SF 3967

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 10:06am

A bill for an act
relating to insurance; requiring health plan coverage of abortions and
abortion-related services; requiring medical assistance coverage of abortions and
abortion-related services; making conforming changes; amending Minnesota
Statutes 2022, sections 62D.02, subdivision 7; 62D.20, subdivision 1; 62D.22,
subdivision 5; 62Q.14; Minnesota Statutes 2023 Supplement, section 256B.0625,
subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 62Q;
repealing Minnesota Statutes 2022, section 62A.041, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 62D.02, subdivision 7, is amended to read:

Subd. 7.

Comprehensive health maintenance services.

"Comprehensive health
maintenance services" means a set of comprehensive health services which the enrollees
might reasonably require to be maintained in good health including as a minimum, but not
limited to, emergency care, emergency ground ambulance transportation services, inpatient
hospital and physician care, outpatient health services and preventive health services.
deleted text begin Elective, induced abortion, except as medically necessary to prevent the death of the mother,
whether performed in a hospital, other abortion facility or the office of a physician, shall
not be mandatory for any health maintenance organization.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 62D.20, subdivision 1, is amended to read:

Subdivision 1.

Rulemaking.

The commissioner of health may, pursuant to chapter 14,
promulgate such reasonable rules as are necessary or proper to carry out the provisions of
sections 62D.01 to 62D.30. Included among such rules shall be those which provide minimum
requirements for the provision of comprehensive health maintenance services, as defined
in section 62D.02, subdivision 7, and reasonable exclusions therefrom. deleted text begin Nothing in such
rules shall force or require a health maintenance organization to provide elective, induced
abortions, except as medically necessary to prevent the death of the mother, whether
performed in a hospital, other abortion facility, or the office of a physician; the rules shall
provide every health maintenance organization the option of excluding or including elective,
induced abortions, except as medically necessary to prevent the death of the mother, as part
of its comprehensive health maintenance services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 62D.22, subdivision 5, is amended to read:

Subd. 5.

Other state law.

Except as otherwise provided in sections 62A.01 to 62A.42
and 62D.01 to 62D.30, deleted text begin and except as they eliminate elective, induced abortions, wherever
performed, from health or maternity benefits, deleted text end provisions of the insurance laws and provisions
of nonprofit health service plan corporation laws shall not be applicable to any health
maintenance organization granted a certificate of authority under sections 62D.01 to 62D.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 62Q.14, is amended to read:

62Q.14 RESTRICTIONS ON ENROLLEE SERVICES.

No health plan company may restrict the choice of an enrollee as to where the enrollee
receives services related to:

(1) the voluntary planning of the conception and bearing of children deleted text begin , provided that this
clause does not refer to abortion services deleted text end ;

(2) the diagnosis of infertility;

(3) the testing and treatment of a sexually transmitted disease; and

(4) the testing for AIDS or other HIV-related conditions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

Sec. 5.

new text begin [62Q.524] COVERAGE OF ABORTIONS AND ABORTION-RELATED
SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "abortion" means any medical
treatment intended to induce the termination of a pregnancy with a purpose other than
producing a live birth.
new text end

new text begin Subd. 2. new text end

new text begin Required coverage; cost-sharing. new text end

new text begin (a) A health plan must provide coverage
for abortions and abortion-related services, including preabortion services and follow-up
services.
new text end

new text begin (b) Except as provided in paragraph (c), cost-sharing requirements, including
co-payments, coinsurance, and deductibles, must not apply for abortions and abortion-related
services.
new text end

new text begin (c) A health plan that is a high-deductible health plan in conjunction with a health savings
account must include cost-sharing for abortions and abortion-related services at the minimum
level necessary to preserve the enrollee's ability to make tax-exempt contributions and
withdrawals from the health savings account as provided in section 223 of the Internal
Revenue Code of 1986, as amended.
new text end

new text begin (d) A health plan must not impose any limitation on the coverage under this section,
including but not limited to any utilization review, prior authorization, referral requirements,
restrictions, or delays, that is not generally applicable to other coverages under the plan.
new text end

new text begin Subd. 3. new text end

new text begin Exclusion. new text end

new text begin This section does not apply to managed care organizations or
county-based purchasing plans when the plan provides coverage to public health care
program enrollees under chapter 256B or 256L.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 16, is
amended to read:

Subd. 16.

Abortion services.

Medical assistance covers deleted text begin abortion services determined
to be medically necessary by the treating provider and delivered in accordance with all
applicable Minnesota laws deleted text end new text begin abortions and abortion-related services, including preabortion
services and follow-up services new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 62A.041, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to health
plans offered, sold, issued, or renewed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: S3967-1

62A.041 MATERNITY BENEFITS.

Subd. 3.

Abortion.

For the purposes of this section, the term "maternity benefits" shall not include elective, induced abortion whether performed in a hospital, other abortion facility, or the office of a physician.

This section applies to policies and contracts issued, delivered, or renewed after August 1, 1985, that cover Minnesota residents.