reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.05 — Information On Qualified Plans.

62E.05 INFORMATION ON QUALIFIED PLANS.
Subdivision 1.
Certification.
Upon application by an insurer, fraternal, or employer for certification of a plan of health coverage as a qualified plan or a qualified Medicare supplement plan for the purposes of sections 62E.01 to 62E.19, the commissioner shall make a determination within 90 days as to whether the plan is qualified. All plans of health coverage, except Medicare supplement policies, shall be labeled as "qualified" or "nonqualified" on the front of the policy or contract, or on the schedule page. All qualified plans shall indicate whether they are number one, two, or three coverage plans. For any policy of accident and health insurance subject to the requirements of the Affordable Care Act, as defined under section 62A.011, subdivision 1a, that is offered, sold, issued, or renewed on or after January 1, 2018, the requirements of this section do not apply.
Subd. 2.
Annual report.
The state of Minnesota or any of its departments, agencies, programs, instrumentalities, or political subdivisions, shall report in writing to the association and to the commissioner of commerce no later than September 15 of each year regarding the number of persons and the amount of premiums, deductibles, co-payments, or coinsurance that it paid for on behalf of enrollees in the Comprehensive Health Association. This report must contain only summary information and must not include any individually identifiable data. The report must cover the 12-month period ending the preceding June 30.
History:
1976 c 296 art 1 s 5; 1987 c 384 art 2 s 1; 1994 c 485 s 34; 1995 c 234 art 7 s 8; 1996 c 446 art 1 s 41; 1999 c 177 s 45; 2000 c 398 s 1; 2005 c 77 s 2; 1Sp2017 c 6 art 5 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.07 — Qualified Medicare Supplement Plan.

62E.07 QUALIFIED MEDICARE SUPPLEMENT PLAN.
(a) Any plan which provides benefits may be certified as a qualified Medicare supplement plan if the plan is designed to supplement Medicare and provides coverage of 100 percent of the deductibles required under Medicare, with exclusion under paragraph (b) for any part of the Medicare Part B deductible, and 80 percent of the charges for covered services described in section 62E.06, subdivision 1, which charges are not paid by Medicare. The coverage shall include a limitation of $1,000 per person on total annual out-of-pocket expenses for the covered services.
(b) Any plan sold or issued to a newly eligible individual, as defined in section 62A.3099, subdivision 18a, that provides benefits may be certified as a qualified Medicare supplemental plan if the plan is designed to supplement Medicare and provides coverage of 100 percent of the deductibles, with the exception of coverage of:
(1) 100 percent or any portion of the Medicare Part B deductible; and
(2) 80 percent of the charges for covered services, as provided under section 62E.06, subdivision 6, that are charges not paid by Medicare.
The coverage must include a $1,000 per person limitation on total annual out-of-pocket expenses for the covered services.
History:
1976 c 296 art 1 s 7; 1989 c 258 s 12; 1992 c 554 art 1 s 14; 2019 c 26 art 5 s 12,13
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.09 — Duties Of Commissioner.

62E.09 DUTIES OF COMMISSIONER.
The commissioner may:
(a) formulate general policies to advance the purposes of sections 62E.01 to 62E.19;
(b) supervise the creation of the Minnesota Comprehensive Health Association within the limits described in section 62E.10;
(c) approve the selection of the writing carrier by the association, approve the association's contract with the writing carrier, and approve the state plan coverage;
(d) appoint advisory committees;
(e) conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association;
(f) contract with the federal government or any other unit of government to ensure coordination of the state plan with other governmental assistance programs;
(g) undertake directly or through contracts with other persons studies or demonstration programs to develop awareness of the benefits of sections 62E.01 to 62E.15, so that the residents of this state may best avail themselves of the health care benefits provided by these sections;
(h) contract with insurers and others for administrative services; and
(i) adopt, amend, suspend and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of sections 62E.01 to 62E.19.
History:
1976 c 296 art 1 s 9; 1977 c 409 s 13; 1987 c 384 art 2 s 1; 1993 c 324 s 2; 1996 c 305 art 2 s 7; 1999 c 177 s 46; 2013 c 84 art 1 s 41
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.101 — Managed Care Delivery Method.

62E.101 MANAGED CARE DELIVERY METHOD.
The association may form a preferred provider network or contract with an existing provider network, health maintenance organization, or nonprofit health service plan corporation to deliver the services and benefits provided for in the plans of health coverage offered. If the association does not contract with an existing provider network, health maintenance organization, or nonprofit health service plan corporation, the association may adopt a provider payment schedule and negotiate provider payment rates subject to the approval of the commissioner.
History:
1991 c 165 s 5; 2000 c 398 s 4
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.141 — Inclusion In Employer-sponsored Plan.

62E.141 INCLUSION IN EMPLOYER-SPONSORED PLAN.
No employee of an employer that offers a health plan, under which the employee is eligible for coverage, is eligible to enroll, or continue to be enrolled, in the Comprehensive Health Association, except for enrollment or continued enrollment necessary to cover a condition that is subject to an unexpired preexisting condition limitation, preexisting condition exclusion, or exclusionary rider under the employer's health plan. This section does not apply to persons enrolled in the Comprehensive Health Association as of June 30, 1993. With respect to persons eligible to enroll in the health plan of an employer that has more than 29 current employees, as defined in section 62L.02, this section does not apply to persons enrolled in the Comprehensive Health Association as of December 31, 1994.
History:
1992 c 549 art 3 s 17; 1994 c 625 art 10 s 14; 1995 c 234 art 7 s 9; 2010 c 363 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.18 — Health Insurance For Retired Employees Not Eligible For Medicare.

62E.18 HEALTH INSURANCE FOR RETIRED EMPLOYEES NOT ELIGIBLE FOR MEDICARE.
A Minnesota resident who is age 65 or over and is not eligible for the health insurance benefits of the federal Medicare program is entitled to purchase the benefits of a qualified plan, one or two, or the $2,000, $5,000, or $10,000 annual deductible plan if available, offered by the Minnesota Comprehensive Health Association without any of the limitations set forth in section 62E.14, subdivision 1, paragraph (c), and subdivision 3.
History:
1987 c 337 s 71; 2000 c 398 s 8; 2003 c 109 s 8
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.19 — Payments For Preexisting Conditions.

62E.19 PAYMENTS FOR PREEXISTING CONDITIONS.
Subdivision 1.
Employer liability.
An employer is liable to the association for the costs of any preexisting conditions of the employer's former employees or their dependents during the first six months of coverage under the state comprehensive health insurance plan under the following conditions:
(1)(i) the employer has terminated or laid off employees and is required to meet the notice requirements under section 116L.976, subdivision 2;
(ii) the employer has failed to provide, arrange for, or make available continuation health insurance coverage required to be provided under federal or state law to employees or their dependents; and
(iii) the employer's former employees or their dependents enroll in the state comprehensive health insurance plan with a waiver of the preexisting condition limitation under section 62E.14, subdivision 4a or 5; or
(2)(i) the employer has terminated or allowed the employer's plan of health insurance coverage to lapse within 90 days prior to the date of termination or layoff of an employee; and
(ii) the employer's former employees or their dependents enroll in the state comprehensive health insurance plan with a waiver of the preexisting condition limitation under section 62E.14, subdivision 4a or 5.
The employer shall pay a special assessment to the association for the costs of the preexisting conditions. The special assessment may be assessed before the association makes the annual determination of each contributing member's liability as required under this chapter. The association may enforce the obligation to pay the special assessment by action, as a claim in an insolvency proceeding, or by any other method not prohibited by law.
If the association makes the special assessment permitted by this subdivision, the association may also make any assessment of contributing members otherwise permitted by law, without regard to the special assessment permitted by this subdivision. Contributing members must pay the assessment, subject to refund or adjustment in the event of receipt by the association of any portion of the special assessment.
Subd. 2.
Exemption.
Subdivision 1 does not apply to a termination of or failure to implement an employee health benefit plan which results from or occurs during a strike or lockout, nor does it apply to employee health benefit plans separately provided by an employee organization or bargaining agent, regardless of any financial contribution to the plan by the employer.
History:
1990 c 523 s 7; 1991 c 199 art 1 s 11; 1994 c 485 s 35; 2004 c 206 s 52
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.21 — Definitions.

62E.21 DEFINITIONS.
Subdivision 1.
Application.
For the purposes of sections 62E.21 to 62E.25, the terms defined in this section have the meanings given them.
Subd. 2.
Affordable Care Act.
"Affordable Care Act" means the federal act as defined in section 62A.011, subdivision 1a.
Subd. 3.
Attachment point.
"Attachment point" means an amount as provided in section 62E.23, subdivision 2, paragraph (b).
Subd. 4.
Benefit year.
"Benefit year" means the calendar year for which an eligible health carrier provides coverage through an individual health plan.
Subd. 5.
Board.
"Board" means the board of directors of the Minnesota Comprehensive Health Association created under section 62E.10.
Subd. 6.
Coinsurance rate.
"Coinsurance rate" means the rate as provided in section 62E.23, subdivision 2, paragraph (c).
Subd. 7.
Commissioner.
"Commissioner" means the commissioner of commerce.
Subd. 8.
Eligible health carrier.
"Eligible health carrier" means all of the following that offer individual health plans and incur claims costs for an individual enrollee's covered benefits in the applicable benefit year:
(1) an insurance company licensed under chapter 60A to offer, sell, or issue a policy of accident and sickness insurance as defined in section 62A.01;
(2) a nonprofit health service plan corporation operating under chapter 62C; or
(3) a health maintenance organization operating under chapter 62D.
Subd. 9.
Individual health plan.
"Individual health plan" means a health plan as defined in section 62A.011, subdivision 4, that is not a grandfathered plan as defined in section 62A.011, subdivision 1b.
Subd. 10.
Individual market.
"Individual market" has the meaning given in section 62A.011, subdivision 5.
Subd. 11.
Minnesota Comprehensive Health Association or association.
"Minnesota Comprehensive Health Association" or "association" has the meaning given in section 62E.02, subdivision 14.
Subd. 12.
Minnesota premium security plan or plan.
"Minnesota premium security plan" or "plan" means the state-based reinsurance program authorized under section 62E.23.
Subd. 13.
Payment parameters.
"Payment parameters" means the attachment point, reinsurance cap, and coinsurance rate for the plan.
Subd. 14.
Reinsurance cap.
"Reinsurance cap" means the threshold amount as provided in section 62E.23, subdivision 2, paragraph (d).
Subd. 15.
Reinsurance payments.
"Reinsurance payments" means an amount paid by the association to an eligible health carrier under the plan.
History:
2017 c 13 art 1 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.22 — Duties Of Commissioner.

62E.22 DUTIES OF COMMISSIONER.
The commissioner shall require eligible health carriers to calculate the premium amount the eligible health carrier would have charged for the benefit year if the Minnesota premium security plan had not been established. The eligible health carrier must submit this information as part of its rate filing. The commissioner must consider this information as part of the rate review.
History:
2017 c 13 art 1 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62E — Comprehensive Health Insurance › Section 62E.25 — Accounts.

62E.25 ACCOUNTS.
Subdivision 1.
Premium security plan account.
The premium security plan account is created in the special revenue fund of the state treasury. Funds in the account are appropriated annually to the commissioner of commerce for grants to the Minnesota Comprehensive Health Association for the operational and administrative costs and reinsurance payments relating to the start-up and operation of the Minnesota premium security plan. Notwithstanding section 11A.20, all investment income and all investment losses attributable to the investment of the premium security plan account shall be credited to the premium security plan account.
Subd. 2.
Deposits.
Except as provided in subdivision 3, funds received by the commissioner of commerce or other state agency pursuant to the state innovation waiver request in Laws 2017, chapter 13, article 1, section 8, shall be deposited in the premium security plan account in subdivision 1.
Subd. 3.
Basic health plan trust account.
Funds received by the commissioner of commerce or other state agency pursuant to the state innovation waiver request in Laws 2017, chapter 13, article 1, section 8, that are attributable to the basic health program shall be deposited in the basic health plan trust account in the federal fund.
History:
2017 c 13 art 1 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.01 — Authority To Jointly Self-insure.

62H.01 AUTHORITY TO JOINTLY SELF-INSURE.
Any two or more employers, excluding the state and its political subdivisions as described in section 471.617, subdivision 1, who are authorized to transact business in Minnesota may jointly self-insure employee health, dental, short-term disability benefits, or other benefits permitted under the Employee Retirement Income Security Act of 1974, United States Code, title 29, sections 1001 et seq. If an employer chooses to jointly self-insure in accordance with this chapter, the employer must participate in the joint plan for at least three consecutive years. If an employer terminates participation in the joint plan before the conclusion of this three-year period, a financial penalty may be assessed under the joint plan, not to exceed the amount contributed by the employer to the plan's reserves as determined under Minnesota Rules, part 2765.1200. Joint plans must have a minimum of 1,000 covered enrollees and meet all conditions and terms of sections 62H.01 to 62H.08. Joint plans covering employers not resident in Minnesota must meet the requirements of sections 62H.01 to 62H.08 as if the portion of the plan covering Minnesota resident employees was treated as a separate plan.
A multiple employer welfare arrangement as defined in United States Code, title 29, section 1002(40)(a), is subject to this chapter to the extent authorized by the Employee Retirement Income Security Act of 1974, United States Code, title 29, sections 1001 et seq. The commissioner of commerce may, on behalf of the state, enter into an agreement with the United States Secretary of Labor for delegation to the state of some or all of the secretary's enforcement authority with respect to multiple employer welfare arrangements, as described in United States Code, title 29, section 1136(c).
History:
1983 c 241 s 1; 1987 c 337 s 74; 1992 c 549 art 3 s 18; 1992 c 564 art 1 s 43; 1994 c 485 s 36; 1997 c 175 art 4 s 1; 2002 c 330 s 17; 2004 c 288 art 6 s 4
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.02 — Required Provisions.

62H.02 REQUIRED PROVISIONS.
(a) A joint self-insurance plan must include aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurance company licensed by the state of Minnesota.
(b) Aggregate excess stop-loss coverage must include provisions to cover incurred, unpaid claim liability in the event of plan termination.
(c) The plan of self-insurance must have participating employers fund an amount at least equal to the point at which the excess or stop-loss insurer has contracted to assume 100 percent of additional liability.
(d) A joint self-insurance plan must submit its proposed excess or stop-loss insurance contract to the commissioner of commerce at least 30 days prior to the proposed plan's effective date and at least 30 days subsequent to any renewal date. The commissioner shall review the contract to determine if they meet the standards established by sections 62H.01 to 62H.08 and respond within a 30-day period.
(e) Any excess or stop-loss insurance plan must contain a provision that the excess or stop-loss insurer will give the plan and the commissioner of commerce a minimum of 180 days' notice of termination or nonrenewal. If the plan fails to secure replacement coverage within 60 days after receipt of the notice of cancellation or nonrenewal, the commissioner shall issue an order providing for the orderly termination of the plan.
(f) The commissioner may waive the requirements of this section and of any rule relating to the requirements of this section, if the commissioner determines that a joint self-insurance plan has established alternative arrangements that fully fund the plan's liability or incurred but unpaid claims. The commissioner may not waive the requirement that a joint self-insurance plan have excess stop-loss coverage.
History:
1983 c 241 s 2; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1987 c 337 s 75; 2004 c 288 art 6 s 5; 2007 c 147 art 12 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.03 — Marketing, Risk Management, Or Administrative Services.

62H.03 MARKETING, RISK MANAGEMENT, OR ADMINISTRATIVE SERVICES.
No joint self-insurance plan may offer marketing, risk management, or administrative services unless these services are provided by vendors duly licensed by the commissioner to provide these services. No vendor of these services may be a trustee of any joint self-insurance plan for which they provide marketing, risk management, or administrative services.
History:
1983 c 241 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.04 — Compliance With Other Laws.

62H.04 COMPLIANCE WITH OTHER LAWS.
(a) A joint self-insurance plan is subject to the requirements of chapters 62A, 62E, 62L, and 62Q, and sections 72A.17 to 72A.32 unless otherwise specifically exempt. A joint self-insurance plan must pay assessments made by the Minnesota Comprehensive Health Association, as required under section 62E.11.
(b) A joint self-insurance plan is exempt from providing the mandated health benefits described in chapters 62A, 62E, 62L, and 62Q if it otherwise provides the benefits required under the Employee Retirement Income Security Act of 1974, United States Code, title 29, sections 1001, et seq., for all employers and not just for the employers with 50 or more employees who are covered by that federal law.
(c) A joint self-insurance plan is exempt from section 62L.03, subdivision 1, if the plan offers an annual open enrollment period of no less than 15 days during which all employers that qualify for membership may enter the plan without preexisting condition limitations or exclusions except those permitted under chapter 62L.
(d) A joint self-insurance plan is exempt from sections 62A.146, 62A.16, 62A.17, 62A.20, 62A.21, and 62A.65, subdivision 5, paragraph (b), if the joint self-insurance plan complies with the continuation requirements under the Employee Retirement Income Security Act of 1974, United States Code, title 29, sections 1001, et seq., for all employers and not just for the employers with 20 or more employees who are covered by that federal law.
(e) A joint self-insurance plan must provide to all employers the maternity coverage required by federal law for employers with 15 or more employees.
(f) A joint self-insurance plan must comply with all the provisions and requirements of the Affordable Care Act as defined under section 62A.011, subdivision 1a, to the extent that they apply to such plans.
History:
1983 c 241 s 4; 1987 c 337 s 76; 1995 c 234 art 7 s 10; 2002 c 330 s 18; 2004 c 288 art 6 s 6; 2013 c 84 art 1 s 43
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.05 — Management Of Funds.

62H.05 MANAGEMENT OF FUNDS.
Funds collected from the participating employers under joint self-insurance plans must be held in trust subject to the following requirements:
(a) A board of trustees elected by participating employers shall serve as fund managers on behalf of participants. Trustees must be plan participants. No participating employer may be represented by more than one trustee. A minimum of three and a maximum of seven trustees may be elected. Trustees shall receive no remuneration, but they may be reimbursed for actual and reasonable expenses incurred in connection with duties as trustees.
(b) Trustees shall be bonded in an amount not less than $100,000 or no more than $500,000 from a licensed bonding company.
(c) Investment of plan funds is subject to the same restrictions as are applicable to political subdivisions pursuant to section 118A.04. All investments must be managed by a bank or other investment organization licensed to operate in Minnesota.
(d) Trustees, on behalf of the fund, shall file annual reports with the commissioner of commerce within 30 days immediately following the end of each calendar year. The reports must summarize the financial condition of the fund, itemize collection from participating employers, and detail all fund expenditures.
History:
1983 c 241 s 5; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1996 c 399 art 2 s 12
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.06 — Regulation Of Plans By Commissioner.

62H.06 REGULATION OF PLANS BY COMMISSIONER.
The commissioner of commerce shall promulgate rules to insure the solvency and operation of all self-insured plans subject to this chapter. The commissioner may examine the joint self-insurance plans pursuant to sections 60A.03 and 60A.031.
History:
1983 c 241 s 6; 1983 c 289 s 114 subd 1; 1984 c 640 s 32; 1984 c 655 art 1 s 92; 1985 c 248 s 26; 1995 c 233 art 2 s 56
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.08 — Exemption.

62H.08 EXEMPTION.
A homogenous joint employer plan providing group health benefits, which was in existence prior to March 1, 1983, and which is associated with, or organized or sponsored by, an association exempt from taxation under United States Code, title 26, section 501(c)(6), and controlled by a board of trustees a majority of whom are members of the association, is exempt from the requirements of sections 62H.01 to 62H.08 and 471.617, subdivisions 1 to 3, and the insurance laws of this state, except that the association must comply with the provisions of chapter 62L with respect to any members that are small employers.
History:
1983 c 241 s 8; 1995 c 234 art 7 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.11 — Agents And Brokers Prohibited From Assisting Reportable Mewas Prior To Filing.

62H.11 AGENTS AND BROKERS PROHIBITED FROM ASSISTING REPORTABLE MEWAS PRIOR TO FILING.
(a) No agent or broker may solicit, advertise, or market in this state health benefits or coverage from, or accept an application for, or place coverage for a person who resides in this state with, a reportable MEWA unless the agent or broker first files with the commissioner the information required under section 62H.16.
(b) No agent or broker may solicit another agent or broker to enter into an arrangement to solicit, advertise, or market services, health benefits, or coverage of a reportable MEWA unless the agent or broker first files with the commissioner the information required under section 62H.16.
History:
1994 c 485 s 38
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.12 — Agents And Brokers Prohibited From Assisting Employee Leasing Arrangements Prior To Filing.

62H.12 AGENTS AND BROKERS PROHIBITED FROM ASSISTING EMPLOYEE LEASING ARRANGEMENTS PRIOR TO FILING.
(a) No agent or broker may solicit, advertise, or market in this state the services, health benefits, or coverage of an employee leasing arrangement or a person or arrangement which represents itself as an employee leasing arrangement unless the agent or broker first files with the commissioner the information required under section 62H.16.
(b) No agent or broker may solicit another agent or broker to enter into an arrangement to solicit, advertise, or market the services, health benefits, or coverage of an employee leasing arrangement unless the agent or broker first files with the commissioner the information required under section 62H.16.
History:
1994 c 485 s 39
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.13 — Agents And Brokers Prohibited From Assisting Collectively Bargained Arrangements Prior To Filing.

62H.13 AGENTS AND BROKERS PROHIBITED FROM ASSISTING COLLECTIVELY BARGAINED ARRANGEMENTS PRIOR TO FILING.
(a) No agent or broker may solicit, advertise, or market in this state health benefits or coverage from, or accept an application for, or place coverage for a person who resides in this state with, a collectively bargained arrangement or an arrangement that represents itself as a collectively bargained arrangement unless the agent or broker first files with the commissioner the information required under section 62H.16.
(b) No agent or broker may solicit another agent or broker to enter into an arrangement to solicit, advertise, or market the health benefits or coverage of a collectively bargained arrangement unless the agent or broker first files with the commissioner the information required under section 62H.16.
History:
1994 c 485 s 40
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.14 — Third-party Administrators And Licensed Insurers Prohibited From Assisting Reportable Mewas Prior To Filing.

62H.14 THIRD-PARTY ADMINISTRATORS AND LICENSED INSURERS PROHIBITED FROM ASSISTING REPORTABLE MEWAS PRIOR TO FILING.
(a) No third-party administrator may solicit or effect coverage of, underwrite for, collect charges or premium for, or adjust or settle claims of a resident of this state for, or enter into any agreement to perform any of those functions for, a reportable MEWA that provides coverage to residents of this state unless the third-party administrator first files with the commissioner the information required under section 62H.16.
(b) No licensed insurer may solicit or effect coverage of, underwrite for, collect charges or premiums for, adjust or settle claims of a resident of this state for, or enter into any agreement to perform any of those functions for a reportable MEWA that provides coverage to residents of this state unless the insurer first files with the commissioner the information required under section 62H.16.
(c) A licensed insurer that issues or has issued any insurance coverage to a reportable MEWA that covers residents of this state, including, but not limited to, specific or aggregate stop-loss coverage, shall file with the commissioner the information required under section 62H.16 within 30 days after the coverage is issued or within 30 days after the date the reportable MEWA first provides coverage to a resident of this state, whichever is later.
History:
1994 c 485 s 41
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.15 — Lack Of Knowledge Not A Defense.

62H.15 LACK OF KNOWLEDGE NOT A DEFENSE.
(a) Lack of knowledge or intent to deceive with respect to the organization or status of insurance coverage of a reportable MEWA, employee leasing firm, or collectively bargained arrangement is not a defense to a violation of sections 62H.10 to 62H.17.
(b) A filing under sections 62H.10 to 62H.17 is solely for the purpose of providing information to the commissioner. Sections 62H.10 to 62H.17 and a filing under those sections do not authorize or license a reportable MEWA, employee leasing firm, collectively bargained arrangement, or any other arrangement to engage in business in this state if otherwise prohibited by law.
History:
1994 c 485 s 42
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.16 — Information Required To Be Filed And Kept Current.

62H.16 INFORMATION REQUIRED TO BE FILED AND KEPT CURRENT.
(a) An agent, broker, third-party administrator, or insurer required to file under sections 62H.10 to 62H.17 shall file with the commissioner all of the following information on a form prescribed by the commissioner:
(1) a copy of the organizational documents of the reportable MEWA, employee leasing firm, or collectively bargained arrangement, including the articles of incorporation and bylaws, partnership agreement, or trust instrument;
(2) a copy of each insurance or reinsurance contract that purports to insure or guarantee all or any portion of benefits or coverage offered by the reportable MEWA, employee leasing firm, or collectively bargained arrangement to a person who resides in this state;
(3) copies of the benefit plan description and other materials intended to be distributed to potential purchasers; and
(4) the names and addresses of all persons performing or expected to perform the functions of a third-party administrator for the reportable MEWA, employee leasing firm, or collectively bargained arrangement.
(b) A filing under sections 62H.10 to 62H.17 is ineffective and is not in compliance with those sections if it is incomplete or inaccurate in a material respect.
(c) A person who has made a filing under sections 62H.10 to 62H.17 shall amend the filing within 30 days of the date the person becomes aware, or exercising due diligence should have become aware, of any material change to the information required to be filed. The amended filing must accurately reflect the material change to the information originally filed.
History:
1994 c 485 s 43
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62H — Employer Health Coverage Arrangements › Section 62H.17 — Liability For Violation.

62H.17 LIABILITY FOR VIOLATION.
If an arrangement that is an unauthorized insurer fails to pay a claim or loss in this state within the provisions of its contract, a person who violates sections 62H.10 to 62H.17 with respect to the arrangement is liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of the insurance contract.
History:
1994 c 485 s 44
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.03 — Definition.

62I.03 DEFINITION.
Subdivision 1.
Scope.
As used in sections 62I.01 to 62I.22 the following terms have the meanings given them in this section.
Subd. 2.
Association.
"Association" means the Minnesota Joint Underwriting Association and incorporates the duties and responsibilities of the Medical Malpractice Joint Underwriting Association previously authorized by chapter 62F.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of commerce.
Subd. 4.
Direct written premiums.
"Direct written premiums" means that amount from the Statutory Annual Statement filed annually with the National Association of Insurance Commissioners (NAIC), at column (1) of the Exhibit of Premium and Losses (statutory page 14 data) for this state. Direct written premiums are further identified by kind of insurance as follows:
(1)
General
at column (1), lines 5, 8, 9, 17.1, 17.2, 21.2, 22, 23, 24, 26, and 27.
(2)
Liquor Liability
at column (1), lines 5.2, 17.1, and 17.2.
(3)
Medical Malpractice
at column (1), lines 5.2, 11, 17.1, 17.2, 19.1, and 19.3.
Subd. 5.
Deficit.
"Deficit" means, for a particular policy year, that amount by which total paid and outstanding losses and loss adjustment expenses and operating expenses exceed premium revenue.
Subd. 5a.
Market assistance coordinator.
"Market assistance coordinator" means an employee of the association, or a person under contract with the association, who assists a person or entity applying to the association for coverage to obtain coverage in the private market.
Subd. 6.
[Repealed by amendment, 2017 c 34 s 2]
Subd. 6a.
Member.
"Member" means an insurer licensed to write either or both of the following in this state: (1) property and casualty insurance; (2) personal injury liability insurance.
Subd. 7.
Personal injury liability insurance.
"Personal injury liability insurance" means insurance described in section 60A.06, subdivision 1, clause (13).
Subd. 8.
Licensed health care provider professional services.
"Licensed health care provider professional services" means services performed by an individual licensed health care provider that are undertaken with the objective of providing prevention care, rehabilitative care, treatment of specific diseases, injuries, or conditions, or care rendered with the intent of stabilizing the patient's condition and preventing further deterioration or injury. Professional services do not include services provided by licensed health care providers who rely solely on spiritual or divine intervention as the only means of care or treatment.
History:
1986 c 455 s 22; 1987 c 337 s 79; 1994 c 485 s 46; 2003 c 21 s 3; 2017 c 34 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.04 — Policy Issuance.

62I.04 POLICY ISSUANCE.
Any person or entity that is a resident of the state of Minnesota who has a current notice of refusal to insure from an insurer licensed to offer insurance in the state of Minnesota may make written application to the association for coverage. The applicable premium or required portion of it must be paid prior to coverage by the association.
The association is authorized to (1) issue or cause to be issued insurance policies to applicants subject to limits specified in the plan of operation; (2) underwrite the insurance and adjust and pay losses with respect to it; (3) conduct risk management and loss prevention services; (4) assume reinsurance from its members; (5) cede reinsurance; and (6) retain, hire, or appoint individuals or companies to perform any of these functions.
History:
1986 c 455 s 23; 1987 c 337 s 80; 2003 c 21 s 4
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.05 — Plan Of Operation.

62I.05 PLAN OF OPERATION.
The association shall have a plan of operation which shall be consistent with the provisions of this chapter and that provides for economic, fair, and nondiscriminatory administration and for the prompt, efficient provision of insurance coverage of the types provided by section 62I.02. It shall provide for an expedited review and determination by the board of any application for a type of coverage that has not been previously excluded or authorized, and other provisions necessary for the operation and management of the association.
The plan of operation is subject to approval by the commissioner. If the commissioner disapproves all or any part of the proposed plan of operation, the directors shall within 15 days submit for review an appropriate revised plan of operation. If a revised plan is not submitted within 15 days the commissioner shall promulgate a plan of operation. The plan of operation approved or promulgated by the commissioner is effective and operational upon the order of the commissioner.
Amendments to the plan of operation may be made by the directors of the association subject to approval by the commissioner.
History:
1986 c 455 s 24; 2003 c 21 s 5; 2017 c 34 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.07 — Membership Assessments.

62I.07 MEMBERSHIP ASSESSMENTS.
Subdivision 1.
Assessment.
Each member of the association shall participate in its losses and expenses in the proportion that the direct written premiums of the member on the kinds of insurance in that account bears to the total aggregate direct written premiums written in this state by all members on the kinds of insurance in that account. The members' participation in the association shall be determined annually on the direct written premiums written during the preceding calendar year as reported on the Statutory Annual Statements as filed by the member with the NAIC.
Subd. 2.
[Repealed by amendment, 2017 c 34 s 5]
Subd. 3.
[Repealed by amendment, 2017 c 34 s 5]
History:
1986 c 455 s 26; 1994 c 485 s 47; 1996 c 446 art 1 s 48; 1999 c 177 s 51; 2001 c 215 s 20; 2017 c 34 s 5
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.08 — Application Procedure.

62I.08 APPLICATION PROCEDURE.
A person or entity that has been denied coverage or is unable to find an insurer willing to write coverage is eligible to make an application to the association. To show eligibility to participate in the association the applicant shall certify that the applicant has been unable to find the coverage sought by the applicant. No further proof shall be required of the applicant, except that the application form may require the date and the name of the insurance company denying coverage and may require a copy of a written offer if the rate qualifies the applicant to apply under section 62I.13, subdivision 2.
History:
1986 c 455 s 27; 1994 c 425 s 15; 2003 c 21 s 6; 2017 c 34 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.121 — Benefits For Employees.

62I.121 BENEFITS FOR EMPLOYEES.
At the option of the board, employees may participate in the state retirement plan and the state deferred compensation plan for employees in the unclassified service, and an insurance plan administered by the commissioner of management and budget under chapter 43A.
History:
1992 c 564 art 1 s 44; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.13 — Action By The Minnesota Joint Underwriting Association Upon The Application.

62I.13 ACTION BY THE MINNESOTA JOINT UNDERWRITING ASSOCIATION UPON THE APPLICATION.
Subdivision 1.
Generally.
To be eligible to participate in the association, an applicant must apply for coverage as required by this section and section 62I.08.
Subd. 2.
Minimum of qualifications.
Anyone who is unable to obtain insurance in the private market and who so certifies to the association is eligible to apply to the association for coverage. The application may require information as provided in section 62I.08. Payment of the applicable premium or required portion of it must be paid prior to coverage by the association. An offer of coverage at a rate in excess of the rate that would be charged by the association for similar coverage and risk shall be deemed to be a refusal of coverage for purposes of eligibility for participation in the association. It shall not be deemed to be a written notice of refusal if the rate for coverage offered is less than ten percent in excess of the joint underwriting association rates for similar coverage and risk or 20 percent in excess of the Joint Underwriting Association rates for liquor liability coverages. However, the offered rate must be the rate generally charged by the insurer for similar coverage and risk.
Subd. 3.
Disqualifying factors.
For good cause, coverage may be denied or terminated by the association. Good cause may exist if the applicant or insured: (1) has an outstanding debt due or owing to the association at the time of application or renewal arising from a prior policy; (2) refuses to permit completion of an audit requested by the commissioner or the association; (3) submits misleading or erroneous information to the commissioner or the association; (4) disregards safety standards, laws, rules or ordinance pertaining to the risk being insured; (5) fails to supply information requested by the commissioner or the association; and (6) fails to comply with the terms of the policies or contracts for coverage issued by the association.
Subd. 4.
[Repealed, 2003 c 21 s 13]
Subd. 5.
Notice.
An application for coverage by the association must be granted or denied within ten days after receipt of a properly completed application and any supplemental information requested. Anyone covered by the association must be given at least 30 days' notice of nonrenewal or cancellation of coverage.
Subd. 6.
[Repealed by amendment, 2017 c 34 s 7]
History:
1986 c 455 s 32; 1987 c 337 s 82; 1994 c 425 s 16; 1994 c 485 s 48,49; 2003 c 21 s 7,8; 2005 c 10 art 1 s 14; 2017 c 34 s 7
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.14 — Assessments.

62I.14 ASSESSMENTS.
In the event the commissioner orders an assessment, an assessed insurer must pay the assessment within 30 days of receipt of notice of the assessment. The commissioner may suspend or revoke an insurer's certificate of authority and impose a civil penalty in an amount not to exceed $10,000 for an insurer's failure to pay the assessment within the 30-day period.
History:
1986 c 455 s 33; 2003 c 21 s 9; 2017 c 34 s 8
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.15 — Extension Of Coverage.

62I.15 EXTENSION OF COVERAGE.
If the association determines that the applicant meets the underwriting standards of the association as described in the plan of operation and section 62I.13, the association upon receipt of the premium or portion of it as described in the plan of operation shall issue a policy of insurance to the applicant.
History:
1986 c 455 s 34; 2017 c 34 s 9
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.16 — Stabilization Reserve Fund.

62I.16 STABILIZATION RESERVE FUND.
Subdivision 1.
Creation.
There is created a stabilization reserve fund. Each policyholder shall pay to the association a stabilization reserve fund charge of 33 percent of each premium payment due for insurance through the association. This charge shall be separately stated in the policy. The association shall cancel the policy of any policyholder who fails to pay the stabilization reserve fund charge.
Subd. 2.
Payment.
The association shall promptly pay into the stabilization reserve fund all fund charges it collects from its policyholders.
Subd. 3.
Supervision.
All money paid into the fund shall be separately accounted for by the board of directors. The money held in the fund may be invested. All investment income shall be credited to the fund. All expenses of the administration of the fund shall be charged against the fund. Any stabilization reserve fund charges from a particular policy year must be returned to policyholders after all claims and expense obligations from that particular policy year are satisfied.
Subd. 4.
Exemption.
The board of directors may, upon their own motion or upon application of any applicant or insured, exempt any group from the payment of the stabilization reserve charge. The exemption shall be granted only to those groups who are unable to obtain insurance coverage in the private market as a result of the private market's refusal to write coverage for that group rather than because of loss experiences or risks posed by the applicant or insured as an individual. It shall be presumed that a group is qualified for this exemption if more than 20 percent of the members of that group are unable to obtain the insurance coverage that they seek. The board of directors shall also consider granting exemption if any members of the same group are unable to obtain coverage in the private market even though no claims have been made against them or payments made on their behalf by any insurer within the last three years.
Subd. 5.
Surcharge.
In addition to determining the basic rate for coverages to be offered, the association shall also develop a surcharge plan or similar method for adjusting the rate to be charged to those persons who have had claims made against them. The surcharge plan shall take into effect the risk posed to the association by the applicant or the insured. The surcharge plan shall be sufficient to provide for the sound financial operation of the plan based upon commonly agreed-upon actuarial principles.
History:
1986 c 455 s 35; 1987 c 337 s 83; 1989 c 260 s 8; 2003 c 21 s 10; 2017 c 34 s 10
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.17 — Immunity From Liability.

62I.17 IMMUNITY FROM LIABILITY.
No cause of action of any nature shall arise against the association, the members of its board of directors, its employees or authorized agents, the commissioner or the commissioner's authorized representatives, or any other person or organization, for any action or omission made in good faith by them concerning any matters within the scope of this chapter or any related proceedings. The association, board members, employees, and authorized agents shall also be entitled to indemnification provided in section 317A.521 as if the association were a corporation within the meaning of that section. At its discretion, the association may obtain insurance coverage for matters addressed by this section.
History:
1986 c 455 s 36; 2017 c 34 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62I — Joint Underwriting Association › Section 62I.18 — Right Of Appeal.

62I.18 RIGHT OF APPEAL.
Any applicant to the association, any person insured pursuant to this chapter or their representatives, any affected insurer, or any person who has applied for coverage pursuant to this chapter may appeal to the commissioner within 30 days after any ruling, action, or decision by or on behalf of the association with respect to those items that the plan of operation defines as appealable matters.
History:
1986 c 455 s 37