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SF 2487

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 09:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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4.1

A bill for an act
relating to insurance; requiring that policy forms and premium rates for health
insurance coverage be submitted to, and approved by, the commissioner
of commerce or health and MNsure by specified dates; making premium
rates available to the public; requiring that MNsure funding and premium
assessment changes be authorized in law; requiring MNsure reports be provided
by an independent third party; amending Minnesota Statutes 2012, section
62A.02, subdivision 2; Minnesota Statutes 2013 Supplement, sections 62A.02,
subdivision 8; 62V.05, subdivision 2; 62V.07; 62V.08.

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

Section 1.

Minnesota Statutes 2012, section 62A.02, subdivision 2, is amended to read:


Subd. 2.

Approval.

(a) The health plan form shall not be issued, nor shall any
application, rider, endorsement, or rate be used in connection with it, until the expiration
of 60 days after it has been filed unless the commissioner approves it before that time.

(b) Notwithstanding paragraph (a), a rate filed with respect to a policy of accident and
sickness insurance as defined in section 62A.01 by an insurer licensed under chapter 60A,
may be used on or after the date of filing with the commissioner. Rates that are not approved
or disapproved within the 60-day time period are deemed approved. This paragraph does
not apply to Medicare-related coverage as defined in section 62A.3099, subdivision 17.

new text begin (c) Health plans to be offered outside of MNsure for coverage to begin on or
after January 1, 2015, and each January 1 thereafter must receive rate approval from
the commissioner no later than September 1 of the preceding calendar year, beginning
September 1, 2014, and each September 1 thereafter. Premium rates for the next calendar
year must be made available to the public by the commissioner by September 1 of the
preceding calendar year.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 62A.02, subdivision 8, is
amended to read:


Subd. 8.

Filing by health carriers for purposes of complying with the
certification requirements of MNsure.

new text begin (a) new text end No qualified health plan shall be offered
through MNsure until its form and the premium rates pertaining to the form have been
approved by the commissioner of commerce or health, as appropriate, and the health plan
has been determined to comply with the certification requirements of MNsure in accordance
with an agreement between the commissioners of commerce and health and MNsure.

new text begin (b) Qualified health plans to be offered through MNsure for coverage to begin
January 1, 2015, and each January thereafter, must satisfy all requirements of paragraph
(a) no later than September 1 of the preceding calendar year, beginning September 1,
2014, and each September 1 thereafter. Premium rates, and plan enrollment, for the next
calendar year must be available to the public through MNsure by September 1 of the
preceding calendar year.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 62V.05, subdivision 2, is
amended to read:


Subd. 2.

Operations funding.

(a) Prior to January 1, 2015, MNsure shall retain or
collect up to 1.5 percent of total premiums for individual and small group market health
plans and dental plans sold through MNsure to fund the cash reserves of MNsure, but
the amount collected shall not exceed a dollar amount equal to 25 percent of the funds
collected under section 62E.11, subdivision 6, for calendar year 2012.

(b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of
total premiums for individual and small group market health plans and dental plans sold
through MNsure to fund the operations of MNsure, but the amount collected shall not
exceed a dollar amount equal to 50 percent of the funds collected under section 62E.11,
subdivision 6
, for calendar year 2012.

(c) deleted text begin Beginning January 1, 2016, MNsure shall retain or collect up to 3.5 percent of
total premiums for individual and small group market health plans and dental plans sold
through MNsure to fund the operations of MNsure, but the amount collected may never
exceed a dollar amount greater than 100 percent of the funds collected under section
62E.11, subdivision 6, for calendar year 2012.
deleted text end new text begin Beginning July 1, 2015, any change in the
percent of total premiums collected or the percentage limit for funds collected under
section 62E.11, subdivision 6, for calendar year 2012, must be approved in law.
new text end

(d) For fiscal years 2014 and 2015, the commissioner of management and budget is
authorized to provide cash flow assistance of up to $20,000,000 from the special revenue
fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a),
to MNsure. Any funds provided under this paragraph shall be repaid, with interest, by
June 30, 2015.

(e) Funding for the operations of MNsure shall cover any compensation provided to
navigators participating in the navigator program.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 62V.07, is amended to read:


62V.07 FUNDS.

(a) The MNsure account is created in the special revenue fund of the state treasury.
All funds received by MNsure shall be deposited in the account. deleted text begin Funds in the account are
appropriated to MNsure for the operation of MNsure.
deleted text end Notwithstanding section 11A.20, all
investment income and all investment losses attributable to the investment of the MNsure
account not currently needed, shall be credited to the MNsure account.

(b) The budget submitted to the legislature under section 16A.11 must include budget
informationnew text begin and budget requestsnew text end for MNsure.new text begin Beginning July 1, 2015, funds for MNsure
operations are available to the MNsure Board only to the extent they are appropriated in law.
new text end

Sec. 5.

Minnesota Statutes 2013 Supplement, section 62V.08, is amended to read:


62V.08 REPORTS.

(a) MNsure shallnew text begin contract with an independent third party to prepare andnew text end submit
a report to the legislature by deleted text begin January 15, 2015deleted text end new text begin September 1, 2014new text end , and each deleted text begin January
15
deleted text end new text begin September 1new text end thereafter, on: (1) the performance of MNsure operations; (2) meeting
MNsure responsibilities; (3) an accounting of MNsure budget activities; (4) practices
and procedures that have been implemented to ensure compliance with data practices
laws, and a description of any violations of data practices laws or procedures; and (5)
the effectiveness of the outreach and implementation activities of MNsure in reducing
the rate of uninsurance.

(b) MNsure must publish its administrative and operational costs on a Web site to
educate consumers on those costs.new text begin All cost information published on the Web site must
be audited and verified by an independent third party.
new text end The information published must
include: (1) the amount of premiums and federal premium subsidies collected; (2) the
amount and source of revenue received under section 62V.05, subdivision 1, paragraph
(b), clause (3); (3) the amount and source of any other fees collected for purposes of
supporting operations; and (4) any misuse of funds as identified in accordance with section
3.975. The Web site must be updated at least annually.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end