1.2relating to health; promoting preventive health care by requiring high deductible
1.3health plans used with a health savings account to cover preventive care with
1.4no deductible as permitted by federal law;amending Minnesota Statutes 2008,
1.5section 62Q.65.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 62Q.65, is amended to read:
1.862Q.65 ACCESS TO PROVIDER DISCOUNTS AND PREVENTIVE CARE.
1.9    Subdivision 1. Requirement. A high deductible health plan must, when used in
1.10connection with a medical savings account or health savings account,:
1.11    (1) provide the enrollee access to any discounted provider fees for services covered
1.12by the high deductible health plan, regardless of whether the enrollee has satisfied the
1.13deductible for the high deductible health plan; and
1.14    (2) cover preventive care without a deductible, co-payment, or other patient
1.15cost-sharing. This requirement does not apply to care that is not permitted to be provided
1.16without a deductible by a high deductible health plan under Internal Revenue Code
1.17of 1986, section 223(c)(2)(C), and federal regulations adopted or guidance issued by
1.18the Internal Revenue Service related to that provision. The scope and frequency of
1.19this coverage must be detailed in the policy in accordance with, or by reference to, an
1.20evidence-based set of preventive care guidelines that addresses recommendations for both
1.21asymptomatic low-risk individuals and individuals with higher risk factors. Nothing in
1.22this subdivision limits voluntary coverage of other preventive care.
1.23    Subd. 2. Definitions. For purposes of this section, the following terms have the
1.24meanings given:
2.1    (1) "high deductible health plan" has the meaning given under the Internal Revenue
2.2Code of 1986, section 220(c)(2), with respect to a medical savings account; and the
2.3meaning given under Internal Revenue Code of 1986, section 223(c)(2), with respect to a
2.4health savings account;
2.5    (2) "medical savings account" has the meaning given under the Internal Revenue
2.6Code of 1986, section 220(d)(1);
2.7    (3) "discounted provider fees" means fees contained in a provider agreement entered
2.8into by the issuer of the high deductible health plan, or an affiliate of the issuer, for use
2.9in connection with the high deductible health plan; and
2.10    (4) "health savings account" has the meaning given under the Internal Revenue
2.11Code of 1986, section 223(d); and
2.12    (5) "preventive care" has the meaning given in Internal Revenue Code of 1986,
2.13section 223(c)(2)(C).
2.14EFFECTIVE DATE.This section is effective January 1, 2010, and applies to high
2.15deductible health plans offered, sold, issued, or renewed on or after that date.