SF 2028

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 07/05/2018 03:18pm

A bill for an act
relating to insurance; establishing a mental health and substance use disorder work
group; requiring a report.

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

Section 1. new text begin MENTAL HEALTH AND SUBSTANCE USE DISORDER WORK
GROUP.
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new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The mental health and substance use disorder work
group shall include the following:
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new text begin (1) two members representing health plan companies that offer health plans in the
individual market, appointed by the commissioner of commerce;
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new text begin (2) two members representing health plan companies that offer health plans in the group
markets, appointed by the commissioner of commerce;
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new text begin (3) the commissioner of health;
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new text begin (4) the commissioner of commerce;
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new text begin (5) the commissioner of management and budget;
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new text begin (6) two members representing employers;
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new text begin (7) two members who are providers representing the mental health and substance use
disorder community, appointed by the commissioner of commerce; and
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new text begin (8) two members who are advocates representing the mental health and substance use
disorder community, appointed by the commissioner of commerce.
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new text begin (b) Members of the work group must have expertise in standards for evidence-based
care, benefit design, or development or knowledge relating to the analysis of the mental
health and substance use disorder parity under federal and state law, including nonquantitative
treatment limitations.
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new text begin Subd. 2. new text end

new text begin First appointments; first meeting; chair. new text end

new text begin Appointing authorities shall appoint
members to the work group by July 1, 2018. The commissioner of commerce or a designee
shall convene the first meeting of the work group on or before August 1, 2018. The
commissioner of commerce shall act as chair.
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new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The commissioners of health and commerce shall
provide administrative support and meeting space for the work group.
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new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The mental health and substance use disorder work group shall have
the following duties:
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new text begin (1) develop recommendations on the most effective approach to determine and
demonstrate mental health and substance use disorder parity, in accordance with state and
federal law for individual and group health plans offered in Minnesota; and
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new text begin (2) report recommendations to the legislature.
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new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin (a) By February 15, 2019, the commissioner of commerce shall submit
a report of the recommendations of the work group to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care policy and finance.
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new text begin (b) The report must include the following:
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new text begin (1) a summary of completed state enforcement actions relating to individual and group
health plans offered in Minnesota during the preceding 12-month period regarding
compliance with parity in mental health and substance use disorders benefits in accordance
with state and federal law, and summarize the results of completed state enforcement actions.
Data that is protected under state or federal law as nonpublic, private, or confidential shall
remain nonpublic, private, or confidential. This summary must include:
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new text begin (i) the number of formal enforcement actions taken;
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new text begin (ii) the benefit classifications examined in each enforcement action; and
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new text begin (iii) the subject matter of each enforcement action, including quantitative and
nonquantitative treatment limitations;
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new text begin (2) detailed information about any regulatory actions the commissioners of health or
commerce have taken as a result of a completed state enforcement action pertaining to health
plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53, and United States
Code, title 42, section 18031(j); and
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new text begin (3) a description of the work group's recommendations on educating the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.
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new text begin (c) In developing the report and recommendations, the work group may consult with
the Substance Abuse and Mental Health Services Agency and the National Association of
Insurance Commissioners for the latest developments on evaluation of mental health and
substance use disorder parity.
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new text begin (d) The report must be written in nontechnical, readily understandable language and be
made available to the public by posting the report on the Web sites for the Department of
Health and Department of Commerce. The work group may make the report publicly
available in additional ways at its discretion.
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new text begin (e) The report must include any draft legislation necessary to implement the
recommendations of the work group.
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new text begin (f) The report must include recommendations on the most effective approach to determine
and demonstrate mental health and substance use disorder parity, in accordance with state
and federal law for individual and group health plans offered in Minnesota.
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new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The mental health and substance use disorder work group expires
February 16, 2019, or the day after submitting the report required in this section, whichever
is earlier.
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