2008 H.F. NO. 2553, SECTION 5, SUBDIVISION 3, IF ENACTED, IS AMENDED TO READ:
Payments from other sources.
Notwithstanding any statutory or common law or agreement to the contrary, a person required to make payments, including future payments, to a survivor may
not eliminate or reduce those payments as a result of compensation paid to the survivor under section 3.7393 or from the emergency relief fund or as a result of the survivor's release of claims against the state, a municipality, or their employees under section 3.7393. The obligation of any person other than the state to make payments to a survivor is primary as compared to any payment made or to be made under section 3.7393 or from the emergency relief fund. The persons referenced in and covered by this subdivision and subdivision 4 include, without limitation:
(1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are insurers or self-insurers;
(2) health plan companies, as defined in section 62Q.01, subdivision 4, including the Minnesota Comprehensive Health Association created under section 62E.10;
(3) insurance companies, as defined in section 60A.02, subdivision 4;
(4) self-insured pools of political subdivisions organized under section 471.617 or 471.981, including service cooperatives pools organized under section 123A.21;
(5) risk retention groups, as defined in section 60E.02, subdivision 12;
(6) joint self-insurance plans governed by chapter 60F;
(7) workers' compensation insurers and private self-insurers, as defined in section 79.01;
(8) the Minnesota Life and Health Insurance Guaranty Association governed by chapter 61B;
(9) the Minnesota Insurance Guaranty Association governed by chapter 60C;
(10) the Minnesota Joint Underwriting Association governed by chapter 62I;
(11) all insurers providing credit life, credit accident and health, and credit involuntary unemployment insurance under chapter 62B, but also including those coverages written in connection with real estate mortgage loans and those provided to borrowers at no additional cost;
(12) the Minnesota unemployment insurance program provided under chapter 268;
(13) coverage offered by the state under medical assistance, general assistance medical care, and MinnesotaCare; and
(14) any other plan providing health, life, disability income, or long-term care coverage.
Signed by the governor May 19, 2008, 10:02 a.m.