SF 3067

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; clarifying the purpose of the health care access
fund; providing for a contingent reduction in the MinnesotaCare provider
tax; eliminating certain transfers from the health care access fund; amending
Minnesota Statutes 2004, section 295.52, by adding a subdivision; Minnesota
Statutes 2005 Supplement, section 16A.724; repealing Minnesota Statutes
2004, section 295.581; Minnesota Statutes 2005 Supplement, section 16A.724,
subdivision 2.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 16A.724, is amended to read:

16A.724 HEALTH CARE ACCESS FUND.

Subdivision 1.

Creation of fund.

A health care access fund is created in the state
treasury. The fund is a direct appropriated special revenue fund. The commissioner shall
deposit to the credit of the fund money made available to the fund. Notwithstanding
section 11A.20, after June 30, 1997, all investment income and all investment losses
attributable to the investment of the health care access fund not currently needed shall
be credited to the health care access fund.

new text begin Subd. 1a. new text end

new text begin Purpose of fund. new text end

new text begin The purpose of the health care access fund is to finance
affordable health care services for low-income Minnesotans and Minnesota families.
Money in the fund shall be used solely for this purpose.
new text end

Subd. 2.

Transfers.

(a) Notwithstanding deleted text begin section 295.581 deleted text end new text begin subdivision 3 new text end , to the
extent available resources in the health care access fund exceed expenditures in that fund,
effective with the biennium beginning July 1, 2007, the commissioner of finance shall
transfer the excess funds from the health care access fund to the general fund on June 30
of each year, provided that the amount transferred in any fiscal biennium shall not exceed
$96,000,000.

(b) For fiscal years 2006 to 2009, MinnesotaCare shall be a forecasted program, and,
if necessary, the commissioner shall reduce these transfers from the health care access
fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary,
transfer sufficient funds from the general fund to the health care access fund to meet
annual MinnesotaCare expenditures.

new text begin Subd. 3. new text end

new text begin Prohibition on non-MinnesotaCare transfers from fund.
new text end

new text begin Notwithstanding any law to the contrary, and notwithstanding section 645.33, money in
the health care access fund shall be appropriated only for purposes that are consistent with
past and current MinnesotaCare appropriations in Laws 1992, chapter 549; Laws 1993,
chapter 345; Laws 1994, chapter 625; and Laws 1995, chapter 234, or for initiatives that
are part of section 1115 of the Social Security Act health care reform waiver submitted
to the federal Centers for Medicare and Medicaid Services by the commissioner of human
services as appropriated in Laws 1995, chapter 234. Money in the health care access fund
may not be used to replace existing spending on subsidized health care programs.
new text end

Sec. 2.

Minnesota Statutes 2004, section 295.52, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Contingent reduction in tax rate. new text end

new text begin (a) On September 1 of each year,
beginning September 1, 2006, the commissioner of finance shall determine the projected
balance of the health care access fund as of June 30 of the following year, based on
the most recent February forecast adjusted for any legislative session changes. If the
commissioner determines that the projected balance in the health care access fund as of
that June 30 will exceed 25 percent of the projected expenditures from the fund for the
fiscal year ending the following June 30, the commissioner of finance, in consultation with
the commissioner of revenue, shall reduce the tax rates specified in subdivisions 1, 1a, 2,
3, and 4, in one-fourth of one percent increments, so that the projected balance in the fund
is reduced to an amount equal to 25 percent of projected expenditures from the fund. The
reduced tax rate shall take effect on the January 1 that immediately follows the September
1 on which the commissioner determines the projected balance. The commissioner of
finance shall publish in the State Register by October 1 of each year the amount of tax to
be imposed for the following calendar year.
new text end

new text begin (b) If the commissioner determines that the projected balance in the health care
access fund as of June 30 will not exceed 25 percent of the projected expenditures from the
fund for the fiscal year ending the following June 30, the tax rates specified in subdivisions
1, 1a, 2, 3, and 4 shall continue to apply.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 295.581, new text end new text begin is repealed effective July 1, 2006.
new text end

new text begin (b) Minnesota Statutes 2005 Supplement, section 16A.724, subdivision 2, new text end new text begin is repealed
effective July 1, 2009.
new text end