1.1.................... moves to amend H.F. No. 2414, the first engrossment, as follows:
1.2Page 574, delete section 1
1.3Page 579, delete section 7
1.4Page 580, delete section 8
1.5Page 582, delete sections 9 and 10
1.6Page 583, delete section 11
1.7Page 585, delete section 12
1.8Page 587, delete section 13
1.9Page 588, delete sections 16 and 17
1.10Page 591, delete section 18
1.11Page 592, delete section 19
1.12Page 595, delete section 20
1.13Page 596, delete section 21
1.14Page 601, delete section 27
1.15Page 602, delete section 28
1.16Page 603, delete section 30
1.17Page 606, delete sections 32 and 33
1.18Page 1000, after line 31, insert:


2.3    Section 1. [62X.01] HEALTH PLAN REQUIREMENTS.
2.4    In order to keep Minnesota residents healthy and provide the best quality of health care,
2.5the Minnesota Health Plan must:
2.6    (1) ensure all Minnesota residents are covered;
2.7    (2) cover all necessary care, including dental, vision and hearing, mental health, chemical
2.8dependency treatment, prescription drugs, medical equipment and supplies, long-term care,
2.9and home care;
2.10    (3) allow patients to choose their providers;
2.11    (4) reduce costs by negotiating fair prices and by cutting administrative bureaucracy,
2.12not by restricting or denying care;
2.13    (5) be affordable to all through premiums based on ability to pay and elimination of
2.14co-pays;
2.15    (6) focus on preventive care and early intervention to improve health;
2.16    (7) ensure that there are enough health care providers to guarantee timely access to care;
2.17    (8) continue Minnesota's leadership in medical education, research, and technology;
2.18    (9) provide adequate and timely payments to providers; and
2.19    (10) use a simple funding and payment system.

2.20    Sec. 2. [62X.02] MINNESOTA HEALTH PLAN GENERAL PROVISIONS.
2.21    Subdivision 1. Short title. This chapter may be cited as the "Minnesota Health Plan."
2.22    Subd. 2. Purpose. The Minnesota Health Plan shall provide all medically necessary
2.23health care services for all Minnesota residents in a manner that meets the requirements in
2.24section 62X.01.
2.25    Subd. 3. Definitions. As used in this chapter, the following terms have the meanings
2.26provided:
2.27    (a) "Board" means the Minnesota Health Board.
2.28    (b) "Plan" means the Minnesota Health Plan.
2.29    (c) "Fund" means the Minnesota Health Fund.
3.1    (d) "Medically necessary" means services or supplies needed to promote health and to
3.2prevent, diagnose, or treat a particular patient's medical condition that meet accepted
3.3standards of medical practice within a provider's professional peer group and geographic
3.4region.
3.5    (e) "Institutional provider" means an inpatient hospital, nursing facility, rehabilitation
3.6facility, and other health care facilities that provide overnight care.
3.7    (f) "Noninstitutional provider" means individual providers, group practices, clinics,
3.8outpatient surgical centers, imaging centers, and other health facilities that do not provide
3.9overnight care.


3.12    Section 1. [62X.03] ELIGIBILITY.
3.13    Subdivision 1. Residency. All Minnesota residents are eligible for the Minnesota Health
3.14Plan.
3.15    Subd. 2. Enrollment; identification. The Minnesota Health Board shall establish a
3.16procedure to enroll residents and provide each with identification that may be used by health
3.17care providers to confirm eligibility for services. The application for enrollment shall be no
3.18more than two pages.
3.19    Subd. 3. Residents temporarily out of state. (a) The Minnesota Health Plan shall
3.20provide health care coverage to Minnesota residents who are temporarily out of the state
3.21who intend to return and reside in Minnesota.
3.22    (b) Coverage for emergency care obtained out of state shall be at prevailing local rates.
3.23Coverage for nonemergency care obtained out of state shall be according to rates and
3.24conditions established by the board. The board may require that a resident be transported
3.25back to Minnesota when prolonged treatment of an emergency condition is necessary and
3.26when that transport will not adversely affect a patient's care or condition.
3.27    Subd. 4. Visitors. Nonresidents visiting Minnesota shall be billed by the board for all
3.28services received under the Minnesota Health Plan. The board may enter into
3.29intergovernmental arrangements or contracts with other states and countries to provide
3.30reciprocal coverage for temporary visitors.
3.31    Subd. 5. Nonresident employed in Minnesota. The board shall extend eligibility to
3.32nonresidents employed in Minnesota under a premium schedule set by the board.
4.1    Subd. 6. Business outside of Minnesota employing Minnesota residents. The board
4.2shall apply for a federal waiver to collect the employer contribution mandated by federal
4.3law.
4.4    Subd. 7. Retiree benefits. (a) All persons who are eligible for retiree medical benefits
4.5under an employer-employee contract shall remain eligible for those benefits provided the
4.6contractually mandated payments for those benefits are made to the Minnesota Health Fund,
4.7which shall assume financial responsibility for care provided under the terms of the contract
4.8along with additional health benefits covered by the Minnesota Health Plan. Retirees who
4.9elect to reside outside of Minnesota shall be eligible for benefits under the terms and
4.10conditions of the retiree's employer-employee contract.
4.11    (b) The board may establish financial arrangements with states and foreign countries in
4.12order to facilitate meeting the terms of the contracts described in paragraph (a). Payments
4.13for care provided by non-Minnesota providers to Minnesota retirees shall be reimbursed at
4.14rates established by the Minnesota Health Board. Providers who accept any payment from
4.15the Minnesota Health Plan for a covered service shall not bill the patient for the covered
4.16service.
4.17    Subd. 8. Presumptive eligibility. (a) An individual is presumed eligible for coverage
4.18under the Minnesota Health Plan if the individual arrives at a health facility unconscious,
4.19comatose, or otherwise unable, because of the individual's physical or mental condition, to
4.20document eligibility or to act on the individual's own behalf. If the patient is a minor, the
4.21patient is presumed eligible, and the health facility shall provide care as if the patient were
4.22eligible.
4.23    (b) Any individual is presumed eligible when brought to a health facility according to
4.24any provision of section 253B.05.
4.25    (c) Any individual involuntarily committed to an acute psychiatric facility or to a hospital
4.26with psychiatric beds according to any provision of section 253B.05, providing for
4.27involuntary commitment, is presumed eligible.
4.28    (d) All health facilities subject to state and federal provisions governing emergency
4.29medical treatment must comply with those provisions.
4.30    Subd. 9. Data. Data collected because an individual applies for or is enrolled in the
4.31Minnesota Health Plan are private data on individuals as defined in section 13.02, subdivision
4.3212, but may be released to:
4.33(1) providers for purposes of confirming enrollment and processing payments for benefits;
5.1(2) the ombudsman for patient advocacy for purposes of performing duties under section
5.262X.12 or 62X.13; or
5.3(3) the auditor general for purposes of performing duties under section 62X.14.

5.4    Sec. 2. Minnesota Statutes 2018, section 13.3806, is amended by adding a subdivision to
5.5read:
5.6    Subd. 1d. Minnesota Health Plan. Data on enrollees under the Minnesota Health Plan
5.7are classified under sections 62X.03, subdivision 9, and 62X.13, subdivision 6.


5.10    Section 1. [62X.04] BENEFITS.
5.11    Subdivision 1. General provisions. Any eligible individual may choose to receive
5.12services under the Minnesota Health Plan from any participating provider.
5.13    Subd. 2. Covered benefits. Covered health care benefits in this chapter include all
5.14medically necessary care subject to the limitations specified in subdivision 4. Covered health
5.15care benefits for Minnesota Health Plan enrollees include:
5.16    (1) inpatient and outpatient health facility services;
5.17    (2) inpatient and outpatient professional health care provider services;
5.18    (3) diagnostic imaging, laboratory services, and other diagnostic and evaluative services;
5.19    (4) medical equipment, appliances, and assistive technology, including prosthetics,
5.20eyeglasses, and hearing aids, their repair, technical support, and customization needed for
5.21individual use;
5.22    (5) inpatient and outpatient rehabilitative care;
5.23(6) emergency care services;
5.24    (7) emergency transportation;
5.25    (8) necessary transportation for health care services for persons with disabilities or who
5.26may qualify as low income;
5.27    (9) child and adult immunizations and preventive care;
5.28    (10) health and wellness education;
5.29    (11) hospice care;
6.1(12) care in a skilled nursing facility;
6.2    (13) home health care including health care provided in an assisted living facility;
6.3    (14) mental health services;
6.4(15) substance abuse treatment;
6.5    (16) dental care;
6.6(17) vision care;
6.7(18) hearing care;
6.8    (19) prescription drugs;
6.9    (20) podiatric care;
6.10    (21) chiropractic care;
6.11    (22) acupuncture;
6.12(23) therapies which are shown by the National Institutes of Health National Center for
6.13Complementary and Integrative Health to be safe and effective;
6.14    (24) blood and blood products;
6.15(25) dialysis;
6.16    (26) adult day care;
6.17(27) rehabilitative and habilitative services;
6.18(28) ancillary health care or social services previously covered by Minnesota's public
6.19health programs;
6.20    (29) case management and care coordination;
6.21    (30) language interpretation and translation for health care services, including sign
6.22language and Braille or other services needed for individuals with communication barriers;
6.23and
6.24(31) those health care and long-term supportive services currently covered under
6.25Minnesota Statutes 2016, chapter 256B, for persons on medical assistance, including home
6.26and community-based waivered services under chapter 256B.
6.27    Subd. 3. Benefit expansion. The Minnesota Health Board may expand health care
6.28benefits beyond the minimum benefits described in this section when expansion meets the
6.29intent of this chapter and when there are sufficient funds to cover the expansion.
7.1    Subd. 4. Cost-sharing for the room and board portion of long-term care. The
7.2Minnesota Health Board shall develop income and asset qualifications based on medical
7.3assistance standards for covered benefits under subdivision 2, clauses (12) and (13). All
7.4health care services for long-term care in a skilled nursing facility or assisted living facility
7.5are fully covered but, notwithstanding section 62X.20, subdivision 6, room and board costs
7.6may be charged to patients who do not meet income and asset qualifications.
7.7    Subd. 5. Exclusions. The following health care services shall be excluded from coverage
7.8by the Minnesota Health Plan:
7.9    (1) health care services determined to have no medical benefit by the board;
7.10    (2) treatments and procedures primarily for cosmetic purposes, unless required to correct
7.11a congenital defect, restore or correct a part of the body that has been altered as a result of
7.12injury, disease, or surgery, or determined to be medically necessary by a qualified, licensed
7.13health care provider in the Minnesota Health Plan; and
7.14    (3) services of a health care provider or facility that is not licensed or accredited by the
7.15state, except for approved services provided to a Minnesota resident who is temporarily out
7.16of the state.
7.17    Subd. 6. Prohibition. The Minnesota Health Plan shall not pay for drugs requiring a
7.18prescription if the pharmaceutical companies directly market those drugs to consumers in
7.19Minnesota.

7.20    Sec. 2. [62X.041] PATIENT CARE.
7.21    (a) All patients shall have a primary care provider and have access to care coordination.
7.22    (b) Referrals are not required for a patient to see a health care specialist. If a patient sees
7.23a specialist and does not have a primary care provider, the Minnesota Health Plan may assist
7.24with choosing a primary care provider.
7.25    (c) The board may establish a computerized registry to assist patients in identifying
7.26appropriate providers.


7.29    Section 1. [62X.19] MINNESOTA HEALTH FUND.
7.30    Subdivision 1. General provisions. (a) The Minnesota Health Fund, a revolving fund,
7.31is established under the jurisdiction and control of the Minnesota Health Board to implement
8.1the Minnesota Health Plan and to receive premiums and other sources of revenue. The fund
8.2shall be administered by a director appointed by the Minnesota Health Board.
8.3    (b) All money collected, received, and transferred according to this chapter shall be
8.4deposited in the Minnesota Health Fund.
8.5    (c) Money deposited in the Minnesota Health Fund shall be used exclusively to finance
8.6the Minnesota Health Plan.
8.7    (d) All claims for health care services rendered shall be made to the Minnesota Health
8.8Fund.
8.9    (e) All payments made for health care services shall be disbursed from the Minnesota
8.10Health Fund.
8.11    (f) Premiums and other revenues collected each year must be sufficient to cover that
8.12year's projected costs.
8.13    Subd. 2. Accounts. The Minnesota Health Fund shall have operating, capital, and reserve
8.14accounts.
8.15    Subd. 3. Operating account. The operating account in the Minnesota Health Fund shall
8.16be comprised of the accounts specified in paragraphs (a) to (e).
8.17    (a) Medical services account. The medical services account must be used to provide
8.18for all medical services and benefits covered under the Minnesota Health Plan.
8.19    (b) Prevention account. The prevention account must be used to establish and maintain
8.20primary community prevention programs, including preventive screening tests.
8.21    (c) Program administration, evaluation, planning, and assessment account. The
8.22program administration, evaluation, planning, and assessment account must be used to
8.23monitor and improve the plan's effectiveness and operations. The board may establish grant
8.24programs including demonstration projects for this purpose.
8.25    (d) Training and development account. The training and development account must
8.26be used to incentivize the training and development of health care providers and the health
8.27care workforce needed to meet the health care needs of the population.
8.28    (e) Health service research account. The health service research account must be used
8.29to support research and innovation as determined by the Minnesota Health Board, and
8.30recommended by the Office of Health Quality and Planning and the Ombudsman for Patient
8.31Advocacy.
9.1    Subd. 4. Capital account. The capital account must be used to pay for capital
9.2expenditures for institutional providers.
9.3    Subd. 5. Reserve account. (a) The Minnesota Health Plan must at all times hold in
9.4reserve an amount estimated in the aggregate to provide for the payment of all losses and
9.5claims for which the Minnesota Health Plan may be liable and to provide for the expense
9.6of adjustment or settlement of losses and claims.
9.7    (b) Money currently held in reserve by state, city, and county health programs must be
9.8transferred to the Minnesota Health Fund when the Minnesota Health Plan replaces those
9.9programs.
9.10    (c) The board shall have provisions in place to insure the Minnesota Health Plan against
9.11unforeseen expenditures or revenue shortfalls not covered by the reserve account. The board
9.12may borrow money to cover temporary shortfalls.
9.13    Subd. 6. Assets of the Minnesota Health Plan; functions of the commissioner of
9.14Minnesota Management and Budget. All money received by the Minnesota Health Fund
9.15shall be paid to the commissioner of Minnesota Management and Budget as agent of the
9.16board who shall not commingle these funds with any other money. The money in these
9.17accounts shall be paid out on warrants drawn by the commissioner on requisition by the
9.18board.
9.19    Subd. 7. Management. The Minnesota Health Fund shall be separate from the state
9.20treasury. Management of the fund shall be conducted by the Minnesota Health Board, which
9.21has exclusive authority over the fund.

9.22    Sec. 2. [62X.20] REVENUE SOURCES.
9.23    Subdivision 1. Minnesota Health Plan premium. (a) The Minnesota Health Board
9.24shall:
9.25    (1) determine the aggregate cost of providing health care according to this chapter;
9.26    (2) develop an equitable and affordable premium structure based on income, including
9.27unearned income, and a business health tax;
9.28    (3) in consultation with the Department of Revenue, develop an efficient means of
9.29collecting premiums and the business health tax; and
9.30    (4) coordinate with existing, ongoing funding sources from federal and state programs.
9.31(b) The premium structure must be based on ability to pay.
10.1    (c) On or before January 15, 2017, the board shall submit to the governor and the
10.2legislature a report on the premium and business health tax structure established to finance
10.3the Minnesota Health Plan.
10.4    Subd. 2. Federal receipts. All federal funding received by Minnesota including the
10.5premium subsidies under the Affordable Care Act, Public Law 111-148, as amended by
10.6Public Law 111-152, is appropriated to the Minnesota Health Plan Board to be used to
10.7administer the Minnesota Health Plan under chapter 62X. Federal funding that is received
10.8for implementing and administering the Minnesota Health Plan must be used to provide
10.9health care for Minnesota residents.
10.10    Subd. 3. Funds from outside sources. Institutional providers operating under Minnesota
10.11Health Plan operating budgets may raise and expend funds from sources other than the
10.12Minnesota Health Plan including private or foundation donors. Contributions to providers
10.13in excess of $500,000 must be reported to the board.
10.14    Subd. 4. Governmental payments. The chief executive officer and, if required under
10.15federal law, the commissioners of health, human services, and commerce shall seek all
10.16necessary waivers, exemptions, agreements, or legislation so that all current federal payments
10.17to the state, including the premium tax credits under the Affordable Care Act, are paid
10.18directly to the Minnesota Health Plan. When any required waivers, exemptions, agreements,
10.19or legislation are obtained, the Minnesota Health Plan shall assume responsibility for all
10.20health care benefits and health care services previously paid for with federal funds. In
10.21obtaining the waivers, exemptions, agreements, or legislation, the chief executive officer
10.22and, if required, commissioners shall seek from the federal government a contribution for
10.23health care services in Minnesota that reflects: medical inflation, the state gross domestic
10.24product, the size and age of the population, the number of residents living below the poverty
10.25level, and the number of Medicare and VA eligible individuals, and that does not decrease
10.26in relation to the federal contribution to other states as a result of the waivers, exemptions,
10.27agreements, or savings from implementation of the Minnesota Health Plan.
10.28    Subd. 5. Federal preemption. (a) The board shall secure a repeal or a waiver of any
10.29provision of federal law that preempts any provision of this chapter. The commissioners of
10.30health, human services, and commerce shall provide all necessary assistance.
10.31(b) In the section 1332 waiver application, the board shall request to waive any of the
10.32following provisions of the Patient Protection and Affordable Care Act, to the extent
10.33necessary to implement this act:
10.34(1) United States Code, title 42, sections 18021 to 18024;
11.1(2) United States Code, title 42, sections 18031 to 18033;
11.2(3) United States Code, title 42, section 18071; and
11.3(4) sections 36B and 5000A of the Internal Revenue Code of 1986, as amended.
11.4    (c) In the event that a repeal or a waiver of law or regulations cannot be secured, the
11.5board shall adopt rules, or seek conforming state legislation, consistent with federal law, in
11.6an effort to best fulfill the purposes of this chapter.
11.7    (d) The Minnesota Health Plan's responsibility for providing care shall be secondary to
11.8existing federal government programs for health care services to the extent that funding for
11.9these programs is not transferred to the Minnesota Health Fund or that the transfer is delayed
11.10beyond the date on which initial benefits are provided under the Minnesota Health Plan.
11.11    Subd. 6. No cost-sharing. No deductible, co-payment, coinsurance, or other cost-sharing
11.12shall be imposed with respect to covered benefits.

11.13    Sec. 3. [62X.21] SUBROGATION.
11.14    Subdivision 1. Collateral source. (a) When other payers for health care have been
11.15terminated, health care costs shall be collected from collateral sources whenever medical
11.16services provided to an individual are, or may be, covered services under a policy of
11.17insurance, or other collateral source available to that individual, or when the individual has
11.18a right of action for compensation permitted under law.
11.19    (b) As used in this section, collateral source includes:
11.20    (1) health insurance policies and the medical components of automobile, homeowners,
11.21and other forms of insurance;
11.22    (2) medical components of worker's compensation;
11.23    (3) pension plans;
11.24    (4) employer plans;
11.25    (5) employee benefit contracts;
11.26    (6) government benefit programs;
11.27    (7) a judgment for damages for personal injury;
11.28(8) the state of last domicile for individuals moving to Minnesota for medical care who
11.29have extraordinary medical needs; and
12.1    (9) any third party who is or may be liable to an individual for health care services or
12.2costs.
12.3    (c) Collateral source does not include:
12.4    (1) a contract or plan that is subject to federal preemption; or
12.5    (2) any governmental unit, agency, or service, to the extent that subrogation is prohibited
12.6by law. An entity described in paragraph (b) is not excluded from the obligations imposed
12.7by this section by virtue of a contract or relationship with a government unit, agency, or
12.8service.
12.9    (d) The board shall negotiate waivers, seek federal legislation, or make other arrangements
12.10to incorporate collateral sources into the Minnesota Health Plan.
12.11    Subd. 2. Notification. When an individual who receives health care services under the
12.12Minnesota Health Plan is entitled to coverage, reimbursement, indemnity, or other
12.13compensation from a collateral source, the individual shall notify the health care provider
12.14and provide information identifying the collateral source, the nature and extent of coverage
12.15or entitlement, and other relevant information. The health care provider shall forward this
12.16information to the board. The individual entitled to coverage, reimbursement, indemnity,
12.17or other compensation from a collateral source shall provide additional information as
12.18requested by the board.
12.19    Subd. 3. Reimbursement. (a) The Minnesota Health Plan shall seek reimbursement
12.20from the collateral source for services provided to the individual and may institute appropriate
12.21action, including legal proceedings, to recover the reimbursement. Upon demand, the
12.22collateral source shall pay to the Minnesota Health Fund the sums it would have paid or
12.23expended on behalf of the individual for the health care services provided by the Minnesota
12.24Health Plan.
12.25    (b) In addition to any other right to recovery provided in this section, the board shall
12.26have the same right to recover the reasonable value of health care benefits from a collateral
12.27source as provided to the commissioner of human services under section 256B.37.
12.28    (c) If a collateral source is exempt from subrogation or the obligation to reimburse the
12.29Minnesota Health Plan, the board may require that an individual who is entitled to medical
12.30services from the source first seek those services from that source before seeking those
12.31services from the Minnesota Health Plan.
12.32    (d) To the extent permitted by federal law, the board shall have the same right of
12.33subrogation over contractual retiree health care benefits provided by employers as other
13.1contracts, allowing the Minnesota Health Plan to recover the cost of health care services
13.2provided to individuals covered by the retiree benefits, unless arrangements are made to
13.3transfer the revenues of the health care benefits directly to the Minnesota Health Plan.
13.4    Subd. 4. Defaults, underpayments, and late payments. (a) Default, underpayment, or
13.5late payment of any tax or other obligation imposed by this chapter shall result in the remedies
13.6and penalties provided by law, except as provided in this section.
13.7    (b) Eligibility for health care benefits under section 62X.04 shall not be impaired by any
13.8default, underpayment, or late payment of any premium or other obligation imposed by this
13.9chapter.


13.12    Section 1. [62X.05] PROVIDER PAYMENTS.
13.13    Subdivision 1. General provisions. (a) All health care providers licensed to practice in
13.14Minnesota may participate in the Minnesota Health Plan and other providers as determined
13.15by the board.
13.16    (b) A participating health care provider shall comply with all federal laws and regulations
13.17governing referral fees and fee splitting including, but not limited to, United States Code,
13.18title 42, sections 1320a-7b and 1395nn, whether reimbursed by federal funds or not.
13.19    (c) A fee schedule or financial incentive may not adversely affect the care a patient
13.20receives or the care a health provider recommends.
13.21    Subd. 2. Payments to noninstitutional providers. (a) The Minnesota Health Board
13.22shall establish and oversee a fair and efficient payment system for noninstitutional providers.
13.23    (b) The board shall pay noninstitutional providers based on rates negotiated with
13.24providers. Rates shall take into account the need to address provider shortages.
13.25    (c) The board shall establish payment criteria and methods of payment for care
13.26coordination for patients especially those with chronic illness and complex medical needs.
13.27    (d) Providers who accept any payment from the Minnesota Health Plan for a covered
13.28health care service shall not bill the patient for the covered health care service.
13.29    (e) Providers shall be paid within 30 business days for claims filed following procedures
13.30established by the board.
14.1    Subd. 3. Payments to institutional providers. (a) The board shall set annual budgets
14.2for institutional providers. These budgets shall consist of an operating and a capital budget.
14.3An institution's annual budget shall be set to cover its anticipated health care services for
14.4the next year based on past performance and projected changes in prices and health care
14.5service levels. The annual budget for each individual institutional provider must be set
14.6separately. The board shall not set a joint budget for a group of more than one institutional
14.7provider nor for a parent corporation that owns or operates one or more institutional provider.
14.8    (b) Providers who accept any payment from the Minnesota Health Plan for a covered
14.9health care service shall not bill the patient for the covered health care service.
14.10    Subd. 4. Capital management plan. (a) The board shall periodically develop a capital
14.11investment plan that will serve as a guide in determining the annual budgets of institutional
14.12providers and in deciding whether to approve applications for approval of capital expenditures
14.13by noninstitutional providers.
14.14    (b) Providers who propose to make capital purchases in excess of $500,000 must obtain
14.15board approval. The board may alter the threshold expenditure level that triggers the
14.16requirement to submit information on capital expenditures. Institutional providers shall
14.17propose these expenditures and submit the required information as part of the annual budget
14.18they submit to the board. Noninstitutional providers shall submit applications for approval
14.19of these expenditures to the board. The board must respond to capital expenditure applications
14.20in a timely manner.


14.23    Section 1. Minnesota Statutes 2018, section 14.03, subdivision 2, is amended to read:
14.24    Subd. 2. Contested case procedures. The contested case procedures of the
14.25Administrative Procedure Act provided in sections 14.57 to 14.69 do not apply to (a)
14.26proceedings under chapter 414, except as specified in that chapter, (b) the commissioner of
14.27corrections, (c) the unemployment insurance program and the Social Security disability
14.28determination program in the Department of Employment and Economic Development, (d)
14.29the commissioner of mediation services, (e) the Workers' Compensation Division in the
14.30Department of Labor and Industry, (f) the Workers' Compensation Court of Appeals, or (g)
14.31the Board of Pardons, or (h) the Minnesota Health Plan.

15.1    Sec. 2. Minnesota Statutes 2018, section 15A.0815, subdivision 2, is amended to read:
15.2    Subd. 2. Group I salary limits. The salary for a position listed in this subdivision shall
15.3not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
15.4on January 1. The new limit must equal the limit for the prior year increased by the percentage
15.5increase, if any, in the Consumer Price Index for all urban consumers from October of the
15.6second prior year to October of the immediately prior year. The commissioner of management
15.7and budget must publish the limit on the department's website. This subdivision applies to
15.8the following positions:
15.9    Commissioner of administration;
15.10    Commissioner of agriculture;
15.11    Commissioner of education;
15.12    Commissioner of commerce;
15.13    Commissioner of corrections;
15.14    Commissioner of health;
15.15Chief executive officer of the Minnesota Health Plan;
15.16    Commissioner, Minnesota Office of Higher Education;
15.17    Commissioner, Housing Finance Agency;
15.18    Commissioner of human rights;
15.19    Commissioner of human services;
15.20    Commissioner of labor and industry;
15.21Commissioner of management and budget;
15.22    Commissioner of natural resources;
15.23    Commissioner, Pollution Control Agency;
15.24    Commissioner of public safety;
15.25    Commissioner of revenue;
15.26    Commissioner of employment and economic development;
15.27    Commissioner of transportation; and
15.28    Commissioner of veterans affairs.

16.1    Sec. 3. [62X.06] MINNESOTA HEALTH BOARD.
16.2    Subdivision 1. Establishment. The Minnesota Health Board is established to promote
16.3the delivery of high quality, coordinated health care services that enhance health; prevent
16.4illness, disease, and disability; slow the progression of chronic diseases; and improve personal
16.5health management. The board shall administer the Minnesota Health Plan. The board shall
16.6oversee:
16.7    (1) the Office of Health Quality and Planning under section 62X.09; and
16.8    (2) the Minnesota Health Fund under section 62X.19.
16.9    Subd. 2. Board composition. (a) The board shall consist of 15 members, including a
16.10representative selected by each of the five rural regional health planning boards under section
16.1162X.08 and three representatives selected by the metropolitan regional health planning
16.12board under section 62X.08. These members shall appoint the following additional members
16.13to serve on the board:
16.14    (1) one patient member and one employer member; and
16.15    (2) five providers that include one physician, one registered nurse, one mental health
16.16provider, one dentist, and one facility director.
16.17(b) Each member shall qualify by taking the oath of office to uphold the Minnesota and
16.18United States Constitution and to operate the Minnesota Health Plan in the public interest
16.19by upholding the underlying principles of this chapter.
16.20    Subd. 3. Term and compensation; selection of chair. Board members shall serve four
16.21years. Board members shall set the board's compensation not to exceed the compensation
16.22of Public Utilities Commission members. The board shall select the chair from its
16.23membership.
16.24    Subd. 4. Removal of board member. A board member may be removed by a two-thirds
16.25vote of the members voting on removal. After receiving notice and hearing, a member may
16.26be removed for malfeasance or nonfeasance in performance of the member's duties.
16.27Conviction of any criminal behavior regardless of how much time has lapsed is grounds for
16.28immediate removal.
16.29    Subd. 5. General duties. The board shall:
16.30    (1) ensure that all of the requirements of section 62X.01 are met;
17.1    (2) hire a chief executive officer for the Minnesota Health Plan who shall be qualified
17.2after taking the oath of office specified in subdivision 2 and who shall administer all aspects
17.3of the plan as directed by the board;
17.4    (3) hire a director for the Office of Health Quality and Planning who shall be qualified
17.5after taking the oath of office specified in subdivision 2;
17.6    (4) hire a director of the Minnesota Health Fund who shall be qualified after taking the
17.7oath of office specified in subdivision 2;
17.8    (5) provide technical assistance to the regional boards established under section 62X.08;
17.9    (6) conduct necessary investigations and inquiries and require the submission of
17.10information, documents, and records the board considers necessary to carry out the purposes
17.11of this chapter;
17.12    (7) establish a process for the board to receive the concerns, opinions, ideas, and
17.13recommendations of the public regarding all aspects of the Minnesota Health Plan and the
17.14means of addressing those concerns;
17.15    (8) conduct other activities the board considers necessary to carry out the purposes of
17.16this chapter;
17.17    (9) collaborate with the agencies that license health facilities to ensure that facility
17.18performance is monitored and that deficient practices are recognized and corrected in a
17.19timely manner;
17.20    (10) adopt rules, policies, and procedures as necessary to carry out the duties assigned
17.21under this chapter;
17.22    (11) establish conflict of interest standards that prohibit providers from receiving any
17.23financial benefit from their medical decisions outside of board reimbursement, including
17.24any financial benefit for referring a patient for any service, product, or provider, or for
17.25prescribing, ordering, or recommending any drug, product, or service;
17.26    (12) establish conflict of interest standards related to pharmaceuticals, medical supplies
17.27and devices and their marketing to providers so that no provider receives any incentive to
17.28prescribe, administer, or use any product or service;
17.29    (13) require all electronic health records used by providers be fully interoperable with
17.30the open source electronic health records system used by the United States Veterans
17.31Administration;
18.1(14) provide financial help and assistance in retraining and job placement to Minnesota
18.2workers who may be displaced because of the administrative efficiencies of the Minnesota
18.3Health Plan;
18.4(15) ensure that assistance is provided to all workers and communities who may be
18.5affected by provisions in this chapter; and
18.6(16) work with the Department of Employment and Economic Development (DEED)
18.7to ensure that funding and program services are promptly and efficiently distributed to all
18.8affected workers. DEED shall monitor and report on a regular basis on the status of displaced
18.9workers.
18.10There is currently a serious shortage of providers in many health care professions, from
18.11medical technologists to registered nurses, and many potentially displaced health
18.12administrative workers already have training in some medical field. To alleviate these
18.13shortages, the dislocated worker support program should emphasize retraining and placement
18.14into health care related positions if appropriate. As Minnesota residents, all displaced workers
18.15shall be covered under the Minnesota Health Plan.
18.16    Subd. 6. Waiver request duties. Before submitting a waiver application under section
18.171332 of the Patient Protection and Affordable Care Act, Public Law Number 111-148, as
18.18amended, the board shall do the following, as required by federal law:
18.19(1) conduct or contract for any necessary actuarial analyses and actuarial certifications
18.20needed to support the board's estimates that the waiver will comply with the comprehensive
18.21coverage, affordability, and scope of coverage requirements in federal law;
18.22(2) conduct or contract for any necessary economic analyses needed to support the
18.23board's estimates that the waiver will comply with the comprehensive coverage, affordability,
18.24scope of coverage, and federal deficit requirements in federal law. These analyses must
18.25include:
18.26(i) a detailed ten-year budget plan; and
18.27(ii) a detailed analysis regarding the estimated impact of the waiver on health insurance
18.28coverage in the state;
18.29(3) establish a detailed draft implementation timeline for the waiver plan; and
18.30(4) establish quarterly, annual, and cumulative targets for the comprehensive coverage,
18.31affordability, scope of coverage, and federal deficit requirements in federal law.
18.32    Subd. 7. Financial duties. The board shall:
19.1    (1) establish and collect premiums and the business health tax according to section
19.262X.20, subdivision 1;
19.3    (2) approve statewide and regional budgets that include budgets for the accounts in
19.4section 62X.19;
19.5    (3) negotiate and establish payment rates for providers;
19.6    (4) monitor compliance with all budgets and payment rates and take action to achieve
19.7compliance to the extent authorized by law;
19.8    (5) pay claims for medical products or services as negotiated, and may issue requests
19.9for proposals from Minnesota nonprofit business corporations for a contract to process
19.10claims;
19.11    (6) seek federal approval to bill other states for health care coverage provided to residents
19.12from out-of-state who come to Minnesota for long-term care or other costly treatment when
19.13the resident's home state fails to provide such coverage, unless a reciprocal agreement with
19.14those states to provide similar coverage to Minnesota residents relocating to those states
19.15can be negotiated;
19.16    (7) administer the Minnesota Health Fund created under section 62X.19;
19.17    (8) annually determine the appropriate level for the Minnesota Health Plan reserve
19.18account and implement policies needed to establish the appropriate reserve;
19.19    (9) implement fraud prevention measures necessary to protect the operation of the
19.20Minnesota Health Plan; and
19.21    (10) work to ensure appropriate cost control by:
19.22    (i) instituting aggressive public health measures, early intervention and preventive care,
19.23health and wellness education, and promotion of personal health improvement;
19.24    (ii) making changes in the delivery of health care services and administration that improve
19.25efficiency and care quality;
19.26    (iii) minimizing administrative costs;
19.27    (iv) ensuring that the delivery system does not contain excess capacity; and
19.28    (v) negotiating the lowest possible prices for prescription drugs, medical equipment,
19.29and medical services.
19.30    If the board determines that there will be a revenue shortfall despite the cost control
19.31measures mentioned in clause (10), the board shall implement measures to correct the
20.1shortfall, including an increase in premiums and other revenues. The board shall report to
20.2the legislature on the causes of the shortfall, reasons for the inadequacy of cost controls,
20.3and measures taken to correct the shortfall.
20.4    Subd. 8. Minnesota Health Board management duties. The board shall:
20.5    (1) develop and implement enrollment procedures for the Minnesota Health Plan;
20.6    (2) implement eligibility standards for the Minnesota Health Plan;
20.7    (3) arrange for health care to be provided at convenient locations, including ensuring
20.8the availability of school nurses so that all students have access to health care, immunizations,
20.9and preventive care at public schools and encouraging providers to open small health clinics
20.10at larger workplaces and retail centers;
20.11    (4) make recommendations, when needed, to the legislature about changes in the
20.12geographic boundaries of the health planning regions;
20.13    (5) establish an electronic claims and payments system for the Minnesota Health Plan;
20.14    (6) monitor the operation of the Minnesota Health Plan through consumer surveys and
20.15regular data collection and evaluation activities, including evaluations of the adequacy and
20.16quality of services furnished under the program, the need for changes in the benefit package,
20.17the cost of each type of service, and the effectiveness of cost control measures under the
20.18program;
20.19    (7) disseminate information and establish a health care website to provide information
20.20to the public about the Minnesota Health Plan including providers and facilities, and state
20.21and regional health planning board meetings and activities;
20.22    (8) collaborate with public health agencies, schools, and community clinics;
20.23    (9) ensure that Minnesota Health Plan policies and providers, including public health
20.24providers, support all Minnesota residents in achieving and maintaining maximum physical
20.25and mental health; and
20.26    (10) annually report to the chairs and ranking minority members of the senate and house
20.27of representatives committees with jurisdiction over health care issues on the performance
20.28of the Minnesota Health Plan, fiscal condition and need for payment adjustments, any needed
20.29changes in geographic boundaries of the health planning regions, recommendations for
20.30statutory changes, receipt of revenue from all sources, whether current year goals and
20.31priorities are met, future goals and priorities, major new technology or prescription drugs,
20.32and other circumstances that may affect the cost or quality of health care.
21.1    Subd. 9. Policy duties. The board shall:
21.2    (1) develop and implement cost control and quality assurance procedures;
21.3    (2) ensure strong public health services including education and community prevention
21.4and clinical services;
21.5    (3) ensure a continuum of coordinated high-quality primary to tertiary care to all
21.6Minnesota residents; and
21.7    (4) implement policies to ensure that all Minnesota residents receive culturally and
21.8linguistically competent care.
21.9    Subd. 10. Self-insurance. The board shall determine the feasibility of self-insuring
21.10providers for malpractice and shall establish a self-insurance system and create a special
21.11fund for payment of losses incurred if the board determines self-insuring providers would
21.12reduce costs.

21.13    Sec. 4. [62X.07] HEALTH PLANNING REGIONS.
21.14    A metropolitan health planning region consisting of the seven-county metropolitan area
21.15is established. By October 1, 2018, the commissioner of health shall designate five rural
21.16health planning regions from the greater Minnesota area composed of geographically
21.17contiguous counties grouped on the basis of the following considerations:
21.18    (1) patterns of utilization of health care services;
21.19    (2) health care resources, including workforce resources;
21.20    (3) health needs of the population, including public health needs;
21.21    (4) geography;
21.22    (5) population and demographic characteristics; and
21.23    (6) other considerations as appropriate.
21.24    The commissioner of health shall designate the health planning regions.

21.25    Sec. 5. [62X.08] REGIONAL HEALTH PLANNING BOARD.
21.26    Subdivision 1. Regional planning board composition. (a) Each regional board shall
21.27consist of one county commissioner per county selected by the county board and two county
21.28commissioners per county selected by the county board in the seven-county metropolitan
21.29area. A county commissioner may designate a representative to act as a member of the board
21.30in the member's absence. Each board shall select the chair from among its membership.
22.1    (b) Board members shall serve for four-year terms and may receive per diems for meetings
22.2as provided in section 15.059, subdivision 3.
22.3    Subd. 2. Regional health board duties. Regional health planning boards shall:
22.4    (1) recommend health standards, goals, priorities, and guidelines for the region;
22.5    (2) prepare an operating and capital budget for the region to recommend to the Minnesota
22.6Health Board;
22.7    (3) collaborate with local public health care agencies to educate consumers and providers
22.8on public health programs, goals, and the means of reaching those goals;
22.9    (4) hire a regional health planning director;
22.10    (5) collaborate with public health care agencies to implement public health and wellness
22.11initiatives; and
22.12    (6) ensure that all parts of the region have access to a 24-hour nurse hotline and 24-hour
22.13urgent care clinics.

22.14    Sec. 6. [62X.09] OFFICE OF HEALTH QUALITY AND PLANNING.
22.15    Subdivision 1. Establishment. The Minnesota Health Board shall establish an Office
22.16of Health Quality and Planning to assess the quality, access, and funding adequacy of the
22.17Minnesota Health Plan.
22.18    Subd. 2. General duties. (a) The Office of Health Quality and Planning shall make
22.19annual recommendations to the board on the overall direction on subjects including:
22.20    (1) the overall effectiveness of the Minnesota Health Plan in addressing public health
22.21and wellness;
22.22    (2) access to health care;
22.23    (3) quality improvement;
22.24    (4) efficiency of administration;
22.25    (5) adequacy of budget and funding;
22.26    (6) appropriateness of payments for providers;
22.27    (7) capital expenditure needs;
22.28    (8) long-term health care;
22.29    (9) mental health and substance abuse services;
23.1    (10) staffing levels and working conditions in health care facilities;
23.2    (11) identification of number and mix of health care facilities and providers required to
23.3best meet the needs of the Minnesota Health Plan;
23.4    (12) care for chronically ill patients;
23.5(13) educating providers on promoting the use of advance directives with patients to
23.6enable patients to obtain the health care of their choice;
23.7    (14) research needs; and
23.8    (15) integration of disease management programs into health care delivery.
23.9    (b) Analyze shortages in health care workforce required to meet the needs of the
23.10population and develop plans to meet those needs in collaboration with regional planners
23.11and educational institutions.
23.12(c) Analyze methods of paying providers and make recommendations to improve quality
23.13and control costs.
23.14    (d) Assist in coordination of the Minnesota Health Plan and public health programs.
23.15    Subd. 3. Assessment and evaluation of benefits. (a) The Office of Health Quality and
23.16Planning shall:
23.17    (1) consider health care benefit additions to the Minnesota Health Plan and evaluate
23.18them based on evidence of clinical efficacy;
23.19    (2) establish a process and criteria by which providers may request authorization to
23.20provide health care services and treatments that are not included in the Minnesota Health
23.21Plan benefit set, including experimental health care treatments;
23.22    (3) evaluate proposals to increase the efficiency and effectiveness of the health care
23.23delivery system, and make recommendations to the board based on the cost-effectiveness
23.24of the proposals; and
23.25    (4) identify complementary and alternative health care modalities that have been shown
23.26to be safe and effective.
23.27(b) The board may convene advisory panels as needed.

23.28    Sec. 7. [62X.10] ETHICS AND CONFLICT OF INTEREST.
23.29    (a) All provisions of section 43A.38 apply to employees and the chief executive officer
23.30of the Minnesota Health Plan, the members and directors of the Minnesota Health Board,
24.1the regional health boards, the director of the Office of Health Quality and Planning, the
24.2director of the Minnesota Health Fund, and the ombudsman for patient advocacy. Failure
24.3to comply with section 43A.38 shall be grounds for disciplinary action which may include
24.4termination of employment or removal from the board.
24.5    (b) In order to avoid the appearance of political bias or impropriety, the Minnesota Health
24.6Plan chief executive officer shall not:
24.7    (1) engage in leadership of, or employment by, a political party or a political organization;
24.8    (2) publicly endorse a political candidate;
24.9    (3) contribute to any political candidates or political parties and political organizations;
24.10or
24.11    (4) attempt to avoid compliance with this subdivision by making contributions through
24.12a spouse or other family member.
24.13    (c) In order to avoid a conflict of interest, individuals specified in paragraph (a) shall
24.14not be currently employed by a medical provider or a pharmaceutical, medical insurance,
24.15or medical supply company. This paragraph does not apply to the five provider members
24.16of the board.

24.17    Sec. 8. [62X.11] CONFLICT OF INTEREST COMMITTEE.
24.18(a) The board shall establish a conflict of interest committee to develop standards of
24.19practice for individuals or entities doing business with the Minnesota Health Plan, including
24.20but not limited to, board members, providers, and medical suppliers. The committee shall
24.21establish guidelines on the duty to disclose the existence of a financial interest and all
24.22material facts related to that financial interest to the committee.
24.23(b) In considering the transaction or arrangement, if the committee determines a conflict
24.24of interest exists, the committee shall investigate alternatives to the proposed transaction
24.25or arrangement. After exercising due diligence, the committee shall determine whether the
24.26Minnesota Health Plan can obtain with reasonable efforts a more advantageous transaction
24.27or arrangement with a person or entity that would not give rise to a conflict of interest. If
24.28this is not reasonably possible under the circumstances, the committee shall make a
24.29recommendation to the board on whether the transaction or arrangement is in the best interest
24.30of the Minnesota Health Plan, and whether the transaction is fair and reasonable. The
24.31committee shall provide the board with all material information used to make the
24.32recommendation. After reviewing all relevant information, the board shall decide whether
24.33to approve the transaction or arrangement.

25.1    Sec. 9. [62X.12] OMBUDSMAN OFFICE FOR PATIENT ADVOCACY.
25.2    Subdivision 1. Creation of office. (a) The Ombudsman Office for Patient Advocacy is
25.3created to represent the interests of the consumers of health care. The ombudsman shall
25.4help residents of the state secure the health care services and health care benefits they are
25.5entitled to under the laws administered by the Minnesota Health Board and advocate on
25.6behalf of and represent the interests of enrollees in entities created by this chapter and in
25.7other forums.
25.8    (b) The ombudsman shall be a patient advocate appointed by the governor, who serves
25.9in the unclassified service and may be removed only for just cause. The ombudsman must
25.10be selected without regard to political affiliation and must be knowledgeable about and have
25.11experience in health care services and administration.
25.12    (c) The ombudsman may gather information about decisions, acts, and other matters of
25.13the Minnesota Health Board, health care organization, or a health care program. A person
25.14may not serve as ombudsman while holding another public office.
25.15    (d) The budget for the ombudsman's office shall be determined by the legislature and is
25.16independent from the Minnesota Health Board. The ombudsman shall establish offices to
25.17provide convenient access to residents.
25.18(e) The Minnesota Health Board has no oversight or authority over the ombudsman for
25.19patient advocacy.
25.20    Subd. 2. Ombudsman's duties. The ombudsman shall:
25.21    (1) ensure that patient advocacy services are available to all Minnesota residents;
25.22    (2) establish and maintain the grievance process according to section 62X.13;
25.23    (3) receive, evaluate, and respond to consumer complaints about the Minnesota Health
25.24Plan;
25.25    (4) establish a process to receive recommendations from the public about ways to improve
25.26the Minnesota Health Plan;
25.27    (5) develop educational and informational guides according to communication services
25.28under section 15.441, describing consumer rights and responsibilities;
25.29    (6) ensure the guides in clause (5) are widely available to consumers and specifically
25.30available in provider offices and health care facilities; and
25.31    (7) prepare an annual report about the consumer perspective on the performance of the
25.32Minnesota Health Plan, including recommendations for needed improvements.

26.1    Sec. 10. [62X.13] GRIEVANCE SYSTEM.
26.2    Subdivision 1. Grievance system established. The ombudsman shall establish a
26.3grievance system for complaints. The system shall provide a process that ensures adequate
26.4consideration of Minnesota Health Plan enrollee grievances and appropriate remedies.
26.5    Subd. 2. Referral of grievances. The ombudsman may refer any grievance that does
26.6not pertain to compliance with this chapter to the federal Centers for Medicare and Medicaid
26.7Services or any other appropriate local, state, and federal government entity for investigation
26.8and resolution.
26.9    Subd. 3. Submittal by designated agents and providers. A provider may join with,
26.10or otherwise assist, a complainant to submit the grievance to the ombudsman. A provider
26.11or an employee of a provider who, in good faith, joins with or assists a complainant in
26.12submitting a grievance is subject to the protections and remedies under sections 181.931 to
26.13181.935.
26.14    Subd. 4. Review of documents. The ombudsman may require additional information
26.15from health care providers or the board.
26.16    Subd. 5. Written notice of disposition. The ombudsman shall send a written notice of
26.17the final disposition of the grievance, and the reasons for the decision, to the complainant,
26.18to any provider who is assisting the complainant, and to the board, within 30 calendar days
26.19of receipt of the request for review unless the ombudsman determines that additional time
26.20is reasonably necessary to fully and fairly evaluate the relevant grievance. The ombudsman's
26.21order of corrective action shall be binding on the Minnesota Health Plan. A decision of the
26.22ombudsman is subject to de novo review by the district court.
26.23    Subd. 6. Data. Data on enrollees collected because an enrollee submits a complaint to
26.24the ombudsman are private data on individuals as defined in section 13.02, subdivision 12,
26.25but may be released to a provider who is the subject of the complaint or to the board for
26.26purposes of this section.

26.27    Sec. 11. [62X.14] AUDITOR GENERAL FOR THE MINNESOTA HEALTH PLAN.
26.28    Subdivision 1. Establishment. There is within the Office of the Legislative Auditor an
26.29auditor general for health care fraud and abuse for the Minnesota Health Plan who is
26.30appointed by the legislative auditor.
26.31    Subd. 2. Duties. The auditor general shall:
27.1(1) investigate, audit, and review the financial and business records of the Minnesota
27.2Health Plan and the Minnesota Health Fund;
27.3    (2) investigate, audit, and review the financial and business records of individuals, public
27.4and private agencies and institutions, and private corporations that provide services or
27.5products to the Minnesota Health Plan, the costs of which are reimbursed by the Minnesota
27.6Health Plan;
27.7    (3) investigate allegations of misconduct on the part of an employee or appointee of the
27.8Minnesota Health Board and on the part of any provider of health care services that is
27.9reimbursed by the Minnesota Health Plan, and report any findings of misconduct to the
27.10attorney general;
27.11    (4) investigate fraud and abuse;
27.12    (5) arrange for the collection and analysis of data needed to investigate the inappropriate
27.13utilization of these products and services; and
27.14    (6) annually report recommendations for improvements to the Minnesota Health Plan
27.15to the board.

27.16    Sec. 12. [62X.15] MINNESOTA HEALTH PLAN POLICIES AND PROCEDURES;
27.17RULEMAKING.
27.18    Subdivision 1. Exempt rules. The Minnesota Health Plan policies and procedures are
27.19exempt from the Administrative Procedure Act but, to the extent authorized by law to adopt
27.20rules, the board may use the provisions of section 14.386, paragraph (a), clauses (1) and
27.21(3). Section 14.386, paragraph (b), does not apply to these rules.
27.22    Subd. 2. Rulemaking procedures. (a) Whenever the board determines that a rule should
27.23be adopted under this section establishing, modifying, or revoking a policy or procedure,
27.24the board shall publish in the State Register the proposed policy or procedure and shall
27.25afford interested persons a period of 30 days after publication to submit written data or
27.26comments.
27.27(b) On or before the last day of the period provided for the submission of written data
27.28or comments, any interested person may file with the board written objections to the proposed
27.29rule, stating the grounds for objection and requesting a public hearing on those objections.
27.30Within 30 days after the last day for filing objections, the board shall publish in the State
27.31Register a notice specifying the policy or procedure to which objections have been filed
27.32and a hearing requested and specifying a time and place for the hearing.
28.1    Subd. 3. Rule adoption. Within 60 days after the expiration of the period provided for
28.2the submission of written data or comments, or within 60 days after the completion of any
28.3hearing, the board shall issue a rule adopting, modifying, or revoking a policy or procedure,
28.4or make a determination that a rule should not be adopted. The rule may contain a provision
28.5delaying its effective date for such period as the board determines is necessary.

28.6    Sec. 13. [62X.151] EXEMPTION FROM RULEMAKING.
28.7The board and its operation of the Minnesota Health Plan and the Minnesota Health
28.8Fund is exempt from rulemaking under chapter 14.

28.9    Sec. 14. Minnesota Statutes 2018, section 14.03, subdivision 3, is amended to read:
28.10    Subd. 3. Rulemaking procedures. (a) The definition of a rule in section 14.02,
28.11subdivision 4 , does not include:
28.12    (1) rules concerning only the internal management of the agency or other agencies that
28.13do not directly affect the rights of or procedures available to the public;
28.14    (2) an application deadline on a form; and the remainder of a form and instructions for
28.15use of the form to the extent that they do not impose substantive requirements other than
28.16requirements contained in statute or rule;
28.17    (3) the curriculum adopted by an agency to implement a statute or rule permitting or
28.18mandating minimum educational requirements for persons regulated by an agency, provided
28.19the topic areas to be covered by the minimum educational requirements are specified in
28.20statute or rule;
28.21    (4) procedures for sharing data among government agencies, provided these procedures
28.22are consistent with chapter 13 and other law governing data practices.
28.23    (b) The definition of a rule in section 14.02, subdivision 4, does not include:
28.24    (1) rules of the commissioner of corrections relating to the release, placement, term, and
28.25supervision of inmates serving a supervised release or conditional release term, the internal
28.26management of institutions under the commissioner's control, and rules adopted under
28.27section 609.105 governing the inmates of those institutions;
28.28    (2) rules relating to weight limitations on the use of highways when the substance of the
28.29rules is indicated to the public by means of signs;
28.30    (3) opinions of the attorney general;
29.1    (4) the data element dictionary and the annual data acquisition calendar of the Department
29.2of Education to the extent provided by section 125B.07;
29.3    (5) the occupational safety and health standards provided in section 182.655;
29.4    (6) revenue notices and tax information bulletins of the commissioner of revenue;
29.5    (7) uniform conveyancing forms adopted by the commissioner of commerce under
29.6section 507.09;
29.7    (8) standards adopted by the Electronic Real Estate Recording Commission established
29.8under section 507.0945; or
29.9    (9) the interpretive guidelines developed by the commissioner of human services to the
29.10extent provided in chapter 245A.; or
29.11    (10) rules, policies, and procedures adopted by the Minnesota Health Board under chapter
29.1262X.


29.15    Section 1. APPROPRIATION.
29.16    $1,938,000 in fiscal year 2020 and $5,850,000 in fiscal year 2021 are appropriated from
29.17the health care access fund to the Minnesota Health Fund under the Minnesota Health Plan
29.18to provide start-up funding for the provisions of chapter 62X.

29.19    Sec. 2. EFFECTIVE DATE AND TRANSITION.
29.20    Subdivision 1. Effective date. This act is effective the day following final enactment.
29.21The commissioner of management and budget and the chief executive officer of the
29.22Minnesota Health Plan shall regularly update the legislature on the status of planning,
29.23implementation, and financing of this act.
29.24    Subd. 2. Timing to implement. The Minnesota Health Plan must be operational within
29.25two years from the date of final enactment of this act.
29.26    Subd. 3. Prohibition. On and after the day the Minnesota Health Plan becomes
29.27operational, a health plan, as defined in Minnesota Statutes, section 62Q.01, subdivision 3,
29.28may not be sold in Minnesota for services provided by the Minnesota Health Plan.
29.29    Subd. 4. Transition. (a) The commissioners of health, human services, and commerce
29.30shall prepare an analysis of the state's capital expenditure needs for the purpose of assisting
30.1the board in adopting the statewide capital budget for the year following implementation.
30.2The commissioners shall submit this analysis to the board.
30.3    (b) The following timelines shall be implemented:
30.4    (1) the commissioner of health shall designate the health planning regions utilizing the
30.5criteria specified in Minnesota Statutes, section 62X.07, 30 days after the date of enactment
30.6of this act;
30.7    (2) the regional boards shall be established three months after the date of enactment of
30.8this act; and
30.9    (3) the Minnesota Health Board shall be established five months after the date of
30.10enactment of this act; and
30.11(4) the commissioner of health, or the commissioner's designee, shall convene the first
30.12meeting of each of the regional boards and the Minnesota Health Board within 30 days after
30.13each of the boards has been established.
30.14    Subd. 5. Report. Within one year of the effective date of chapter 62X, DEED shall
30.15provide to the Minnesota Health Board, the governor, and the chairs and ranking members
30.16of the legislative committees with jurisdiction over health, human services, and commerce
30.17a report spelling out the appropriations and legislation necessary to assist all affected
30.18individuals and communities through the transition."
30.19Page 1014, line 25, delete "(a) Generally."
30.20Page 1014, delete lines 27 to 33
30.21Adjust amounts accordingly
30.22Renumber the sections in sequence and correct the internal references
30.23Amend the title accordingly