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HF 573 2nd Engrossment- 88th Legislature (2013 - 2014) Page 2 of 3 2.31 2.31 eligible school employers and eligible school employees in equal numbers. The seven 2.32 members who represent eligible school employers shall consist of seven appointed by the 2.33 Minnesota School Boards Association. The seven members who represent eligible school 2.34 employees shall consist of four appointed by Education Minnesota and one each appointed 2.35 by the Service Employees International Union; the American Federation of State, County, 3.1 and Municipal Employees; and the Minnesota School Employees Association. Committee 3.2 members are eligible for expense reimbursement in the same manner and amount as 3.3 authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. The 3.4 commissioner shall consult with the labor-management committee in major decisions that 3.5 affect the program. The commissioner and the committee must mutually agree to all 3.6 plan design changes. The committee shall study issues relating to the insurance program 3.7 including, but not limited to, flexible benefits, utilization review, quality assessment, and 3.8 cost efficiency. The committee continues to exist while the program remains in operation. 3.9 Sec. 3. Minnesota Statutes 2012, section 43A.316, subdivision 5, is amended to read: 3.10 Subd. 5. Public employee participation. (a) Participation in the program is subject 3.11 to the conditions in this subdivision. 3.12 (b) Each exclusive representative for an eligible employer determines whether the 3.13 employees it represents will participate in the program. The exclusive representative shall 3.14 give the employer notice of intent to participate at least 30 days before the expiration date 3.15 of the collective bargaining agreement preceding the collective bargaining agreement that 3.16 covers the date of entry into the program. The exclusive representative and the eligible 3.17 employer shall give notice to the commissioner of the determination to participate in the 3.18 program at least 30 days before entry into the program. Entry into the program is governed 3.19 by a schedule established by the commissioner. 3.20 (c) Employees not represented by exclusive representatives may become members 3.21 of the program upon a determination of an eligible employer to include these employees 3.22 in the program. Either all or none of the employer's unrepresented employees must 3.23 participate. The eligible employer shall give at least 30 days' notice to the commissioner 3.24 before entering the program. Entry into the program is governed by a schedule established 3.25 by the commissioner. 3.26 (d) Participation in the program is for a two-year term. Participation is automatically 3.27 renewed for an additional two-year term unless the exclusive representative, or the 3.28 employer for unrepresented employees, gives the commissioner notice of withdrawal 3.29 at least 30 days before expiration of the participation period. A group that withdraws 3.30 must wait two years before rejoining. An exclusive representative, or employer for 3.31 unrepresented employees, may also withdraw if premiums increase 50 percent or more 3.32 from one insurance year to the next. 3.33 (e) The exclusive representative shall give the employer notice of intent to withdraw 3.34 to the commissioner at least 30 days before the expiration date of a collective bargaining 3.35 agreement that includes the date on which the term of participation expires. 4.1 (f) Each participating eligible employer shall notify the commissioner of names of 4.2 individuals who will be participating within two weeks of the commissioner receiving 4.3 notice of the parties' intent to participate. The employer shall also submit other information 4.4 as required by the commissioner for administration of the program. 4.5 (g) A school employer that makes available health insurance coverage for 4.6 employees, either in a self-insured or fully insured arrangement, including those 4.7 purchasing coverage through a service cooperative as defined by section 123A.21, must 4.8 purchase health insurance coverage through the program, beginning January 1, 2014, 4.9 as contracts or agreements with providers that were in place upon enactment expire. 4.10 School employers and school employees must not choose the PEIP HSA high deductible 4.11 plan. Employees of school employers obligated by a health insurance contract expiring 4.12 December 31, 2013, must begin participation in the program on January 1, 2014. In 4.13 the event an insurance contract expires after enactment and before December 31, 2013. 4.14 subsequent contracts will be limited to one year in duration. School employers may opt 4.15 out as described in clauses (1) to (5). 4.16 (1) The school board of a school employer, not including a service cooperative under 4.17 section 123A.21, with 1,000 or more insured lives on the day of enactment and each 4.18 exclusive representative of employees of that school employer shall jointly determine 4.19 whether the employees represented by the exclusive representative will opt out of the 4.20 program. The school employer must give notice to the commissioner of the school 4.21 employer's decision to opt out, at least 30 days prior to the required entrance into the 4.22 program. The notice must include all the names of the exclusive representatives opting 4.23 out as well as the names of nonrepresented employees. Clauses (2) to (7) apply only to 4.24 employees of the school employers described In this clause. 4.25 (2) Employees not represented by an exclusive representative may enter the public 4.26 employee insurance program in the manner described in paragraph (c). 427 (3) Exclusive representatives of school employers and nonrepresented employees https://www.revisor.mn.gov/bills/text.php?number=HF573&version=2&session=1s88&ses... 3/14/2013