1.1 A bill for an act
1.2 relating to health; modifying the evaluation process for mandated health benefit
1.3 proposals; amending Minnesota Statutes 2024, sections 62J.26, subdivisions 1, 2,
1.4 3, by adding subdivisions; 256B.0625, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 62J.26, subdivision 1, is amended to read:
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.8the meanings given unless the context otherwise requires:
1.9 (1) "commissioner" means the commissioner of commerce;
1.10 (2) "enrollee" has the meaning given in section 62Q.01, subdivision 2b;
1.11 (3) "health plan" means a health plan as defined in section 62A.011, subdivision 3, but
1.12includes coverage listed in clauses (7) and (10) of that definition;
1.13 (4) "mandated health benefit proposal" or "proposal" means a proposal that would
1.14statutorily require a health plan company to do the following:
1.15 (i) provide coverage or increase the amount of coverage for the treatment of a particular
1.16disease, condition, or other health care need;
1.17 (ii) provide coverage or increase the amount of coverage of a particular type of health
1.18care treatment or service or of equipment, supplies, or drugs used in connection with a health
1.19care treatment or service; or
1.20 (iii) provide coverage for care delivered by a specific type of provider; and
1.21 (iv) require a particular benefit design or impose conditions on cost-sharing for:
1Section 1.
S1407-1 1st EngrossmentSF1407 REVISOR SGS
SENATE
STATE OF MINNESOTA
S.F. No. 1407NINETY-FOURTH SESSION
(SENATE AUTHORS: MANN, Klein and Latz)
OFFICIAL STATUSD-PGDATE
Introduction and first reading38902/13/2025
Referred to Commerce and Consumer Protection
Comm report: To pass as amended and re-refer to Health and Human Services03/10/2025 2.1 (A) the treatment of a particular disease, condition, or other health care need;
2.2 (B) a particular type of health care treatment or service; or
2.3 (C) the provision of medical equipment, supplies, or a prescription drug used in
2.4connection with treating a particular disease, condition, or other health care need; or
2.5 (v) impose limits or conditions on a contract between a health plan company and a health
2.6care provider.
2.7 (5) "Minnesota public health care program" means a public health care program
2.8administered by the commissioner of human services under chapters 256B and 256L.
2.9 (b) "Mandated health benefit proposal" does not include health benefit proposals:
2.10 (1) amending the scope of practice of a licensed health care professional; or
2.11 (2) that make state law consistent with federal law; or
2.12 (3) that apply exclusively to Minnesota public health care programs.
2.13 Sec. 2. Minnesota Statutes 2024, section 62J.26, subdivision 2, is amended to read:
2.14 Subd. 2.Evaluation process and content.(a) The commissioner, in consultation with
2.15the commissioners of health, human services, and management and budget, must evaluate
2.16all mandated health benefit proposals as provided under subdivision 3.
2.17 (b) The purpose of the evaluation is to provide the legislature with a complete and timely
2.18analysis of all ramifications of any mandated health benefit proposal. The evaluation must
2.19include, in addition to other relevant information, the following to the extent applicable:
2.20 (1) scientific and medical information on the mandated health benefit proposal, on the
2.21potential for harm or benefit to the patient, and on the comparative benefit or harm from
2.22alternative forms of treatment, and must include the results of at least one professionally
2.23accepted and controlled trial comparing the medical consequences of the proposed therapy,
2.24alternative therapy, and no therapy;
2.25 (2) public health, economic, and fiscal impacts of the mandated health benefit proposal
2.26on persons receiving health services in Minnesota, on persons receiving health services in
2.27a Minnesota public health care program, on the relative cost-effectiveness of the proposal,
2.28and on the health care system in general;
2.29 (3) the extent to which the treatment, service, equipment, or drug is generally utilized
2.30by a significant portion of the population and used in the Minnesota public health care
2.31programs;
2Sec. 2.
S1407-1 1st EngrossmentSF1407 REVISOR SGS 3.1 (4) the extent to which insurance coverage for the mandated health benefit proposal is
3.2already generally available and available in the Minnesota public health care programs;
3.3 (5) the extent to which the mandated health benefit proposal, by health plan category,
3.4would apply to the benefits offered to the health plan's enrollees and enrollees in the
3.5Minnesota public health care programs;
3.6 (6) the extent to which the mandated health benefit proposal will increase or decrease
3.7the cost of the treatment, service, equipment, or drug;
3.8 (7) the extent to which the mandated health benefit proposal may increase enrollee
3.9premiums; and
3.10 (8) if the proposal applies to a qualified health plan as defined in section 62A.011,
3.11subdivision 7, the cost to the state to defray the cost of the mandated health benefit proposal
3.12using commercial market reimbursement rates in accordance with Code of Federal
3.13Regulations, title 45, section 155.170.
3.14 (c) The commissioner shall consider actuarial analysis done by health plan companies
3.15and any other proponent or opponent of the mandated health benefit proposal in determining
3.16the cost of the proposal.
3.17 (d) The commissioner must summarize the nature and quality of available information
3.18on these issues, and, if possible, must provide preliminary information to the public. The
3.19commissioner may conduct research on these issues or may determine that existing research
3.20is sufficient to meet the informational needs of the legislature. The commissioner may seek
3.21the assistance and advice of researchers, community leaders, or other persons or organizations
3.22with relevant expertise. The commissioner must provide the public with at least 45 days'
3.23notice when requesting information pursuant to this section. The commissioner must notify
3.24the chief authors of a bill when a request for information is issued.
3.25 (e) Information submitted to the commissioner pursuant to this section that meets the
3.26definition of trade secret information, as defined in section 13.37, subdivision 1, paragraph
3.27(b), is nonpublic data.
3.28 (f) The commissioner must publish all evaluations conducted under this section on a
3.29publicly available website within 30 days of the evaluation's completion.
3.30 Sec. 3. Minnesota Statutes 2024, section 62J.26, subdivision 3, is amended to read:
3.31 Subd. 3.Requirements for evaluation.(a) No later than August 1 of the year preceding
3.32the legislative session in which a an incumbent legislator is planning on introducing a bill
3Sec. 3.
S1407-1 1st EngrossmentSF1407 REVISOR SGS 4.1containing a mandated health benefit proposal, or is planning on offering an amendment to
4.2a bill that adds a mandated health benefit, the prospective author must notify the chair of
4.3one of the standing legislative committees that have jurisdiction over the subject matter of
4.4the proposal. The legislator is not required to provide the text of the mandated health benefit
4.5proposal. No later than 15 days after notification is received, the chair must notify the
4.6commissioner that an evaluation of a mandated health benefit proposal is required to be
4.7completed in accordance with this section in order to inform the legislature before any action
4.8is taken on the proposal by either house of the legislature.
4.9 (b) The commissioner must conduct an evaluation described in subdivision 2 of each
4.10mandated health benefit proposal for which an evaluation is required under paragraph (a).
4.11 (c) If the evaluation of multiple proposals are required, the commissioner must consult
4.12with the chairs of the standing legislative committees having jurisdiction over the subject
4.13matter of the mandated health benefit proposals to prioritize the evaluations and establish
4.14a reporting date for each proposal to be evaluated.
4.15 (d) By December 31 of the year in which a mandated health benefit proposal, for which
4.16an evaluation described in subdivision 2 has not been conducted, is enacted, the commissioner
4.17must conduct an evaluation described in subdivision 2. The evaluation required by this
4.18paragraph applies to mandated health benefit proposals:
4.19 (1) introduced or offered by a legislator who was not seated by the deadline for
4.20notification under paragraph (a);
4.21 (2) enacted without conformity to paragraph (a); or
4.22 (3) for which an evaluation was required under paragraph (b) but was not conducted.
4.23 Sec. 4. Minnesota Statutes 2024, section 62J.26, is amended by adding a subdivision to
4.24read:
4.25 Subd. 6.Conformity.A mandated health benefit proposal enacted into law is effective
4.26whether or not it is in conformity with this section.
4.27 Sec. 5. Minnesota Statutes 2024, section 62J.26, is amended by adding a subdivision to
4.28read:
4.29 Subd. 7.Rulemaking.(a) The commissioner of commerce must adopt forms, by July
4.301, 2026, for the following:
4Sec. 5.
S1407-1 1st EngrossmentSF1407 REVISOR SGS 5.1 (1) an incumbent legislator to notify the chair of the mandated health benefit proposal
5.2under subdivision 3, paragraph (a); and
5.3 (2) the chair to notify the commissioner of the mandated health benefit proposal under
5.4subdivision 3, paragraph (a).
5.5 (b) The forms adopted under this subdivision must include all information needed from
5.6the legislator introducing or offering the mandated health benefit proposal for the
5.7commissioner to conduct the required evaluation.
5.8 Sec. 6. Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
5.9to read:
5.10 Subd. 77.Mandated health benefits.A mandated health benefit proposal, as defined
5.11in section 62J.26, enacted into law does not apply to medical assistance fee-for-service
5.12unless the mandate or subsequently enacted legislation expressly applies the mandate to
5.13medical assistance fee-for-service. This subdivision is not intended to change existing
5.14coverage or plan design in medical assistance or MinnesotaCare.
5Sec. 6.
S1407-1 1st EngrossmentSF1407 REVISOR SGS