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Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1984 

                        CHAPTER 538-H.F.No. 2148
           An act relating to insurance; authorizing the use of 
          smoker and nonsmoker mortality tables; coordinating 
          payments by primary and secondary health insurers; 
          proposing new law coded in Minnesota Statutes, 
          chapters 61A and 62A. 
    Section 1.  [61A.255] [SMOKER AND NONSMOKER MORTALITY 
    For the purposes of sections 61A.24 and 61A.25, insurers 
may utilize the 1958 Commissioners Standard Ordinary and 1958 
Commissioners Extended Term smoker and nonsmoker mortality 
tables and the 1980 commissioners standard ordinary and 1980 
commissioners extended term smoker and nonsmoker mortality 
tables in addition to the tables specified in sections 61A.24 
and 61A.25.  The tables may be utilized as provided in the model 
rule permitting smoker/nonsmoker mortality tables for use in 
determining minimum reserve liabilities and nonforfeiture 
benefits adopted by the National Association of Insurance 
    This section applies to policies issued on or after January 
1, 1984 and before January 1, 1989.  
    Sec. 2.  [62A.046] [COORDINATION OF BENEFITS.] 
    (1) No group contract providing coverage for hospital and 
medical treatment or expenses issued or renewed after August 1, 
1984, which is responsible for secondary coverage for services 
provided, may deny coverage or payment of the amount it owes as 
a secondary payor solely on the basis of the failure of another 
group contract, which is responsible for primary coverage, to 
pay for those services.  
    (2) A group contract which provides coverage of a claimant 
as a dependent of a parent who has legal responsibility for the 
dependent's medical care but who does not have custody of the 
dependent must, upon request of the custodial parent, make 
payments directly to the provider of care.  In such cases, 
liability to the insured is satisfied to the extent of benefit 
payments made to the provider.  
    (3) This section applies to an insurer, a vendor of risk 
management services regulated under section 60A.23, a nonprofit 
health service plan corporation regulated under chapter 62C and 
a health maintenance organization regulated under chapter 62D. 
Nothing in this section shall require a secondary payor to pay 
the obligations of the primary payor nor shall it prevent the 
recovery of liable payments from the primary payor by the 
secondary payor if the secondary payor elects to pay the 
obligations of the primary payor.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Approved April 25, 1984

Official Publication of the State of Minnesota
Revisor of Statutes