providing copies of these filings and reports to
the commissioner of commerce.
new text end

new text begin Subd. 5. new text end

new text begin Participation; termination of participation. new text end

new text begin If a member chooses to participate
in a joint self-insurance plan under this section, the member must participate in the plan for
at least three consecutive years. If a member terminates participation in the plan before the
end of the three-year period, a financial penalty may be assessed under the plan, not to
exceed the amount contributed by the member to the plan reserves.
new text end

new text begin Subd. 6. new text end

new text begin Single risk pool. new text end

new text begin The enrollees of a joint self-insurance plan operating under
this section shall be members of a single risk pool.
new text end

new text begin Subd. 7. new text end

new text begin Promotion, marketing, sale of coverage. new text end

new text begin Coverage in a joint self-insurance
plan operating under this section may be promoted, marketed, and sold by an agricultural
cooperative sponsoring the plan, insurance agents, and brokers, to members of agricultural
cooperatives sponsoring the plan and their dependents, employees of members of agricultural
cooperatives sponsoring the plan and their dependents, and employees of agricultural
cooperatives sponsoring the plan and their dependents.
new text end

new text begin Subd. 8. new text end

new text begin Compliance with other laws. new text end

new text begin (a) A joint self-insurance plan operating under
this section:
new text end

new text begin (1) is exempt from providing the mandated health benefits in chapters 62A and 62Q, if
the plan otherwise provides the benefits required under the Employee Retirement Income
Security Act;
new text end

new text begin (2) is exempt from the continuation requirements in sections 62A.146, 62A.16, 62A.17,
62A.20, and 62A.21, if the plan complies with the continuation requirements under the
Employee Retirement Income Security Act; and
new text end

new text begin (3) must comply with all requirements of the Affordable Care Act, as defined in section
62A.011, subdivision 1a, to the extent that they apply to such plans.
new text end

new text begin (b) Section 297I.05, subdivision 12, paragraph (c), applies to a joint-self insurance plan
operating under this section.
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. 2. new text begin REPEALER.
new text end

new text begin Laws 2007, chapter 147, article 12, section 14, as amended by Laws 2010, chapter 344,
section 4, Laws 2010, chapter 384, section 99, Laws 2013, chapter 135, article 1, section
9,
new text end new text begin is repealed.
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

APPENDIX

Repealed Minnesota Statutes: S0001-2

62D.12 PROHIBITED PRACTICES.

Subd. 9.

Net earnings.

All net earnings of the health maintenance organization shall be devoted to the nonprofit purposes of the health maintenance organization in providing comprehensive health care. No health maintenance organization shall provide for the payment, whether directly or indirectly, of any part of its net earnings, to any person as a dividend or rebate; provided, however, that health maintenance organizations may make payments to providers or other persons based upon the efficient provision of services or as incentives to provide quality care. The commissioner of health shall, pursuant to sections 62D.01 to 62D.30, revoke the certificate of authority of any health maintenance organization in violation of this subdivision.

Repealed Minnesota Session Laws: S0001-2

Laws 2007, chapter 147, article 12, section 14, as amended by Laws 2010, chapter 344, section 4; as amended by Laws 2010, chapter 384, section 99; as amended by Laws 2013, chapter 135, article 1, section 9

Sec. 4.

Laws 2007, chapter 147, article 12, section 14, is amended to read:


Sec. 14. AGRICULTURAL COOPERATIVE HEALTH PLAN FOR FARMERS.

Subdivision 1.

Pilot project requirements.

Notwithstanding contrary provisions of Minnesota Statutes, chapter 62H, the following apply to a joint self-insurance pilot project administered by a trust sponsored by one or more agricultural cooperatives organized under Minnesota Statutes, chapter 308A or 308B, or under a federal charter for the purpose of offering health coverage to members of the cooperatives and their families, provided the project satisfies the other requirements of Minnesota Statutes, chapter 62H:

(1) Minnesota Statutes, section 62H.02, paragraph (b), does not apply;

(2) the notice period required under Minnesota Statutes, section 62H.02, paragraph (e), is 90 days;

(3) a joint self-insurance plan may elect to treat the sale of a health plan to or for an employer that has only one eligible employee who has not waived coverage as the sale of an individual health plan as allowed under Minnesota Statutes, section 62L.02, subdivision 26;

(4) Minnesota Statutes, section 297I.05, subdivision 12, paragraph (c), applies; and

(5) the trust must pay the assessment for the Minnesota Comprehensive Health Association as provided under Minnesota Statutes, section 62E.11.

Subd. 2.

Evaluation and renewal.

The pilot project authorized under this section is for a period of four years from the date of initial enrollment. The commissioner of commerce shall grant an extension of four additional years if the trust provides evidence that it remains in compliance with the requirements of this section and other applicable laws and rules. If the commissioner determines that the operation of the trust has not improved access, expanded health plan choices, or improved the affordability of health coverage for farm families, or that it has significantly damaged access, choice, or affordability for other consumers not enrolled in the trust, the commissioner shall provide at least 180 days' advance written notice to the trust and to the chairs of the senate and house finance and policy committees with jurisdiction over health and insurance of the commissioner's intention not to renew the pilot project at the expiration of a four-year period.

Subd. 3.

Use of surplus lines.

Plans created under this section may use surplus lines carriers to fulfill its obligations under chapter 62H.