2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 07:56am
A bill for an act
relating to commerce; authorizing the Minnesota premium security plan as a
state-based reinsurance program administered by the Minnesota Comprehensive
Health Association; modifying certain provider taxes; imposing a reinsurance tax;
appropriating money; amending Minnesota Statutes 2016, section 62E.10,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 62E.10, subdivision 2, is amended to read:
The board of directors of the association
shall be made up of deleted text begin elevendeleted text end new text begin 13new text end members as follows: six directors selected by contributing
members, subject to approval by the commissioner, one of which must be a health actuary;
new text begin two directors selected by the commissioner of human services, one of whom must represent
hospitals and one of whom must represent health care providers; new text end five public directors selected
by the commissioner, at least two of whom must be plan enrollees, two of whom are covered
under an individual plan subject to assessment under section 62E.11 or group plan offered
by an employer subject to assessment under section 62E.11, and one of whom must be a
licensed insurance agent. At least two of the public directors must reside outside of the
seven-county metropolitan area. In determining voting rights at members' meetings, each
member shall be entitled to vote in person or proxy. The vote shall be a weighted vote based
upon the member's cost of self-insurance, accident and health insurance premium, subscriber
contract charges, health maintenance contract payment, or community integrated service
network payment derived from or on behalf of Minnesota residents in the previous calendar
year, as determined by the commissioner. In approving directors of the board, the
commissioner shall consider, among other things, whether all types of members are fairly
represented. Directors selected by contributing members may be reimbursed from the money
of the association for expenses incurred by them as directors, but shall not otherwise be
compensated by the association for their services. The costs of conducting meetings of the
association and its board of directors shall be borne by members of the association.
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For the purposes of sections 62E.21 to 62E.25, the terms
and phrases defined in this section have the meanings given them.
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"Affordable Care Act" means the Affordable Care Act
as defined in section 62A.011, subdivision 1a.
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"Attachment point" means the threshold dollar amount for
claims costs incurred by an eligible health carrier for an enrolled individual's covered benefits
in a plan year, after which threshold the claims costs for such benefits are eligible for
Minnesota premium security plan payments.
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"Board" means the board of directors of the Minnesota Comprehensive
Health Association established under section 62E.10.
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"Coinsurance rate" means the rate, established by the board
of the Minnesota Comprehensive Health Association, at which the association will reimburse
the eligible health carrier for claims costs incurred for an enrolled individual's covered
benefits in a plan year after the attachment point and before the reinsurance cap.
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"Commissioner" means the commissioner of commerce.
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"Eligible health carrier" means:
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(1) an insurance company licensed under chapter 60A to offer, sell, or issue a policy of
accident and sickness insurance as defined in section 62A.01;
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(2) a nonprofit health service plan corporation operating under chapter 62C; or
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(3) a health maintenance organization operating under chapter 62D
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offering health plans in the individual market and incurring claims costs for an individual
enrollee's covered benefits in the applicable plan year that exceed the attachment point under
the Minnesota premium security plan.
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"Individual market" has the meaning given in section
62A.011, subdivision 5.
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"Minnesota
Comprehensive Health Association" or "association" has the meaning given in section
62E.02, subdivision 14.
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The "Minnesota premium security plan"
means the state-based reinsurance program authorized under section 62E.23.
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"Plan year" means a calendar year for which an eligible health
carrier provides coverage under a health plan in the individual market.
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"Reinsurance cap" means the threshold dollar amount for
claims costs incurred by an eligible health carrier for an enrolled individual's covered
benefits, after which threshold the claims costs for such benefits are no longer eligible for
Minnesota premium security plan payments, established by the board of the Minnesota
Comprehensive Health Association.
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This section is effective the day following final enactment.
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In the implementation and operation of the Minnesota premium security plan, established
under section 62E.23, the commissioner shall require eligible health carriers to calculate
the premium amount the eligible health carrier would have charged for the applicable plan
year had the Minnesota premium security plan not been established and to submit this
information as part of the rate filing.
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This section is effective the day following final enactment.
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The association is Minnesota's reinsurance entity to administer the state-based reinsurance
program referred to as the Minnesota premium security plan. The Minnesota premium
security plan shall be designed to protect consumers by mitigating the impact of high-risk
individuals on rates in the individual market.
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(a) The board shall propose
to the commissioner the Minnesota premium security plan payment parameters for the next
plan year by January 15 of the calendar year prior to the applicable plan year. In developing
the proposed payment parameters, the board shall consider the anticipated impact on
premiums. The commissioner shall approve or reject the payment parameters no later than
14 calendar days following the board proposal. In developing the proposed payment
parameters for plan year 2019 and after, the board may develop methods to account for
variations in costs within the Minnesota premium security plan.
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(b) For plan year 2018, the Minnesota premium security plan parameters, including the
attachment point, reinsurance cap, and coinsurance rate, shall be established within the
parameters of the appropriated funds as follows:
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(1) the attachment point is set at $45,000;
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(2) the reinsurance cap is set at $250,000; and
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(3) the coinsurance rate is set at 80 percent.
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(c) The board must apply the Minnesota premium security plan's parameters established
under paragraph (a) or (b), as applicable, when calculating reinsurance payments.
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(a) Each Minnesota
premium security plan payment must be calculated with respect to an eligible health carrier's
incurred claims costs for an individual enrollee's covered benefits in the applicable plan
year. If such claims costs do not exceed the attachment point, payment will be zero dollars.
If such claims costs exceed the attachment point, payment will be calculated as the product
of the coinsurance rate multiplied by the lesser of:
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(1) such claims costs minus the attachment point; or
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(2) the reinsurance cap minus the attachment point.
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(b) The board must ensure that the payments made to eligible health carriers must not
exceed the eligible health carrier's total paid amount for any eligible claim. For purposes
of this paragraph, "total paid amount of an eligible claim" means the amount paid by the
eligible health carrier based upon the allowed amount less any deductible, coinsurance, or
co-payment, as of the time the data is submitted or made accessible under subdivision 4,
paragraph (b), clause (1).
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(a) An eligible
health carrier may make a request for payment when the eligible health carrier's claims costs
for an enrollee meet the criteria for payment under subdivision 3 and the requirements of
this subdivision.
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(b)(1) To be eligible for Minnesota premium security plan payments, an eligible health
carrier must provide to the association access to the data within the dedicated data
environment established by the eligible health carrier under the federal Risk Adjustment
Program. Eligible health carriers must submit an attestation to the board asserting compliance
with the dedicated data environments, data requirements, establishment and usage of masked
enrollee identification numbers, and data submission deadlines; and
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(2) an eligible health carrier must provide the required access under clause (1) for the
applicable plan year by April 30 of the year following the end of the applicable plan year.
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(c) An eligible health carrier must make requests for payment according to the
requirements established by the board.
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(d) An eligible health carrier must maintain documents and records, whether paper,
electronic, or in other media, sufficient to substantiate the requests for Minnesota premium
security plan payments made pursuant to this section for a period of at least ten years and
must make those documents and records available upon request from the state or its designee
for purposes of verification, investigation, audit, or other review of Minnesota premium
security plan payment requests.
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(e) The association or its designee may audit an eligible health carrier to assess the health
carrier's compliance with the requirements of this section. The eligible health carrier must
ensure that its contractors, subcontractors, or agents cooperate with any audit under this
section. If an audit results in a proposed finding of material weakness or significant deficiency
with respect to compliance with any requirement under this section, the eligible health
carrier may provide a response to the draft audit report within 30 calendar days. Within 30
calendar days of the issuance of the final audit report, the eligible health carrier must complete
the following:
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(1) provide a written corrective action plan to the association for approval if the final
audit results in a finding of material weakness or significant deficiency with respect to
compliance with any requirement under this section;
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(2) implement the approved plan; and
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(3) provide to the association written documentation of the corrective actions once taken.
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(a) For each
applicable plan year, the association must notify eligible health carriers annually of Minnesota
premium security plan payments, if applicable, to be made for the applicable plan year no
later than June 30 of the year following the applicable plan year.
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(b) An eligible health carrier may follow the appeals procedure under section 62E.10,
subdivision 2a.
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(c) For each applicable plan year, the board must provide to each eligible health carrier
the calculation of total Minnesota premium security plan payment requests on a quarterly
basis during the applicable plan year.
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(a) The
association must:
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(1) collect or access data required to determine Minnesota premium security plan
payments from an eligible health carrier according to the data requirements under subdivision
5; and
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(2) make Minnesota premium security plan payments to the eligible health carrier after
receiving a valid claim for payment from that eligible health carrier by August 15 of the
year following the applicable plan year.
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(b) If funding under section 62E.25 is not sufficient to fund the premium security plan
at the payment parameters, the board must, in consultation with the commissioner and the
commissioner of management and budget, adopt revised payment parameters within the
available funding.
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Government data of the association under this section are private data
on individuals or nonpublic data as defined in section 13.02, subdivision 9 or 12.
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This section is effective the day following final enactment.
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For each plan year, the board must ensure
that it keeps an accounting of:
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(1) all claims for Minnesota premium security plan payments received from eligible
health carriers;
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(2) all Minnesota premium security plan payments made to eligible health carriers; and
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(3) all administrative expenses incurred for the Minnesota premium security plan.
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The board must submit to the commissioner and make public
a report on the Minnesota premium security plan operations for each plan year by November
1 following the applicable year or 60 calendar days following the last disbursement of
Minnesota premium security plan payments for the applicable plan year.
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The Minnesota premium security plan is subject to audit by the
legislative auditor. The board must ensure that its contractors, subcontractors, or agents
cooperate with the audit.
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The board must engage an independent certified public
accountant firm licensed under chapter 326A to perform a financial audit and a programmatic
audit analyzing performance to determine whether the program is effectively accomplishing
its goals for each plan year of the Minnesota premium security plan in accordance with
generally accepted auditing standards. The board must:
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(1) provide to the commissioner the results of the audit, in the manner and time frame
to be specified by the commissioner;
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(2) identify to the commissioner any material weakness or significant deficiency identified
in the audit, and address in writing to the commissioner how the board intends to correct
any identified material weakness or significant deficiency; and
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(3) make public the results of the audit, including any material weakness or significant
deficiency and how the board intends to correct the material weakness or significant
deficiency.
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If an audit results in a finding of material weakness
or significant deficiency with respect to compliance with any requirement under this section,
the commissioner of commerce must ensure the board:
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(1) within 60 calendar days of the issuance of the final audit report, provides a written
corrective action plan to the commissioner for approval;
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(2) implements the approved plan; and
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(3) provides to the commissioner written documentation of the corrective actions once
taken.
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(a) The reinsurance fund account is created in the special revenue fund of the state
treasury. Funds in the account are appropriated to the commissioner of commerce for grants
to the Minnesota Comprehensive Health Association for the Minnesota premium security
plan.
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(b) The association shall pay claims for the Minnesota premium security plan using the
following sources, in the following order:
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(1) any federal funds available;
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(2) excess funds of the association; and
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(3) any state funds available.
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This section is effective the day following final enactment.
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(a) The commissioner of
commerce shall apply to the United States Secretary of Health and Human Services under
United States Code, title 42, section 18052, for a waiver of applicable provisions of the
Affordable Care Act with respect to health insurance coverage in the state for a plan year
beginning on or after January 1, 2018, for the sole purpose of implementing the Minnesota
premium security plan in a manner that maximizes federal funding for Minnesota.
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(b) The waiver application submitted under paragraph (a) must request that:
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(1) the state receive federal funding in an amount equal to the amount the federal
government will not have to pay in advance premium tax credits under United States Code,
title 29, section 36B, to Minnesota residents due to reinsurance payments made by the
Minnesota Comprehensive Health Association;
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(2) the state receive federal funding in an amount equal to the amount the federal
government has not paid and continues not to pay in advance premium tax credits under
United States Code, title 29, section 36B, to Minnesota residents who are eligible for advance
premium tax credits under United States Code, title 29, section 36B, but have chosen not
to receive the credits; and
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(3) federal funding for MinnesotaCare, as Minnesota's basic health program, continues
to be based on the market premium and cost-sharing levels before the impact of reinsurance
under the Minnesota premium security plan established under Minnesota Statutes, section
62E.23.
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(c) The commissioner shall implement a state plan for meeting the waiver requirements
in a manner consistent with state and federal law, and as approved by the United States
Secretary of Health and Human Services. Any federal funds received by the state due to
the waiver application shall be deposited in the reinsurance fund account created under
Minnesota Statutes, section 62E.25.
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In developing the waiver application, the commissioner shall
consult with the Department of Human Services and MNsure.
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The commissioner shall submit the waiver application
to the appropriate federal agency on or before July 5, 2017. The commissioner shall follow
all application instructions. The commissioner shall complete the draft waiver application
for public review and comment by June 1, 2017.
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$155,000 in fiscal year 2018 is appropriated from the general
fund to the commissioner of commerce to prepare and submit a state innovation waiver.
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This section is effective the day following final enactment.
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The commissioner of management and budget shall transfer $180,000,000 in fiscal year
2018 and $180,000,000 in fiscal year 2019 from the health care access fund to the reinsurance
fund account in the special revenue fund. This is a onetime transfer.
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