SF 1280

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

A bill for an act
relating to health; permitting Minnesota residents to buy health coverage
approved in other states; creating a Physician's Council on Health Care Policy
to analyze health coverage mandates; providing a tax credit for persons without
access to employer-based coverage; amending Minnesota Statutes 2008, sections
62A.02, by adding a subdivision; 290.06, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 62J.

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

Section 1.

Minnesota Statutes 2008, section 62A.02, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Right to buy and sell health coverage approved in other state. new text end

new text begin (a)
For purposes of this subdivision:
new text end

new text begin (1) "Commissioner" means the commissioner of commerce or the commissioner of
health, as appropriate, depending upon which commissioner would have authority over
the insurance company or health plan if it were subject to the laws of this state.
new text end

new text begin (2) "Health plan" has the meaning given in section 62A.011, subdivision 3, but
including coverage described in clause (10) of that subdivision, and without regard to the
references in that subdivision to the entities providing the health plan being licensed in
or operating under the laws of this state.
new text end

new text begin (3) "Insurance company," "domestic," "alien," "foreign," and "state" have the
meanings given in this section. Insurance company includes a health maintenance
organization or health service plan corporation, whether nonprofit or for profit.
new text end

new text begin (b) Notwithstanding any other law of this state to the contrary, any resident of this
state and any employer that employs residents of this state may purchase a health plan
that has not been approved by the commissioner, if the health plan is permitted to be sold
in any other state.
new text end

new text begin (c) Notwithstanding any other law of this state to the contrary, any insurance
company, whether domestic, foreign, or alien, that is permitted to offer, sell, issue, or
renew a health plan in any other state under the laws of that state, may also do so with
respect to that health plan in this state. The insurance company need not have a certificate
of authority, license, or other authorization from the commissioner to do business in this
state. This paragraph does not exempt the insurance company from compliance with
chapter 303, relating to foreign business entities.
new text end

new text begin (d) Notwithstanding any other law of this state to the contrary, any insurance agent
licensed or otherwise permitted to offer and sell health plans in this state or in a state in
which the health plan is permitted to be offered and sold, may offer and sell to a resident of
this state or to an employer that employs residents of this state any health plan permitted
to be offered and sold under paragraph (c), and is not, in connection with that transaction,
subject to the laws of this state regulating insurance agents.
new text end

new text begin (e) Notwithstanding any other law of this state to the contrary, an insurance company
and a health plan offered, issued, sold, or renewed by the insurance company under
authority of this subdivision are:
new text end

new text begin (1) not, in connection with that health plan, subject to the authority of the
commissioner in any respect, and the insurance company need not provide any filing or
notification to the commissioner;
new text end

new text begin (2) not, in connection with that health plan, required to comply with any law of
this state relating to insurance companies or health plans, including, but not limited to,
chapters 45 and 60A to 72C; and
new text end

new text begin (3) subject to the tax laws of this state, including chapter 297I, on the same basis
as other insurance companies doing business in this state and other health plans sold in
this state.
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 [62J.261] PHYSICIAN'S COUNCIL ON HEALTH CARE POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Health benefit mandate" means a state law that
requires that health plans:
new text end

new text begin (1) cover treatment of a particular disease, condition, or other health situation; or
new text end

new text begin (2) cover a particular health care treatment, service, equipment, supplies, or
prescription drug.
new text end

new text begin (b) "Health plan" means that term as defined in section 62Q.01, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Council created. new text end

new text begin The Physician's Council on Health Care Policy is created
to analyze health benefit mandates that have been enacted in Minnesota. The council has
seven members appointed by the commissioner of health for three-year staggered terms.
Members must be physicians licensed to practice medicine in this state. Members serve
without pay but must be reimbursed for expenses. The commissioner of health shall
provide staff to assist the council.
new text end

new text begin Subd. 3. new text end

new text begin Benefit-cost analysis. new text end

new text begin The council shall analyze the benefits and costs of
specific health benefit mandates. The council may select the priority to assign to analysis
of specific mandates.
new text end

new text begin Subd. 4. new text end

new text begin Advice to legislature. new text end

new text begin The council shall report its findings to the
legislature. It shall report whether the mandated health benefit it has analyzed is
cost-effective on the basis of its benefits and costs.
new text end

Sec. 3.

Minnesota Statutes 2008, section 290.06, is amended by adding a subdivision
to read:

new text begin Subd. 36. new text end

new text begin Health insurance credit. new text end

new text begin A credit is allowed equal to 25 percent of the
amounts paid during the taxable year for insurance, as defined in section 213(d)(1)(D) of
the Internal Revenue Code, to the extent these amounts were not deducted in computing or
otherwise exempted from federal taxable income or were used to compute the credit under
section 290.0672. The maximum amount of the credit is limited to the lesser of:
new text end

new text begin (1) the amount of the liability for tax under this section and section 290.091 for
the taxable year; or
new text end

new text begin (2) $5,000 for a married couple filing a joint return and $2,500 for all other filers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2008.
new text end