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SF 1278

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; prohibiting policy waiting periods for prenatal and maternity
health insurance benefits; eliminating pregnancy as a preexisting condition;
establishing a parenting support grant program; establishing an informational
hotline on available pregnancy, adoption, and parental support agencies;
requiring information on alpha-fetoprotein testing be provided; requiring
adoption referral information be provided; requiring adoption and parenting
counseling be provided; establishing an adoption tax credit; establishing civil
penalties; repealing the MFIP family cap; appropriating money; amending
Minnesota Statutes 2008, sections 62A.011, by adding a subdivision; 62A.041,
subdivision 2; 62A.0411; 62A.047; 145.4243; proposing coding for new law in
Minnesota Statutes, chapters 62A; 136A; 145; 290; repealing Minnesota Statutes
2008, section 256J.24, subdivision 6.

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

ARTICLE 1

PREGNANT WOMEN AND PARENT SUPPORT

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as the Minnesota Pregnant Women and Parent Support Act.
new text end

Sec. 2.

Minnesota Statutes 2008, section 62A.011, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Policy waiting period. new text end

new text begin "Policy waiting period" means a finite period
of time, after a person's enrollment in a health plan, during which, under the terms of
the health plan, the person is not eligible for a specific otherwise-covered benefit, or is
eligible only for reduced coverage of the benefit, as compared to the coverage of the
benefit after the conclusion of the period of time. The term policy waiting period does
not apply if the person's ineligibility or reduced eligibility is due solely to a preexisting
condition limitation.
new text end

Sec. 3.

Minnesota Statutes 2008, section 62A.041, subdivision 2, is amended to read:


Subd. 2.

Limitation on coverage prohibited.

Each group policy of accident and
health insurance, except for policies which only provide coverage for specified diseases,
or each group subscriber contract of accident and health insurance or health maintenance
contract, issued or renewed after August 1, 1987, shall include maternity benefits in the
same manner as any other illness covered under the policy or contractnew text begin , except that policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits may
not be imposed
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 62A.0411, is amended to read:


62A.0411 MATERNITY CARE.

Every health plan as defined in section 62Q.01, subdivision 3, that provides
maternity benefits must, consistent with other coinsurance, co-payment, deductible, and
related contract terms, provide coverage of a minimum of 48 hours of inpatient care
following a vaginal delivery and a minimum of 96 hours of inpatient care following a
caesarean section for a mother and her newborn. new text begin The health plan may not impose policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits.
new text end The
health plan shall not provide any compensation or other nonmedical remuneration to
encourage a mother and newborn to leave inpatient care before the duration minimums
specified in this section.

The health plan must also provide coverage for postdelivery care to a mother and her
newborn if the duration of inpatient care is less than the minimums provided in this section.

Postdelivery care consists of a minimum of one home visit by a registered nurse.
Services provided by the registered nurse include, but are not limited to, parent education,
assistance and training in breast and bottle feeding, and conducting any necessary and
appropriate clinical tests. The home visit must be conducted within four days following
the discharge of the mother and her child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 62A.047, is amended to read:


62A.047 CHILDREN'S HEALTH SUPERVISION SERVICES AND
PRENATAL CARE SERVICES.

A policy of individual or group health and accident insurance regulated under this
chapter, or individual or group subscriber contract regulated under chapter 62C, health
maintenance contract regulated under chapter 62D, or health benefit certificate regulated
under chapter 64B, issued, renewed, or continued to provide coverage to a Minnesota
resident, must provide coverage for child health supervision services and prenatal care
services. The policy, contract, or certificate must specifically exempt reasonable and
customary charges for child health supervision services and prenatal care services from
a deductible, co-payment, or other coinsurance or dollar limitation requirement. This
section does not prohibit the use of deleted text begin policy waiting periods ordeleted text end preexisting condition
limitations for these services. new text begin The policy, contract, or certificate may not impose policy
waiting periods, as defined in section 62A.011, subdivision 4, for these benefits.
new text end Minimum
benefits may be limited to one visit payable to one provider for all of the services provided
at each visit cited in this section subject to the schedule set forth in this section. Nothing in
this section applies to a commercial health insurance policy issued as a companion to a
health maintenance organization contract, a policy designed primarily to provide coverage
payable on a per diem, fixed indemnity, or nonexpense incurred basis, or a policy that
provides only accident coverage.

"Child health supervision services" means pediatric preventive services, appropriate
immunizations, developmental assessments, and laboratory services appropriate to the age
of a child from birth to age six, and appropriate immunizations from ages six to 18, as
defined by Standards of Child Health Care issued by the American Academy of Pediatrics.
Reimbursement must be made for at least five child health supervision visits from birth
to 12 months, three child health supervision visits from 12 months to 24 months, once a
year from 24 months to 72 months.

"Prenatal care services" means the comprehensive package of medical and
psychosocial support provided throughout the pregnancy, including risk assessment,
serial surveillance, prenatal education, and use of specialized skills and technology,
when needed, as defined by Standards for Obstetric-Gynecologic Services issued by the
American College of Obstetricians and Gynecologists.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 6.

new text begin [62A.3094] PREGNANCY AS PREEXISTING CONDITION.
new text end

new text begin No health carrier shall use pregnancy as a preexisting condition under this chapter
or chapter 62C, 62D, 62H, 62Q, or 64B.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to health
plans issued or renewed to provide coverage to Minnesota residents on or after that date.
new text end

Sec. 7.

new text begin [136A.129] PARENTING SUPPORT GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A grant program is established under the supervision
of the Office of Higher Education. The program awards grants to postsecondary
institutions to be used to:
new text end

new text begin (1) provide counseling to students who are pregnant or the parents of young
children; and
new text end

new text begin (2) provide on-campus child care services for students.
new text end

new text begin Subd. 2. new text end

new text begin Eligible institutions. new text end

new text begin A Minnesota public or private postsecondary
institution is eligible to receive parenting support grants.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the office. new text end

new text begin The office shall develop an application form and
process for reviewing applications and awarding grants under this section.
new text end

Sec. 8.

Minnesota Statutes 2008, section 145.4243, is amended to read:


145.4243 PRINTED INFORMATION.

(a) Within 90 days after July 1, 2003, the commissioner of health shall cause to be
published, in English and in each language that is the primary language of two percent
or more of the state's population, and shall cause to be available on the state Web site
provided for under section 145.4244 the following printed materials in such a way as to
ensure that the information is easily comprehensible:

(1) geographically indexed materials designed to inform the female of public and
private agencies and services available to assist a female through pregnancy, upon
childbirth, and while the child is dependent, including adoption agencies, which shall
include a comprehensive list of the agencies available, a description of the services they
offer, and a description of the manner, including telephone numbers, in which they might
be contacted or, at the option of the commissioner of health, printed materials including a
toll-free, 24-hours-a-day telephone number that may be called to obtain, orally or by a tape
recorded message tailored to a zip code entered by the caller, such a list and description of
agencies in the locality of the caller and of the services they offer;

(2) materials designed to inform the female of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational increments
from the time when a female can be known to be pregnant to full term, including any
relevant information on the possibility of the unborn child's survival and pictures or
drawings representing the development of unborn children at two-week gestational
increments, provided that any such pictures or drawings must contain the dimensions
of the fetus and must be realistic and appropriate for the stage of pregnancy depicted.
The materials shall be objective, nonjudgmental, and designed to convey only accurate
scientific information about the unborn child at the various gestational ages. The material
shall also contain objective information describing the methods of abortion procedures
commonly employed, the medical risks commonly associated with each procedure, the
possible detrimental psychological effects of abortion, and the medical risks commonly
associated with carrying a child to term; and

(3) materials with the following information concerning an unborn child of 20
weeks gestational age and at two weeks gestational increments thereafter in such a way as
to ensure that the information is easily comprehensible:

(i) the development of the nervous system of the unborn child;

(ii) fetal responsiveness to adverse stimuli and other indications of capacity to
experience organic pain; and

(iii) the impact on fetal organic pain of each of the methods of abortion procedures
commonly employed at this stage of pregnancy.

The material under this clause shall be objective, nonjudgmental, and designed to
convey only accurate scientific information.

(b) The materials referred to in this section must be printed in a typeface large
enough to be clearly legible. The Web site provided for under section 145.4244 shall be
maintained at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on
the Web site shall be a minimum of 200x300 pixels. All letters on the Web site shall be
a minimum of 11-point font. All information and pictures shall be accessible with an
industry standard browser, requiring no additional plug-ins. The materials required under
this section must be available at no cost from the commissioner of health upon request and
in appropriate number to any person, facility, or hospital.

new text begin (c) By January 1, 2010, the commissioner of health shall establish a toll-free
telephone number that provides callers with the information included in paragraph (a),
clause (1).
new text end

Sec. 9.

new text begin [145.907] ALPHA-FETOPROTEIN TESTING INFORMATION TO
PREGNANT WOMEN.
new text end

new text begin When providing counseling to women who are considering having an
alpha-fetoprotein test performed, physicians, traditional midwives, and other licensed
health care professionals providing prenatal care to women must provide women with
information to be determined by the Department of Health about the test, including the
accuracy of the results and options for further testing.
new text end

Sec. 10.

new text begin [145.9251] ADOPTION REFERRAL INFORMATION REQUIRED.
new text end

new text begin An organization, agency, clinic, or health care center receiving state funds to provide
pregnancy or family planning services must provide adoption referral information. For
purposes of this section, "state funds" are funds awarded under sections 145.4235 and
145.925.
new text end

Sec. 11.

new text begin [145.9252] ADOPTION AND PARENTING COUNSELING.
new text end

new text begin A maternity group home in this state receiving federal funds must provide adoption
and parenting skills counseling to its residents to the extent permitted under federal rules.
new text end

Sec. 12.

new text begin [290.0678] ADOPTION CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Credit allowed. new text end

new text begin (a) An individual is allowed a credit for the taxable
year against the tax imposed under sections 290.06 and 290.091 equal to the lesser of:
new text end

new text begin (1) $1,000; or
new text end

new text begin (2) qualified adoption expenses as defined under section 23(d) and (e) of the Internal
Revenue Code, determined without regard to the income limit that applies under section
23.
new text end

new text begin (b) The credit is limited to the liability for tax under sections 290.06 and 290.091 for
the taxable year. No carryover or carryback to another taxable year is allowed.
new text end

new text begin Subd. 2. new text end

new text begin Taxable years. new text end

new text begin For purposes of calculating the credit under this section,
expenses and credits are deemed to apply to the same taxable year as allowed under the
federal credit under section 23(a)(2) of the Internal Revenue Code.
new text end

new text begin Subd. 3. new text end

new text begin Application; expiration. new text end

new text begin The credit under this section applies to expenses
paid or incurred after May 31, 2009, and is effective only for taxable years beginning after
December 31, 2008, and before January 1, 2011.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 256J.24, subdivision 6, new text end new text begin is repealed.
new text end

ARTICLE 2

APPROPRIATIONS

Section 1. new text begin COMMISSIONER OF HEALTH.
new text end

new text begin (a) $....... is appropriated from the general fund to the commissioner of health in
fiscal year 2010 to establish and operate the toll-free telephone number required under
Minnesota Statutes, section 145.4243, paragraph (c).
new text end

new text begin (b) $3,690,000 is appropriated to the commissioner of health to fund the county
expenses of the WIC program in fiscal year 2010. This appropriation is in addition to the
appropriation to the commissioner for fiscal years 2010 and 2011.
new text end

Sec. 2. new text begin COMMISSIONER OF PUBLIC SAFETY; DOMESTIC VIOLENCE
PROGRAMS.
new text end

new text begin (a) $2,600,000 is appropriated from the general fund to the commissioner of public
safety for crime victim assistance grants for battered women's shelters in fiscal year 2010.
To be eligible for a grant, the grantee must ensure that none of the money provided is
used to encourage or affirmatively counsel a woman to have an abortion not necessary
to prevent her death, to provide her an abortion, or to directly refer her to an abortion
provider for an abortion. The grantee may provide nondirective counseling.
new text end

new text begin (b) $1,037,000 is appropriated from the general fund to the commissioner of public
safety for battered women's shelters under Minnesota Statutes, section 611A.32, in fiscal
year 2010.
new text end

new text begin (c) The appropriations in paragraphs (a) and (b) are in addition to the appropriations
to the commissioner for fiscal years 2010 and 2011.
new text end

Sec. 3. new text begin OFFICE OF HIGHER EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Child care grants. new text end

new text begin $....... is appropriated from the general fund to
the Office of Higher Education in fiscal year 2010 for child care grants under Minnesota
Statutes, section 136A.125. To be eligible for a grant, the grantee must ensure that none
of the money provided is used to encourage or affirmatively counsel a woman to have
an abortion not necessary to prevent her death, to provide her an abortion, or to directly
refer her to an abortion provider for an abortion. The grantee may provide nondirective
counseling. This appropriation is in addition to the appropriation to the Office of Higher
Education for fiscal years 2010 and 2011.
new text end

new text begin Subd. 2. new text end

new text begin Parenting support grants. new text end

new text begin $....... is appropriated from the general fund
to the Office of Higher Education in fiscal year 2010 for parenting support grants under
Minnesota Statutes, section 136A.126. To be eligible for a grant, the grantee must ensure
that none of the money provided is used to encourage or affirmatively counsel a woman
to have an abortion not necessary to prevent her death, to provide her an abortion, or
to directly refer her to an abortion provider for an abortion. The grantee may provide
nondirective counseling. Of this amount, $....... may be used for setup and administration.
The general fund base for parenting support grants shall be $....... in fiscal year 2010.
new text end