SF 3411

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; clarifying the purposes of the health care access fund;
eliminating certain transfers from the health care access fund; amending
Minnesota Statutes 2006, section 16A.724, by adding subdivisions; Minnesota
Statutes 2007 Supplement, section 16A.724, subdivision 2; repealing Minnesota
Statutes 2006, section 295.581; Minnesota Statutes 2007 Supplement, section
16A.724, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 16A.724, is amended by adding a
subdivision to read:

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 must be used solely for this purpose.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 16A.724, subdivision 2, is
amended to read:

Subd. 2.

Transfers.

(a) Notwithstanding deleted text begin section 295.581 deleted text end new text begin subdivision 5 new text end , to the
extent available resources in the health care access fund exceed expenditures in that fund,
effective for 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. The purpose of this transfer is to meet the rate increase required under Laws
2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.

(b) For fiscal years 2006 to 2011, 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.

Sec. 3.

Minnesota Statutes 2006, section 16A.724, is amended by adding a subdivision
to read:

new text begin Subd. 5. 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 may 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. 4. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2006, section 295.581, new text end new text begin is repealed effective July 1, 2008.
new text end

new text begin (b) Minnesota Statutes 2007 Supplement, section 16A.724, subdivision 2, new text end new text begin is repealed
effective July 1, 2010.
new text end