Bill Text: MN HF5 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minnesota Insurance Marketplace established, powers and duties prescribed, person's physician of choice right recognized, right to not participate established, open meeting requirements and data practice procedures specified, funding provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 34-0)
Status: (Passed) 2013-03-21 - Secretary of State Chapter 9 03/20/2013 [HF5 Detail]
Download: Minnesota-2013-HF5-Engrossed.html
1.2relating to commerce; establishing the Minnesota Insurance Marketplace;
1.3prescribing its powers and duties; establishing the right not to participate;
1.4appropriating money;amending Minnesota Statutes 2012, section 13.7191, by
1.5adding a subdivision; proposing coding for new law as Minnesota Statutes,
1.6chapter 62V.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.7191, is amended by adding a
1.9subdivision to read:
1.10 Subd. 14a. Minnesota Insurance Marketplace. Classification and sharing of data
1.11of the Minnesota Insurance Marketplace is governed by section 62V.06.
1.12 Sec. 2. [62V.01] TITLE.
1.13This chapter may be cited as the "Minnesota Insurance Marketplace Act."
1.14 Sec. 3. [62V.02] DEFINITIONS.
1.15 Subdivision 1. Scope. For the purposes of this chapter, the following terms have
1.16the meanings given.
1.17 Subd. 2. Board. "Board" means the board of directors specified in section 62V.04.
1.18 Subd. 3. Health benefit plan. "Health benefit plan" means a policy, contract,
1.19certificate, or agreement defined in section 62A.011, subdivision 3, and a dental plan
1.20defined in section 62Q.76, subdivision 3.
1.21 Subd. 4. Health carrier. "Health carrier" has the meaning defined in section
1.2262A.011.
2.1 Subd. 5. Individual market. "Individual market" means the market for health
2.2insurance coverage offered to individuals.
2.3 Subd. 6. Insurance producer. "Insurance producer" has the meaning defined
2.4in section 60K.31.
2.5 Subd. 7. Minnesota Insurance Marketplace. "Minnesota Insurance Marketplace"
2.6means the Minnesota Insurance Marketplace created as a state health benefit exchange
2.7as described in section 1311 of the federal Patient Protection and Affordable Care Act
2.8(Public Law 111-148), and further defined through amendments to the act and regulations
2.9issued under the act.
2.10 Subd. 8. Navigator. "Navigator" has the meaning described in section 1311(i) of
2.11the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further
2.12defined through amendments to the act and regulations issued under the act.
2.13 Subd. 9. Exchange enrollment public health care program. "Exchange
2.14enrollment public health care program" means any exchange enrollment public health care
2.15program administered by the commissioner of human services whereby eligibility for the
2.16program is determined according to a modified adjusted gross income standard.
2.17 Subd. 10. Small group market. "Small group market" means the market for health
2.18insurance coverage offered to small employers as defined in section 62L.02, subdivision 26.
2.19 Sec. 4. [62V.03] MINNESOTA INSURANCE MARKETPLACE;
2.20ESTABLISHMENT.
2.21 Subdivision 1. Creation. The Minnesota Insurance Marketplace is created as a
2.22board under section 15.012, paragraph (a), to:
2.23(1) promote innovation, competition, quality, value, market participation,
2.24affordability, suitable and meaningful choices, health improvement, care management,
2.25and portability of health benefit plans;
2.26(2) facilitate and simplify the comparison, choice, enrollment, and purchase of health
2.27benefit plans for individuals purchasing in the individual market through the Minnesota
2.28Insurance Marketplace and for employees and employers purchasing in the small group
2.29market through the Minnesota Insurance Marketplace;
2.30(3) assist small employers with access to small business health insurance tax credits
2.31and to assist individuals with access to exchange enrollment public health care programs,
2.32premium assistance tax credits and cost-sharing reductions, and certificates of exemption
2.33from individual responsibility requirements;
2.34(4) facilitate the integration and transition of individuals between exchange
2.35enrollment public health care programs and health benefit plans in the individual or
3.1group market and develop processes that, to the maximum extent possible, provide for
3.2continuous coverage;
3.3 (5) establish a name for the Web-based exchange based on market studies that show
3.4maximum effectiveness in attracting the uninsured and motivating them to take action; and
3.5 (6) evaluate the effectiveness of the outreach and implementation activities of the
3.6Minnesota Insurance Marketplace in reducing the rate of uninsurance in Minnesota and
3.7in addressing the above responsibilities.
3.8 Subd. 2. Application of other law. (a) The Minnesota Insurance Marketplace must
3.9be reviewed by the legislative auditor under section 3.971. The legislative auditor shall
3.10audit the books, accounts, and affairs of the Minnesota Insurance Marketplace once each
3.11year or less frequently as the legislative auditor's funds and personnel permit.
3.12(b) Board members of the Minnesota Insurance Marketplace are subject to section
3.1310A.07. Board members and the personnel of the Minnesota Insurance Marketplace
3.14are subject to section 10A.071.
3.15(c) All meetings of the board shall comply with the open meeting law in chapter
3.1613D, except that:
3.17(1) meetings regarding personnel negotiations may be closed at the discretion of
3.18the board;
3.19(2) meetings regarding contract negotiations may be closed at the discretion of
3.20the board; and
3.21(3) meetings regarding private, not public, nonpublic, or trade secret information
3.22are closed to the public.
3.23(d) The Minnesota Insurance Marketplace and provisions specified under this
3.24chapter are exempt from:
3.25(1) chapter 14, including section 14.386 but not sections 14.48 to 14.69; and
3.26(2) chapters 16B and 16C, with the exception of sections 16C.08, subdivision
3.272, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and
3.28(3), paragraph (b), and paragraph (c); and section 16C.16. However, the Minnesota
3.29Insurance Marketplace, in consultation with the commissioner of administration, shall
3.30implement policies and procedures to establish an open and competitive procurement
3.31process for the Minnesota Insurance Marketplace that, to the extent practicable, conforms
3.32to the principles and procedures contained in chapters 16B and 16C. In addition, the
3.33Minnesota Insurance Marketplace may enter into an agreement with the commissioner of
3.34administration for other services.
3.35 Sec. 5. [62V.04] GOVERNANCE.
4.1 Subdivision 1. Board. The Minnesota Insurance Marketplace is governed by a
4.2board of directors with seven members.
4.3 Subd. 2. Appointment. (a) Board membership of the Minnesota Insurance
4.4Marketplace consists of the following:
4.5(1) three members appointed by the governor with the advice and consent of both
4.6the senate and the house of representatives acting separately in accordance with paragraph
4.7(d), with one member representing the interests of individual consumers eligible for
4.8individual market coverage, one member representing individual consumers eligible for
4.9exchange enrollment public health care program coverage, and one member representing
4.10small employers. Members are appointed to serve four-year staggered terms following the
4.11initial staggered-term lot determination;
4.12(2) three members appointed by the governor with the advice and consent of both
4.13the senate and the house of representatives acting separately in accordance with paragraph
4.14(d) who have demonstrated expertise, leadership, and innovation in the following areas:
4.15one member representing the areas of health administration, health care finance, health
4.16plan purchasing, and health care delivery systems; one member representing the areas of
4.17public health, health disparities, exchange enrollment public health care programs, and
4.18the uninsured; and one member representing health policy issues related to the small
4.19group and individual markets. Members are appointed to serve four-year staggered terms
4.20following the initial staggered-term lot determination; and
4.21(3) the commissioner of human services or a designee.
4.22(b) Section 15.0597 shall apply to all appointments, except for the commissioner
4.23and initial appointments.
4.24(c) The governor shall make appointments to the board that are consistent with
4.25federal law and regulations regarding its composition and structure.
4.26(d) Upon appointment by the governor, a board member shall exercise duties of
4.27office immediately. If both the house of representatives and the senate vote not to confirm
4.28an appointment, the appointment terminates on the day following the vote not to confirm
4.29in the second body to vote.
4.30(e) Initial appointments shall be made within 30 days of enactment.
4.31 Subd. 3. Terms. (a) Board members may serve no more than two consecutive
4.32terms, except for the commissioner or the commissioner's designee, who shall serve
4.33until replaced by the governor.
4.34(b) A board member may resign at any time by giving written notice to the board.
5.1(c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2),
5.2shall have an initial term of two, three, or four years, determined by lot by the secretary of
5.3state.
5.4 Subd. 4. Conflicts of interest. Within one year prior to or at any time during their
5.5appointed term, board members appointed under subdivision 2, paragraph (a), clauses (1)
5.6and (2), shall not be employed by, be a member of the board of directors of, or otherwise
5.7be a representative of a health carrier, health care provider, navigator, insurance producer,
5.8or other entity in the business of selling items or services of significant value to or through
5.9the Minnesota Insurance Marketplace. No member of the board may currently serve as a
5.10lobbyist, as defined under section 10A.01, subdivision 21.
5.11 Subd. 5. Acting chair; first meeting; supervision. (a) The governor shall designate
5.12as acting chair one of the appointees described in subdivision 2.
5.13(b) The board shall hold its first meeting within 60 days of enactment.
5.14(c) The board shall elect a chair to replace the acting chair at the first meeting.
5.15 Subd. 6. Chair. The board shall have a chair, elected by a majority of members.
5.16The chair shall serve for one year.
5.17 Subd. 7. Officers. The members of the board shall elect officers by a majority of
5.18members. The officers shall serve for one year.
5.19 Subd. 8. Vacancies. If a vacancy occurs for a board seat that was appointed
5.20by the governor, the governor shall appoint a new member within 90 days, and the
5.21newly appointed member shall be subject to the same confirmation process described in
5.22subdivision 2.
5.23 Subd. 9. Removal. A board member may be removed by the board only for cause,
5.24following notice, hearing, and a two-thirds vote of the board. A conflict of interest as
5.25defined in subdivision 4 shall be cause for removal from the board.
5.26 Subd. 10. Meetings. The board shall meet at least quarterly.
5.27 Subd. 11. Quorum. A majority of the members of the board constitutes a quorum,
5.28and the affirmative vote of a majority of members of the board is necessary and sufficient
5.29for action taken by the board.
5.30 Subd. 12. Compensation. Board members may be compensated according to
5.31section 15.0575.
5.32 Subd. 13. Advisory committees. (a) The board may establish, as necessary,
5.33advisory committees to gather information related to the operation of the Minnesota
5.34Insurance Marketplace.
5.35(b) Section 15.0597 shall not apply to any advisory committee established by the
5.36board.
6.1 Sec. 6. [62V.05] RESPONSIBILITIES AND POWERS OF THE MINNESOTA
6.2INSURANCE MARKETPLACE.
6.3 Subdivision 1. General. (a) The board shall operate the Minnesota Insurance
6.4Marketplace according to this chapter and applicable state and federal law.
6.5(b) The board has the power to:
6.6(1) employ personnel and delegate administrative, operational, and other
6.7responsibilities to the director and other personnel as deemed appropriate by the board.
6.8This authority is subject to chapters 43A and 179A. The director and managerial staff of
6.9the Minnesota Insurance Marketplace shall serve in the unclassified service and shall be
6.10governed by a compensation plan prepared by the board, submitted to the commissioner
6.11of management and budget for review and comment within 14 days of its receipt, and
6.12approved by the Legislative Coordinating Commission and the legislature under section
6.133.855, except that section 15A.0815, subdivision 5, paragraph (e), shall not apply;
6.14(2) establish the budget of the Minnesota Insurance Marketplace;
6.15(3) seek and accept money, grants, loans, donations, materials, services, or
6.16advertising revenue from government agencies, philanthropic organizations, and public
6.17and private sources to fund the operation of the Minnesota Insurance Marketplace;
6.18(4) contract for the receipt and provision of goods and services;
6.19(5) enter into information-sharing agreements with federal and state agencies and
6.20other entities, provided the agreements include adequate protections with respect to
6.21the confidentiality and integrity of the information to be shared, and comply with all
6.22applicable state and federal laws, regulations, and rules, including the requirements of
6.23section 62V.06; and
6.24(6) take any other actions reasonably required to implement and administer its
6.25responsibilities.
6.26(c) The board shall establish policies and procedures to gather public comment and
6.27provide public notice in the State Register.
6.28(d) Within 180 days of enactment, the board shall establish bylaws, policies,
6.29and procedures governing the operations of the Minnesota Insurance Marketplace in
6.30accordance with this chapter.
6.31 Subd. 2. Operations funding. (a) Beginning January 1, 2015, the board may
6.32retain or collect up to 3.5 percent of premiums for individual market and small group
6.33market health benefit plans sold through the Minnesota Insurance Marketplace to fund
6.34the operations of the Minnesota Insurance Marketplace.
6.35(b) Prior to January 1, 2015, the Minnesota Insurance Marketplace shall retain or
6.36collect 3.5 percent of total premiums for individual market and small group market health
7.1benefit plans sold through the Minnesota Insurance Marketplace to fund the operations
7.2of the Minnesota Insurance Marketplace.
7.3 Subd. 3. Insurance producers. (a) The commissioner of management and budget,
7.4in consultation with the commissioner of commerce, shall establish minimum standards
7.5for certifying insurance producers who may sell health benefit plans through the Minnesota
7.6Insurance Marketplace. Producers must complete four hours of training in order to
7.7receive certification. Certification and training shall be administered by the commissioner
7.8of commerce, and the training required under this section shall qualify as continuing
7.9education required under chapter 60K. In order to remain certified under this subdivision,
7.10insurance producers must comply with all applicable certification requirements, including
7.11the requirements established under paragraphs (d) and (e).
7.12(b) Producer compensation shall be established by health carriers that provide health
7.13benefit plans through the Minnesota Insurance Marketplace. Compensation to producers
7.14must be equivalent for health benefit plans sold through the marketplace or outside the
7.15marketplace.
7.16(c) Each health carrier that offers or sells health benefit plans through the Minnesota
7.17Insurance Marketplace shall report in writing to the marketplace on a quarterly basis the
7.18compensation and other incentives it offers or provides to its insurance producers with
7.19regard to each type of health benefit plan the health carrier offers or sells both inside and
7.20outside the marketplace.
7.21(d) An insurance producer that offers health benefits plans for the small group
7.22market in the marketplace shall not discourage an employer from choosing to offer its
7.23employees a defined contribution type of group health benefit plan.
7.24(e) An insurance producer that offers health benefit plans through the Minnesota
7.25Insurance Marketplace shall disclose to prospective purchasers, at the time of the insurance
7.26producer's first contact with the prospective purchaser, the health carriers for which the
7.27insurance producer is authorized to sell health benefit plans through the exchange.
7.28 Subd. 4. Navigator; in-person assisters; call center. (a) The board may establish
7.29policies and procedures for the ongoing operation of a navigator program, in-person
7.30assister program, call center, and customer service provisions for the Minnesota Insurance
7.31Marketplace to be implemented beginning January 1, 2015.
7.32(b) Until the implementation of the policies and procedures described in paragraph
7.33(a), the following shall be in effect:
7.34(1) the navigator program shall be fulfilled through section 256.962;
7.35(2) entities eligible to be navigators, including insurance producers, Indian tribes and
7.36organizations, and counties may serve as in-person assisters;
8.1(3) the commissioner of management and budget shall establish requirements
8.2and compensation for the in-person assister program within 30 days of enactment.
8.3Compensation for in-person assisters must take into account any other compensation
8.4received by the in-person assister for conducting the same or similar services; and
8.5(4) call center operations shall utilize existing state resources and personnel,
8.6including referrals to counties for medical assistance.
8.7(c) The commissioner of management and budget shall establish a toll-free number
8.8for the Minnesota Insurance Marketplace and may hire and contract for additional
8.9resources as deemed necessary.
8.10 Subd. 5. Health carrier requirements; participation. (a) Beginning January 1,
8.112015, the board shall have the power to establish certification requirements for health
8.12carriers and health benefit plans offered through the Minnesota Insurance Marketplace
8.13unless by June 1, 2013, the legislature enacts regulatory requirements that:
8.14(1) apply uniformly to all health carriers and health benefit plans in the individual
8.15market;
8.16(2) apply uniformly to all health carriers and health benefit plans in the small
8.17group market; and
8.18(3) satisfy federal certification requirements for the Minnesota Insurance
8.19Marketplace.
8.20(b) The board has the power to select health carriers and health benefit plans for
8.21participation in the Minnesota Insurance Marketplace from the health carriers and health
8.22benefit plans that have met certification requirements. In the selection process, the board
8.23shall seek to contract with health carriers and health benefit plans so as to provide
8.24health coverage choices that offer the optimal combination of choice, value, quality, and
8.25service. Selection must be determined in the best interests of the individual consumers
8.26and employers and within federal requirements. In determining the best interests, the
8.27board shall consider:
8.28(1) affordability and value;
8.29(2) promotion of high-quality care;
8.30(3) promotion of prevention and wellness;
8.31(4) ensuring access to care;
8.32(5) alignment and coordination with state agency and private sector purchasing
8.33strategies and payment reform efforts; and
8.34(6) other criteria that the board determines appropriate.
8.35(c) For health benefit plans offered through the Minnesota Insurance Marketplace
8.36beginning January 1, 2015, health carriers must use the most current addendum for Indian
9.1health care providers approved by Centers for Medicare and Medicaid Services and the
9.2tribes as part of their contracts with Indian health care providers.
9.3 Subd. 6. Appeals. (a) The board may conduct hearings, appoint hearing officers,
9.4and recommend final orders related to appeals of any Minnesota Insurance Marketplace
9.5determinations, except for those determinations identified in paragraph (d). An appeal
9.6by a health carrier regarding a specific certification or selection determination made by
9.7the Minnesota Insurance Marketplace under subdivision 5, paragraph (a) or (b), must be
9.8conducted as a contested case proceeding under chapter 14, with the report or order of
9.9the administrative law judge constituting the final decision in the case, subject to judicial
9.10review under sections 14.63 to 14.69. For other appeals, the board shall establish hearing
9.11processes which provide for a reasonable opportunity to be heard and timely resolution of
9.12the appeal and which are consistent with the requirements of federal law and guidance.
9.13An appealing party may be represented by legal counsel at these hearings, but this is
9.14not a requirement.
9.15(b) The Minnesota Insurance Marketplace may establish service-level agreements
9.16with state agencies to conduct hearings for appeals. Notwithstanding section 471.59,
9.17subdivision 1, a state agency is authorized to enter into service-level agreements for this
9.18purpose with the Minnesota Insurance Marketplace.
9.19(c) For proceedings under this subdivision, the Minnesota Insurance Marketplace may
9.20be represented by an attorney who is an employee of the Minnesota Insurance Marketplace.
9.21(d) This subdivision does not apply to appeals of determinations where a state
9.22agency hearing is available under section 256.045.
9.23 Subd. 7. Agreements; consultation. (a) The board shall:
9.24(1) establish and maintain an agreement with the chief information officer of
9.25the Office of Enterprise Technology for information technology services that ensures
9.26coordination with exchange enrollment public health care programs. The board may
9.27establish and maintain agreements with the chief information officer of the Office of
9.28Enterprise Technology for other information technology services, including an agreement
9.29that would permit the Minnesota Insurance Marketplace to administer eligibility
9.30for additional health care and public assistance programs under the authority of the
9.31commissioner of human services;
9.32(2) establish and maintain an agreement with the commissioner of human services
9.33for cost allocation and services regarding eligibility determinations and enrollment for
9.34exchange enrollment public health care programs. The board may establish and maintain
9.35an agreement with the commissioner of human services for other services; and
10.1(3) establish and maintain an agreement with the commissioners of commerce
10.2and health for services regarding enforcement of Minnesota Insurance Marketplace
10.3certification requirements for health benefit plans offered through the Minnesota Insurance
10.4Marketplace. The board may establish and maintain agreements with the commissioners
10.5of commerce and health for other services.
10.6(b) The board shall consult with the commissioners of commerce and health
10.7regarding the operations of the Minnesota Insurance Marketplace.
10.8(c) The board shall consult with Indian tribes and organizations regarding the
10.9operation of the Minnesota Insurance Marketplace.
10.10(d) The board shall establish advisory committees to provide the health care industry,
10.11consumers, and other stakeholders with the opportunity to share their perspectives
10.12regarding the operations of the Minnesota Insurance Marketplace.
10.13 Subd. 8. Limitations; risk-bearing. (a) The board shall not bear insurance risk or
10.14enter into any agreement with health care providers to pay claims.
10.15(b) Nothing in this subdivision shall prevent the Minnesota Insurance Marketplace
10.16from providing insurance for its employees.
10.17 Sec. 7. [62V.06] DATA.
10.18(a) The Minnesota Insurance Marketplace is a state agency for purposes of the
10.19Minnesota Government Data Practices Act, and is subject to all provisions of chapter 13,
10.20including the penalties and remedies provided in sections 13.08 to 13.09. The definitions
10.21contained in section 13.02 apply to this section.
10.22(b) Government data of the Minnesota Insurance Marketplace on individuals,
10.23employees of employers, and employers using the Minnesota Insurance Marketplace are
10.24private data on individuals or nonpublic data. The Minnesota Insurance Marketplace may
10.25share not public data with state and federal agencies and other entities if the exchange
10.26of the data is reasonably necessary to carry out the functions of the Minnesota Insurance
10.27Marketplace. State agencies shall share not public data with the Minnesota Insurance
10.28Marketplace if the exchange of the data is reasonably necessary to carry out the functions
10.29of the Minnesota Insurance Marketplace. Notwithstanding the provisions governing
10.30summary data in sections 13.02, subdivision 19, and 13.05, subdivision 7, the Minnesota
10.31Insurance Marketplace may derive summary data from nonpublic data under this section.
10.32(c) The Minnesota Insurance Marketplace must provide a Tennessen warning, as
10.33provided in section 13.04, subdivision 2, to any individual asked to supply private data to
10.34the marketplace. The warning must explicitly list each person or entity authorized by law
10.35to receive or access the data, and list the specific ways in which the data will be used. The
11.1Minnesota Insurance Marketplace may not share or use data in any manner not described
11.2to the data subject in the Tennessen warning. The marketplace must also provide the data
11.3subject a notice of the data subject's rights related to the handling of genetic information,
11.4pursuant to section 13.386. The notice must be provided in an electronic format suitable
11.5for downloading or printing by the data subject.
11.6(d) No later than October 1, 2013, the Minnesota Insurance Marketplace must enter
11.7into a written data sharing agreement with any federal, state, county, or private entity
11.8with which the exchange is authorized by law to share private or nonpublic data. The
11.9contract must specify the types of data that will be shared, and the specific duties of the
11.10exchange that establish a need for the data sharing. Sharing of data that is not authorized
11.11by law and specified in a data sharing agreement is prohibited. A data sharing agreement
11.12entered under this section constitutes a contract with a government entity for purposes
11.13of section 13.05, subdivisions 6 and 11.
11.14 Sec. 8. [62V.07] FUNDS.
11.15All funds received by the Minnesota Insurance Marketplace must be deposited in
11.16a dedicated fund which may earn interest and for the fiscal year ending June 30, 2014,
11.17are appropriated to the Minnesota Insurance Marketplace for the purpose for which the
11.18funds were received.
11.19 Sec. 9. [62V.08] REPORT.
11.20The Minnesota Insurance Marketplace shall submit a report to the legislature by
11.21January 15, 2015, and each January 15 thereafter, on: (1) the performance of Minnesota
11.22Insurance Marketplace operations; (2) meeting the Minnesota Insurance Marketplace
11.23responsibilities; and (3) an accounting of the Minnesota Insurance Marketplace budget
11.24activities.
11.25 Sec. 10. [62V.09] EXPIRATION AND SUNSET EXCLUSION.
11.26Notwithstanding Minnesota Statutes, section 15.059, the Minnesota Insurance
11.27Marketplace Act shall not expire. The board is not subject to review or sunsetting under
11.28Minnesota Statutes, chapter 3D.
11.29 Sec. 11. [62V.10] RIGHT NOT TO PARTICIPATE.
11.30Nothing in this chapter infringes on the right of a Minnesota citizen not to participate
11.31in the Minnesota Insurance Marketplace.
12.1 Sec. 12. TRANSITION OF AUTHORITY.
12.2(a) Upon the effective date of this act, the commissioner of management and budget
12.3shall exercise all authorities and responsibilities under Minnesota Statutes, sections
12.462V.03 and 62V.05 until the board has satisfied the requirements of Minnesota Statutes,
12.5section 62V.05, subdivision 1, paragraph (d).
12.6(b) Upon the establishment of bylaws, policies, and procedures governing the
12.7operations of the Minnesota Insurance Marketplace by the board as required under
12.8Minnesota Statutes, section 62V.05, subdivision 1, paragraph (d), all personnel, assets,
12.9contracts, obligations, and funds managed by the commissioner of management and
12.10budget for the design and development of the Minnesota Insurance Marketplace shall be
12.11transferred to the board. Existing personnel managed by the commissioner of management
12.12and budget for the design and development of the Minnesota Insurance Marketplace shall
12.13staff the board upon enactment.
12.14 Sec. 13. MINNESOTA COMPREHENSIVE HEALTH INSURANCE
12.15TERMINATION.
12.16The commissioner of commerce, in consultation with the board of directors of the
12.17Minnesota Comprehensive Health Insurance Association, has the authority to develop and
12.18implement the phase out and eventual termination of coverage provided by the Minnesota
12.19Comprehensive Health Insurance Association under Minnesota Statutes, chapter 62E. The
12.20phase out of coverage shall begin no sooner than January 1, 2014.
12.21 Sec. 14. EFFECTIVE DATE.
12.22Sections 1 to 13 are effective the day following final enactment. Any actions taken
12.23by any state agencies in furtherance of the design, development, and implementation of the
12.24Minnesota Insurance Marketplace prior to the effective date shall be considered actions
12.25taken by the Minnesota Insurance Marketplace and shall be governed by the provisions of
12.26this chapter and state law. Health benefit plan coverage through the Minnesota Insurance
12.27Marketplace is effective January 1, 2014.
1.3prescribing its powers and duties; establishing the right not to participate;
1.4appropriating money;amending Minnesota Statutes 2012, section 13.7191, by
1.5adding a subdivision; proposing coding for new law as Minnesota Statutes,
1.6chapter 62V.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.7191, is amended by adding a
1.9subdivision to read:
1.10 Subd. 14a. Minnesota Insurance Marketplace. Classification and sharing of data
1.11of the Minnesota Insurance Marketplace is governed by section 62V.06.
1.12 Sec. 2. [62V.01] TITLE.
1.13This chapter may be cited as the "Minnesota Insurance Marketplace Act."
1.14 Sec. 3. [62V.02] DEFINITIONS.
1.15 Subdivision 1. Scope. For the purposes of this chapter, the following terms have
1.16the meanings given.
1.17 Subd. 2. Board. "Board" means the board of directors specified in section 62V.04.
1.18 Subd. 3. Health benefit plan. "Health benefit plan" means a policy, contract,
1.19certificate, or agreement defined in section 62A.011, subdivision 3, and a dental plan
1.20defined in section 62Q.76, subdivision 3.
1.21 Subd. 4. Health carrier. "Health carrier" has the meaning defined in section
1.2262A.011.
2.1 Subd. 5. Individual market. "Individual market" means the market for health
2.2insurance coverage offered to individuals.
2.3 Subd. 6. Insurance producer. "Insurance producer" has the meaning defined
2.4in section 60K.31.
2.5 Subd. 7. Minnesota Insurance Marketplace. "Minnesota Insurance Marketplace"
2.6means the Minnesota Insurance Marketplace created as a state health benefit exchange
2.7as described in section 1311 of the federal Patient Protection and Affordable Care Act
2.8(Public Law 111-148), and further defined through amendments to the act and regulations
2.9issued under the act.
2.10 Subd. 8. Navigator. "Navigator" has the meaning described in section 1311(i) of
2.11the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further
2.12defined through amendments to the act and regulations issued under the act.
2.13 Subd. 9. Exchange enrollment public health care program. "Exchange
2.14enrollment public health care program" means any exchange enrollment public health care
2.15program administered by the commissioner of human services whereby eligibility for the
2.16program is determined according to a modified adjusted gross income standard.
2.17 Subd. 10. Small group market. "Small group market" means the market for health
2.18insurance coverage offered to small employers as defined in section 62L.02, subdivision 26.
2.19 Sec. 4. [62V.03] MINNESOTA INSURANCE MARKETPLACE;
2.20ESTABLISHMENT.
2.21 Subdivision 1. Creation. The Minnesota Insurance Marketplace is created as a
2.22board under section 15.012, paragraph (a), to:
2.23(1) promote innovation, competition, quality, value, market participation,
2.24affordability, suitable and meaningful choices, health improvement, care management,
2.25and portability of health benefit plans;
2.26(2) facilitate and simplify the comparison, choice, enrollment, and purchase of health
2.27benefit plans for individuals purchasing in the individual market through the Minnesota
2.28Insurance Marketplace and for employees and employers purchasing in the small group
2.29market through the Minnesota Insurance Marketplace;
2.30(3) assist small employers with access to small business health insurance tax credits
2.31and to assist individuals with access to exchange enrollment public health care programs,
2.32premium assistance tax credits and cost-sharing reductions, and certificates of exemption
2.33from individual responsibility requirements;
2.34(4) facilitate the integration and transition of individuals between exchange
2.35enrollment public health care programs and health benefit plans in the individual or
3.1group market and develop processes that, to the maximum extent possible, provide for
3.2continuous coverage;
3.3 (5) establish a name for the Web-based exchange based on market studies that show
3.4maximum effectiveness in attracting the uninsured and motivating them to take action; and
3.5 (6) evaluate the effectiveness of the outreach and implementation activities of the
3.6Minnesota Insurance Marketplace in reducing the rate of uninsurance in Minnesota and
3.7in addressing the above responsibilities.
3.8 Subd. 2. Application of other law. (a) The Minnesota Insurance Marketplace must
3.9be reviewed by the legislative auditor under section 3.971. The legislative auditor shall
3.10audit the books, accounts, and affairs of the Minnesota Insurance Marketplace once each
3.11year or less frequently as the legislative auditor's funds and personnel permit.
3.12(b) Board members of the Minnesota Insurance Marketplace are subject to section
3.1310A.07. Board members and the personnel of the Minnesota Insurance Marketplace
3.14are subject to section 10A.071.
3.15(c) All meetings of the board shall comply with the open meeting law in chapter
3.1613D, except that:
3.17(1) meetings regarding personnel negotiations may be closed at the discretion of
3.18the board;
3.19(2) meetings regarding contract negotiations may be closed at the discretion of
3.20the board; and
3.21(3) meetings regarding private, not public, nonpublic, or trade secret information
3.22are closed to the public.
3.23(d) The Minnesota Insurance Marketplace and provisions specified under this
3.24chapter are exempt from:
3.25(1) chapter 14, including section 14.386 but not sections 14.48 to 14.69; and
3.26(2) chapters 16B and 16C, with the exception of sections 16C.08, subdivision
3.272, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and
3.28(3), paragraph (b), and paragraph (c); and section 16C.16. However, the Minnesota
3.29Insurance Marketplace, in consultation with the commissioner of administration, shall
3.30implement policies and procedures to establish an open and competitive procurement
3.31process for the Minnesota Insurance Marketplace that, to the extent practicable, conforms
3.32to the principles and procedures contained in chapters 16B and 16C. In addition, the
3.33Minnesota Insurance Marketplace may enter into an agreement with the commissioner of
3.34administration for other services.
3.35 Sec. 5. [62V.04] GOVERNANCE.
4.1 Subdivision 1. Board. The Minnesota Insurance Marketplace is governed by a
4.2board of directors with seven members.
4.3 Subd. 2. Appointment. (a) Board membership of the Minnesota Insurance
4.4Marketplace consists of the following:
4.5(1) three members appointed by the governor with the advice and consent of both
4.6the senate and the house of representatives acting separately in accordance with paragraph
4.7(d), with one member representing the interests of individual consumers eligible for
4.8individual market coverage, one member representing individual consumers eligible for
4.9exchange enrollment public health care program coverage, and one member representing
4.10small employers. Members are appointed to serve four-year staggered terms following the
4.11initial staggered-term lot determination;
4.12(2) three members appointed by the governor with the advice and consent of both
4.13the senate and the house of representatives acting separately in accordance with paragraph
4.14(d) who have demonstrated expertise, leadership, and innovation in the following areas:
4.15one member representing the areas of health administration, health care finance, health
4.16plan purchasing, and health care delivery systems; one member representing the areas of
4.17public health, health disparities, exchange enrollment public health care programs, and
4.18the uninsured; and one member representing health policy issues related to the small
4.19group and individual markets. Members are appointed to serve four-year staggered terms
4.20following the initial staggered-term lot determination; and
4.21(3) the commissioner of human services or a designee.
4.22(b) Section 15.0597 shall apply to all appointments, except for the commissioner
4.23and initial appointments.
4.24(c) The governor shall make appointments to the board that are consistent with
4.25federal law and regulations regarding its composition and structure.
4.26(d) Upon appointment by the governor, a board member shall exercise duties of
4.27office immediately. If both the house of representatives and the senate vote not to confirm
4.28an appointment, the appointment terminates on the day following the vote not to confirm
4.29in the second body to vote.
4.30(e) Initial appointments shall be made within 30 days of enactment.
4.31 Subd. 3. Terms. (a) Board members may serve no more than two consecutive
4.32terms, except for the commissioner or the commissioner's designee, who shall serve
4.33until replaced by the governor.
4.34(b) A board member may resign at any time by giving written notice to the board.
5.1(c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2),
5.2shall have an initial term of two, three, or four years, determined by lot by the secretary of
5.3state.
5.4 Subd. 4. Conflicts of interest. Within one year prior to or at any time during their
5.5appointed term, board members appointed under subdivision 2, paragraph (a), clauses (1)
5.6and (2), shall not be employed by, be a member of the board of directors of, or otherwise
5.7be a representative of a health carrier, health care provider, navigator, insurance producer,
5.8or other entity in the business of selling items or services of significant value to or through
5.9the Minnesota Insurance Marketplace. No member of the board may currently serve as a
5.10lobbyist, as defined under section 10A.01, subdivision 21.
5.11 Subd. 5. Acting chair; first meeting; supervision. (a) The governor shall designate
5.12as acting chair one of the appointees described in subdivision 2.
5.13(b) The board shall hold its first meeting within 60 days of enactment.
5.14(c) The board shall elect a chair to replace the acting chair at the first meeting.
5.15 Subd. 6. Chair. The board shall have a chair, elected by a majority of members.
5.16The chair shall serve for one year.
5.17 Subd. 7. Officers. The members of the board shall elect officers by a majority of
5.18members. The officers shall serve for one year.
5.19 Subd. 8. Vacancies. If a vacancy occurs for a board seat that was appointed
5.20by the governor, the governor shall appoint a new member within 90 days, and the
5.21newly appointed member shall be subject to the same confirmation process described in
5.22subdivision 2.
5.23 Subd. 9. Removal. A board member may be removed by the board only for cause,
5.24following notice, hearing, and a two-thirds vote of the board. A conflict of interest as
5.25defined in subdivision 4 shall be cause for removal from the board.
5.26 Subd. 10. Meetings. The board shall meet at least quarterly.
5.27 Subd. 11. Quorum. A majority of the members of the board constitutes a quorum,
5.28and the affirmative vote of a majority of members of the board is necessary and sufficient
5.29for action taken by the board.
5.30 Subd. 12. Compensation. Board members may be compensated according to
5.31section 15.0575.
5.32 Subd. 13. Advisory committees. (a) The board may establish, as necessary,
5.33advisory committees to gather information related to the operation of the Minnesota
5.34Insurance Marketplace.
5.35(b) Section 15.0597 shall not apply to any advisory committee established by the
5.36board.
6.1 Sec. 6. [62V.05] RESPONSIBILITIES AND POWERS OF THE MINNESOTA
6.2INSURANCE MARKETPLACE.
6.3 Subdivision 1. General. (a) The board shall operate the Minnesota Insurance
6.4Marketplace according to this chapter and applicable state and federal law.
6.5(b) The board has the power to:
6.6(1) employ personnel and delegate administrative, operational, and other
6.7responsibilities to the director and other personnel as deemed appropriate by the board.
6.8This authority is subject to chapters 43A and 179A. The director and managerial staff of
6.9the Minnesota Insurance Marketplace shall serve in the unclassified service and shall be
6.10governed by a compensation plan prepared by the board, submitted to the commissioner
6.11of management and budget for review and comment within 14 days of its receipt, and
6.12approved by the Legislative Coordinating Commission and the legislature under section
6.133.855, except that section 15A.0815, subdivision 5, paragraph (e), shall not apply;
6.14(2) establish the budget of the Minnesota Insurance Marketplace;
6.15(3) seek and accept money, grants, loans, donations, materials, services, or
6.16advertising revenue from government agencies, philanthropic organizations, and public
6.17and private sources to fund the operation of the Minnesota Insurance Marketplace;
6.18(4) contract for the receipt and provision of goods and services;
6.19(5) enter into information-sharing agreements with federal and state agencies and
6.20other entities, provided the agreements include adequate protections with respect to
6.21the confidentiality and integrity of the information to be shared, and comply with all
6.22applicable state and federal laws, regulations, and rules, including the requirements of
6.23section 62V.06; and
6.24(6) take any other actions reasonably required to implement and administer its
6.25responsibilities.
6.26(c) The board shall establish policies and procedures to gather public comment and
6.27provide public notice in the State Register.
6.28(d) Within 180 days of enactment, the board shall establish bylaws, policies,
6.29and procedures governing the operations of the Minnesota Insurance Marketplace in
6.30accordance with this chapter.
6.31 Subd. 2. Operations funding. (a) Beginning January 1, 2015, the board may
6.32retain or collect up to 3.5 percent of premiums for individual market and small group
6.33market health benefit plans sold through the Minnesota Insurance Marketplace to fund
6.34the operations of the Minnesota Insurance Marketplace.
6.35(b) Prior to January 1, 2015, the Minnesota Insurance Marketplace shall retain or
6.36collect 3.5 percent of total premiums for individual market and small group market health
7.1benefit plans sold through the Minnesota Insurance Marketplace to fund the operations
7.2of the Minnesota Insurance Marketplace.
7.3 Subd. 3. Insurance producers. (a) The commissioner of management and budget,
7.4in consultation with the commissioner of commerce, shall establish minimum standards
7.5for certifying insurance producers who may sell health benefit plans through the Minnesota
7.6Insurance Marketplace. Producers must complete four hours of training in order to
7.7receive certification. Certification and training shall be administered by the commissioner
7.8of commerce, and the training required under this section shall qualify as continuing
7.9education required under chapter 60K. In order to remain certified under this subdivision,
7.10insurance producers must comply with all applicable certification requirements, including
7.11the requirements established under paragraphs (d) and (e).
7.12(b) Producer compensation shall be established by health carriers that provide health
7.13benefit plans through the Minnesota Insurance Marketplace. Compensation to producers
7.14must be equivalent for health benefit plans sold through the marketplace or outside the
7.15marketplace.
7.16(c) Each health carrier that offers or sells health benefit plans through the Minnesota
7.17Insurance Marketplace shall report in writing to the marketplace on a quarterly basis the
7.18compensation and other incentives it offers or provides to its insurance producers with
7.19regard to each type of health benefit plan the health carrier offers or sells both inside and
7.20outside the marketplace.
7.21(d) An insurance producer that offers health benefits plans for the small group
7.22market in the marketplace shall not discourage an employer from choosing to offer its
7.23employees a defined contribution type of group health benefit plan.
7.24(e) An insurance producer that offers health benefit plans through the Minnesota
7.25Insurance Marketplace shall disclose to prospective purchasers, at the time of the insurance
7.26producer's first contact with the prospective purchaser, the health carriers for which the
7.27insurance producer is authorized to sell health benefit plans through the exchange.
7.28 Subd. 4. Navigator; in-person assisters; call center. (a) The board may establish
7.29policies and procedures for the ongoing operation of a navigator program, in-person
7.30assister program, call center, and customer service provisions for the Minnesota Insurance
7.31Marketplace to be implemented beginning January 1, 2015.
7.32(b) Until the implementation of the policies and procedures described in paragraph
7.33(a), the following shall be in effect:
7.34(1) the navigator program shall be fulfilled through section 256.962;
7.35(2) entities eligible to be navigators, including insurance producers, Indian tribes and
7.36organizations, and counties may serve as in-person assisters;
8.1(3) the commissioner of management and budget shall establish requirements
8.2and compensation for the in-person assister program within 30 days of enactment.
8.3Compensation for in-person assisters must take into account any other compensation
8.4received by the in-person assister for conducting the same or similar services; and
8.5(4) call center operations shall utilize existing state resources and personnel,
8.6including referrals to counties for medical assistance.
8.7(c) The commissioner of management and budget shall establish a toll-free number
8.8for the Minnesota Insurance Marketplace and may hire and contract for additional
8.9resources as deemed necessary.
8.10 Subd. 5. Health carrier requirements; participation. (a) Beginning January 1,
8.112015, the board shall have the power to establish certification requirements for health
8.12carriers and health benefit plans offered through the Minnesota Insurance Marketplace
8.13unless by June 1, 2013, the legislature enacts regulatory requirements that:
8.14(1) apply uniformly to all health carriers and health benefit plans in the individual
8.15market;
8.16(2) apply uniformly to all health carriers and health benefit plans in the small
8.17group market; and
8.18(3) satisfy federal certification requirements for the Minnesota Insurance
8.19Marketplace.
8.20(b) The board has the power to select health carriers and health benefit plans for
8.21participation in the Minnesota Insurance Marketplace from the health carriers and health
8.22benefit plans that have met certification requirements. In the selection process, the board
8.23shall seek to contract with health carriers and health benefit plans so as to provide
8.24health coverage choices that offer the optimal combination of choice, value, quality, and
8.25service. Selection must be determined in the best interests of the individual consumers
8.26and employers and within federal requirements. In determining the best interests, the
8.27board shall consider:
8.28(1) affordability and value;
8.29(2) promotion of high-quality care;
8.30(3) promotion of prevention and wellness;
8.31(4) ensuring access to care;
8.32(5) alignment and coordination with state agency and private sector purchasing
8.33strategies and payment reform efforts; and
8.34(6) other criteria that the board determines appropriate.
8.35(c) For health benefit plans offered through the Minnesota Insurance Marketplace
8.36beginning January 1, 2015, health carriers must use the most current addendum for Indian
9.1health care providers approved by Centers for Medicare and Medicaid Services and the
9.2tribes as part of their contracts with Indian health care providers.
9.3 Subd. 6. Appeals. (a) The board may conduct hearings, appoint hearing officers,
9.4and recommend final orders related to appeals of any Minnesota Insurance Marketplace
9.5determinations, except for those determinations identified in paragraph (d). An appeal
9.6by a health carrier regarding a specific certification or selection determination made by
9.7the Minnesota Insurance Marketplace under subdivision 5, paragraph (a) or (b), must be
9.8conducted as a contested case proceeding under chapter 14, with the report or order of
9.9the administrative law judge constituting the final decision in the case, subject to judicial
9.10review under sections 14.63 to 14.69. For other appeals, the board shall establish hearing
9.11processes which provide for a reasonable opportunity to be heard and timely resolution of
9.12the appeal and which are consistent with the requirements of federal law and guidance.
9.13An appealing party may be represented by legal counsel at these hearings, but this is
9.14not a requirement.
9.15(b) The Minnesota Insurance Marketplace may establish service-level agreements
9.16with state agencies to conduct hearings for appeals. Notwithstanding section 471.59,
9.17subdivision 1, a state agency is authorized to enter into service-level agreements for this
9.18purpose with the Minnesota Insurance Marketplace.
9.19(c) For proceedings under this subdivision, the Minnesota Insurance Marketplace may
9.20be represented by an attorney who is an employee of the Minnesota Insurance Marketplace.
9.21(d) This subdivision does not apply to appeals of determinations where a state
9.22agency hearing is available under section 256.045.
9.23 Subd. 7. Agreements; consultation. (a) The board shall:
9.24(1) establish and maintain an agreement with the chief information officer of
9.25the Office of Enterprise Technology for information technology services that ensures
9.26coordination with exchange enrollment public health care programs. The board may
9.27establish and maintain agreements with the chief information officer of the Office of
9.28Enterprise Technology for other information technology services, including an agreement
9.29that would permit the Minnesota Insurance Marketplace to administer eligibility
9.30for additional health care and public assistance programs under the authority of the
9.31commissioner of human services;
9.32(2) establish and maintain an agreement with the commissioner of human services
9.33for cost allocation and services regarding eligibility determinations and enrollment for
9.34exchange enrollment public health care programs. The board may establish and maintain
9.35an agreement with the commissioner of human services for other services; and
10.1(3) establish and maintain an agreement with the commissioners of commerce
10.2and health for services regarding enforcement of Minnesota Insurance Marketplace
10.3certification requirements for health benefit plans offered through the Minnesota Insurance
10.4Marketplace. The board may establish and maintain agreements with the commissioners
10.5of commerce and health for other services.
10.6(b) The board shall consult with the commissioners of commerce and health
10.7regarding the operations of the Minnesota Insurance Marketplace.
10.8(c) The board shall consult with Indian tribes and organizations regarding the
10.9operation of the Minnesota Insurance Marketplace.
10.10(d) The board shall establish advisory committees to provide the health care industry,
10.11consumers, and other stakeholders with the opportunity to share their perspectives
10.12regarding the operations of the Minnesota Insurance Marketplace.
10.13 Subd. 8. Limitations; risk-bearing. (a) The board shall not bear insurance risk or
10.14enter into any agreement with health care providers to pay claims.
10.15(b) Nothing in this subdivision shall prevent the Minnesota Insurance Marketplace
10.16from providing insurance for its employees.
10.17 Sec. 7. [62V.06] DATA.
10.18(a) The Minnesota Insurance Marketplace is a state agency for purposes of the
10.19Minnesota Government Data Practices Act, and is subject to all provisions of chapter 13,
10.20including the penalties and remedies provided in sections 13.08 to 13.09. The definitions
10.21contained in section 13.02 apply to this section.
10.22(b) Government data of the Minnesota Insurance Marketplace on individuals,
10.23employees of employers, and employers using the Minnesota Insurance Marketplace are
10.24private data on individuals or nonpublic data. The Minnesota Insurance Marketplace may
10.25share not public data with state and federal agencies and other entities if the exchange
10.26of the data is reasonably necessary to carry out the functions of the Minnesota Insurance
10.27Marketplace. State agencies shall share not public data with the Minnesota Insurance
10.28Marketplace if the exchange of the data is reasonably necessary to carry out the functions
10.29of the Minnesota Insurance Marketplace. Notwithstanding the provisions governing
10.30summary data in sections 13.02, subdivision 19, and 13.05, subdivision 7, the Minnesota
10.31Insurance Marketplace may derive summary data from nonpublic data under this section.
10.32(c) The Minnesota Insurance Marketplace must provide a Tennessen warning, as
10.33provided in section 13.04, subdivision 2, to any individual asked to supply private data to
10.34the marketplace. The warning must explicitly list each person or entity authorized by law
10.35to receive or access the data, and list the specific ways in which the data will be used. The
11.1Minnesota Insurance Marketplace may not share or use data in any manner not described
11.2to the data subject in the Tennessen warning. The marketplace must also provide the data
11.3subject a notice of the data subject's rights related to the handling of genetic information,
11.4pursuant to section 13.386. The notice must be provided in an electronic format suitable
11.5for downloading or printing by the data subject.
11.6(d) No later than October 1, 2013, the Minnesota Insurance Marketplace must enter
11.7into a written data sharing agreement with any federal, state, county, or private entity
11.8with which the exchange is authorized by law to share private or nonpublic data. The
11.9contract must specify the types of data that will be shared, and the specific duties of the
11.10exchange that establish a need for the data sharing. Sharing of data that is not authorized
11.11by law and specified in a data sharing agreement is prohibited. A data sharing agreement
11.12entered under this section constitutes a contract with a government entity for purposes
11.13of section 13.05, subdivisions 6 and 11.
11.14 Sec. 8. [62V.07] FUNDS.
11.15All funds received by the Minnesota Insurance Marketplace must be deposited in
11.16a dedicated fund which may earn interest and for the fiscal year ending June 30, 2014,
11.17are appropriated to the Minnesota Insurance Marketplace for the purpose for which the
11.18funds were received.
11.19 Sec. 9. [62V.08] REPORT.
11.20The Minnesota Insurance Marketplace shall submit a report to the legislature by
11.21January 15, 2015, and each January 15 thereafter, on: (1) the performance of Minnesota
11.22Insurance Marketplace operations; (2) meeting the Minnesota Insurance Marketplace
11.23responsibilities; and (3) an accounting of the Minnesota Insurance Marketplace budget
11.24activities.
11.25 Sec. 10. [62V.09] EXPIRATION AND SUNSET EXCLUSION.
11.26Notwithstanding Minnesota Statutes, section 15.059, the Minnesota Insurance
11.27Marketplace Act shall not expire. The board is not subject to review or sunsetting under
11.28Minnesota Statutes, chapter 3D.
11.29 Sec. 11. [62V.10] RIGHT NOT TO PARTICIPATE.
11.30Nothing in this chapter infringes on the right of a Minnesota citizen not to participate
11.31in the Minnesota Insurance Marketplace.
12.1 Sec. 12. TRANSITION OF AUTHORITY.
12.2(a) Upon the effective date of this act, the commissioner of management and budget
12.3shall exercise all authorities and responsibilities under Minnesota Statutes, sections
12.462V.03 and 62V.05 until the board has satisfied the requirements of Minnesota Statutes,
12.5section 62V.05, subdivision 1, paragraph (d).
12.6(b) Upon the establishment of bylaws, policies, and procedures governing the
12.7operations of the Minnesota Insurance Marketplace by the board as required under
12.8Minnesota Statutes, section 62V.05, subdivision 1, paragraph (d), all personnel, assets,
12.9contracts, obligations, and funds managed by the commissioner of management and
12.10budget for the design and development of the Minnesota Insurance Marketplace shall be
12.11transferred to the board. Existing personnel managed by the commissioner of management
12.12and budget for the design and development of the Minnesota Insurance Marketplace shall
12.13staff the board upon enactment.
12.14 Sec. 13. MINNESOTA COMPREHENSIVE HEALTH INSURANCE
12.15TERMINATION.
12.16The commissioner of commerce, in consultation with the board of directors of the
12.17Minnesota Comprehensive Health Insurance Association, has the authority to develop and
12.18implement the phase out and eventual termination of coverage provided by the Minnesota
12.19Comprehensive Health Insurance Association under Minnesota Statutes, chapter 62E. The
12.20phase out of coverage shall begin no sooner than January 1, 2014.
12.21 Sec. 14. EFFECTIVE DATE.
12.22Sections 1 to 13 are effective the day following final enactment. Any actions taken
12.23by any state agencies in furtherance of the design, development, and implementation of the
12.24Minnesota Insurance Marketplace prior to the effective date shall be considered actions
12.25taken by the Minnesota Insurance Marketplace and shall be governed by the provisions of
12.26this chapter and state law. Health benefit plan coverage through the Minnesota Insurance
12.27Marketplace is effective January 1, 2014.
