reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.59 — Enforcement; Effect Of Compliance.

61A.59 ENFORCEMENT; EFFECT OF COMPLIANCE.
(a) An agent, broker, or insurer shall not recommend the replacement or conservation of an existing policy or contract by use of a substantially inaccurate presentation or comparison of an existing policy's or contract's premiums and benefits or dividends and values, if any. An insurer, agent, representative, officer, or employee of the insurer failing to comply with the requirements of sections 61A.53 to 61A.60 is subject to such penalties as may be appropriate under this chapter.
(b) Patterns of action by policyholders or contract holders who purchase replacing policies or contracts from the same agent or broker, after indicating on applications that replacement is not involved, are prima facie evidence of the agent's or broker's knowledge that replacement was intended in connection with the sale of those policies, and the patterns of action are prima facie evidence of the agent's or broker's intent to violate sections 61A.53 to 61A.60.
(c) Sections 61A.53 to 61A.60 do not prohibit the use of additional material other than that which is required that does not violate those sections or any other statute or rule.
(d) Compliance by an insurer, agent, or broker with sections 61A.53 to 61A.60 does not limit any cause of action or other remedies that the insured may otherwise have against an insurer, agent, or broker. In a proceeding in which the insured's knowledge or understanding is an issue, compliance with those sections may be admitted as evidence on that issue, but shall not be conclusive.
History:
1996 c 446 art 1 s 19
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.70 — Applicability And Scope.

61A.70 APPLICABILITY AND SCOPE.
Sections 61A.70 to 61A.745 apply to all group and individual life insurance policies and certificates except:
(1) variable life insurance;
(2) individual and group annuity contracts;
(3) credit life insurance; or
(4) life insurance policies with no illustrated death benefits on any individual exceeding $10,000.
History:
2007 c 104 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.71 — Policies To Be Illustrated.

61A.71 POLICIES TO BE ILLUSTRATED.
(a) Each insurer marketing policies to which sections 61A.70 to 61A.745 are applicable shall notify the commissioner whether a policy form is to be marketed with or without an illustration. For all policy forms being actively marketed on January 1, 2008, the insurer shall identify in writing those forms and whether or not an illustration will be used with them. For policy forms filed after January 1, 2008, the identification must be made at the time of filing. Any previous identification may be changed by notice to the commissioner.
(b) If the insurer identifies a policy form as one to be marketed without an illustration, any use of an illustration for any policy using that form prior to the first policy anniversary is prohibited.
(c) If a policy form is identified by the insurer as one to be marketed with an illustration, a basic illustration prepared and delivered in accordance with sections 61A.70 to 61A.745 is required, except that a basic illustration need not be provided to individual members of a group or to individuals insured under multiple lives coverage issued to a single applicant unless the coverage is marketed to these individuals. The illustration furnished an applicant for a group life insurance policy or policies issued to a single applicant on multiple lives may be either an individual or composite illustration representative of the coverage on the lives of members of the group or the multiple lives covered.
(d) Potential enrollees of nonterm group life subject to sections 61A.70 to 61A.745 shall be furnished a quotation with the enrollment materials. The quotation must show potential policy values for sample ages and policy years on a guaranteed and nonguaranteed basis appropriate to the group and the coverage. This quotation must not be considered an illustration for purposes of sections 61A.70 to 61A.745, but all information provided shall be consistent with the illustrated scale. A basic illustration must be provided at delivery of the certificate to enrollees for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit protection. In addition, the insurer shall make a basic illustration available to any nonterm group life enrollee who requests it.
History:
2007 c 104 s 8
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.715 — General Rules And Prohibitions.

61A.715 GENERAL RULES AND PROHIBITIONS.
(a) An illustration used in the sale of a life insurance policy must satisfy the applicable requirements of sections 61A.70 to 61A.745, be clearly labeled "life insurance illustration," and contain the following basic information:
(1) name of insurer;
(2) name and business address of producer or insurer's authorized representative, if any;
(3) name, age, and sex of proposed insured, except where a composite illustration is permitted under sections 61A.70 to 61A.745;
(4) underwriting or rating classification upon which the illustration is based;
(5) generic name of policy, the company product name, if different, and form number;
(6) initial death benefit; and
(7) dividend option election or application of nonguaranteed elements, if applicable.
(b) When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:
(1) represent the policy as anything other than a life insurance policy;
(2) use or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead;
(3) state or imply that the payment or amount of nonguaranteed elements is guaranteed;
(4) use an illustration that does not comply with the requirements of sections 61A.70 to 61A.745;
(5) use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated;
(6) provide an applicant with an incomplete illustration;
(7) represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;
(8) use the term "vanish" or "vanishing premium," or a similar term that implies the policy becomes paid up, to describe a plan for using nonguaranteed elements to pay a portion of future premiums;
(9) except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or
(10) use an illustration that is not "self-supporting."
(c) If an interest rate used to determine the illustrated nonguaranteed elements is shown, it must not be greater than the earned interest rate underlying the disciplined current scale.
History:
2007 c 104 s 9
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.725 — Standards For Supplemental Illustrations.

61A.725 STANDARDS FOR SUPPLEMENTAL ILLUSTRATIONS.
(a) A supplemental illustration may be provided so long as:
(1) it is appended to, accompanied by, or preceded by a basic illustration that complies with sections 61A.70 to 61A.745;
(2) the nonguaranteed elements shown are not more favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration;
(3) it contains the same statement required of a basic illustration that nonguaranteed elements are not guaranteed; and
(4) for a policy that has a contract premium, the contract premium underlying the supplemental illustration is equal to the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium outlay underlying the supplemental illustration must be equal to the premium outlay shown in the basic illustration.
(b) The supplemental illustration must include a notice referring to the basic illustration for guaranteed elements and other important information.
History:
2007 c 104 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.73 — Delivery Of Illustration And Record Retention.

61A.73 DELIVERY OF ILLUSTRATION AND RECORD RETENTION.
(a)(1) If a basic illustration is used by an insurance producer or other authorized representative of the insurer in the sale of a life insurance policy and the policy is applied for as illustrated, a copy of that illustration, signed in accordance with sections 61A.70 to 61A.745, must be submitted to the insurer at the time of policy application. A copy also must be provided to the applicant.
(2) If the policy is issued other than as applied for, a revised basic illustration conforming to the policy as issued must be sent with the policy. The revised illustration must conform to the requirements of sections 61A.70 to 61A.745, must be labeled "Revised Illustration," and must be signed and dated by the applicant or policy owner and producer or other authorized representative of the insurer no later than the time the policy is delivered. A copy must be provided to the insurer and the policy owner.
(b)(1) If no illustration is used by an insurance producer or other authorized representative in the sale of a life insurance policy or if the policy is applied for other than as illustrated, the producer or representative shall certify to that effect in writing on a form provided by the insurer. On the same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no later than at the time of policy delivery. This form shall be submitted to the insurer at the time of policy application.
(2) If the policy is issued, a basic illustration conforming to the policy as issued must be sent with the policy and signed no later than the time the policy is delivered. A copy must be provided to the insurer and the policy owner.
(c) If the basic illustration or revised illustration is sent to the applicant or policy owner by mail from the insurer, it must include instructions for the applicant or policy owner to sign the duplicate copy of the numeric summary page of the illustration for the policy issued and return the signed copy to the insurer. The insurer's obligation under this paragraph must be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the numeric summary page. The requirement to make a diligent effort must be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed numeric summary page.
(d) A copy of the basic illustration and a revised basic illustration, if any, signed as applicable, along with any certification that either no illustration was used or that the policy was applied for other than as illustrated, must be retained by the insurer until three years after the policy is no longer in force. A copy need not be retained if no policy is issued.
History:
2007 c 104 s 12
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61A — Life Insurance › Section 61A.745 — Penalties.

61A.745 PENALTIES.
In addition to any other penalties provided by the laws of this state, an insurer or producer that violates a requirement of sections 61A.70 to 61A.745 is guilty of a violation of section 72A.20.
History:
2007 c 104 s 15
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.21 — Minnesota Life And Health Insurance Guaranty Association.

61B.21 MINNESOTA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION.
Subdivision 1.
Functions.
The Minnesota Life and Health Insurance Guaranty Association shall perform its functions under the plan of operation established and approved under section 61B.25, and shall exercise its powers through a board of directors. The association is not a state agency for purposes of chapter 16A, 16B, 16C, or 43A. For purposes of administration and assessment, the association shall establish and maintain two accounts:
(1) the life insurance and annuity account which includes the following subaccounts:
(i) the life insurance account;
(ii) the annuity account; and
(iii) the unallocated annuity account; and
(2) the health account.
Subd. 2.
Supervision by commissioner of commerce.
The association is under the immediate supervision of the commissioner and is subject to the applicable provisions of the insurance laws of this state.
History:
1993 c 319 s 6; 1997 c 187 art 3 s 15; 1998 c 386 art 2 s 23; 2020 c 80 art 2 s 9
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.22 — Board Of Directors.

61B.22 BOARD OF DIRECTORS.
Subdivision 1.
Members.
The board of directors of the association consists of nine member insurers serving terms as established in the plan of operation under section 61B.25. The insurer board members must be elected by member insurers, subject to the approval of the commissioner, for the terms of office specified in their nominations. Each elected insurer board member shall designate its representative and may designate an alternate. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to approval of the commissioner. In approving selections or in appointing insurer board members, the commissioner shall consider whether all member insurers are fairly represented.
Subd. 2.
Expenses.
Members of the board may be reimbursed from the assets of the association for reasonable and necessary expenses incurred by them as members of the board, but shall not otherwise be compensated by the association for their services.
Subd. 3.
Committees and meetings.
Except as otherwise required under the plan of operation:
(a) The board of directors may designate three or more directors as an executive committee, which, to the extent determined by unanimous affirmative action of the entire board, has and shall exercise the authority of the board in the management of the business of the association. This executive committee shall act only in the interval between meetings of the board, and is subject at all times to the control and direction of the board.
(b) The board of directors may create additional committees, which have and shall exercise the specific authority and responsibility as determined by the unanimous affirmative action of the entire board.
(c) Any action that may be taken at a meeting of the board of directors or of a lawfully constituted executive committee may be taken without a meeting if authorized by a writing or writings signed by all the directors or by all of the members of the committee, as the case may be. This action is effective on the date on which the last signature is placed on the writing or writings, or on an earlier effective date established in the writing or writings.
(d) Members of the board of directors or of a lawfully constituted executive committee may participate in a meeting of the board or committee by means of conference telephone or similar communications equipment through which all persons participating in the meeting can hear each other. Participation in a meeting as provided in this paragraph constitutes presence in person at the meeting.
Subd. 4.
Open meetings.
Board meetings are not subject to chapter 13D.
History:
1993 c 319 s 7; 2001 c 142 s 14; 2020 c 80 art 2 s 10
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.25 — Plan Of Operation.

61B.25 PLAN OF OPERATION.
Subdivision 1.
Adoption and amendment.
The purpose of the plan of operation is to assure the fair, reasonable, and equitable administration of the association under sections 61B.18 to 61B.32. Amendments to the plan of operation must be submitted to the commissioner and become effective upon the commissioner's written approval or 30 days after submission if the commissioner has not disapproved. If the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt reasonable rules necessary or advisable to implement sections 61B.18 to 61B.32. The rules shall continue in force until modified by the commissioner or superseded by amendments submitted by the association and approved by the commissioner.
Subd. 2.
Compliance.
All member insurers shall comply with the plan of operation.
Subd. 3.
Contents.
The plan of operation must, in addition to requirements specified in sections 61B.18 to 61B.32:
(1) establish procedures for handling the assets of the association;
(2) establish the amount and method of reimbursing members of the board of directors under section 61B.22;
(3) establish regular places and times for meetings including telephone conference calls of the board of directors or of the executive committee;
(4) establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;
(5) establish procedures for selecting the board of directors;
(6) establish any additional procedures for assessments under section 61B.24; and
(7) contain additional provisions necessary or proper for the execution of the powers and duties of the association.
Subd. 4.
Delegation of powers and duties.
The plan of operation may provide that any or all powers and duties of the association, except those under sections 61B.23, subdivision 13, clause (3), and 61B.24, are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. The corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subdivision shall take effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by sections 61B.18 to 61B.32.
History:
1993 c 319 s 10
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.26 — Duties And Powers Of Commissioner.

61B.26 DUTIES AND POWERS OF COMMISSIONER.
(a) In addition to other duties and powers in sections 61B.18 to 61B.32, the commissioner shall:
(1) notify the board of directors of the existence of an impaired or insolvent insurer within three days after a determination of impairment or insolvency is made or the commissioner receives notice of impairment or insolvency;
(2) upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer;
(3) when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the impaired insurer to promptly comply with the commissioner's demand shall not excuse the association from the performance of its powers and duties under sections 61B.18 to 61B.32; and
(4) in a liquidation, conservation, or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator, conservator, or rehabilitator.
(b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. A forfeiture shall not exceed five percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.
(c) A final action of the board of directors or the association may be appealed to the commissioner if the appeal is taken within 60 days of the aggrieved party's receipt of notice of the final action being appealed. Any final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction, in the manner provided by chapter 14. A determination or decision by the commissioner under sections 61B.18 to 61B.32 is not subject to the contested case or rulemaking provisions of chapter 14.
(d) The liquidator, rehabilitator, or conservator of an impaired insurer may notify all interested persons of the effect of sections 61B.18 to 61B.32.
(e) For the purposes of sections 61B.18 to 61B.32, the commissioner may delegate any of the powers conferred by law.
(f) Nonperformance of any of the acts specified in this section or failure to meet the specific time limits does not affect the association, its members, or any other person as to the person's duties and obligations.
History:
1993 c 319 s 11; 2001 c 142 s 30; 2020 c 80 art 2 s 24
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.29 — Examination; Annual Report.

61B.29 EXAMINATION; ANNUAL REPORT.
The association is subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner before May 1 each year, a financial report in a form approved by the commissioner and a report of its activities during the association's preceding fiscal year. Upon request of a member insurer, the association must provide the member insurer with a copy of the report.
History:
1993 c 319 s 14; 2001 c 142 s 35
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.30 — Tax Exemptions.

61B.30 TAX EXEMPTIONS.
Subdivision 1.
State fees and taxes.
The association is exempt from payment of all taxes imposed under chapter 297I and all fees and all other taxes levied by this state or its subdivisions, except taxes levied on real property.
Subd. 2.
Federal and foreign state taxes.
The association may seek exemption from payment of all fees and taxes levied by the federal or any other state government or its subdivision.
History:
1993 c 319 s 15; 2000 c 394 art 2 s 12
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.31 — Indemnification.

61B.31 INDEMNIFICATION.
The association has authority to indemnify certain persons against certain expenses and liabilities as provided in section 302A.521, including the power to purchase and maintain insurance on behalf of these persons as provided by section 302A.521, subdivision 7. In applying section 302A.521 for this purpose, the term "member insurers" shall be substituted for the terms "shareholders" and "stockholders" and the term "association" shall be substituted for the term "corporation."
History:
1993 c 319 s 16; 2005 c 69 art 3 s 13
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.32 — Stay Of Proceedings; Reopening Default Judgments.

61B.32 STAY OF PROCEEDINGS; REOPENING DEFAULT JUDGMENTS.
All proceedings in which the insolvent insurer is a party in a court in this state must be stayed 60 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on matters germane to its powers or duties. As to judgment under a decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and may defend against the suit on the merits.
History:
1993 c 319 s 17
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 61B — Life And Health Guaranty Association › Section 61B.33 — Rights And Obligations Of Association.

61B.33 RIGHTS AND OBLIGATIONS OF ASSOCIATION.
Notwithstanding any other provision of law, the provisions of the Minnesota Life and Health Insurance Guaranty Association Act in effect on the date the association first becomes obligated for the policies or contracts of an insolvent or impaired member insurer govern the association's rights or obligations to the policy owners, contract owners, or enrollees of the insolvent or impaired member insurer.
History:
2020 c 80 art 2 s 32
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.01 — Requirements; Certificates Of Coverage Under Policy Of Accident And Sickness Insurance.

62A.01 REQUIREMENTS; CERTIFICATES OF COVERAGE UNDER POLICY OF ACCIDENT AND SICKNESS INSURANCE.
Subdivision 1.
Definition.
The term "policy of accident and sickness insurance" as used herein includes any policy covering the kind of insurance described in section 60A.06, subdivision 1, clause (5)(a), or the paid family and medical leave benefits as described in section 268B.10.
Subd. 2.
Equal protection.
A certificate of insurance or similar evidence of coverage issued to a Minnesota resident shall provide coverage for all benefits required to be covered in group policies in Minnesota by this chapter and chapter 62E.
This subdivision supersedes any inconsistent provision of this chapter and chapter 62E.
A policy of accident and sickness insurance that is issued or delivered in this state and that covers a person residing in another state may provide coverage or contain provisions that are less favorable to that person than required by this chapter and chapter 62E. Less favorable coverages or provisions must meet the requirements that the state in which the person resides would have required had the policy been issued or delivered in that state.
Subd. 3.
Exclusions.
Subdivision 2 does not apply to certificates issued in regard to a master policy issued outside the state of Minnesota if all of the following are true:
(1) the policyholder or certificate holder exists primarily for purposes other than to obtain insurance;
(2) the policyholder or certificate holder is not a Minnesota corporation and does not have its principal office in Minnesota;
(3) the policy or certificate covers fewer than 25 employees who are residents of Minnesota and the Minnesota employees represent less than 25 percent of all covered employees; and
(4) on request of the commissioner, the issuer files with the commissioner a copy of the policy and a copy of each form of certificate.
This subdivision applies to employers who are not corporations if they are policyholders or certificate holders providing coverage to employees through the certificate or policy.
Subd. 4.
Application of other laws.
Section 60A.08, subdivision 4, shall not be construed as requiring a certificate of insurance or similar evidence of insurance that meets the conditions of subdivision 3 to comply with this chapter or chapter 62E.
History:
1967 c 395 art 3 s 1; 1989 c 330 s 8; 2023 c 59 art 1 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.023 — Notice Of Rate Change.

62A.023 NOTICE OF RATE CHANGE.
A health insurer or service plan corporation must send written notice to its policyholders and contract holders at their last known address at least 30 days in advance of the effective date of a proposed rate change. This notice requirement does not apply to individual certificate holders covered by group insurance policies or group subscriber contracts.
History:
1995 c 258 s 21
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.024 — Explanations Of Rate Increases; Attribution To Statutory Changes.

62A.024 EXPLANATIONS OF RATE INCREASES; ATTRIBUTION TO STATUTORY CHANGES.
If any health carrier, as defined in section 62A.011, informs a policyholder or contract holder that a rate increase is due to a statutory change, the health carrier must disclose the specific amount of the rate increase directly due to the statutory change and must identify the specific statutory change. This disclosure must also separate any rate increase due to medical inflation or other reasons from the rate increase directly due to statutory changes in this chapter, chapter 62C, 62D, 62E, 62H, 62J, 62L, or 64B.
History:
1993 c 345 art 5 s 4
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.041 — Maternity Benefits.

62A.041 MATERNITY BENEFITS.
Subdivision 1.
Discrimination prohibited against unmarried women.
Each group policy of accident and health insurance and each group health maintenance contract shall provide the same coverage for maternity benefits to unmarried women and minor female dependents that it provides to married women including the wives of employees choosing dependent family coverage. If an unmarried insured or an unmarried enrollee is a parent of a dependent child, each group policy and each group contract shall provide the same coverage for that child as that provided for the child of a married employee choosing dependent family coverage if the insured or the enrollee elects dependent family coverage.
Each individual policy of accident and health insurance and each individual health maintenance contract shall provide the same coverage for maternity benefits to unmarried women and minor female dependents as that provided for married women. If an unmarried insured or an unmarried enrollee is a parent of a dependent child, each individual policy and each individual contract shall also provide the same coverage for that child as that provided for the child of a married insured or a married enrollee choosing dependent family coverage if the insured or the enrollee elects dependent family coverage.
Subd. 2.
Limitation on coverage prohibited.
Each group policy of accident and health insurance, except for policies which only provide coverage for specified diseases, or each group subscriber contract of accident and health insurance or health maintenance contract, issued or renewed after August 1, 1987, shall include maternity benefits in the same manner as any other illness covered under the policy or contract.
Subd. 3.
Abortion.
For the purposes of this section, the term "maternity benefits" shall not include elective, induced abortion whether performed in a hospital, other abortion facility, or the office of a physician.
This section applies to policies and contracts issued, delivered, or renewed after August 1, 1985, that cover Minnesota residents.
History:
1971 c 680 s 1; 1973 c 651 s 1; 1976 c 121 s 3; 1980 c 589 s 25; 1984 c 464 s 2; 1986 c 397 s 1; 1987 c 337 s 45; 1989 c 330 s 9
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.0411 — Maternity Care.

62A.0411 MATERNITY CARE.
Every health plan as defined in section 62Q.01, subdivision 3, that provides maternity benefits must, consistent with other coinsurance, co-payment, deductible, and related contract terms, provide coverage of a minimum of 48 hours of inpatient care following a vaginal delivery and a minimum of 96 hours of inpatient care following a caesarean section for a mother and her newborn. The health plan shall not provide any compensation or other nonmedical remuneration to encourage a mother and newborn to leave inpatient care before the duration minimums specified in this section.
The health plan must also provide coverage for postdelivery care to a mother and her newborn if the duration of inpatient care is less than the minimums provided in this section.
Postdelivery care consists of a minimum of one home visit by a registered nurse. Services provided by the registered nurse include, but are not limited to, parent education, assistance and training in breast and bottle feeding, and conducting any necessary and appropriate clinical tests. The home visit must be conducted within four days following the discharge of the mother and her child.
History:
1996 c 335 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.043 — Dental And Podiatric Coverage.

62A.043 DENTAL AND PODIATRIC COVERAGE.
Subdivision 1.
Policies and contracts covered.
The provisions of this section shall apply to all individual or group policies or subscriber contracts providing payment for care in this state, which policies or contracts are issued or renewed after August 1, 1976 by an accident and health insurance company regulated under this chapter, or a nonprofit health service plan corporation regulated under chapter 62C.
Subd. 2.
Services covered.
Any policy or contract referred to in subdivision 1 which provides coverage for services which can be lawfully performed within the scope of the license of a duly licensed dentist or podiatrist, shall provide benefits for such services whether performed by a duly licensed physician, dentist or podiatrist.
Subd. 3.
Disorders covered.
Except for policies which only provide coverage for specified diseases, no policy or certificate of health, medical, hospitalization, or accident and sickness insurance regulated under this chapter, or subscriber contract provided by a nonprofit health service plan corporation regulated under chapter 62C, or health maintenance organization regulated under chapter 62D, shall be issued, renewed, continued, delivered, issued for delivery, or executed in this state after August 1, 1987, unless the policy, plan, or contract specifically provides coverage for surgical and nonsurgical treatment of temporomandibular joint disorder and craniomandibular disorder. Coverage shall be the same as that for treatment to any other joint in the body, and shall apply if the treatment is administered or prescribed by a physician or dentist.
History:
1973 c 430 s 1; 1976 c 207 s 1; 1987 c 337 s 46
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.044 — Payments To Governmental Institutions.

62A.044 PAYMENTS TO GOVERNMENTAL INSTITUTIONS.
No group or individual policy of accident and sickness insurance issued or renewed after May 22, 1973, pursuant to this chapter, no group or individual service plan or subscriber contract issued or renewed after May 22, 1973, pursuant to chapter 62C, and no group or individual health maintenance contract issued or renewed after August 1, 1984, pursuant to chapter 62D, shall contain any provision excluding, denying, or prohibiting payments for covered and authorized services rendered or paid by a hospital or medical institution owned or operated by the federal, state, or local government, including correctional facilities, or practitioners therein in any instance wherein charges for such services are imposed against the policyholder, subscriber, or enrollee. The unit of government operating the institution may maintain an action for recovery of such charges.
History:
1973 c 471 s 1; 1984 c 464 s 4; 1988 c 656 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.047 — Children's Health Supervision Services And Prenatal Care Services.

62A.047 CHILDREN'S HEALTH SUPERVISION SERVICES AND PRENATAL CARE SERVICES.
A policy of individual or group health and accident insurance regulated under this chapter, or individual or group subscriber contract regulated under chapter 62C, health maintenance contract regulated under chapter 62D, or health benefit certificate regulated under chapter 64B, issued, renewed, or continued to provide coverage to a Minnesota resident, must provide coverage for child health supervision services and prenatal care services. The policy, contract, or certificate must specifically exempt reasonable and customary charges for child health supervision services and prenatal care services from a deductible, co-payment, or other coinsurance or dollar limitation requirement. This section does not prohibit the use of policy waiting periods for these services. Minimum benefits may be limited to one visit payable to one provider for all of the services provided at each visit cited in this section subject to the schedule set forth in this section. Nothing in this section applies to a commercial health insurance policy issued as a companion to a health maintenance organization contract, a policy designed primarily to provide coverage payable on a per diem, fixed indemnity, or nonexpense incurred basis, or a policy that provides only accident coverage. A policy, contract, or certificate described under this section may not apply to preexisting condition limitations to individuals under 19 years of age. This section does not apply to individual coverage under a grandfathered plan.
"Child health supervision services" means pediatric preventive services, appropriate immunizations, developmental assessments, and laboratory services appropriate to the age of a child from birth to age six, and appropriate immunizations from ages six to 18, as defined by Standards of Child Health Care issued by the American Academy of Pediatrics. Reimbursement must be made for at least five child health supervision visits from birth to 12 months, three child health supervision visits from 12 months to 24 months, once a year from 24 months to 72 months.
"Prenatal care services" means the comprehensive package of medical and psychosocial support provided throughout the pregnancy, including risk assessment, serial surveillance, prenatal education, and use of specialized skills and technology, when needed, as defined by Standards for Obstetric-Gynecologic Services issued by the American College of Obstetricians and Gynecologists.
History:
1988 c 571 s 1; 1989 c 69 s 1; 1994 c 485 s 26; 1996 c 465 art 5 s 1; 2012 c 247 art 5 s 1; 2013 c 84 art 1 s 15
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.048 — Dependent Coverage.

62A.048 DEPENDENT COVERAGE.
(a) A health plan that covers a Minnesota resident must, if it provides dependent coverage, allow dependent children who do not reside with the participant to be covered on the same basis as if they reside with the participant. Every health plan must provide coverage in accordance with section 518A.41 to dependents covered by a qualified court or administrative order meeting the requirements of section 518A.41, and enrollment of a child cannot be denied on the basis that the child was born out of wedlock, the child is not claimed as a dependent on a parent's federal income tax return, or the child does not reside with the parent or in the health carrier's service area.
(b) For the purpose of this section, health plan includes coverage offered by community integrated service networks, coverage designed solely to provide dental or vision care, and any plan governed under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461.
History:
1988 c 689 art 2 s 6; 1995 c 207 art 10 s 3; 1997 c 225 art 2 s 62; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2006 c 280 s 46
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.049 — Limitation On Preauthorizations; Emergencies.

62A.049 LIMITATION ON PREAUTHORIZATIONS; EMERGENCIES.
No policy of accident and sickness insurance or group subscriber contract regulated under chapter 62C issued or renewed in this state may contain a provision that makes an insured person ineligible to receive full benefits because of the insured's failure to obtain preauthorization, if that failure occurs because of the need for emergency confinement or emergency treatment. The insured or an authorized representative of the insured shall notify the insurer as soon after the beginning of emergency confinement or emergency treatment as reasonably possible. However, to the extent that the insurer suffers actual prejudice caused by the failure to obtain preauthorization, the insured may be denied all or part of the insured's benefits.
History:
1989 c 330 s 10; 2013 c 84 art 1 s 16
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.05 — Construction Of Provisions.

62A.05 CONSTRUCTION OF PROVISIONS.
(a) No policy provision which is not subject to section 62A.04 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to sections 62A.01 to 62A.09 hereof.
(b) A policy delivered or issued for delivery to any person in this state in violation of sections 62A.01 to 62A.09 hereof, shall be held valid but shall be construed as provided in sections 62A.01 to 62A.09 hereof. When any provision in a policy subject to sections 62A.01 to 62A.09 hereof, is in conflict with any provision of sections 62A.01 to 62A.09 hereof, the rights, duties and obligations of the insurer, the insured and the beneficiary shall be governed by the provisions of sections 62A.01 to 62A.09 hereof.
History:
1967 c 395 art 3 s 5
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.06 — Statements In Application.

62A.06 STATEMENTS IN APPLICATION.
Subdivision 1.
Inclusion in policy.
The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in this state shall be reinstated or renewed, and the insured or the beneficiary or assignee of such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request, a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.
Subd. 2.
Alterations.
No alteration of any written application for any such policy shall be made by any person other than the applicant without written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
Subd. 3.
Effect of applicant's statement.
The falsity of any statement in the application for any policy covered by sections 62A.01 to 62A.09 hereof, may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
History:
1967 c 395 art 3 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.07 — Rights Of Insurer, When Not Waived.

62A.07 RIGHTS OF INSURER, WHEN NOT WAIVED.
The acknowledgment by an insurer of the receipt of notice given under any policy covered by sections 62A.01 to 62A.09 hereof, or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investigation of any claim thereunder shall not operate as a waiver of any of the rights of the insurer in defense of any claim arising under such policy.
History:
1967 c 395 art 3 s 7
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.08 — Coverage Of Policy, Continuance In Force.

62A.08 COVERAGE OF POLICY, CONTINUANCE IN FORCE.
If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the policy would not have been issued, the insurer may, within 90 days of discovering the misstatement, limit its liability to a refund of all premiums paid. In all other instances the insurer may either adjust the premium to reflect the actual age of the insured or adjust the benefits to reflect the actual age and the premium.
History:
1967 c 395 art 3 s 8; 1989 c 330 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.081 — Payments To Facilities Operated By State Or Local Government.

62A.081 PAYMENTS TO FACILITIES OPERATED BY STATE OR LOCAL GOVERNMENT.
Every group or individual policy of accident and sickness insurance issued or renewed after July 1, 1973 regulated by this chapter, and every group or individual service plan or subscriber contract issued or renewed after July 1, 1973 regulated by chapter 62C, providing care or payment for care in this state, shall provide payments for services rendered by a hospital or medical facility owned or operated by, or on behalf of, the state or any unit of local government, or practitioners therein, on the same basis as are made for like care in other facilities. The unit of government concerned may maintain an action for recovery of such payments.
History:
1973 c 765 s 24
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 62A — Accident And Health Insurance › Section 62A.082 — Nondiscrimination In Access To Transplants.

62A.082 NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given unless the context clearly requires otherwise.
(b) "Disability" has the meaning given in section 363A.03, subdivision 12.
(c) "Enrollee" means a natural person covered by a health plan or group health plan and includes an insured, policy holder, subscriber, covered person, member, contract holder, or certificate holder.
(d) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.
Subd. 2.
Transplant discrimination prohibited.
A health plan or group health plan that provides coverage for anatomical gifts, organ transplants, or related treatment and services shall not:
(1) deny coverage to an enrollee based on the enrollee's disability;
(2) deny eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the health plan or group health plan solely for the purpose of avoiding the requirements of this section;
(3) penalize or otherwise reduce or limit the reimbursement of a health care provider, or provide monetary or nonmonetary incentives to a health care provider, to induce the provider to provide care to a patient in a manner inconsistent with this section; or
(4) reduce or limit an enrollee's coverage benefits because of the enrollee's disability for medical services and other services related to organ transplantation performed pursuant to this section as determined in consultation with the enrollee's treating health care provider and the enrollee.
Subd. 3.
Collective bargaining.
In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed pursuant to this section shall not be treated as a termination of the collective bargaining agreement.
Subd. 4.
Coverage limitation.
Nothing in this section shall be deemed to require a health plan or group health plan to provide coverage for a medically inappropriate organ transplant.
History:
2021 c 30 art 14 s 1