1.1 	A bill for an act
1.2 	relating to insurance; providing Minnesota employers and residents with the 
1.3 	freedom to buy coverage approved for sale in any state;amending Minnesota 
1.4 	Statutes 2006, section 62A.02, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 62A.02, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 8.Right to purchase health coverage approved in other state. (a) 
1.9 	Notwithstanding any other law of this state to the contrary, any resident of this state 
1.10 	and any employer that employs residents of this state may purchase a health plan that 
1.11 	has not been approved by the commissioner, if the health plan is permitted to be sold 
1.12 	in any other state.
1.13 	(b) Notwithstanding any other law of this state to the contrary, any insurance 
1.14 	company, whether domestic, foreign, or alien, that is permitted to offer, sell, issue, or 
1.15 	renew a health plan in any other state under the laws of that state, may do so with respect 
1.16 	to that health plan in this state. The insurance company need not have a certificate of 
1.17 	authority, license, or other authorization from the commissioner to do business in this 
1.18 	state. This paragraph does not exempt the insurance company from compliance with 
1.19 	chapter 303, relating to foreign business entities.
1.20 	(c) Notwithstanding any other law of this state to the contrary, any insurance agent 
1.21 	licensed or otherwise permitted to sell health plans in this state, or in a state in which the 
1.22 	health plan is permitted to be sold, may sell to a resident of this state or to an employer 
1.23 	that employs residents of this state any health plan permitted to be sold under paragraph 
2.1 	(a) or (b), and is not, in connection with that transaction, subject to the laws of this state 
2.2 	regulating insurance agents.
2.3 	(d) Notwithstanding any other law of this state to the contrary, an insurance company 
2.4 	and a health plan offered, issued, sold, or renewed by the insurance company under 
2.5 	authority of this subdivision:
2.6 	(1) are not subject to the authority of the commissioner in any respect, and the 
2.7 	insurance company need not provide any filing or notification to the commissioner;
2.8 	(2) need not comply with any law of this state relating to insurance companies or 
2.9 	health plans, including but not limited to chapters 45 and 60A to 72C; and
2.10 	(3) are subject to the tax laws of this state, including chapter 297I, on the same basis 
2.11 	as other insurance companies doing business in this state.
2.12 	(e) For purposes of this subdivision:
2.13 	(1) "commissioner" means the commissioner of commerce or the commissioner of 
2.14 	health, as appropriate, depending upon which commissioner would have authority over 
2.15 	the insurance company or health plan if it were subject to the laws of this state;
2.16 	(2) "health plan" has the meaning given in section 62A.011, subdivision 3, but 
2.17 	including coverage described in clause (10) of that subdivision, and without regard to the 
2.18 	references in that subdivision to the entities providing the health plan being licensed in or 
2.19 	operating under the laws of this state; and
2.20 	(3) "insurance company," "domestic," "alien," "foreign," and "state" have the 
2.21 	meanings given in section 60A.02. "Insurance company" includes a health maintenance 
2.22 	organization or health service plan corporation, whether nonprofit or for profit.

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