SF 1942

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 08:51am

A bill for an act
relating to health care; prohibiting health insurance exclusion for prior medical
conditions.

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

Section 1. new text begin ELIGIBILITY FOR HEALTH INSURANCE COVERAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Health carrier" has the meaning given in Minnesota Statutes, section 62A.011,
subdivision 2.
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new text begin (c) "Repeal" means a federal legislative repeal, invalidation by a federal court, or
substantial change from a federal policy change or other action that nullifies essential
provisions of the underlying law.
new text end

new text begin Subd. 2. new text end

new text begin Prohibiting exclusion. new text end

new text begin Notwithstanding any other law, if United States Code,
title 42, section 300gg-3, relating to the prohibition of preexisting condition exclusion, is
repealed, any health carrier that issues, sells, renews, or offers health insurance coverage
in Minnesota is prohibited from denying coverage based on any prior medical condition
from the effective date of the repeal of United States Code, title 42, section 300gg-3, to the
end of the calendar year following a complete legislative session after the effective date of
the repeal, unless the legislature provides otherwise. The commissioner of commerce must
(1) determine whether United States Code, title 42, section 300gg-3, has been repealed, (2)
determine the date the repeal is effective, and (3) notify the chairs and ranking minority
members of the legislative committees with jurisdiction over health insurance of the date
the repeal is effective and the health carriers affected by the requirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for health plans issued on or after the
date that the commissioner of commerce determines that United States Code, title 42, section
300gg-3, is repealed.
new text end