1.1 	A bill for an act
1.2 	relating to workers' compensation; adopting recommendations of the 2020 Workers' 
1.3 	Compensation Advisory Council;amending Minnesota Statutes 2018, sections 
1.4 	79A.02, subdivision 4; 79A.04, subdivision 2; 79A.06, subdivision 5; 79A.22, 
1.5 	subdivision 13; 79A.24, subdivision 2; 176.011, subdivision 15; 176.102, 
1.6 	subdivision 10; 176.111, subdivision 22; 176.135, subdivision 1; 176.185, by 
1.7 	adding a subdivision; 176.223; Minnesota Statutes 2019 Supplement, sections 
1.8 	176.181, subdivision 2; 176.231, subdivisions 5, 6, 9, 9a; 176.2611, subdivision 
1.9 	5; 176.2612, subdivisions 1, 3; 176.275, subdivision 2; 176.285, subdivision 1; 
1.10 	repealing Minnesota Statutes 2018, section 176.181, subdivision 6.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2018, section 79A.02, subdivision 4, is amended to read:
1.13 		Subd. 4.Recommendations to commissioner regarding revocation. After each fifth 
1.14 	anniversary from the date each individual and group self-insurer becomes certified to 
1.15 	self-insure, the committee shall review all relevant financial data filed with the Department 
1.16 	of Commerce that is otherwise available to the public and make a recommendation to the 
1.17 	commissioner about whether each self-insurer's certificate should be revoked. For group 
1.18 	self-insurers who have been in existence for five years or more and have been granted 
1.19 	renewal authority, a level of funding in the common claims fund must be maintained at not 
1.20 	less than the greater of either: (1) one year's claim losses paid in the most recent year; or 
1.21 	(2) one-third of the security deposit posted with the Department of Commerce according 
1.22 	to section 79A.04, subdivision 2. This provision supersedes any requirements under section 
1.23 	79A.03, subdivision 10, and Minnesota Rules, part 2780.5000.

2.1 	Sec. 2. Minnesota Statutes 2018, section 79A.04, subdivision 2, is amended to read:
2.2 		Subd. 2.Minimum deposit. The minimum deposit is 110 percent of the private 
2.3 	self-insurer's estimated future liability. The deposit may be used to secure payment of all 
2.4 	administrative and legal costs, and unpaid assessments required by section 79A.12, 
2.5 	subdivision 2, relating to or arising from its or other employers' self-insuring. As used in 
2.6 	this section, "private self-insurer" includes both current and former members of the 
2.7 	self-insurers' security fund; and "private self-insurers' estimated future liability" means the 
2.8 	private self-insurers' total of estimated future liability as determined by an Associate or 
2.9 	Fellow of the Casualty Actuarial Society every year for group member private self-insurers 
2.10 	and, for a nongroup member private self-insurer's authority to self-insure, every year for 
2.11 	the first five years. After the first five years, the nongroup member's total shall be as 
2.12 	determined by an Associate or Fellow of the Casualty Actuarial Society at least every two 
2.13 	years, and each such actuarial study shall include a projection of future losses during the 
2.14 	period until the next scheduled actuarial study, less payments anticipated to be made during 
2.15 	that time.
2.16 	All data and information furnished by a private self-insurer to an Associate or Fellow 
2.17 	of the Casualty Actuarial Society for purposes of determining private self-insurers' estimated 
2.18 	future liability must be certified by an officer of the private self-insurer to be true and correct 
2.19 	with respect to payroll and paid losses, and must be certified, upon information and belief, 
2.20 	to be true and correct with respect to reserves. The certification must be made by sworn 
2.21 	affidavit. In addition to any other remedies provided by law, the certification of false data 
2.22 	or information pursuant to this subdivision may result in a fine imposed by the commissioner 
2.23 	of commerce on the private self-insurer up to the amount of $5,000, and termination of the 
2.24 	private self-insurers' authority to self-insure. The determination of private self-insurers' 
2.25 	estimated future liability by an Associate or Fellow of the Casualty Actuarial Society shall 
2.26 	be conducted in accordance with standards and principles for establishing loss and loss 
2.27 	adjustment expense reserves by the Actuarial Standards Board, an affiliate of the American 
2.28 	Academy of Actuaries. The commissioner may reject an actuarial report that does not meet 
2.29 	the standards and principles of the Actuarial Standards Board, and may further disqualify 
2.30 	the actuary who prepared the report from submitting any future actuarial reports pursuant 
2.31 	to this chapter. Within 30 days after the actuary has been served by the commissioner with 
2.32 	a notice of disqualification, an actuary who is aggrieved by the disqualification may request 
2.33 	a hearing to be conducted in accordance with chapter 14. Based on a review of the actuarial 
2.34 	report, the commissioner of commerce may require an increase in the minimum security 
2.35 	deposit in an amount the commissioner considers sufficient.
3.1 	In addition, the Minnesota self-insurers' security fund may, at its sole discretion and 
3.2 	cost, undertake an independent actuarial review or an actuarial study of a private self-insurer's 
3.3 	estimated future liability as defined in this subdivision. The review or study must be 
3.4 	conducted by an associate or fellow of the Casualty Actuarial Society. The actuary has the 
3.5 	right to receive and review data and information of the self-insurer necessary for the actuary 
3.6 	to complete its review or study. A copy of this report must be filed with the commissioner 
3.7 	and a copy must be furnished to the self-insurer.
3.8 	Estimated future liability is determined by first taking the total amount of the self-insured's 
3.9 	future liability of workers' compensation claims and then deducting the total amount which 
3.10 	is estimated to be returned to the self-insurer from any specific excess insurance coverage, 
3.11 	aggregate excess insurance coverage, and any supplementary benefits or second injury 
3.12 	benefits which are estimated to be reimbursed by the special compensation fund. However, 
3.13 	in the determination of estimated future liability, the actuary for the self-insurer shall not 
3.14 	take a credit for any excess insurance or reinsurance which is provided by a captive insurance 
3.15 	company which is wholly owned by the self-insurer. The opinion may discount liabilities 
3.16 	to present value at a rate up to the lesser of four percent per annum, or the average of the 
3.17 	applicable federal midterm rates, based on annual compounding, as published by the United 
3.18 	States Secretary of the Treasury under United States Code, title 26, section 1274(d), for the 
3.19 	12 months preceding the valuation date of the report. Supplementary benefits or second 
3.20 	injury benefits will not be reimbursed by the special compensation fund unless the special 
3.21 	compensation fund assessment pursuant to section 176.129 is paid and the reports required 
3.22 	thereunder are filed with the special compensation fund. In the case of surety bonds, bonds 
3.23 	shall secure administrative and legal costs in addition to the liability for payment of 
3.24 	compensation reflected on the face of the bond. In no event shall the security be less than 
3.25 	the last retention limit selected by the self-insurer with the Workers' Compensation 
3.26 	Reinsurance Association, provided that the commissioner may allow former members to 
3.27 	post less than the Workers' Compensation Reinsurance Association retention level if that 
3.28 	amount is adequate to secure payment of the self-insurers' estimated future liability, as 
3.29 	defined in this subdivision, including payment of claims, administrative and legal costs, 
3.30 	and unpaid assessments required by section 79A.12, subdivision 2. The posting or depositing 
3.31 	of security pursuant to this section shall release all previously posted or deposited security 
3.32 	from any obligations under the posting or depositing and any surety bond so released shall 
3.33 	be returned to the surety. Any other security shall be returned to the depositor or the person 
3.34 	posting the bond.
4.1 	As a condition for the granting or renewing of a certificate to self-insure, the 
4.2 	commissioner may require a private self-insurer to furnish any additional security the 
4.3 	commissioner considers sufficient to insure payment of all claims under chapter 176.

4.4 	EFFECTIVE DATE. This section is effective January 1, 2021, and applies to actuarial 
4.5 	opinions with a valuation date on or after that date.

4.6 	Sec. 3. Minnesota Statutes 2018, section 79A.06, subdivision 5, is amended to read:
4.7 		Subd. 5.Private employers who have ceased to be self-insured. (a) Private employers 
4.8 	who have ceased to be private self-insurers shall discharge their continuing obligations to 
4.9 	secure the payment of compensation which is accrued during the period of self-insurance, 
4.10 	for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance with all of the 
4.11 	following obligations of current certificate holders:
4.12 	(1) Filing reports with the commissioner to carry out the requirements of this chapter;
4.13 	(2) Depositing and maintaining a security deposit for accrued liability for the payment 
4.14 	of any compensation which may become due, pursuant to chapter 176. However, if a private 
4.15 	employer who has ceased to be a private self-insurer purchases an insurance policy from 
4.16 	an insurer authorized to transact workers' compensation insurance in this state which provides 
4.17 	coverage of all claims for compensation arising out of injuries occurring during the entire 
4.18 	period the employer was self-insured, whether or not reported during that period, the policy 
4.19 	will:
4.20 	(i) discharge the obligation of the employer to maintain a security deposit for the payment 
4.21 	of the claims covered under the policy;
4.22 	(ii) discharge any obligation which the self-insurers' security fund has or may have for 
4.23 	payment of all claims for compensation arising out of injuries occurring during the period 
4.24 	the employer was self-insured, whether or not reported during that period; and
4.25 	(iii) discharge the obligations of the employer to pay any future assessments to the 
4.26 	self-insurers' security fund; provided, however, that a member that terminates its 
4.27 	self-insurance authority on or after August 1, 2010, shall be liable for an assessment under 
4.28 	paragraph (b). The actuarial opinion shall not take into consideration any transfer of the 
4.29 	member's liabilities to an insurance policy if the member obtains a replacement policy as 
4.30 	described in this subdivision within one year of the date of terminating its self-insurance.
4.31 	A private employer who has ceased to be a private self-insurer may instead buy an 
4.32 	insurance policy described above, except that it covers only a portion of the period of time 
4.33 	during which the private employer was self-insured; purchase of such a policy discharges 
5.1 	any obligation that the self-insurers' security fund has or may have for payment of all claims 
5.2 	for compensation arising out of injuries occurring during the period for which the policy 
5.3 	provides coverage, whether or not reported during that period.
5.4 	A policy described in this clause may not be issued by an insurer unless it has previously 
5.5 	been approved as to the insurer, form, and substance by the commissioner; and
5.6 	(3) Paying within 30 days all assessments of which notice is sent by the security fund, 
5.7 	for a period of seven years from the last day its certificate of self-insurance was in effect. 
5.8 	Thereafter, the private employer who has ceased to be a private self-insurer may either: (i) 
5.9 	continue to pay within 30 days all assessments of which notice is sent by the security fund 
5.10 	until it has no incurred liabilities for the payment of compensation arising out of injuries 
5.11 	during the period of self-insurance; or (ii) pay the security fund a cash payment equal to 
5.12 	four percent of the net present value of all remaining incurred liabilities for the payment of 
5.13 	compensation under sections 176.101 and 176.111 as certified by a member of the casualty 
5.14 	actuarial society. Assessments shall be based on the benefits paid by the employer during 
5.15 	the calendar year immediately preceding the calendar year in which the employer's right to 
5.16 	self-insure is terminated or withdrawn.
5.17 	(b) With respect to a self-insurer who terminates its self-insurance authority after April 
5.18 	1, 1998, that member shall obtain and file with the commissioner an actuarial opinion of 
5.19 	its outstanding liabilities as determined by an associate or fellow of the Casualty Actuarial 
5.20 	Society within 120 days of the date of its termination. If the actuarial opinion is not timely 
5.21 	filed, the self-insurers' security fund may, at its discretion, engage the services of an actuary 
5.22 	for this purpose. The expense of this actuarial opinion must be assessed against and be the 
5.23 	obligation of the self-insurer. The commissioner may issue a certificate of default against 
5.24 	the self-insurer for failure to pay this assessment to the self-insurers' security fund as provided 
5.25 	by section 79A.04, subdivision 9. The opinion may discount liabilities up to four percent 
5.26 	per annum to net present value actuarial opinion must not apply a present value discount in 
5.27 	computing future liabilities. Within 60 days after notification of approval of the actuarial 
5.28 	opinion by the commissioner, the exiting member shall pay to the security fund an amount 
5.29 	determined as follows: a percentage will be determined by dividing the security fund's 
5.30 	members' deficit as determined by the most recent audited financial statement of the security 
5.31 	fund by the total actuarial liability of all members of the security fund as calculated by the 
5.32 	commissioner within 30 days of the exit date of the member. This quotient will then be 
5.33 	multiplied by that exiting member's total future liability as contained in the exiting member's 
5.34 	actuarial opinion. If the payment is not made within 30 days of the notification, interest on 
6.1 	it at the rate prescribed by section 549.09 must be paid by the former member to the security 
6.2 	fund until the principal amount is paid in full.
6.3 	(c) A former member who terminated its self-insurance authority before April 1, 1998, 
6.4 	who has paid assessments to the self-insurers' security fund for seven years, and whose 
6.5 	annualized assessment is $15,000 or less, may buy out of its outstanding liabilities to the 
6.6 	self-insurers' security fund by an amount calculated as follows: 1.35 multiplied by the 
6.7 	indemnity case reserves at the time of the calculation, multiplied by the then current 
6.8 	self-insurers' security fund annualized assessment rate.
6.9 	(d) A former member who terminated its self-insurance authority before April 1, 1998, 
6.10 	and who is paying assessments within the first seven years after ceasing to be self-insured 
6.11 	under paragraph (a), clause (3), may elect to buy out its outstanding liabilities to the 
6.12 	self-insurers' security fund by obtaining and filing with the commissioner an actuarial 
6.13 	opinion of its outstanding liabilities as determined by an associate or fellow of the Casualty 
6.14 	Actuarial Society. The opinion must separate liability for indemnity benefits from liability 
6.15 	for medical benefits, and must discount each up to four percent per annum to net present 
6.16 	value. Within 30 days after notification of approval of the actuarial opinion by the 
6.17 	commissioner, the member shall pay to the security fund an amount equal to 120 percent 
6.18 	of that discounted outstanding indemnity liability, multiplied by the greater of the average 
6.19 	annualized assessment rate since inception of the security fund or the annual rate at the time 
6.20 	of the most recent assessment.
6.21 	(e) A former member who has paid the security fund according to paragraphs (b) to (d) 
6.22 	and subsequently receives authority from the commissioner to again self-insure shall be 
6.23 	assessed under section 79A.12, subdivision 2, only on indemnity benefits paid on injuries 
6.24 	that occurred after the former member received authority to self-insure again; provided that 
6.25 	the member furnishes verified data regarding those benefits to the security fund.
6.26 	(f) In addition to proceedings to establish liabilities and penalties otherwise provided, a 
6.27 	failure to comply may be the subject of a proceeding before the commissioner. An appeal 
6.28 	from the commissioner's determination may be taken pursuant to the contested case 
6.29 	procedures of chapter 14 within 30 days of the commissioner's written determination.
6.30 	Any current or past member of the self-insurers' security fund is subject to service of 
6.31 	process on any claim arising out of chapter 176 or this chapter in the manner provided by 
6.32 	section 5.25, or as otherwise provided by law. The issuance of a certificate to self-insure to 
6.33 	the private self-insured employer shall be deemed to be the agreement that any process 
7.1 	which is served in accordance with this section shall be of the same legal force and effect 
7.2 	as if served personally within this state.

7.3 	Sec. 4. Minnesota Statutes 2018, section 79A.22, subdivision 13, is amended to read:
7.4 		Subd. 13.Common claims fund; five-year exception. For commercial group 
7.5 	self-insurers who have been in existence for five years or more, a level of funding in the 
7.6 	common claims fund must be maintained at not less than the greater of either:
7.7 	(1) one year's claim losses paid in the most recent year; or
7.8 	(2) one-third of the security deposit posted with the Department of Commerce according 
7.9 	to section 79A.24, subdivision 2.
7.10 	This provision supersedes any requirements under subdivisions 11 and 12 and Minnesota 
7.11 	Rules, part 2780.5000.

7.12 	Sec. 5. Minnesota Statutes 2018, section 79A.24, subdivision 2, is amended to read:
7.13 		Subd. 2.Minimum deposit. The minimum deposit is 125 percent of the commercial 
7.14 	self-insurance group's estimated future liability for the payment of compensation as 
7.15 	determined by an actuary. If the group has been in existence for three years, this minimum 
7.16 	deposit shall be 110 percent of the commercial self-insurance group's estimated future 
7.17 	liability for the payment of workers' compensation as determined by an actuary. Each 
7.18 	actuarial study shall include a projection of future losses during a one-year period until the 
7.19 	next scheduled actuarial study, less payments anticipated to be made during that time. The 
7.20 	opinion may discount liabilities to present value at a rate up to the lesser of four percent per 
7.21 	annum, or the average of the applicable federal midterm rates, based on annual compounding, 
7.22 	as published by the United States Secretary of the Treasury under United States Code, title 
7.23 	26, section 1274(d), for the 12 months preceding the valuation date of the report. Deduction 
7.24 	should be made for the total amount which is estimated to be returned to the commercial 
7.25 	self-insurance group from any specific excess insurance coverage, aggregate excess insurance 
7.26 	coverage, and any supplementary benefits which are estimated to be reimbursed by the 
7.27 	special compensation fund. Supplementary benefits will not be reimbursed by the special 
7.28 	compensation fund unless the special compensation fund assessment pursuant to section 
7.29 	176.129 is paid and the required reports are filed with the special compensation fund. In 
7.30 	the case of surety bonds, bonds shall secure administrative and legal costs in addition to the 
7.31 	liability for payment of compensation reflected on the face of the bond. In no event shall 
7.32 	the security be less than the group's selected retention limit of the Workers' Compensation 
7.33 	Reinsurance Association. The posting or depositing of security under this section shall 
8.1 	release all previously posted or deposited security from any obligations under the posting 
8.2 	or depositing and any surety bond so released shall be returned to the surety. Any other 
8.3 	security shall be returned to the depositor or the person posting the bond.

8.4 	EFFECTIVE DATE. This section is effective January 1, 2021, and applies to actuarial 
8.5 	opinions with a valuation date on or after that date.

8.6 	Sec. 6. Minnesota Statutes 2018, section 176.011, subdivision 15, is amended to read:
8.7 		Subd. 15.Occupational disease. (a) "Occupational disease" means a mental impairment 
8.8 	as defined in paragraph (d) or physical disease arising out of and in the course of employment 
8.9 	peculiar to the occupation in which the employee is engaged and due to causes in excess of 
8.10 	the hazards ordinary of employment and shall include undulant fever. Physical stimulus 
8.11 	resulting in mental injury and mental stimulus resulting in physical injury shall remain 
8.12 	compensable. Mental impairment is not considered a disease if it results from a disciplinary 
8.13 	action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, 
8.14 	or similar action taken in good faith by the employer. Ordinary diseases of life to which the 
8.15 	general public is equally exposed outside of employment are not compensable, except where 
8.16 	the diseases follow as an incident of an occupational disease, or where the exposure peculiar 
8.17 	to the occupation makes the disease an occupational disease hazard. A disease arises out of 
8.18 	the employment only if there be a direct causal connection between the conditions under 
8.19 	which the work is performed and if the occupational disease follows as a natural incident 
8.20 	of the work as a result of the exposure occasioned by the nature of the employment. An 
8.21 	employer is not liable for compensation for any occupational disease which cannot be traced 
8.22 	to the employment as a direct and proximate cause and is not recognized as a hazard 
8.23 	characteristic of and peculiar to the trade, occupation, process, or employment or which 
8.24 	results from a hazard to which the worker would have been equally exposed outside of the 
8.25 	employment.
8.26 	(b) If immediately preceding the date of disablement or death, an employee was employed 
8.27 	on active duty with an organized fire or police department of any municipality, as a member 
8.28 	of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest 
8.29 	officer by the Department of Natural Resources, state correctional officer or security 
8.30 	counselor employed by the state or a political subdivision at a corrections, detention, or 
8.31 	secure treatment facility, or sheriff or full-time deputy sheriff of any county, and the disease 
8.32 	is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of 
8.33 	employment such employee was given a thorough physical examination by a licensed doctor 
8.34 	of medicine, and a written report thereof has been made and filed with such organized fire 
9.1 	or police department, with the Minnesota State Patrol, conservation officer service, state 
9.2 	crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's 
9.3 	department of any county, which examination and report negatived any evidence of 
9.4 	myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an 
9.5 	occupational disease and shall be presumed to have been due to the nature of employment. 
9.6 	If immediately preceding the date of disablement or death, any individual who by nature 
9.7 	of their position provides emergency medical care, or an employee who was employed as 
9.8 	a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic; state
9.9 	correctional officer or security counselor employed by the state or a political subdivision 
9.10 	at a corrections, detention, or secure treatment facility; emergency medical technician; or 
9.11 	licensed nurse providing emergency medical care; and who contracts an infectious or 
9.12 	communicable disease to which the employee was exposed in the course of employment 
9.13 	outside of a hospital, then the disease is presumptively an occupational disease and shall 
9.14 	be presumed to have been due to the nature of employment and the presumption may be 
9.15 	rebutted by substantial factors brought by the employer or insurer. Any substantial factors 
9.16 	which shall be used to rebut this presumption and which are known to the employer or 
9.17 	insurer at the time of the denial of liability shall be communicated to the employee on the 
9.18 	denial of liability.
9.19 	(c) A firefighter on active duty with an organized fire department who is unable to 
9.20 	perform duties in the department by reason of a disabling cancer of a type caused by exposure 
9.21 	to heat, radiation, or a known or suspected carcinogen, as defined by the International 
9.22 	Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling 
9.23 	cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter 
9.24 	who enters the service after August 1, 1988, is examined by a physician prior to being hired 
9.25 	and the examination discloses the existence of a cancer of a type described in this paragraph, 
9.26 	the firefighter is not entitled to the presumption unless a subsequent medical determination 
9.27 	is made that the firefighter no longer has the cancer.
9.28 	(d) For the purposes of this chapter, "mental impairment" means a diagnosis of 
9.29 	post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes 
9.30 	of this chapter, "post-traumatic stress disorder" means the condition as described in the most 
9.31 	recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by 
9.32 	the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or 
9.33 	more compensable mental impairment claims arising out of a single event or occurrence 
9.34 	shall constitute a single loss occurrence.
10.1 	(e) If, preceding the date of disablement or death, an employee who was employed on 
10.2 	active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical 
10.3 	technician; a licensed nurse employed to provide emergency medical services outside of a 
10.4 	medical facility; a public safety dispatcher; an a correctional officer or security counselor
10.5 	employed by the state or a political subdivision at a corrections, detention, or secure treatment 
10.6 	facility; a sheriff or full-time deputy sheriff of any county; or a member of the Minnesota 
10.7 	State Patrol is diagnosed with a mental impairment as defined in paragraph (d), and had not 
10.8 	been diagnosed with the mental impairment previously, then the mental impairment is 
10.9 	presumptively an occupational disease and shall be presumed to have been due to the nature 
10.10 	of employment. This presumption may be rebutted by substantial factors brought by the 
10.11 	employer or insurer. Any substantial factors that are used to rebut this presumption and that 
10.12 	are known to the employer or insurer at the time of the denial of liability shall be 
10.13 	communicated to the employee on the denial of liability. The mental impairment is not 
10.14 	considered an occupational disease if it results from a disciplinary action, work evaluation, 
10.15 	job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken 
10.16 	in good faith by the employer.

10.17 	Sec. 7. Minnesota Statutes 2018, section 176.102, subdivision 10, is amended to read:
10.18 		Subd. 10.Rehabilitation; consultants, interns, and vendors. (a) The commissioner 
10.19 	shall approve rehabilitation consultants who may propose and implement plans if they satisfy 
10.20 	rules adopted by the commissioner for rehabilitation consultants. A consultant may be an 
10.21 	individual or public or private entity, and except for rehabilitation services, Department of 
10.22 	Employment and Economic Development, a consultant may not be a vendor or the agent 
10.23 	of a vendor of rehabilitation services. The commissioner shall also approve rehabilitation 
10.24 	vendors if they satisfy rules adopted by the commissioner. An employer or insurer must be 
10.25 	approved by the commissioner as a qualified rehabilitation firm and create an account in 
10.26 	CAMPUS as a firm to employ a qualified rehabilitation consultant to provide rehabilitation 
10.27 	services to an employee under this section.
10.28 	(b) An applicant to be a qualified rehabilitation consultant intern must file in CAMPUS 
10.29 	a plan of supervision prescribed by the commissioner and signed by the supervisor at the 
10.30 	time the application is filed. The supervisor must be employed as a qualified rehabilitation 
10.31 	consultant by the same firm as the intern applicant and meet experience requirements 
10.32 	prescribed in rule by the commissioner. In the plan of supervision, the supervisor must agree 
10.33 	to verify that the intern complies with all rehabilitation rules and statutes during the 
10.34 	internship. All documents related to an employee's rehabilitation prepared by the intern that 
10.35 	are filed with the commissioner must be reviewed by the supervisor before they are filed. 
11.1 	The supervisor need not sign the intern's written work, but the intern must verify that the 
11.2 	supervisor has reviewed the document at the time the document is filed with the commissioner 
11.3 	in CAMPUS. An intern must file a new signed plan of supervision if there is a change of 
11.4 	supervisors.
11.5 	(b) (c) An individual qualified rehabilitation consultant registered by the commissioner 
11.6 	must not provide any medical, rehabilitation, or disability case management services related 
11.7 	to an injury that is compensable under this chapter when these services are part of the same 
11.8 	claim, unless the case management services are part of an approved rehabilitation plan.

11.9 	EFFECTIVE DATE. This section is effective August 31, 2020.

11.10 	Sec. 8. Minnesota Statutes 2018, section 176.111, subdivision 22, is amended to read:
11.11 		Subd. 22.Payments to estate; death of employee. (a) In every case of death of an 
11.12 	employee resulting from personal injury arising out of and in the course of employment 
11.13 	where there are no persons entitled to monetary benefits of dependency compensation, the 
11.14 	employer shall pay to the estate of the deceased employee the sum of $60,000. This payment 
11.15 	must be made within 14 days of notice to the insurer of one of the following:
11.16 	(1) the appointment of a personal representative of the estate; or
11.17 	(2) if there is no personal representative, presentation of a certified death record and an 
11.18 	affidavit of collection of personal property according to the requirements of section 
11.19 	524.3-1201 and 524.3-1202.
11.20 	(b) Within 14 days of notice to the insurer of the death of the employee, the insurer must 
11.21 	send notice to the estate, at the deceased employee's last known address, that this payment 
11.22 	will be made after a personal representative has been appointed by a probate court receipt 
11.23 	of the documentation in paragraph (a), clause (1) or (2).

11.24 	EFFECTIVE DATE. This section is effective August 1, 2020.

11.25 	Sec. 9. Minnesota Statutes 2018, section 176.135, subdivision 1, is amended to read:
11.26 		Subdivision 1.Medical, psychological, chiropractic, podiatric, surgical, hospital. (a) 
11.27 	The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and 
11.28 	hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and 
11.29 	surgical supplies, crutches and apparatus, including artificial members, or, at the option of 
11.30 	the employee, if the employer has not filed notice as hereinafter provided, Christian Science 
11.31 	treatment in lieu of medical treatment, chiropractic medicine and medical supplies, as may 
11.32 	reasonably be required at the time of the injury and any time thereafter to cure and relieve 
12.1 	from the effects of the injury. This treatment shall include treatments necessary to physical 
12.2 	rehabilitation.
12.3 	(b) The employer shall pay for the reasonable value of nursing services provided by a 
12.4 	member of the employee's family in cases of permanent total disability.
12.5 	(c) Exposure to rabies is an injury and an employer shall furnish preventative treatment 
12.6 	to employees exposed to rabies.
12.7 	(d) The employer shall furnish replacement or repair for artificial members, glasses or 
12.8 	spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial teeth, 
12.9 	hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising out 
12.10 	of and in the course of the employment. For the purpose of this paragraph, "injury" includes 
12.11 	damage wholly or in part to an artificial member. In case of the employer's inability or 
12.12 	refusal seasonably to provide the items required to be provided under this paragraph, the 
12.13 	employer is liable for the reasonable expense incurred by or on behalf of the employee in 
12.14 	providing the same, including costs of copies of any medical records or medical reports that 
12.15 	are in existence, obtained from health care providers, and that directly relate to the items 
12.16 	for which payment is sought under this chapter, limited to the charges allowed by subdivision 
12.17 	7, and attorney fees incurred by the employee.
12.18 	(e) Both the commissioner and the compensation judges have authority to make 
12.19 	determinations under this section in accordance with sections 176.106 and 176.305.
12.20 	(f) An employer may require that the treatment and supplies required to be provided by 
12.21 	an employer by this section be received in whole or in part from a managed care plan certified 
12.22 	under section 176.1351 except as otherwise provided by that section.
12.23 	(g) An employer may designate a pharmacy or network of pharmacies that employees 
12.24 	must use to obtain outpatient prescription and nonprescription medications. An employee 
12.25 	is not required to obtain outpatient medications at a designated pharmacy unless the pharmacy 
12.26 	is located within 15 miles of the employee's place of residence.
12.27 	(h) Notwithstanding any fees established by rule adopted under section 176.136, an 
12.28 	employer may contract for the cost of medication provided to employees. All requests for 
12.29 	reimbursement from the special compensation fund formerly codified under section 176.131 
12.30 	for medication provided to an employee must be accompanied by the dispensing pharmacy's 
12.31 	invoice showing its usual and customary charge for the medication at the time it was 
12.32 	dispensed to the employee. The special compensation fund shall not reimburse any amount 
12.33 	that exceeds the maximum amount payable for the medication under Minnesota Rules, part 
13.1 	5221.4070, subparts 3 and 4, notwithstanding any contract under Minnesota Rules, part 
13.2 	5221.4070, subpart 5, that provides for a different reimbursement amount.

13.3 	Sec. 10. Minnesota Statutes 2019 Supplement, section 176.181, subdivision 2, is amended 
13.4 	to read:
13.5 		Subd. 2.Compulsory insurance; self-insurers. (a) Every employer, except the state 
13.6 	and its municipal subdivisions, liable under this chapter to pay compensation shall insure 
13.7 	payment of compensation with some insurance carrier authorized to insure workers' 
13.8 	compensation liability in this state, or obtain a written order from the commissioner of 
13.9 	commerce exempting the employer from insuring liability for compensation and permitting 
13.10 	self-insurance of the liability. The terms, conditions and requirements governing 
13.11 	self-insurance shall be established by the commissioner pursuant to chapter 14. The 
13.12 	commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting 
13.13 	two or more employers, whether or not they are in the same industry, to enter into agreements 
13.14 	to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers. 
13.15 	With the approval of the commissioner of commerce, any employer may exclude medical, 
13.16 	chiropractic and hospital benefits as required by this chapter. An employer conducting 
13.17 	distinct operations at different locations may either insure or self-insure the other portion 
13.18 	of operations as a distinct and separate risk. An employer desiring to be exempted from 
13.19 	insuring liability for compensation shall make application to the commissioner of commerce, 
13.20 	showing financial ability to pay the compensation, whereupon by written order the 
13.21 	commissioner of commerce, on deeming it proper, may make an exemption. An employer 
13.22 	may establish financial ability to pay compensation by providing financial statements of 
13.23 	the employer to the commissioner of commerce. Upon ten days' written notice the 
13.24 	commissioner of commerce may revoke the order granting an exemption, in which event 
13.25 	the employer shall immediately insure the liability. As a condition for the granting of an 
13.26 	exemption the commissioner of commerce may require the employer to furnish security the 
13.27 	commissioner of commerce considers sufficient to insure payment of all claims under this 
13.28 	chapter, consistent with subdivision 2b. If the required security is in the form of currency 
13.29 	or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner 
13.30 	of management and budget. In the event of any default upon the part of a self-insurer to 
13.31 	abide by any final order or decision of the commissioner of labor and industry directing and 
13.32 	awarding payment of compensation and benefits to any employee or the dependents of any 
13.33 	deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner 
13.34 	of commerce may by written order to the commissioner of management and budget require 
13.35 	the commissioner of management and budget to sell the pledged and assigned securities or 
14.1 	a part thereof necessary to pay the full amount of any such claim or award with interest 
14.2 	thereon. This authority to sell may be exercised from time to time to satisfy any order or 
14.3 	award of the commissioner of labor and industry or any judgment obtained thereon. When 
14.4 	securities are sold the money obtained shall be deposited in the state treasury to the credit 
14.5 	of the commissioner of commerce and awards made against any such self-insurer by the 
14.6 	commissioner of commerce shall be paid to the persons entitled thereto by the commissioner 
14.7 	of management and budget upon payments requested by the commissioner of commerce 
14.8 	out of the proceeds of the sale of securities. Where the security is in the form of a surety 
14.9 	bond or personal guaranty the commissioner of commerce, at any time, upon at least ten 
14.10 	days' notice and opportunity to be heard, may require the surety to pay the amount of the 
14.11 	award, the payments to be enforced in like manner as the award may be enforced.
14.12 	(b) No association, corporation, partnership, sole proprietorship, trust or other business 
14.13 	entity shall provide services in the design, establishment or administration of a group 
14.14 	self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or 
14.15 	exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the 
14.16 	commissioner of commerce. An applicant for a license shall state in writing the type of 
14.17 	activities it seeks authorization to engage in and the type of services it seeks authorization 
14.18 	to provide. The license shall be granted only when the commissioner of commerce is satisfied 
14.19 	that the entity possesses the necessary organization, background, expertise, and financial 
14.20 	integrity to supply the services sought to be offered. The commissioner of commerce may 
14.21 	issue a license subject to restrictions or limitations, including restrictions or limitations on 
14.22 	the type of services which may be supplied or the activities which may be engaged in. The 
14.23 	license is for a two-year period.
14.24 	(c) To assure that group self-insurance plans are financially solvent, administered in a 
14.25 	fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and 
14.26 	equitable manner, entities licensed to engage in such business are subject to supervision 
14.27 	and examination by the commissioner of commerce.
14.28 	(d) To carry out the purposes of this subdivision, the commissioner of commerce may 
14.29 	promulgate administrative rules pursuant to sections 14.001 to 14.69. These rules may:
14.30 	(1) establish reporting requirements for administrators of group self-insurance plans;
14.31 	(2) establish standards and guidelines consistent with subdivision 2b to assure the 
14.32 	adequacy of the financing and administration of group self-insurance plans;
14.33 	(3) establish bonding requirements or other provisions assuring the financial integrity 
14.34 	of entities administering group self-insurance plans;
15.1 	(4) establish standards, including but not limited to minimum terms of membership in 
15.2 	self-insurance plans, as necessary to provide stability for those plans;
15.3 	(5) establish standards or guidelines governing the formation, operation, administration, 
15.4 	and dissolution of self-insurance plans; and
15.5 	(6) establish other reasonable requirements to further the purposes of this subdivision.

15.6 	Sec. 11. Minnesota Statutes 2018, section 176.185, is amended by adding a subdivision 
15.7 	to read:
15.8 		Subd. 11.Employment and insurance data. (a) The following workers' compensation 
15.9 	insurance coverage data reported to or collected by the department under this section, or 
15.10 	otherwise created or received by the department, is public data, subject to the limitations 
15.11 	provided in paragraph (b):
15.12 	(1) all action on an insurance policy, but not including the policy itself. Examples of 
15.13 	action on a policy are the date of issuance of a new policy, the date of cancellation, or copies 
15.14 	of a correction, binder, reinstatement, expiration, cancellation, termination, or declaration 
15.15 	page;
15.16 	(2) the employer's legal name;
15.17 	(3) every "doing business as" name used by the employer;
15.18 	(4) the employer's legal form of ownership, such as corporation, partnership, limited 
15.19 	partnership, or government entity, and the names of all owners and partners including, for 
15.20 	limited partnerships, the names of general partners;
15.21 	(5) the employer's complete mailing and physical addresses;
15.22 	(6) the nature of the employer's business;
15.23 	(7) the policy number;
15.24 	(8) the effective and expiration dates of the policy;
15.25 	(9) the name of the insurance carrier;
15.26 	(10) if the policy has been canceled, the type of cancellation, reason for cancellation, 
15.27 	and effective date of cancellation; and
15.28 	(11) the employer's unemployment account number.
15.29 	(b) The commissioner shall release the insurance coverage data listed in paragraph (a) 
15.30 	only in response to an inquiry about an employer in which the requester provides employer 
16.1 	identifying information required by the commissioner. The commissioner or an entity with 
16.2 	whom the department has contracted pursuant to subdivision 10 shall provide a website for 
16.3 	such public inquiries and may impose access restrictions necessary to limit access to 
16.4 	individual inquiries and to otherwise deter the use of the website for purposes other than 
16.5 	insurance verification. Persons who obtain the data prescribed in paragraph (a) from the 
16.6 	department are prohibited from using the data for commercial purposes.
16.7 	(c) For purposes of this subdivision, "employer" includes a policyholder and any other 
16.8 	entities listed on the same insurance policy as the employer.
16.9 	(d) For purposes of this subdivision, "commercial purposes" means the sale or use of 
16.10 	insurance coverage data listed in paragraph (a) for marketing or profit.
16.11 	(e) An entity with whom the department has contracted pursuant to subdivision 10 has 
16.12 	a private right of action to enforce the prohibition in paragraph (b) against a person who 
16.13 	uses the data for commercial purposes. The entity may bring a civil action to recover damages 
16.14 	and costs and disbursements, including reasonable attorney fees, from the person, and for 
16.15 	other equitable relief as determined by the court.

16.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.17 	Sec. 12. Minnesota Statutes 2018, section 176.223, is amended to read:
16.18 	176.223 PROMPT PAYMENT FIRST ACTION REPORT.
16.19 	(a) For purposes of this section:
16.20 	(1) "insurer" means a workers' compensation insurer licensed in Minnesota and a 
16.21 	self-insured employer approved to self-insure by the commissioner of commerce;
16.22 	(2) "prompt first action" means that an insurer commenced payment of wage loss benefits, 
16.23 	or filed a denial of liability for an injury or for wage loss benefits, within the time frames 
16.24 	required by section 176.221, subdivision 1; and
16.25 	(3) "wage loss benefits" means temporary total disability, temporary partial disability, 
16.26 	and permanent total disability benefits, as described in section 176.101.
16.27 	(b) No later than March 15 of each year, the department shall publish an annual a report 
16.28 	providing data on the promptness of all insurers and self-insurers in making first payments 
16.29 	on a claim for injury. The report shall identify all insurers and self-insurers and state the 
16.30 	percentage of first payments made within 14 days from the last date worked for each of the 
16.31 	insurers and self-insurers. The report shall also list the total number of claims and the number 
16.32 	of claims paid within the 14-day standard. for each insurer on the total number of the insurer's 
17.1 	claims, and the number and percentage of the insurer's claims with prompt first action. The 
17.2 	report must be based on data that the insurer reported to the commissioner in the previous 
17.3 	calendar year. Each report shall contain the required information for each of the last four 
17.4 	years the report has been compiled so that a total of five years is included. The department 
17.5 	shall make the report available to employers and shall provide a copy to each insurer and 
17.6 	self-insurer listed in the report for the current year.
17.7 	(c) On or before January 15 of each year the department must provide each insurer listed 
17.8 	in the report with notice of the data on that insurer that the department plans to include in 
17.9 	the report. By February 15 the insurer must notify the department in writing of inaccurate 
17.10 	data reported to the commissioner and of any corrections to the data that should be reflected 
17.11 	in the March 15 report. Effective August 31, 2020, the insurer must electronically file the 
17.12 	corrected data with the commissioner in CAMPUS.

17.13 	Sec. 13. Minnesota Statutes 2019 Supplement, section 176.231, subdivision 5, is amended 
17.14 	to read:
17.15 		Subd. 5.Electronic reports filed under this section. (a) The commissioner shall 
17.16 	prescribe the manner and format for providing the reports and other documents required by 
17.17 	this section.
17.18 	(b) A report or other document that is required to be filed with the commissioner under 
17.19 	this section must be filed electronically in the manner and format required by the 
17.20 	commissioner. Except as provided in paragraph (d), the commissioner must give at least 60 
17.21 	days' notice to self-insured employers and insurers, and publish notice in the State Register, 
17.22 	of the effective date of required electronic filing of the report or other document.
17.23 	(c) Where specified by the commissioner under paragraph (d), a self-insured employer 
17.24 	or insurer must file a report or other document with the commissioner electronically according 
17.25 	to the version of the Claims Release Standard published by the International Association 
17.26 	of Industrial Accident Boards and Commissions (IAIABC) adopted by the commissioner. 
17.27 	The commissioner must publish on the department's website a Minnesota implementation 
17.28 	guide that prescribes reporting and service requirements consistent with this chapter.
17.29 	(d) The commissioner must give notice to self-insured employers and insurers, and 
17.30 	publish notice in the State Register, of intent to adopt a version of the Claims Release 
17.31 	Standard for a report or other document required to be filed with the commissioner. The 
17.32 	notice must include a link to the Minnesota implementation guide. Interested parties must 
17.33 	have at least 90 days to submit comments to the commissioner. After considering the 
17.34 	comments, the commissioner must publish notice of the adopted version of the Claims 
18.1 	Release Standard and Minnesota implementation guide in the State Register at least 90 days 
18.2 	before the effective date of the Standard and Guide. The commissioner must also give at 
18.3 	least 30 days' notice to self-insured employers and insurers, and publish notice in the State 
18.4 	Register, of any updates to the Minnesota implementation guide. The requirements in the 
18.5 	adopted versions of the Claims Release Standard and the Minnesota implementation guide 
18.6 	supersede any conflicting or obsolete rule. The commissioner may amend or repeal 
18.7 	conflicting or obsolete rules, using the procedures in section 14.388 or 14.3895. The adopted 
18.8 	versions of the Claims Release Standards and Minnesota implementation guides adopted 
18.9 	by the commissioner under this section are not rules under chapter 14, but have the force 
18.10 	and effect of law as of the effective date specified in the notice published in the State Register. 
18.11 	The commissioner may publish the initial notices in this subdivision before August 31, 
18.12 	2020, to ensure the adopted versions of the Standard and Guide are effective on that date.

18.13 	EFFECTIVE DATE. This section is effective August 31, 2020.

18.14 	Sec. 14. Minnesota Statutes 2019 Supplement, section 176.231, subdivision 6, is amended 
18.15 	to read:
18.16 		Subd. 6.Commissioner of the Department of labor and industry; duty to keep 
18.17 	informed. (a) The commissioner of the Department of labor and industry shall keep fully 
18.18 	informed of the nature and extent of all injuries compensable under this chapter, their 
18.19 	resultant disabilities, and of the rights of employees to compensation. In addition to other 
18.20 	data required to be filed or reported under this chapter, the insurer or self-insured employer 
18.21 	must keep report to the department advised of all any payments of compensation, and 
18.22 	attorney fees; the amounts of payments made, and the date of the first payment; and any 
18.23 	amounts withheld from compensation paid, whether paid voluntarily or by order of a 
18.24 	compensation judge, the workers' compensation court of appeals, or the Minnesota Supreme 
18.25 	Court. Where a physician or surgeon has examined, treated, or has special knowledge relating 
18.26 	to an injury which may be compensable under this chapter, the commissioner of the 
18.27 	Department of Labor and Industry or any member or employee thereof shall request in 
18.28 	writing a report from such person of the attendant facts. The reports must be made within 
18.29 	14 days of the following events: the date of the first payment, a denial of primary liability, 
18.30 	a denial of any part of compensation, a change in the compensation amount or type, 
18.31 	commencement of an additional compensation type, reinstatement of compensation after 
18.32 	previous discontinuance, or final payment of compensation. Additional reporting 
18.33 	requirements are as provided in paragraphs (b) to (g).
19.1 	(b) Starting 180 days after the date of injury and every six months thereafter, the 
19.2 	self-insured employer or insurer shall report to the commissioner all compensation paid to 
19.3 	an employee, any amounts withheld from compensation paid, and any amounts paid for 
19.4 	attorney fees.
19.5 	(c) A report of permanent partial disability benefits commenced or paid must include a 
19.6 	copy of (1) the medical report supporting the permanent partial disability benefit paid; and 
19.7 	(2) the form prescribed by the commissioner that was served on the employee showing the 
19.8 	permanent partial disability benefit that was or will be paid.
19.9 	(d) A final report must be filed to show that the self-insured employer or insurer has 
19.10 	ceased payment of all indemnity and rehabilitation benefits where no litigation is pending. 
19.11 	The report must be filed within 180 days of the cessation.
19.12 	(e) A self-insured employer or insurer must report a change in the number of dependents 
19.13 	receiving benefits within 14 days of the change.
19.14 	(f) A self-insured employer or insurer must report when a claim is acquired from another 
19.15 	self-insured employer or insurer, and whether benefits are currently being paid. A third-party 
19.16 	administrator must report when it begins administering a claim and whether benefits are 
19.17 	currently being paid. The reports under this paragraph must be filed within 30 days of the 
19.18 	acquisition, or a change in the third-party administrator.
19.19 	(g) The reports required under this section must be filed electronically according to the 
19.20 	requirements of subdivision 5 in the form and manner required by the commissioner. The 
19.21 	reports must be served on or provided to the employee as follows:
19.22 	(1) If service is required under this chapter, the self-insured employer or insurer must 
19.23 	serve the report on the employee or dependents within the time limits required, and must 
19.24 	retain a proof of service as required by section 176.285, subdivision 3.
19.25 	(2) If the report is not required to be served under this chapter, the self-insured employer 
19.26 	or insurer must, no later than two business days of acceptance of the report by the 
19.27 	commissioner, send the report to the employee by first class United States mail or another 
19.28 	method agreed to by the employee, and specify on the report the date it was sent.
19.29 	(3) A report served or provided to the employee under this chapter must contain the 
19.30 	information designated by the commissioner in the format required by the commissioner, 
19.31 	according to the requirements specified under subdivision 5.

19.32 	EFFECTIVE DATE. This section is effective for reports filed on or after August 31, 
19.33 	2020.

20.1 	Sec. 15. Minnesota Statutes 2019 Supplement, section 176.231, subdivision 9, is amended 
20.2 	to read:
20.3 		Subd. 9.Uses that may be made of reports; access to division file. (a) Reports and 
20.4 	other documents in the division file are private data on individuals and nonpublic data as 
20.5 	those terms are defined in section 13.02, except that the reports and documents in the division 
20.6 	file may be used in hearings held under this chapter, and for the purpose of state 
20.7 	investigations and for statistics. The reports and documents in the division file are also 
20.8 	available without authorization to:
20.9 	(1) the Department of Revenue for use in enforcing Minnesota income tax and property 
20.10 	tax refund laws, and the information shall be protected as provided in chapter 270B;
20.11 	(2) an agency, as needed to perform its responsibilities under this chapter;
20.12 	(3) the Workers' Compensation Reinsurance Association for use by the association in 
20.13 	carrying out its responsibilities under chapter 79;
20.14 	(4) the special compensation fund for the purpose of auditing assessments under section 
20.15 	176.129; and
20.16 	(5) the persons and entities allowed access under subdivisions 9a, 9b, and 9c.
20.17 	(b) A person with an authorization signed by the employer, insurer, or employee, or 
20.18 	dependent of a deceased employee as described in paragraph (c), has access to reports and 
20.19 	other documents in the division file as provided in the authorization. An authorization must:
20.20 	(1) be in writing;
20.21 	(2) include the printed name and dated signature of the employee or dependent of an 
20.22 	employee, employer, or insurer representative who is authorizing the documents to be 
20.23 	released;
20.24 	(3) specify the employer, date of injury, and worker identification or Social Security 
20.25 	number;
20.26 	(4) include the name of the individual or entity that is authorized to receive the documents. 
20.27 	If the authorization is signed by the employer or insurer, the authorization must specify that 
20.28 	the access is granted to a person acting on the employer's or insurer's behalf in performing 
20.29 	responsibilities under chapter 176;
20.30 	(5) specify the time period within which the authorization is valid, which may not exceed 
20.31 	one year from the date the authorization was signed, except that access to the division file 
20.32 	may exceed one year if provided in subdivision 9a, paragraph (b) (c); and
21.1 	(6) include a statement that the person signing the authorization may revoke the 
21.2 	authorization by filing written notice with the department at any time, which shall be effective 
21.3 	upon receipt by the department.
21.4 	(c) For purposes of authorization to access the division file under this subdivision and 
21.5 	access to the division file under subdivision 9a, an "employee" includes an employee's 
21.6 	guardian under section 176.092; a dependent of a deceased employee under section 176.111; 
21.7 	a representative of the decedent under section 13.10; or legal heir of a deceased employee's 
21.8 	estate; if a court order or other legal documentation is submitted that establishes the person's 
21.9 	legal status as a guardian, dependent, representative, or legal heir.

21.10 	EFFECTIVE DATE. This section is effective August 31, 2020.

21.11 	Sec. 16. Minnesota Statutes 2019 Supplement, section 176.231, subdivision 9a, is amended 
21.12 	to read:
21.13 		Subd. 9a.Access to division file without an authorization; attorney access. (a) Access 
21.14 	to the division file established for a specific claimed date or dates of injury under this chapter 
21.15 	is allowed without an authorization from the employee, employer, or insurer, or dependent,
21.16 	as described in clauses (1) to (6) (7):
21.17 	(1) an employee, an employee's guardian under section 176.092, and a deceased 
21.18 	employee's legal heir or dependent as defined in section 176.011, have as described in 
21.19 	subdivision 9, paragraph (c), has access to the division file established for the employee's 
21.20 	claimed date or dates of injury;
21.21 	(2) an employer and insurer have access to the division file for a workers' compensation 
21.22 	claim to which the employer and insurer are parties;
21.23 	(3) the Department of Administration under section 13.43, subdivision 18, the assigned 
21.24 	risk plan under chapter 79, the special compensation fund established under section 176.129, 
21.25 	the self-insurers security fund under chapter 79A, and the Minnesota insurance guarantee 
21.26 	association under chapter 60C have access to all of the documents in the division file for a 
21.27 	claim to which they are a party or are otherwise providing, paying, or reimbursing workers' 
21.28 	compensation benefits under this chapter;
21.29 	(4) a person who has filed a motion to intervene in a pending dispute at an agency has 
21.30 	access to the documents in the division file that are filed in connection with the dispute in 
21.31 	which the person has filed a motion to intervene;
21.32 	(5) a registered rehabilitation provider assigned to provide rehabilitation services to an 
21.33 	employee has access to the documents in the division file that are filed in connection with 
22.1 	the employee's vocational rehabilitation or a dispute about vocational rehabilitation under 
22.2 	section 176.102; and
22.3 	(6) a third-party administrator licensed under section 60A.23, subdivision 8, has access 
22.4 	to the division file for a claim it has contracted to administer on behalf of any of the entities 
22.5 	listed in this subdivision.; and
22.6 	(7) the program administrator for a collective bargaining agreement approved by the 
22.7 	commissioner under section 176.1812 has access to the division file for a claim that is 
22.8 	covered by the agreement.
22.9 	(b) An attorney who has filed with the commissioner: a written authorization signed by 
22.10 	a person listed in paragraph (a), clause (1) or (2); or a retainer agreement, in CAMPUS a 
22.11 	notice of appearance or representation, or a pleading or a response to a pleading, on behalf
22.12 	of a person or entity listed in paragraph (a); has the same access to documents in the division 
22.13 	file that the authorizing represented person or entity has, unless the attorney specifies when 
22.14 	filing the notice that access is should be limited by the authorization, retainer agreement, 
22.15 	or notice of appearance or representation. If the attorney represents an employee as described 
22.16 	in subdivision 9, paragraph (c), one of the following documents signed by the employee 
22.17 	must be attached to the notice: a written authorization, a retainer agreement, or a document 
22.18 	initiating or responding to a workers' compensation dispute filed under this chapter.
22.19 	(c) If the attorney's access is not limited by one of the documents in this paragraph an 
22.20 	authorization, notice of representation, or the represented person or entity's access under 
22.21 	paragraph (a), the attorney's access continues until one of the following occurs, whichever 
22.22 	is later:
22.23 	(1) one year after an authorization is filed;
22.24 	(2) five years after the date a retainer agreement or notice of appearance or representation 
22.25 	was filed where no dispute has been initiated;
22.26 	(3) five years after the date the attorney filed a document initiating or, responding to, or 
22.27 	intervening in a workers' compensation dispute under this chapter;
22.28 	(4) five years after the date an award on stipulation was served and filed if the award 
22.29 	was related to a dispute in which the attorney represented a party in paragraph (a); or
22.30 	(5) five years after the date a final order or final penalty assessment was issued as defined 
22.31 	in subdivision 9c, paragraph (a), clause (3), if the final order or penalty assessment was 
22.32 	related to a dispute in which the attorney represented a party listed in paragraph (a).
23.1 	Notwithstanding the time frames in clauses (1) to (5), an attorney no longer has access to 
23.2 	the division file as of the date the attorney files a notice of withdrawal from the case, or the 
23.3 	date the department receives written notice that the authorization is withdrawn or that the 
23.4 	attorney no longer represents the person. However, if a dispute over an attorney's fees is 
23.5 	pending at the office, the attorney has continued access to the division file until a final order 
23.6 	or award on stipulation resolving the attorney fee dispute is received by the commissioner.
23.7 	(c) (d) The division may provide the worker identification number assigned under section 
23.8 	176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:
23.9 	(1) attorney who represents one of the persons described in paragraph (b);
23.10 	(2) attorney who represents an intervenor or potential intervenor under section 176.361;
23.11 	(3) intervenor; or
23.12 	(4) employee's assigned qualified rehabilitation consultant under section 176.102.
23.13 	(d) (e) If the department receives information that indicates that identifying or contact 
23.14 	information for an employee, dependent, employer, insurer, or third-party administrator for 
23.15 	an employer or insurer is erroneous or no longer accurate, the department may update the 
23.16 	information in all relevant workers' compensation files to reflect:
23.17 	(1) the current and accurate name, address, Social Security number or worker 
23.18 	identification number, and contact information for an employee, unless the employee notifies 
23.19 	the commissioner in writing that the information in a workers' compensation file for a 
23.20 	specific date of injury may not be updated; and
23.21 	(2) the current and accurate name, address, and contact information for an employer, 
23.22 	insurer, or third-party administrator for an employer or insurer.

23.23 	EFFECTIVE DATE. This section is effective August 31, 2020.

23.24 	Sec. 17. Minnesota Statutes 2019 Supplement, section 176.2611, subdivision 5, is amended 
23.25 	to read:
23.26 		Subd. 5.Form revision and access to documents and data. (a) The commissioner 
23.27 	must revise dispute resolution forms, in consultation with the chief administrative law judge, 
23.28 	to reflect the filing requirements in this section.
23.29 	(b) For purposes of this subdivision, "complete, read-only electronic access" means the 
23.30 	ability to view all data and document contents, including scheduling information, related 
23.31 	to workers' compensation disputes, except for the following:
24.1 	(1) a confidential mediation statement, including any documents submitted with the 
24.2 	statement for the mediator's review and any additional documents submitted to or sent by 
24.3 	the mediator in furtherance of mediation efforts;
24.4 	(2) work product of a compensation judge, mediator, or commissioner that is not issued. 
24.5 	Examples of work product include personal notes of hearings or conferences and draft 
24.6 	decisions;
24.7 	(3) the department's Vocational Rehabilitation Unit's case management system data;
24.8 	(4) the special compensation fund's case management system data; and
24.9 	(5) audit trail information.
24.10 	This paragraph expires August 31, 2020.
24.11 	(c) Until August 31, 2020, the office must send the department all documents that are 
24.12 	accepted for filing or issued by the office. The office must send the documents to the 
24.13 	department, electronically or by courier, within two business days of when the documents 
24.14 	are accepted for filing or issued by the office. Beginning August 31, 2020, all dispute-related 
24.15 	documents accepted for filing or issued by the office, and all dispute-related documents 
24.16 	filed with the department that are referred to the office under section 176.106, must be 
24.17 	immediately transmitted between the office's case management system and CAMPUS using 
24.18 	application programming interfaces.
24.19 	(d) The department must place documents that the office sends to the department in the 
24.20 	appropriate imaged file for the employee. This paragraph expires August 31, 2020.
24.21 	(e) Each agency must be provided with complete, read-only electronic access, as defined 
24.22 	in paragraph (b), to the other agency's case management system. This paragraph expires 
24.23 	August 31, 2020.
24.24 	(f) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is 
24.25 	responsible for its own employees' use and dissemination of the data and documents in the 
24.26 	workers' compensation Informix imaging system, the office's case management system, and 
24.27 	the system developed as a result of the workers' compensation modernization program. This 
24.28 	paragraph expires August 31, 2020.

24.29 	Sec. 18. Minnesota Statutes 2019 Supplement, section 176.2612, subdivision 1, is amended 
24.30 	to read:
24.31 		Subdivision 1.Requirements. (a) The commissioner shall maintain the workers' 
24.32 	compensation Claims Access and Management Platform User System (CAMPUS) as defined 
25.1 	in section 176.011, subdivision 1d. This section applies to the department and the Workers' 
25.2 	Compensation Court of Appeals. Except for paragraph (b), clause (4), this subdivision does 
25.3 	not apply to the office.
25.4 	(b) CAMPUS must:
25.5 	(1) provide a single filing system for users to electronically file documents required or 
25.6 	authorized to be filed under this chapter with the commissioner or the Workers' Compensation 
25.7 	Court of Appeals;
25.8 	(2) maintain and retain the division file and other claim-related documents;
25.9 	(3) accept filings by electronic data entry and by uploaded images of supplemental 
25.10 	documents, such as a medical or narrative report or document;
25.11 	(4) electronically and securely transmit data, and images of documents, between each 
25.12 	agency to allow the agency to perform its statutory functions;
25.13 	(5) electronically and securely serve documents;
25.14 	(6) organize electronic data filed in the division file into an image for viewing or printing 
25.15 	by parties to a claim and staff at each agency;
25.16 	(7) provide electronic access to the division file by parties and each agency to workers' 
25.17 	compensation documents and other data as authorized or required by this chapter and 
25.18 	generate an audit trail when the division file is accessed by a person; and
25.19 	(8) allow authorized stakeholders, the department, and the Workers' Compensation Court 
25.20 	of Appeals to manage and monitor claims and perform statutorily required functions.

25.21 	EFFECTIVE DATE. This section is effective August 31, 2020.

25.22 	Sec. 19. Minnesota Statutes 2019 Supplement, section 176.2612, subdivision 3, is amended 
25.23 	to read:
25.24 		Subd. 3.Creating a CAMPUS account. (a) For purposes of this subdivision, "employer," 
25.25 	"insurer," and "third-party administrator" have the meanings given in section 176.253, 
25.26 	subdivision 1.
25.27 	(b) Electronic access to view or file documents in CAMPUS shall be granted according 
25.28 	to the requirements established by the department and MN.IT services to authenticate the 
25.29 	identity of the person or entity creating the account and authorize access to the documents 
25.30 	that the person or entity is entitled to under this chapter. To create an account in CAMPUS, 
25.31 	a person must provide the commissioner of labor and industry with information needed to 
26.1 	create the account and authenticate the person's identity. The person must also agree to 
26.2 	terms and conditions that are needed to safeguard the security and privacy of data and 
26.3 	comply with the requirements of this chapter related to CAMPUS.
26.4 	(c) The persons or entities in clauses (1) to (12) must create and maintain an account in 
26.5 	CAMPUS to electronically access or file documents:
26.6 	(1) an employee with a workers' compensation claim, the employee's guardian under 
26.7 	section 176.092, or the deceased employee's dependent under section 176.111 or other 
26.8 	person who has access to the division file under section 176.231, subdivision 9, paragraph 
26.9 	(c);
26.10 	(2) an employer with a workers' compensation claim;
26.11 	(3) a licensed workers' compensation insurer acting on behalf of an employer with a 
26.12 	Minnesota workers' compensation claim;
26.13 	(4) an intervenor or potential intervenor in a workers' compensation dispute;
26.14 	(5) a registered rehabilitation provider under section 176.102;
26.15 	(6) the state or a political subdivision or school district that is not required to be 
26.16 	self-insured by the commissioner of the Department of Commerce in order to pay its workers' 
26.17 	compensation claims;
26.18 	(7) the assigned risk plan under chapter 79A;
26.19 	(8) the Workers' Compensation Reinsurance Association under chapter 79;
26.20 	(9) the Minnesota Insurance Guarantee Association established under chapter 60C;
26.21 	(10) the self-insurers' security fund under chapter 79A;
26.22 	(11) a third-party administrator that has contracted to act on behalf of any of the entities 
26.23 	listed in this subdivision; and
26.24 	(12) an attorney representing a person or entity listed above.
26.25 	(d) The commissioner may require that any person or entity listed in paragraph (c), 
26.26 	clauses (2) to (12), create and maintain an account in CAMPUS if the person or entity is a 
26.27 	party to a workers' compensation claim or associated with an enforcement action of the 
26.28 	department.
26.29 	(e) A designated medical contact under section 176.135 and a managed care organization 
26.30 	certified by the department under section 176.1351 must create and maintain an account to 
26.31 	file and view documents related to the certified managed care plan or designated medical 
27.1 	contact. A program administrator for a collective bargaining agreement approved by the 
27.2 	commissioner under section 176.1812 must create an account to view documents related to 
27.3 	a claim that is covered by the agreement. A health care provider must create an account to 
27.4 	file a request for an administrative conference if permitted under section 176.136, subdivision 
27.5 	2.
27.6 	(f) If a person or entity is required to create and maintain an account under this 
27.7 	subdivision and fails to do so:
27.8 	(1) unless good cause is shown, the commissioner may assess a $500 penalty against 
27.9 	the person or entity for each 30-day period that an account is not created or maintained 
27.10 	following the commissioner's notice that one is required;
27.11 	(2) failure to create or maintain an account shall not be a defense to untimely filing 
27.12 	where electronic filing is required under this chapter; and
27.13 	(3) failure to create or maintain an account results in the appointment of the commissioner 
27.14 	and successors in office as the person's agent to receive service by the commissioner or the 
27.15 	Workers' Compensation Court of Appeals where service is required under this chapter, 
27.16 	provided that the commissioner attempts service by United States mail on the party at the 
27.17 	last known address.

27.18 	EFFECTIVE DATE. This section is effective August 31, 2020.

27.19 	Sec. 20. Minnesota Statutes 2019 Supplement, section 176.275, subdivision 2, is amended 
27.20 	to read:
27.21 		Subd. 2.Proof of service; affidavits and notarized statements. (a) Whenever a 
27.22 	provision of this chapter or rules adopted pursuant to authority granted by this chapter 
27.23 	require either a proof of service, an affidavit of service, or a notarized statement on a 
27.24 	document, the requirement is satisfied by a document that meets the definition of an affidavit 
27.25 	under Rule 15 of the General Rules of Practice for the district courts.
27.26 	(b) An agency is not required to verify the accuracy of a proof or affidavit of service 
27.27 	filed by a party before accepting a document for filing. This does not prevent a party from 
27.28 	asserting insufficient or lack of service in a proceeding.
27.29 	(c) Service on a party's attorney constitutes service on the represented party, unless 
27.30 	service on the employee is specifically required by this chapter.
28.1 	(d) A party is not required to file a proof or affidavit of service of a document on a person
28.2 	when the party is served electronically by the agency and the agency has issued a proof of 
28.3 	service uses the agency's electronic system to serve the person.
28.4 	(e) A party to a claim who uses an agency's electronic system to (1) improperly file a 
28.5 	document that is unrelated to the workers' compensation claim in which the document was 
28.6 	filed, or (2) send or serve a document on a recipient who is not entitled to receive it under 
28.7 	this chapter must, upon discovery or notification of the improper release, promptly notify 
28.8 	the recipient, the agency, and the subject whose data was improperly released. The agency 
28.9 	whose electronic system was used to send, serve, or file the document is not responsible 
28.10 	under section 3.971 and chapter 13 for the improper release, but must promptly correct its 
28.11 	files or remove the document from its electronic system upon discovery or notification.

28.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

28.13 	Sec. 21. Minnesota Statutes 2019 Supplement, section 176.285, subdivision 1, is amended 
28.14 	to read:
28.15 		Subdivision 1.Service by mail. Service of documents shall be by first class United 
28.16 	States mail or personal service, except where electronic service is authorized or required 
28.17 	under this section and section 176.275. An employee cannot be required to accept electronic 
28.18 	service where service on the employee is required. Where service is by mail, service is 
28.19 	effected at the time mailed if properly addressed and stamped. If it is so mailed, it is presumed 
28.20 	the paper or notice reached the party to be served. However, a party may show by competent 
28.21 	evidence that that party did not receive it or that it had been delayed in transit for an unusual 
28.22 	or unreasonable period of time. In case of nonreceipt or delay, an allowance shall be made 
28.23 	for the party's failure to assert a right within the prescribed time.

28.24 	EFFECTIVE DATE. This section is effective August 31, 2020.

28.25 	Sec. 22. REPEALER.
 28.26 	Minnesota Statutes 2018, section 176.181, subdivision 6, is repealed.

APPENDIX 

Repealed Minnesota Statutes: 20-5720 

176.181 INSURANCE.Subd. 6.Financial statements. 
No employer shall be required to provide financial statements certified by an "independent certified public accountant" or "certified public accountant" as a condition of approval for group self-insurance.