SF 2311

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing a process for 
  1.3             assessing proposed health coverage mandates; 
  1.4             appropriating money; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 62A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [62A.310] [ASSESSMENT OF PROPOSED HEALTH 
  1.8   COVERAGE MANDATES.] 
  1.9      Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  1.10  section, the following terms have the meanings given them: 
  1.11     (1) "mandated health benefit proposal" means a proposal 
  1.12  that would statutorily require a health plan to do the following:
  1.13     (i) provide coverage, or increase the amount of coverage, 
  1.14  for the treatment of a particular disease, condition, or other 
  1.15  health care need; or 
  1.16     (ii) provide coverage, or increase the amount of coverage, 
  1.17  of a particular type of health care treatment or service or of 
  1.18  equipment, supplies, or drugs used in connection with a health 
  1.19  care treatment or service; 
  1.20     (2) "commissioner" means the commissioner of health; and 
  1.21     (3) "health plan" means a health plan as defined in section 
  1.22  62A.011, subdivision 3, but includes coverage listed in section 
  1.23  62A.011, subdivision 3, clauses (7) and (10), within the 
  1.24  definition. 
  1.25     Subd. 2.  [HEALTH COVERAGE MANDATE ASSESSMENT PROCESS 
  2.1   ESTABLISHED.] The commissioner of health, in consultation with 
  2.2   the commissioners of commerce, human services, and employee 
  2.3   relations, shall establish and administer a process for the 
  2.4   review, assessment, and cost benefit analysis of mandated health 
  2.5   benefit proposals.  The purpose of the process is to provide the 
  2.6   legislature with a cost benefit analysis of the social and 
  2.7   financial impact of each mandated health benefit proposal before 
  2.8   legislative action is taken.  
  2.9      Subd. 3.  [REQUESTS FOR ASSESSMENT.] Whenever a legislative 
  2.10  measure containing a mandated health benefit proposal is 
  2.11  introduced as a bill or offered as an amendment to a bill, or is 
  2.12  likely to be introduced or offered as an amendment, the chairs 
  2.13  of the standing committees having jurisdiction over the proposal 
  2.14  shall request that the commissioner complete an assessment of 
  2.15  the proposal prior to any committee action by either house of 
  2.16  the legislature.  Any person or organization may also request 
  2.17  that the commissioner complete an assessment.  If multiple 
  2.18  requests are received, the commissioner shall consult with the 
  2.19  chairs of the standing legislative committees having 
  2.20  jurisdiction over mandated health benefit proposals to 
  2.21  prioritize the requests. 
  2.22     Subd. 4.  [ASSESSMENT OF PROPOSED MANDATES; REPORT TO THE 
  2.23  LEGISLATURE.] The commissioner shall conduct an assessment of 
  2.24  each mandated health benefit proposal selected for assessment 
  2.25  and submit a report to the legislature no later than 180 days 
  2.26  after the request.  The commissioner shall, in consultation with 
  2.27  the chairs of the standing committees having jurisdiction over 
  2.28  the proposal, develop a reporting date for each proposal to be 
  2.29  assessed.  If the commissioners of health and commerce determine 
  2.30  that the assessment of a particular mandated health benefit 
  2.31  proposal should be completed entirely or in part by the 
  2.32  commissioner of commerce, the commissioners may agree to have 
  2.33  the commissioner of commerce complete the assessment and submit 
  2.34  the report to the legislature.  The commissioner responsible for 
  2.35  completing an assessment may seek the assistance and advice of 
  2.36  consultants, contractors, researchers, or other persons or 
  3.1   organizations with relevant expertise and may request advice or 
  3.2   analysis from the health technology advisory committee. 
  3.3      Subd. 5.  [NONLEGISLATIVE SOLUTIONS.] If, in the course of 
  3.4   reviewing a mandated health benefit proposal, the commissioner 
  3.5   determines that the problem can be solved without legislation 
  3.6   through the exercise of existing state regulatory authority or 
  3.7   other actions, the commissioner may take action to resolve the 
  3.8   problem.  The commissioner shall inform the chairs of the 
  3.9   standing committees having jurisdiction over the mandated health 
  3.10  benefit proposal of any nonlegislative action taken. 
  3.11     Subd. 6.  [PUBLIC HEARINGS.] The commissioner shall solicit 
  3.12  comments and recommendations on a mandated health benefit 
  3.13  proposal from any interested persons and organizations and may 
  3.14  schedule public hearings.  The commissioner shall also seek the 
  3.15  comments and recommendations of representatives of health care 
  3.16  consumers and employers.  The commissioner shall summarize the 
  3.17  various comments and recommendations received in the 
  3.18  commissioner's report to the legislature. 
  3.19     Subd. 7.  [ADVICE AND RECOMMENDATIONS OF THE MINNESOTA 
  3.20  HEALTH CARE COMMISSION.] The commissioner shall seek the advice 
  3.21  and recommendations of the Minnesota health care commission 
  3.22  regarding a mandated health benefit proposal and shall include a 
  3.23  summary of the commission's advice and recommendations in the 
  3.24  commissioner's report to the legislature. 
  3.25     Sec. 2.  [APPROPRIATION.] 
  3.26     $....... is appropriated from the state government special 
  3.27  revenue fund to the commissioner of health for the purpose of 
  3.28  establishing and administering the review process established in 
  3.29  section 1. 
  3.30     Sec. 3.  [EFFECTIVE DATE.] 
  3.31     Section 1 is effective the day following final enactment.