3 | | - | 1.3 proposals; amending Minnesota Statutes 2024, section 62J.26, subdivisions 1, 2, |
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4 | | - | 1.4 3, by adding subdivisions. |
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| 3 | + | 1.3 proposals; amending Minnesota Statutes 2024, sections 62J.26, subdivisions 1, 2, |
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| 4 | + | 1.4 3, by adding subdivisions; 256B.0625, by adding a subdivision. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 62J.26, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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8 | 8 | | 1.8the meanings given unless the context otherwise requires: |
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9 | 9 | | 1.9 (1) "commissioner" means the commissioner of commerce; |
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10 | 10 | | 1.10 (2) "enrollee" has the meaning given in section 62Q.01, subdivision 2b; |
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11 | 11 | | 1.11 (3) "health plan" means a health plan as defined in section 62A.011, subdivision 3, but |
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12 | 12 | | 1.12includes coverage listed in clauses (7) and (10) of that definition; |
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13 | 13 | | 1.13 (4) "mandated health benefit proposal" or "proposal" means a proposal that would |
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14 | 14 | | 1.14statutorily require a health plan company to do the following: |
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15 | 15 | | 1.15 (i) provide coverage or increase the amount of coverage for the treatment of a particular |
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16 | 16 | | 1.16disease, condition, or other health care need; |
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17 | 17 | | 1.17 (ii) provide coverage or increase the amount of coverage of a particular type of health |
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18 | 18 | | 1.18care treatment or service or of equipment, supplies, or drugs used in connection with a health |
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19 | 19 | | 1.19care treatment or service; or |
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20 | 20 | | 1.20 (iii) provide coverage for care delivered by a specific type of provider; and |
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21 | 21 | | 1.21 (iv) require a particular benefit design or impose conditions on cost-sharing for: |
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22 | 22 | | 1Section 1. |
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33 | 32 | | 2.2 (B) a particular type of health care treatment or service; or |
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34 | 33 | | 2.3 (C) the provision of medical equipment, supplies, or a prescription drug used in |
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35 | 34 | | 2.4connection with treating a particular disease, condition, or other health care need; or |
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36 | 35 | | 2.5 (v) impose limits or conditions on a contract between a health plan company and a health |
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37 | 36 | | 2.6care provider. |
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38 | 37 | | 2.7 (5) "Minnesota public health care program" means a public health care program |
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39 | 38 | | 2.8administered by the commissioner of human services under chapters 256B and 256L. |
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40 | 39 | | 2.9 (b) "Mandated health benefit proposal" does not include health benefit proposals: |
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41 | 40 | | 2.10 (1) amending the scope of practice of a licensed health care professional; or |
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42 | 41 | | 2.11 (2) that make state law consistent with federal law; or |
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43 | 42 | | 2.12 (3) that apply exclusively to Minnesota public health care programs. |
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44 | 43 | | 2.13 Sec. 2. Minnesota Statutes 2024, section 62J.26, subdivision 2, is amended to read: |
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45 | 44 | | 2.14 Subd. 2.Evaluation process and content.(a) The commissioner, in consultation with |
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46 | 45 | | 2.15the commissioners of health, human services, and management and budget, must evaluate |
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47 | 46 | | 2.16all mandated health benefit proposals as provided under subdivision 3. |
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48 | 47 | | 2.17 (b) The purpose of the evaluation is to provide the legislature with a complete and timely |
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49 | 48 | | 2.18analysis of all ramifications of any mandated health benefit proposal. The evaluation must |
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50 | 49 | | 2.19include, in addition to other relevant information, the following to the extent applicable: |
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51 | 50 | | 2.20 (1) scientific and medical information on the mandated health benefit proposal, on the |
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52 | 51 | | 2.21potential for harm or benefit to the patient, and on the comparative benefit or harm from |
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53 | 52 | | 2.22alternative forms of treatment, and must include the results of at least one professionally |
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54 | 53 | | 2.23accepted and controlled trial comparing the medical consequences of the proposed therapy, |
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55 | 54 | | 2.24alternative therapy, and no therapy; |
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56 | 55 | | 2.25 (2) public health, economic, and fiscal impacts of the mandated health benefit proposal |
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57 | 56 | | 2.26on persons receiving health services in Minnesota, on persons receiving health services in |
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58 | 57 | | 2.27a Minnesota public health care program, on the relative cost-effectiveness of the proposal, |
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59 | 58 | | 2.28and on the health care system in general; |
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60 | 59 | | 2.29 (3) the extent to which the treatment, service, equipment, or drug is generally utilized |
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61 | 60 | | 2.30by a significant portion of the population and used in the Minnesota public health care |
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62 | 61 | | 2.31programs; |
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63 | 62 | | 2Sec. 2. |
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65 | 64 | | 3.2already generally available and available in the Minnesota public health care programs; |
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66 | 65 | | 3.3 (5) the extent to which the mandated health benefit proposal, by health plan category, |
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67 | 66 | | 3.4would apply to the benefits offered to the health plan's enrollees and enrollees in the |
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68 | 67 | | 3.5Minnesota public health care programs; |
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69 | 68 | | 3.6 (6) the extent to which the mandated health benefit proposal will increase or decrease |
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70 | 69 | | 3.7the cost of the treatment, service, equipment, or drug; |
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71 | 70 | | 3.8 (7) the extent to which the mandated health benefit proposal may increase enrollee |
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72 | 71 | | 3.9premiums; and |
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73 | 72 | | 3.10 (8) if the proposal applies to a qualified health plan as defined in section 62A.011, |
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74 | 73 | | 3.11subdivision 7, the cost to the state to defray the cost of the mandated health benefit proposal |
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75 | 74 | | 3.12using commercial market reimbursement rates in accordance with Code of Federal |
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76 | 75 | | 3.13Regulations, title 45, section 155.170. |
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77 | 76 | | 3.14 (c) The commissioner shall consider actuarial analysis done by health plan companies |
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78 | 77 | | 3.15and any other proponent or opponent of the mandated health benefit proposal in determining |
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79 | 78 | | 3.16the cost of the proposal. |
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80 | 79 | | 3.17 (d) The commissioner must summarize the nature and quality of available information |
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81 | 80 | | 3.18on these issues, and, if possible, must provide preliminary information to the public. The |
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82 | 81 | | 3.19commissioner may conduct research on these issues or may determine that existing research |
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83 | 82 | | 3.20is sufficient to meet the informational needs of the legislature. The commissioner may seek |
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84 | 83 | | 3.21the assistance and advice of researchers, community leaders, or other persons or organizations |
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85 | 84 | | 3.22with relevant expertise. The commissioner must provide the public with at least 45 days' |
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86 | 85 | | 3.23notice when requesting information pursuant to this section. The commissioner must notify |
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87 | 86 | | 3.24the chief authors of a bill when a request for information is issued. |
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88 | 87 | | 3.25 (e) Information submitted to the commissioner pursuant to this section that meets the |
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89 | 88 | | 3.26definition of trade secret information, as defined in section 13.37, subdivision 1, paragraph |
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90 | 89 | | 3.27(b), is nonpublic data. |
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91 | 90 | | 3.28 (f) The commissioner must publish all evaluations conducted under this section on a |
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92 | 91 | | 3.29publicly available website within 30 days of the evaluation's completion. |
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93 | 92 | | 3.30 Sec. 3. Minnesota Statutes 2024, section 62J.26, subdivision 3, is amended to read: |
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94 | 93 | | 3.31 Subd. 3.Requirements for evaluation.(a) No later than August 1 of the year preceding |
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95 | 94 | | 3.32the legislative session in which a an incumbent legislator is planning on introducing a bill |
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96 | 95 | | 3Sec. 3. |
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98 | 97 | | 4.2a bill that adds a mandated health benefit, the prospective author must notify the chair of |
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99 | 98 | | 4.3one of the standing legislative committees that have jurisdiction over the subject matter of |
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100 | 99 | | 4.4the proposal. The legislator is not required to provide the text of the mandated health benefit |
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101 | 100 | | 4.5proposal. No later than 15 days after notification is received, the chair must notify the |
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102 | 101 | | 4.6commissioner that an evaluation of a mandated health benefit proposal is required to be |
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103 | 102 | | 4.7completed in accordance with this section in order to inform the legislature before any action |
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104 | 103 | | 4.8is taken on the proposal by either house of the legislature. |
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105 | 104 | | 4.9 (b) The commissioner must conduct an evaluation described in subdivision 2 of each |
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106 | 105 | | 4.10mandated health benefit proposal for which an evaluation is required under paragraph (a). |
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107 | 106 | | 4.11 (c) If the evaluation of multiple proposals are required, the commissioner must consult |
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108 | 107 | | 4.12with the chairs of the standing legislative committees having jurisdiction over the subject |
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109 | 108 | | 4.13matter of the mandated health benefit proposals to prioritize the evaluations and establish |
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110 | 109 | | 4.14a reporting date for each proposal to be evaluated. |
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111 | 110 | | 4.15 (d) By December 31 of the year in which a mandated health benefit proposal, for which |
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112 | 111 | | 4.16an evaluation described in subdivision 2 has not been conducted, is enacted, the commissioner |
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113 | 112 | | 4.17must conduct an evaluation described in subdivision 2. The evaluation required by this |
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114 | 113 | | 4.18paragraph applies to mandated health benefit proposals: |
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115 | 114 | | 4.19 (1) introduced or offered by a legislator who was not seated by the deadline for |
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116 | 115 | | 4.20notification under paragraph (a); |
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117 | 116 | | 4.21 (2) enacted without conformity to paragraph (a); or |
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118 | 117 | | 4.22 (3) for which an evaluation was required under paragraph (b) but was not conducted. |
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119 | 118 | | 4.23 Sec. 4. Minnesota Statutes 2024, section 62J.26, is amended by adding a subdivision to |
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120 | 119 | | 4.24read: |
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121 | 120 | | 4.25 Subd. 6.Conformity.A mandated health benefit proposal enacted into law is effective |
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122 | 121 | | 4.26whether or not it is in conformity with this section. |
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123 | 122 | | 4.27 Sec. 5. Minnesota Statutes 2024, section 62J.26, is amended by adding a subdivision to |
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124 | 123 | | 4.28read: |
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135 | | - | 5Sec. 5. |
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136 | | - | S1407-2 2nd EngrossmentSF1407 REVISOR SGS |
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| 134 | + | 5.8 Sec. 6. Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision |
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| 135 | + | 5.9to read: |
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| 136 | + | 5.10 Subd. 77.Mandated health benefits.A mandated health benefit proposal, as defined |
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| 137 | + | 5.11in section 62J.26, enacted into law does not apply to medical assistance fee-for-service |
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| 138 | + | 5.12unless the mandate or subsequently enacted legislation expressly applies the mandate to |
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| 139 | + | 5.13medical assistance fee-for-service. This subdivision is not intended to change existing |
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| 140 | + | 5.14coverage or plan design in medical assistance or MinnesotaCare. |
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| 141 | + | 5Sec. 6. |
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| 142 | + | S1407-1 1st EngrossmentSF1407 REVISOR SGS |
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