2006 Minnesota Statutes

62Q.80 COMMUNITY-BASED HEALTH CARE COVERAGE PROGRAM.
    Subdivision 1. Scope. (a) A community-based health care initiative may develop and operate
a community-based health care coverage program that offers to eligible individuals and their
dependents the option of purchasing through their employer health care coverage on a fixed
prepaid basis without meeting the requirements of chapter 60A, 62A, 62C, 62D, 62Q, or 62T, or
any other law or rule that applies to entities licensed under these chapters.
(b) The initiative shall establish health outcomes to be achieved through the program and
performance measurements in order to determine whether these outcomes have been met. The
outcomes must include, but are not limited to:
(1) a reduction in uncompensated care provided by providers participating in the
community-based health network;
(2) an increase in the delivery of preventive health care services; and
(3) health improvement for enrollees with chronic health conditions through the management
of these conditions.
In establishing performance measurements, the initiative shall use measures that are consistent
with measures published by nonprofit Minnesota or national organizations that produce and
disseminate health care quality measures.
(c) Any program established under this section shall not constitute a financial liability for the
state, in that any financial risk involved in the operation or termination of the program shall be
borne by the community-based initiative and the participating health care providers.
    Subd. 2. Definitions. For purposes of this section, the following definitions apply:
(a) "Community-based" means located in or primarily relating to the community
of geographically contiguous political subdivisions, as determined by the board of a
community-based health initiative that is served by the community-based health care coverage
program.
(b) "Community-based health care coverage program" or "program" means a program
administered by a community-based health initiative that provides health care services through
provider members of a community-based health network or combination of networks to eligible
individuals and their dependents who are enrolled in the program.
(c) "Community-based health initiative" means a nonprofit corporation that is governed
by a board that has at least 80 percent of its members residing in the community and includes
representatives of the participating network providers and employers.
(d) "Community-based health network" means a contract-based network of health care
providers organized by the community-based health initiative to provide or support the delivery
of health care services to enrollees of the community-based health care coverage program on a
risk-sharing or nonrisk-sharing basis.
(e) "Dependent" means an eligible employee's spouse or unmarried child who is under
the age of 19 years.
    Subd. 3. Approval. (a) Prior to the operation of a community-based health care coverage
program, a community-based health initiative shall submit to the commissioner of health for
approval the community-based health care coverage program developed by the initiative. The
commissioner shall only approve a program that has been awarded a community access program
grant from the United States Department of Health and Human Services. The commissioner shall
ensure that the program meets the federal grant requirements and any requirements described in
this section and is actuarially sound based on a review of appropriate records and methods utilized
by the community-based health initiative in establishing premium rates for the community-based
health care coverage program.
(b) Prior to approval, the commissioner shall also ensure that:
(1) the benefits offered comply with subdivision 8 and that there are adequate numbers of
health care providers participating in the community-based health network to deliver the benefits
offered under the program;
(2) the activities of the program are limited to activities that are exempt under this section or
otherwise from regulation by the commissioner of commerce;
(3) the complaint resolution process meets the requirements of subdivision 10; and
(4) the data privacy policies and procedures comply with state and federal law.
    Subd. 4. Establishment. (a) The initiative shall establish and operate upon approval by the
commissioner of health a community-based health care coverage program. The operational
structure established by the initiative shall include, but is not limited to:
(1) establishing a process for enrolling eligible individuals and their dependents;
(2) collecting and coordinating premiums from enrollees and employers of enrollees;
(3) providing payment to participating providers;
(4) establishing a benefit set according to subdivision 8 and establishing premium rates and
cost-sharing requirements;
(5) creating incentives to encourage primary care and wellness services; and
(6) initiating disease management services, as appropriate.
(b) The payments collected under paragraph (a), clause (2), may be used to capture available
federal funds.
    Subd. 5. Qualifying employees. To be eligible for the community-based health care
coverage program, an individual must:
(1) reside in or work within the designated community-based geographic area served by the
program;
(2) be employed by a qualifying employer or be an employee's dependent;
(3) not be enrolled in or have currently available health coverage; and
(4) not be enrolled in medical assistance, general assistance medical care, MinnesotaCare, or
Medicare.
    Subd. 6. Qualifying employers. (a) To qualify for participation in the community-based
health care coverage program, an employer must:
(1) employ at least one but no more than 50 employees at the time of initial enrollment
in the program;
(2) pay its employees a median wage of $12.50 per hour or less; and
(3) not have offered employer-subsidized health coverage to its employees for at least
12 months prior to the initial enrollment in the program. For purposes of this section,
"employer-subsidized health coverage" means health care coverage for which the employer pays
at least 50 percent of the cost of coverage for the employee.
(b) To participate in the program, a qualifying employer agrees to:
(1) offer health care coverage through the program to all eligible employees and their
dependents regardless of health status;
(2) participate in the program for an initial term of at least one year;
(3) pay a percentage of the premium established by the initiative for the employee; and
(4) provide the initiative with any employee information deemed necessary by the initiative
to determine eligibility and premium payments.
    Subd. 7. Participating providers. Any health care provider participating in the
community-based health network must accept as payment in full the payment rate established
by the initiative and may not charge to or collect from an enrollee any amount in access of this
amount for any service covered under the program.
    Subd. 8. Coverage. (a) The initiative shall establish the health care benefits offered through
the community-based health care coverage program. The benefits established shall include,
at a minimum:
(1) child health supervision services up to age 18, as defined under section 62A.047; and
(2) preventive services, including:
(i) health education and wellness services;
(ii) health supervision, evaluation, and follow-up;
(iii) immunizations; and
(iv) early disease detection.
(b) Coverage of health care services offered by the program may be limited to participating
health care providers or health networks. All services covered under the program must be services
that are offered within the scope of practice of the participating health care providers.
(c) The initiative may establish cost-sharing requirements. Any co-payment or deductible
provisions established may not discriminate on the basis of age, sex, race, disability, economic
status, or length of enrollment in the program.
(d) If the initiative amends or alters the benefits offered through the program from the
initial offering, the initiative must notify the commissioner of health and all enrollees of the
benefit change.
    Subd. 9. Enrollee information. (a) The initiative must provide an individual or family
who enrolls in the program a clear and concise written statement that includes the following
information:
(1) health care services that are provided under the program;
(2) any exclusions or limitations on the health care services offered, including any
cost-sharing arrangements or prior authorization requirements;
(3) a list of where the health care services can be obtained and that all health care services
must be provided by or through a participating health care provider or community-based health
network;
(4) a description of the program's complaint resolution process, including how to submit a
complaint; how to file a complaint with the commissioner of health; and how to obtain an external
review of any adverse decisions as provided under subdivision 10;
(5) the conditions under which the program or coverage under the program may be canceled
or terminated; and
(6) a precise statement specifying that this program is not an insurance product and, as such,
is exempt from state regulation of insurance products.
(b) The commissioner of health must approve a copy of the written statement prior to the
operation of the program.
    Subd. 10. Complaint resolution process. (a) The initiative must establish a complaint
resolution process. The process must make reasonable efforts to resolve complaints and to inform
complainants in writing of the initiative's decision within 60 days of receiving the complaint. Any
decision that is adverse to the enrollee shall include a description of the right to an external review
as provided in paragraph (c) and how to exercise this right.
(b) The initiative must report any complaint that is not resolved within 60 days to the
commissioner of health.
(c) The initiative must include in the complaint resolution process the ability of an enrollee
to pursue the external review process provided under section 62Q.73 with any decision rendered
under this external review process binding on the initiative.
    Subd. 11. Data privacy. The initiative shall establish data privacy policies and procedures
for the program that comply with state and federal data privacy laws.
    Subd. 12. Limitations on enrollment. (a) The initiative may limit enrollment in the
program. If enrollment is limited, a waiting list must be established.
(b) The initiative shall not restrict or deny enrollment in the program except for nonpayment
of premiums, fraud or misrepresentation, or as otherwise permitted under this section.
(c) The initiative may require a certain percentage of participation from eligible employees
of a qualifying employer before coverage can be offered through the program.
    Subd. 13. Report. (a) The initiative shall submit quarterly status reports to the commissioner
of health on January 15, April 15, July 15, and October 15 of each year, with the first report due
January 15, 2007. The status report shall include:
(1) the financial status of the program, including the premium rates, cost per member per
month, claims paid out, premiums received, and administrative expenses;
(2) a description of the health care benefits offered and the services utilized;
(3) the number of employers participating, the number of employees and dependents covered
under the program, and the number of health care providers participating;
(4) a description of the health outcomes to be achieved by the program and a status report on
the performance measurements to be used and collected; and
(5) any other information requested by the commissioner of health or commerce or the
legislature.
(b) The initiative shall contract with an independent entity to conduct an evaluation of the
program to be submitted to the commissioners of health and commerce and the legislature by
January 15, 2009. The evaluation shall include:
(1) an analysis of the health outcomes established by the initiative and the performance
measurements to determine whether the outcomes are being achieved;
(2) an analysis of the financial status of the program, including the claims to premiums
loss ratio and utilization and cost experience;
(3) the demographics of the enrollees, including their age, gender, family income, and
the number of dependents;
(4) the number of employers and employees who have been denied access to the program
and the basis for the denial;
(5) specific analysis on enrollees who have aggregate medical claims totaling over $5,000
per year, including data on the enrollee's main diagnosis and whether all the medical claims
were covered by the program;
(6) number of enrollees referred to state public assistance programs;
(7) a comparison of employer-subsidized health coverage provided in a comparable
geographic area to the designated community-based geographic area served by the program,
including, to the extent available:
(i) the difference in the number of employers with 50 or fewer employees offering
employer-subsidized health coverage;
(ii) the difference in uncompensated care being provided in each area; and
(iii) a comparison of health care outcomes and measurements established by the initiative;
and
(8) any other information requested by the commissioner of health or commerce.
    Subd. 14. Sunset. This section expires December 31, 2011.
History: 2006 c 255 s 35