Minnesota Legislature
SF 1265
1st Unofficial Engrossment - 89th Legislature (2015 - 2016) Posted on 05/06/2015 04:35pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to insurance; permitting individuals to contract with an insurance
1.3producer to advocate on the individual's behalf with respect to health coverage
1.4with an insurance company; regulating payment of commissions by issuers of
1.5qualified health plans; amending Minnesota Statutes 2014, sections 60K.31, by
1.6adding subdivisions; 60K.48, by adding a subdivision; proposing coding for new
1.7law in Minnesota Statutes, chapter 62V.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2014, section 60K.31, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1a. Agent of record. "Agent of record" means an insurance producer, as
1.12defined in subdivision 6, who enters into an agreement with:
1.13(1) a policyholder who has individual health insurance coverage from an insurance
1.14company that the producer represents; or
1.15(2) an applicant for individual health insurance coverage from an insurance company
1.16the producer represents.
1.17 Sec. 2. Minnesota Statutes 2014, section 60K.31, is amended by adding a subdivision
1.18to read:
1.19 Subd. 1b. Agent of record agreement. "Agent of record agreement" means an
1.20agreement documenting the agreement referenced in subdivision 1a, and that is signed by
1.21the agent of record and either a policyholder or applicant for individual health insurance
1.22coverage.
2.1 Sec. 3. Minnesota Statutes 2014, section 60K.48, is amended by adding a subdivision
2.2to read:
2.3 Subd. 4. Qualified health plans. (a) If a health carrier pays commissions or
2.4service fees to licensed producers who are appointed by the health carrier for sale of a
2.5qualified health plan, then, within 30 days of receipt of the agent of record agreement, the
2.6health carrier must accommodate a policyholder or applicant for coverage by allowing a
2.7policyholder or applicant to select or change the agent of record.
2.8(b) The health carrier's standard commission and service fees must be paid to the
2.9policyholder's agent of record or the agent's assignee if any premium rate for a qualified
2.10health plan has been approved by the commissioner with costs associated with producer
2.11commissions included in the filed rate.
2.12(c) A health carrier is prohibited from offering, renewing, or failing to renew
2.13qualified health plans based solely on the commission-paying status of the health plan.
2.14(d) Nothing in this subdivision requires a health carrier to pay any commission
2.15or service fee with respect to the sale of a qualified health plan, unless the rate for the
2.16qualified health plan has been approved by the commissioner with costs associated with
2.17producer commissions included in the filed rate.
2.18 Sec. 4. [62V.051] MNSURE; POLICYHOLDER RETROACTIVE
2.19APPOINTMENT OF A NAVIGATOR OR PRODUCER PERMITTED.
2.20Notwithstanding any other law or rule to the contrary, MNsure must permit a
2.21policyholder, who has not yet designated a navigator or an insurance producer, to
2.22retroactively appoint a navigator or insurance producer by August 1, 2015, for a qualified
2.23health plan purchased by the policyholder through MNsure with a coverage effective
2.24date of January 1, 2015, to June 30, 2015.
2.25 Sec. 5. EFFECTIVE DATE.
2.26Sections 1 to 4 are effective the day following final enactment.
1.3producer to advocate on the individual's behalf with respect to health coverage
1.4with an insurance company; regulating payment of commissions by issuers of
1.5qualified health plans; amending Minnesota Statutes 2014, sections 60K.31, by
1.6adding subdivisions; 60K.48, by adding a subdivision; proposing coding for new
1.7law in Minnesota Statutes, chapter 62V.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2014, section 60K.31, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1a. Agent of record. "Agent of record" means an insurance producer, as
1.12defined in subdivision 6, who enters into an agreement with:
1.13(1) a policyholder who has individual health insurance coverage from an insurance
1.14company that the producer represents; or
1.15(2) an applicant for individual health insurance coverage from an insurance company
1.16the producer represents.
1.17 Sec. 2. Minnesota Statutes 2014, section 60K.31, is amended by adding a subdivision
1.18to read:
1.19 Subd. 1b. Agent of record agreement. "Agent of record agreement" means an
1.20agreement documenting the agreement referenced in subdivision 1a, and that is signed by
1.21the agent of record and either a policyholder or applicant for individual health insurance
1.22coverage.
2.1 Sec. 3. Minnesota Statutes 2014, section 60K.48, is amended by adding a subdivision
2.2to read:
2.3 Subd. 4. Qualified health plans. (a) If a health carrier pays commissions or
2.4service fees to licensed producers who are appointed by the health carrier for sale of a
2.5qualified health plan, then, within 30 days of receipt of the agent of record agreement, the
2.6health carrier must accommodate a policyholder or applicant for coverage by allowing a
2.7policyholder or applicant to select or change the agent of record.
2.8(b) The health carrier's standard commission and service fees must be paid to the
2.9policyholder's agent of record or the agent's assignee if any premium rate for a qualified
2.10health plan has been approved by the commissioner with costs associated with producer
2.11commissions included in the filed rate.
2.12(c) A health carrier is prohibited from offering, renewing, or failing to renew
2.13qualified health plans based solely on the commission-paying status of the health plan.
2.14(d) Nothing in this subdivision requires a health carrier to pay any commission
2.15or service fee with respect to the sale of a qualified health plan, unless the rate for the
2.16qualified health plan has been approved by the commissioner with costs associated with
2.17producer commissions included in the filed rate.
2.18 Sec. 4. [62V.051] MNSURE; POLICYHOLDER RETROACTIVE
2.19APPOINTMENT OF A NAVIGATOR OR PRODUCER PERMITTED.
2.20Notwithstanding any other law or rule to the contrary, MNsure must permit a
2.21policyholder, who has not yet designated a navigator or an insurance producer, to
2.22retroactively appoint a navigator or insurance producer by August 1, 2015, for a qualified
2.23health plan purchased by the policyholder through MNsure with a coverage effective
2.24date of January 1, 2015, to June 30, 2015.
2.25 Sec. 5. EFFECTIVE DATE.
2.26Sections 1 to 4 are effective the day following final enactment.