SF 1069

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health care benefits; establishing a 
  1.3             mandate assessment process; proposing coding for new 
  1.4             law in Minnesota Statutes, chapter 62A.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [62A.311] [ASSESSMENT OF PROPOSED HEALTH 
  1.7   COVERAGE MANDATES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.9   section, the following terms have the meanings given.  
  1.10     (b) "Mandated health benefit proposal" means a proposal 
  1.11  that would statutorily require a health plan to provide coverage 
  1.12  or increase the amount of coverage: 
  1.13     (1) for the treatment of a particular disease, condition, 
  1.14  or other health care need; 
  1.15     (2) of a particular type of health care treatment or 
  1.16  service or of equipment, supplies, or drugs used in connection 
  1.17  with a health care treatment or service; or 
  1.18     (3) that must be delivered by a specific type of provider. 
  1.19     (c) "Commissioner" means the commissioner of health. 
  1.20     (d) "Health plan" means a health plan as defined in section 
  1.21  62A.011, subdivision 3, including the coverage listed in clauses 
  1.22  (7) and (10).  
  1.23     Subd. 2.  [HEALTH COVERAGE MANDATE ASSESSMENT PROCESS.] The 
  1.24  commissioners of health and commerce, in consultation with the 
  1.25  commissioners of human services and employee relations, shall 
  2.1   establish and administer a process for the review, assessment, 
  2.2   and analysis of mandated health benefit proposals.  The purpose 
  2.3   of the assessment is to provide the legislature with a complete 
  2.4   and timely analysis of all ramifications of any mandated health 
  2.5   benefit proposal.  The assessment must include, in addition to 
  2.6   any other relevant information, the following: 
  2.7      (1) scientific and medical information on the proposed 
  2.8   mandate's potential for harm or benefit to the patient, and the 
  2.9   comparative benefit or harm from alternative forms of treatment; 
  2.10  and 
  2.11     (2) public health, economic, fiscal, and consumer 
  2.12  information on the impact of the proposed mandate on persons 
  2.13  receiving health services in Minnesota, on the relative 
  2.14  cost-effectiveness of the benefit, and on the health care system 
  2.15  in general.  
  2.16     The commissioners of health and commerce shall summarize 
  2.17  the nature and quality of available information in these areas, 
  2.18  and, if possible, shall provide any preliminary information to 
  2.19  the public as part of the public hearing process required in 
  2.20  subdivision 5.  The commissioners may conduct research into 
  2.21  these issues, or may certify existing research as sufficient to 
  2.22  meet the informational needs of the legislature.  
  2.23     Subd. 3.  [REQUESTS FOR ASSESSMENT.] Whenever a legislative 
  2.24  measure containing a mandated health benefit proposal is 
  2.25  introduced as a bill or offered as an amendment to a bill or is 
  2.26  likely to be introduced or offered as an amendment, the chairs 
  2.27  of the standing committees having jurisdiction over the proposal 
  2.28  shall request that the commissioner complete an assessment of 
  2.29  the proposal in order to facilitate any committee action by 
  2.30  either house of the legislature.  A person or organization may 
  2.31  also request that the commissioner complete an assessment.  If 
  2.32  multiple requests are received, the commissioner shall consult 
  2.33  with the chairs of the standing legislative committees having 
  2.34  jurisdiction over mandated health benefit proposals to 
  2.35  prioritize the requests.  
  2.36     Subd. 4.  [ASSESSMENT OF PROPOSED MANDATES; REPORT TO THE 
  3.1   LEGISLATURE.] The commissioners of health and commerce shall 
  3.2   conduct an assessment of each mandated health benefit proposal 
  3.3   selected for assessment and submit a report to the legislature 
  3.4   no later than 180 days after the request.  The commissioners 
  3.5   shall, in consultation with the chairs of the standing 
  3.6   committees having jurisdiction over the proposal, develop a 
  3.7   reporting date for each proposal to be assessed.  If the 
  3.8   commissioners of health and commerce determine that the 
  3.9   assessment of a particular mandated health benefit proposal 
  3.10  should be completed entirely or in part by one of the two 
  3.11  commissioners, the commissioners may agree to have the 
  3.12  appropriate commissioner complete the assessment and submit the 
  3.13  report to the legislature.  The commissioner responsible for 
  3.14  completing an assessment may seek the assistance and advice of 
  3.15  consultants, contractors, researchers, community leaders, or 
  3.16  other persons or organizations with relevant expertise.  The 
  3.17  commissioner may certify existing research as sufficient to meet 
  3.18  the informational needs of the legislature.  Prior to completion 
  3.19  of an assessment report, the commissioners must gather the 
  3.20  information required under subdivision 2, and must complete the 
  3.21  public hearings required in subdivision 5.  
  3.22     Subd. 5.  [PUBLIC HEARINGS.] The commissioner shall solicit 
  3.23  comments and recommendations on a mandated health benefit 
  3.24  proposal from any interested persons and organizations and shall 
  3.25  schedule one or more public hearings.  The commissioner shall 
  3.26  also seek the comments and recommendations of representatives of 
  3.27  health care consumers and employers.  The commissioner shall 
  3.28  summarize the various comments and recommendations received in 
  3.29  the commissioner's report to the legislature. 
  3.30     Subd. 6.  [ADVICE AND RECOMMENDATIONS.] The commissioner 
  3.31  may appoint an ad hoc advisory panel of providers, consumer 
  3.32  groups, health plan companies, community leaders, economists, 
  3.33  actuaries, and other expert persons to assist the commissioner 
  3.34  in completing a mandate review. 
  3.35     Subd. 7.  [REPORT.] The commissioners shall provide a 
  3.36  summary report of its findings and recommendations to the 
  4.1   relevant committee chairs, the author of the proposed benefit 
  4.2   mandate, and the entity that requested the assessment.