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SF 446 2nd Engrossment- 88th Legislature (2013 - 2014) Page 2 of 3 2.30 2.30 by a schedule established by the commissioner. 2.31 (c) Employees not represented by exclusive representatives may become members 2.32 of the program upon a determination of an eligible employer to include these employees 2.33 in the program. Either all or none of the employer's unrepresented employees must 2.34 participate. The eligible employer shall give at least 30 days' notice to the commissioner 3.1 before entering the program. Entry into the program is governed by a schedule established 3.2 by the commissioner. 3.3 (d) Participation in the program is for a two-year term. Participation is automatically 3.4 renewed for an additional two-year term unless the exclusive representative, or the 3.5 employer for unrepresented employees, gives the commissioner notice of withdrawal 3.6 at least 30 days before expiration of the participation period. A group that withdraws 3.7 must wait two years before rejoining. An exclusive representative, or employer for 3 8 unrepresented employees, may also withdraw if premiums increase 50 percent or more 39 from one insurance year to the next. 3 10 (e) The exclusive representative shall give the employer notice of intent to withdraw 3 11 to the commissioner at least 30 days before the expiration date of a collective bargaining 3.12 agreement that includes the date on which the term of participation expires. 3.13 (f) Each participating eligible employer shall notify the commissioner of names of 3.14 individuals who will be participating within two weeks of the commissioner receiving 3 15 notice of the parties' intent to participate. The employer shall also submit other information 3.16 as required by the commissioner for administration of the program. 3.17 (q) A school employer that makes available health insurance coverage for 3.18 employees, either in a self-insured or fully insured arrangement, including those 3.19 purchasing coverage through a service cooperative as defined by section 123A.21, may 3.20 purchase health insurance coverage through the program, beginning January 1, 2014, as 3.21 contracts or agreements with providers that were in place upon enactment expire. 3.22 (1) Employees not represented by an exclusive representative may enter the public 3.23 employee insurance program in the manner described in paragraph (c). 3.24 (2) Exclusive representatives of school employers and nonrepresented employees 3.25 of school employers who do not enter the program on the date of initial eligibility for 3.26 participation shall be ineligible to participate until a period of four years has elapsed since 3.27 initial eligibility and may, at the discretion of the commissioner, be pooled and rated 3.28 separately from the other employees in the program for the first four years after entering 3.29 the program. This clause does not prohibit an employee from a district or exclusive 3.30 representative that has not declined participation from later becoming a member of the 3.31 program. 3.32 (3) The decision of the school board of a school employer and an exclusive 3.33 representative of employees or, in the case of employees not represented by an exclusive 3.34 representative, the decision of the school board of a school employer, to not opt out of 3.35 entry into the program is irrevocable. 4.1 Sec. 3. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision 4.2 to read: 4.3 Subd. 11. Nonidentifiable aggregate claims data from past coverage. Upon 4.4 request by the commissioner, entities that are providing or have provided coverage to 4.5 eligible school employees, shall provide to the commissioner at no charge nonidentifiable 4.6 a•gregate claims data for that coverage. The information must include data relating to 4.7 school employees' group benefit sets, demographics, claims experience and any other data 4.8 or information deemed by the commissioner as necessary to accurately and appropriately 4.9 underwrite the risk of the school employees, notwithstanding section 13.203. 4.10 Sec. 4. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision 411 to read: 4.12 Subd. 13. Start-up funding; administration of ongoing revenues and expenses. 4.13 (a) The commissioner of management and budget shall use the funds available in the 4.14 insurance trust fund under section 43A.316, subdivision 9, in the form of temporary 4.15 funding to pay for the administrative start-up costs and reserves necessary under this act. 4.16 In addition to the amounts of temporary funding, the commissioner shall determine the 4.17 amount of interest lost to the insurance trust fund as a result of the temporary funding. 4.18 (b) The commissioner of management and budget shall impose an enrollment fee 4.19 upon the premium charged for the first three months of coverage under the school employee 4.20 insurance program created in this act sufficient to repay to the insurance trust fund the 4.21 loans provided to cover the start-up costs incurred by the commissioner under paragraph 4.22 (a), plus foregone interest to the insurance trust fund. as determined under paragraph (a). 4.23 The commissioner shall deposit the enrollment fees in the insurance trust fund. 4.24 (c) All costs incurred and revenue received by the commissioner of management and 4.25 budget under this act in addition to those dealt with in paragraphs (a) and (b) shall, on an 4.26 ongoing basis, be deposited into and paid out of the insurance trust fund. https://www.revisor.mn.gov/bills/text.php?number=SF446&version=2&session=1s88&sess... 3/14/2013