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SF 2879

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/14/2010 09:55am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to insurance; modifying provisions related to the Minnesota
Comprehensive Health Association; amending Minnesota Statutes 2008, sections
62E.11, subdivision 11; 62E.12; 62E.141.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 62E.11, subdivision 11, is amended to read:


Subd. 11.

Rate increase or benefit change.

The association must deleted text begin hold a public
meeting to hear public comment
deleted text end new text begin provide notice and solicit public commentnew text end at least
two weeks before filing a rate increase or benefit change with the commissioner.new text begin This
requirement may be satisfied by written notice, public meeting, or electronic means. If the
association holds a public meeting,
new text end notice of the public meeting to hear public comment
must be mailed at least two weeks before the meeting to all plan enrollees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 62E.12, is amended to read:


62E.12 MINIMUM BENEFITS OF COMPREHENSIVE HEALTH
INSURANCE PLAN.

(a) The association through its comprehensive health insurance plan shall offer
policies which provide the benefits of a number one qualified plan and a number two
qualified plan, except that the maximum lifetime benefit on these plans shall be $5,000,000;
and an extended basic Medicare supplement plan and a basic Medicare supplement plan
as described in sections 62A.3099 to 62A.44. The association may also offer a plan that
is identical to a number one and number two qualified plan except that it has a $2,000
annual deductible and a $5,000,000 maximum lifetime benefit. The association, subject to
the approval of the commissioner, may also offer plans that are identical to the number
one or number two qualified plan, except that they have annual deductibles of $5,000 and
$10,000, respectively; have limitations on total annual out-of-pocket expenses equal to
those annual deductibles and therefore cover 100 percent of the allowable cost of covered
services in excess of those annual deductibles; and have a $5,000,000 maximum lifetime
benefit. The association, subject to approval of the commissioner, may also offer plans
that meet all other requirements of state law except those that are inconsistent with high
deductible health plans as defined in sections 220 and 223 of the Internal Revenue Code
and supporting regulations. As of January 1, 2006, the association shall no longer be
required to offer an extended basic Medicare supplement plan.

(b) The requirement that a policy issued by the association must be a qualified plan
is satisfied if the association contracts with a preferred provider network and the level of
benefits for services provided within the network satisfies the requirements of a qualified
plan. If the association uses a preferred provider network, payments to nonparticipating
providers must meet the minimum requirements of section 72A.20, subdivision 15.

(c) The association shall offer health maintenance organization contracts in those
areas of the state where a health maintenance organization has agreed to make the
coverage available and has been selected as a writing carrier.

(d) Notwithstanding the provisions of section 62E.06 and unless those charges
are billed by a provider that is part of the association's preferred provider network, the
state plan shall exclude coverage of services of a private duty nurse other than on an
inpatient basis and any charges for treatment in a hospitalnew text begin or other inpatient facilitynew text end located
outside of the state of Minnesota in which the covered person is receiving treatment for a
mental or nervous disorder, unless similar treatment for the mental or nervous disorder is
medically necessary, unavailable in Minnesota and provided upon referral by a licensed
Minnesota medical practitioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 62E.141, is amended to read:


62E.141 INCLUSION IN EMPLOYER-SPONSORED PLAN.

No employee of an employer that offers a health plan, under which the employee is
eligible for coverage, is eligible to enroll, or continue to be enrolled, in the comprehensive
health association, except for enrollment or continued enrollment necessary to cover
deleted text begin conditionsdeleted text end new text begin a conditionnew text end that deleted text begin aredeleted text end new text begin isnew text end subject to an unexpired preexisting condition limitation,
preexisting condition exclusion, or exclusionary rider under the employer's health plan.
This section does not apply to persons enrolled in the Comprehensive Health Association
as of June 30, 1993. With respect to persons eligible to enroll in the health plan of an
employer that has more than 29 current employees, as defined in section 62L.02, this
section does not apply to persons enrolled in the Comprehensive Health Association as
of December 31, 1994.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end