SF 1785

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; increasing the marriage license 
  1.3             fee and allowing the fee to be waived in certain 
  1.4             circumstances; providing health care coverage for 
  1.5             marriage and family counseling; making it unlawful for 
  1.6             an unmarried woman to be artificially inseminated; 
  1.7             allowing a judge to order counseling if one of the 
  1.8             parties contests the separation or dissolution of the 
  1.9             marriage; amending Minnesota Statutes 1994, sections 
  1.10            62A.152, subdivision 2; 62D.102; 256.9353, subdivision 
  1.11            1; 256B.0625, by adding a subdivision; 257.56, by 
  1.12            adding a subdivision; 357.021, subdivisions 2 and 2a; 
  1.13            517.08, subdivisions 1b and 1c; proposing coding for 
  1.14            new law in Minnesota Statutes, chapter 518. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1994, section 62A.152, 
  1.17  subdivision 2, is amended to read: 
  1.18     Subd. 2.  [MINIMUM BENEFITS.] (a) All group policies and 
  1.19  all group subscriber contracts providing benefits for mental or 
  1.20  nervous disorder treatments in a hospital shall also provide 
  1.21  coverage on the same basis as coverage for other benefits for at 
  1.22  least 80 percent of the cost of the usual and customary charges 
  1.23  of the first ten hours of treatment incurred over a 12-month 
  1.24  benefit period, for mental or nervous disorder consultation, 
  1.25  diagnosis and treatment services delivered while the insured 
  1.26  person is not a bed patient in a hospital, and at least 75 
  1.27  percent of the cost of the usual and customary charges for any 
  1.28  additional hours of treatment during the same 12-month benefit 
  1.29  period for serious or persistent mental or nervous disorders, if 
  1.30  the services are furnished by (1) a licensed or accredited 
  2.1   hospital, (2) a community mental health center or mental health 
  2.2   clinic approved or licensed by the commissioner of human 
  2.3   services or other authorized state agency, or (3) a mental 
  2.4   health professional, as defined in sections 245.462, subdivision 
  2.5   18, clauses (1) to (5); and 245.4871, subdivision 27, clauses 
  2.6   (1) to (5).  Prior authorization from an accident and health 
  2.7   insurance company, or a nonprofit health service corporation, 
  2.8   shall be required for an extension of coverage beyond ten hours 
  2.9   of treatment.  This prior authorization must be based upon the 
  2.10  severity of the disorder, the patient's risk of deterioration 
  2.11  without ongoing treatment and maintenance, degree of functional 
  2.12  impairment, and a concise treatment plan.  Authorization for 
  2.13  extended treatment may be limited to a maximum of 30 visit hours 
  2.14  during any 12-month benefit period. 
  2.15     (b) For purposes of this section, covered treatment for a 
  2.16  minor includes treatment for the family if family therapy is 
  2.17  recommended by a provider listed in paragraph (a).  For purposes 
  2.18  of determining benefits under this section, "hours of treatment" 
  2.19  means treatment rendered on an individual or single-family 
  2.20  basis.  If treatment is rendered on a group basis, the hours of 
  2.21  covered group treatment must be provided at a ratio of no less 
  2.22  than two group treatment sessions to one individual treatment 
  2.23  hour.  
  2.24     (c) For purposes of this section, covered treatment 
  2.25  includes marriage and family therapy as defined under section 
  2.26  148B.29, subdivision 3. 
  2.27     Sec. 2.  Minnesota Statutes 1994, section 62D.102, is 
  2.28  amended to read: 
  2.29     62D.102 [MINIMUM BENEFITS.] 
  2.30     (a) In addition to minimum requirements established in 
  2.31  other sections, all group health maintenance contracts providing 
  2.32  benefits for mental or nervous disorder treatments in a hospital 
  2.33  shall also provide coverage for at least ten hours of treatment 
  2.34  over a 12-month period with a copayment not to exceed the 
  2.35  greater of $10 or 20 percent of the applicable usual and 
  2.36  customary charge for mental or nervous disorder consultation, 
  3.1   diagnosis and treatment services delivered while the enrollee is 
  3.2   not a bed patient in a hospital and at least 75 percent of the 
  3.3   cost of the usual and customary charges for any additional hours 
  3.4   of ambulatory mental health treatment during the same 12-month 
  3.5   benefit period for serious or persistent mental or nervous 
  3.6   disorders.  Prior authorization may be required for an extension 
  3.7   of coverage beyond ten hours of treatment.  This prior 
  3.8   authorization must be based upon the severity of the disorder, 
  3.9   the patient's risk of deterioration without ongoing treatment 
  3.10  and maintenance, degree of functional impairment, and a concise 
  3.11  treatment plan.  Authorization for extended treatment may be 
  3.12  limited to a maximum of 30 visit hours during any 12-month 
  3.13  benefit period. 
  3.14     (b) For purposes of this section, covered treatment for a 
  3.15  minor includes treatment for the family if family therapy is 
  3.16  recommended by a health maintenance organization provider.  For 
  3.17  purposes of determining benefits under this section, "hours of 
  3.18  treatment" means treatment rendered on an individual or 
  3.19  single-family basis.  If treatment is rendered on a group basis, 
  3.20  the hours of covered group treatment must be provided at a ratio 
  3.21  of no less than two group treatment sessions to one individual 
  3.22  treatment hour.  For a health maintenance contract that is 
  3.23  offered as a companion to a health insurance subscriber 
  3.24  contract, the benefits for mental or nervous disorders must be 
  3.25  calculated in aggregate for the health maintenance contract and 
  3.26  the health insurance subscriber contract. 
  3.27     (c) For purposes of this section, covered treatment 
  3.28  includes marriage and family therapy as defined under section 
  3.29  148B.29, subdivision 3. 
  3.30     Sec. 3.  Minnesota Statutes 1994, section 256.9353, 
  3.31  subdivision 1, is amended to read: 
  3.32     Subdivision 1.  [COVERED HEALTH SERVICES.] "Covered health 
  3.33  services" means the health services reimbursed under chapter 
  3.34  256B, with the exception of inpatient hospital services, special 
  3.35  education services, private duty nursing services, adult dental 
  3.36  care services other than preventive services, orthodontic 
  4.1   services, medical transportation services, personal care 
  4.2   assistant and case management services, hospice care services, 
  4.3   nursing home or intermediate care facilities services, inpatient 
  4.4   mental health services, and chemical dependency services.  
  4.5   Outpatient mental health services covered under the 
  4.6   MinnesotaCare program are limited to diagnostic assessments, 
  4.7   psychological testing, explanation of findings, medication 
  4.8   management by a physician, day treatment, partial 
  4.9   hospitalization, marriage and family therapy, and individual, 
  4.10  family, and group psychotherapy.  Covered health services shall 
  4.11  be expanded as provided in this section. 
  4.12     Sec. 4.  Minnesota Statutes 1994, section 256B.0625, is 
  4.13  amended by adding a subdivision to read: 
  4.14     Subd. 5a.  [MARRIAGE AND FAMILY THERAPY.] Medical 
  4.15  assistance covers marriage and family therapy as defined under 
  4.16  section 148B.29, subdivision 3. 
  4.17     Sec. 5.  Minnesota Statutes 1994, section 257.56, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 3.  It is unlawful for an unmarried woman to be 
  4.20  artificially inseminated unless a male provides a signed 
  4.21  affidavit to the licensed physician or the person who will 
  4.22  perform the artificial insemination procedure prior to the 
  4.23  artificial insemination stating that he will sign appropriate 
  4.24  documents as soon as possible prior to or after the birth 
  4.25  legally establishing himself as the father of the child or 
  4.26  children resulting from the artificial insemination. 
  4.27     Sec. 6.  Minnesota Statutes 1994, section 357.021, 
  4.28  subdivision 2, is amended to read: 
  4.29     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
  4.30  collected by the court administrator shall be as follows: 
  4.31     (1) In every civil action or proceeding in said court, the 
  4.32  plaintiff, petitioner, or other moving party shall pay, when the 
  4.33  first paper is filed for that party in said action, a fee of 
  4.34  $122, except a marriage dissolution fee is $162. 
  4.35     The defendant or other adverse or intervening party, or any 
  4.36  one or more of several defendants or other adverse or 
  5.1   intervening parties appearing separately from the others, shall 
  5.2   pay, when the first paper is filed for that party in said 
  5.3   action, a fee of $122. 
  5.4      The party requesting a trial by jury shall pay $75. 
  5.5      The fees above stated shall be the full trial fee 
  5.6   chargeable to said parties irrespective of whether trial be to 
  5.7   the court alone, to the court and jury, or disposed of without 
  5.8   trial, and shall include the entry of judgment in the action, 
  5.9   but does not include copies or certified copies of any papers so 
  5.10  filed or proceedings under chapter 103E, except the provisions 
  5.11  therein as to appeals. 
  5.12     (2) Certified copy of any instrument from a civil or 
  5.13  criminal proceeding, $10, and $5 for an uncertified copy. 
  5.14     (3) Issuing a subpoena, $3 for each name. 
  5.15     (4) Issuing an execution and filing the return thereof; 
  5.16  issuing a writ of attachment, injunction, habeas corpus, 
  5.17  mandamus, quo warranto, certiorari, or other writs not 
  5.18  specifically mentioned, $10. 
  5.19     (5) Issuing a transcript of judgment, or for filing and 
  5.20  docketing a transcript of judgment from another court, $7.50. 
  5.21     (6) Filing and entering a satisfaction of judgment, partial 
  5.22  satisfaction, or assignment of judgment, $5. 
  5.23     (7) Certificate as to existence or nonexistence of 
  5.24  judgments docketed, $5 for each name certified to. 
  5.25     (8) Filing and indexing trade name; or recording basic 
  5.26  science certificate; or recording certificate of physicians, 
  5.27  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
  5.28     (9) For the filing of each partial, final, or annual 
  5.29  account in all trusteeships, $10. 
  5.30     (10) For the deposit of a will, $5. 
  5.31     (11) For recording notary commission, $25, of which, 
  5.32  notwithstanding subdivision 1a, paragraph (b), $20 must be 
  5.33  forwarded to the state treasurer to be deposited in the state 
  5.34  treasury and credited to the general fund. 
  5.35     (12) When a defendant pleads guilty to or is sentenced for 
  5.36  a petty misdemeanor other than a parking violation, the 
  6.1   defendant shall pay a fee of $11. 
  6.2      (13) Filing a motion or response to a motion for 
  6.3   modification of child support, a fee fixed by rule or order of 
  6.4   the supreme court.  
  6.5      (14) All other services required by law for which no fee is 
  6.6   provided, such fee as compares favorably with those herein 
  6.7   provided, or such as may be fixed by rule or order of the court. 
  6.8      The fees in clauses (3) and (4) need not be paid by a 
  6.9   public authority or the party the public authority represents. 
  6.10     Sec. 7.  Minnesota Statutes 1994, section 357.021, 
  6.11  subdivision 2a, is amended to read: 
  6.12     Subd. 2a.  [CERTAIN FEE PURPOSES.] Of the petitioner's 
  6.13  marriage dissolution fee collected pursuant to subdivision 2, 
  6.14  the court administrator shall pay $35 $75 to the state treasurer 
  6.15  to be deposited in the general fund. 
  6.16     Sec. 8.  Minnesota Statutes 1994, section 517.08, 
  6.17  subdivision 1b, is amended to read: 
  6.18     Subd. 1b.  [TERM OF LICENSE; FEE.] (a) The court 
  6.19  administrator shall examine upon oath the party applying for a 
  6.20  license relative to the legality of the contemplated marriage.  
  6.21  If at the expiration of a five-day period, on being satisfied 
  6.22  that there is no legal impediment to it, the court administrator 
  6.23  shall issue the license, containing the full names of the 
  6.24  parties before and after marriage, and county and state of 
  6.25  residence, with the district court seal attached, and make a 
  6.26  record of the date of issuance.  The license shall be valid for 
  6.27  a period of six months.  In case of emergency or extraordinary 
  6.28  circumstances, a judge of the county court or a judge of the 
  6.29  district court of the county in which the application is made, 
  6.30  may authorize the license to be issued at any time before the 
  6.31  expiration of the five days.  If the license is not used within 
  6.32  the period of six months due to illness or other extenuating 
  6.33  circumstances, it may be surrendered to the court administrator 
  6.34  for cancellation, and in that case a new license shall be issued 
  6.35  upon request of the parties of the original license without fee. 
  6.36     (b) The court administrator shall collect from the 
  7.1   applicant a fee of $65 $75 for administering the oath, issuing, 
  7.2   recording, and filing all papers required, and preparing and 
  7.3   transmitting to the state registrar of vital statistics the 
  7.4   reports of marriage required by this section.  If the license 
  7.5   should not be used within the period of six months due to 
  7.6   illness or other extenuating circumstances, it may be 
  7.7   surrendered to the court administrator for cancellation, and in 
  7.8   that case a new license shall issue upon request of the parties 
  7.9   of the original license without fee.  The court administrator 
  7.10  shall either waive the marriage license fee or collect a fee not 
  7.11  to exceed $15 if the parties attended pre-engagement or 
  7.12  premarital counseling within the 12 months prior to applying for 
  7.13  the marriage license, and proof of counseling is verified in an 
  7.14  affidavit or a notarized statement, signed by each party, which 
  7.15  provides: 
  7.16     (1) what entity, organization, or individual provided the 
  7.17  counseling; 
  7.18     (2) the address of the site where the counseling services 
  7.19  were received; 
  7.20     (3) the date or dates of the counseling; and 
  7.21     (4) the number of hours spent in counseling. 
  7.22     The affidavit or notarized statement must be presented to 
  7.23  the court administrator when applying for the marriage license.  
  7.24     (c) A court administrator who knowingly issues or signs a 
  7.25  marriage license in any manner other than as provided in this 
  7.26  section shall pay to the parties aggrieved an amount not to 
  7.27  exceed $1,000. 
  7.28     Sec. 9.  Minnesota Statutes 1994, section 517.08, 
  7.29  subdivision 1c, is amended to read: 
  7.30     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the marriage 
  7.31  license fee collected pursuant to subdivision 1b, the court 
  7.32  administrator shall pay $50 $60 to the state treasurer to be 
  7.33  deposited in the general fund. 
  7.34     Sec. 10.  [518.061] [CONTESTED PROCEEDINGS; COUNSELING.] 
  7.35     If one of the parties petitions for a decree of legal 
  7.36  separation or dissolution and the other party contests the 
  8.1   petition and requests that the parties attend counseling, the 
  8.2   court may order the parties to attend counseling prior to 
  8.3   granting the petition.