2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 07/05/2018 03:18pm
A bill for an act
relating to insurance; establishing a mental health and substance use disorder work
group; requiring a report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The mental health and substance use disorder work
group shall include the following:
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(1) two members representing health plan companies that offer health plans in the
individual market, appointed by the commissioner of commerce;
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(2) two members representing health plan companies that offer health plans in the group
markets, appointed by the commissioner of commerce;
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(3) the commissioner of health;
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(4) the commissioner of commerce;
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(5) the commissioner of management and budget;
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(6) two members representing employers;
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(7) two members who are providers representing the mental health and substance use
disorder community, appointed by the commissioner of commerce; and
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(8) two members who are advocates representing the mental health and substance use
disorder community, appointed by the commissioner of commerce.
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(b) Members of the work group must have expertise in standards for evidence-based
care, benefit design, or development or knowledge relating to the analysis of the mental
health and substance use disorder parity under federal and state law, including nonquantitative
treatment limitations.
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Appointing authorities shall appoint
members to the work group by July 1, 2018. The commissioner of commerce or a designee
shall convene the first meeting of the work group on or before August 1, 2018. The
commissioner of commerce shall act as chair.
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The commissioners of health and commerce shall
provide administrative support and meeting space for the work group.
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The mental health and substance use disorder work group shall have
the following duties:
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(1) develop recommendations on the most effective approach to determine and
demonstrate mental health and substance use disorder parity, in accordance with state and
federal law for individual and group health plans offered in Minnesota; and
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(2) report recommendations to the legislature.
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(a) By February 15, 2019, the commissioner of commerce shall submit
a report of the recommendations of the work group to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care policy and finance.
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(b) The report must include the following:
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(1) a summary of completed state enforcement actions relating to individual and group
health plans offered in Minnesota during the preceding 12-month period regarding
compliance with parity in mental health and substance use disorders benefits in accordance
with state and federal law, and summarize the results of completed state enforcement actions.
Data that is protected under state or federal law as nonpublic, private, or confidential shall
remain nonpublic, private, or confidential. This summary must include:
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(i) the number of formal enforcement actions taken;
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(ii) the benefit classifications examined in each enforcement action; and
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(iii) the subject matter of each enforcement action, including quantitative and
nonquantitative treatment limitations;
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(2) detailed information about any regulatory actions the commissioners of health or
commerce have taken as a result of a completed state enforcement action pertaining to health
plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53, and United States
Code, title 42, section 18031(j); and
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(3) a description of the work group's recommendations on educating the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.
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(c) In developing the report and recommendations, the work group may consult with
the Substance Abuse and Mental Health Services Agency and the National Association of
Insurance Commissioners for the latest developments on evaluation of mental health and
substance use disorder parity.
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(d) The report must be written in nontechnical, readily understandable language and be
made available to the public by posting the report on the Web sites for the Department of
Health and Department of Commerce. The work group may make the report publicly
available in additional ways at its discretion.
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(e) The report must include any draft legislation necessary to implement the
recommendations of the work group.
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(f) The report must include recommendations on the most effective approach to determine
and demonstrate mental health and substance use disorder parity, in accordance with state
and federal law for individual and group health plans offered in Minnesota.
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The mental health and substance use disorder work group expires
February 16, 2019, or the day after submitting the report required in this section, whichever
is earlier.
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