Bill Text: MN SF2037 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Freedom of choice in health plan coverage; mandated health insurance coverages repeal
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2012-02-23 - Referred to Commerce and Consumer Protection [SF2037 Detail]
Download: Minnesota-2011-SF2037-Introduced.html
1.2relating to insurance; repealing the mandated health insurance coverages;
1.3amending Minnesota Statutes 2010, section 62Q.021; proposing coding for new
1.4law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2010,
1.5sections 62A.041, subdivisions 1, 2; 62A.0411; 62A.042; 62A.043; 62A.047;
1.662A.048; 62A.14; 62A.141; 62A.145; 62A.146; 62A.147; 62A.148; 62A.149,
1.7subdivision 1; 62A.15; 62A.151; 62A.152; 62A.153; 62A.154; 62A.155;
1.862A.17, subdivisions 1, 2, 4, 5, 5b, 6; 62A.20; 62A.21, subdivisions 1, 2a, 2b,
1.93; 62A.25; 62A.26; 62A.265; 62A.27; 62A.28; 62A.285, subdivisions 1, 2, 3;
1.1062A.30; 62A.302; 62A.304; 62A.305; 62A.307; 62A.3075; 62A.308; 62A.3091;
1.1162A.3092; 62A.3093; 62D.101; 62D.102; 62D.103; 62D.105; 62D.107; 62Q.19;
1.1262Q.23; 62Q.47; 62Q.471; 62Q.50; 62Q.525; 62Q.527; 62Q.53; 62Q.535;
1.1362Q.545; 62Q.55; 62Q.66; 62Q.67; 62Q.675.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2010, section 62Q.021, is amended to read:
1.1662Q.021 FEDERAL ACT; COMPLIANCE REQUIRED.
1.17(a) Each health plan company shall comply with the federal Health Insurance
1.18Portability and Accountability Act of 1996, including any federal regulations adopted
1.19under that act, to the extent that it imposes a requirement that applies in this state and that
1.20is not also required by the laws of this state. This section does not require compliance with
1.21any provision of the federal act prior to the effective date provided for that provision in the
1.22federal act.The commissioner shall enforce this section.
1.23(b) Each health plan company shall, with respect to each health plan it provides in
1.24this state, cover all health care benefits, all types of providers, and all persons required to
1.25be covered under the health plan, to the extent required under federal law.
1.26(c) The commissioner shall enforce this section.
2.1EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.2offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.3subdivision 2a, on or after that date.
2.4 Sec. 2. [62Q.027] FREEDOM OF CHOICE IN HEALTH PLAN COVERAGE.
2.5(a) Notwithstanding any other state or federal law, a health plan company may offer,
2.6sell, issue, or renew a health plan that covers, or does not cover, any benefit, any type of
2.7health care provider, and any category of dependent or other person.
2.8(b) This section does not apply to a health plan to the extent that it is subject to the
2.9essential health benefits required under section 1302 of the federal Patient Protection
2.10and Affordable Care Act, as amended, including any federal regulations adopted under
2.11that act, provided, however, that this section does not require a health plan to cover any
2.12essential health benefits in excess of the lowest-cost essential health benefits set.
2.13EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.14offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.15subdivision 2a, on or after that date.
2.16 Sec. 3. REPEALER.
2.17 Subdivision 1. Health insurance benefit mandates. Minnesota Statutes 2010,
2.18sections 62A.041, subdivision 2; 62A.0411; 62A.043; 62A.047; 62A.149, subdivision 1;
2.1962A.151; 62A.152; 62A.153; 62A.154; 62A.155; 62A.25; 62A.26; 62A.265; 62A.28;
2.2062A.285, subdivisions 1, 2, and 3; 62A.30; 62A.304; 62A.305; 62A.3075; 62A.308;
2.2162A.3093; 62D.102; 62D.103; 62Q.47; 62Q.471; 62Q.50; 62Q.525; 62Q.527; 62Q.53;
2.2262Q.535; 62Q.545; 62Q.55; 62Q.66; 62Q.67; and 62Q.675, are repealed.
2.23 Subd. 2. Health care provider coverage mandates. Minnesota Statutes 2010,
2.24sections 62A.15; 62A.307; 62A.3091; 62A.3092; 62D.107; and 62Q.19, are repealed.
2.25 Subd. 3. Health insurance "covered person" mandates. Minnesota Statutes
2.262010, sections 62A.041, subdivision 1; 62A.042; 62A.048; 62A.14; 62A.141; 62A.145;
2.2762A.146; 62A.147; 62A.148; 62A.17, subdivisions 1, 2, 4, 5, 5b, and 6; 62A.20; 62A.21,
2.28subdivisions 1, 2a, 2b, and 3; 62A.27; 62A.302; 62D.101; 62D.105; and 62Q.23, are
2.29repealed.
2.30EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.31offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.32subdivision 2a, on or after that date.
1.3amending Minnesota Statutes 2010, section 62Q.021; proposing coding for new
1.4law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2010,
1.5sections 62A.041, subdivisions 1, 2; 62A.0411; 62A.042; 62A.043; 62A.047;
1.662A.048; 62A.14; 62A.141; 62A.145; 62A.146; 62A.147; 62A.148; 62A.149,
1.7subdivision 1; 62A.15; 62A.151; 62A.152; 62A.153; 62A.154; 62A.155;
1.862A.17, subdivisions 1, 2, 4, 5, 5b, 6; 62A.20; 62A.21, subdivisions 1, 2a, 2b,
1.93; 62A.25; 62A.26; 62A.265; 62A.27; 62A.28; 62A.285, subdivisions 1, 2, 3;
1.1062A.30; 62A.302; 62A.304; 62A.305; 62A.307; 62A.3075; 62A.308; 62A.3091;
1.1162A.3092; 62A.3093; 62D.101; 62D.102; 62D.103; 62D.105; 62D.107; 62Q.19;
1.1262Q.23; 62Q.47; 62Q.471; 62Q.50; 62Q.525; 62Q.527; 62Q.53; 62Q.535;
1.1362Q.545; 62Q.55; 62Q.66; 62Q.67; 62Q.675.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2010, section 62Q.021, is amended to read:
1.1662Q.021 FEDERAL ACT; COMPLIANCE REQUIRED.
1.17(a) Each health plan company shall comply with the federal Health Insurance
1.18Portability and Accountability Act of 1996, including any federal regulations adopted
1.19under that act, to the extent that it imposes a requirement that applies in this state and that
1.20is not also required by the laws of this state. This section does not require compliance with
1.21any provision of the federal act prior to the effective date provided for that provision in the
1.22federal act.
1.23(b) Each health plan company shall, with respect to each health plan it provides in
1.24this state, cover all health care benefits, all types of providers, and all persons required to
1.25be covered under the health plan, to the extent required under federal law.
1.26(c) The commissioner shall enforce this section.
2.1EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.2offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.3subdivision 2a, on or after that date.
2.4 Sec. 2. [62Q.027] FREEDOM OF CHOICE IN HEALTH PLAN COVERAGE.
2.5(a) Notwithstanding any other state or federal law, a health plan company may offer,
2.6sell, issue, or renew a health plan that covers, or does not cover, any benefit, any type of
2.7health care provider, and any category of dependent or other person.
2.8(b) This section does not apply to a health plan to the extent that it is subject to the
2.9essential health benefits required under section 1302 of the federal Patient Protection
2.10and Affordable Care Act, as amended, including any federal regulations adopted under
2.11that act, provided, however, that this section does not require a health plan to cover any
2.12essential health benefits in excess of the lowest-cost essential health benefits set.
2.13EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.14offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.15subdivision 2a, on or after that date.
2.16 Sec. 3. REPEALER.
2.17 Subdivision 1. Health insurance benefit mandates. Minnesota Statutes 2010,
2.18sections 62A.041, subdivision 2; 62A.0411; 62A.043; 62A.047; 62A.149, subdivision 1;
2.1962A.151; 62A.152; 62A.153; 62A.154; 62A.155; 62A.25; 62A.26; 62A.265; 62A.28;
2.2062A.285, subdivisions 1, 2, and 3; 62A.30; 62A.304; 62A.305; 62A.3075; 62A.308;
2.2162A.3093; 62D.102; 62D.103; 62Q.47; 62Q.471; 62Q.50; 62Q.525; 62Q.527; 62Q.53;
2.2262Q.535; 62Q.545; 62Q.55; 62Q.66; 62Q.67; and 62Q.675, are repealed.
2.23 Subd. 2. Health care provider coverage mandates. Minnesota Statutes 2010,
2.24sections 62A.15; 62A.307; 62A.3091; 62A.3092; 62D.107; and 62Q.19, are repealed.
2.25 Subd. 3. Health insurance "covered person" mandates. Minnesota Statutes
2.262010, sections 62A.041, subdivision 1; 62A.042; 62A.048; 62A.14; 62A.141; 62A.145;
2.2762A.146; 62A.147; 62A.148; 62A.17, subdivisions 1, 2, 4, 5, 5b, and 6; 62A.20; 62A.21,
2.28subdivisions 1, 2a, 2b, and 3; 62A.27; 62A.302; 62D.101; 62D.105; and 62Q.23, are
2.29repealed.
2.30EFFECTIVE DATE.This section is effective January 1, 2013, for coverage
2.31offered, issued, renewed, or continued as defined in Minnesota Statutes, section 60A.02,
2.32subdivision 2a, on or after that date.
