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HF 573 2nd Engrossment- 88th Legislature (2013 - 2014) Page 3 of 3 4.28 4.28 of school employers who do not enter the program on the date of initial eligibility for 4.29 participation shall be ineligible to participate until a period of four years has elapsed since 4.30 initial eligibility and may, at the discretion of the commissioner. be pooled and rated 4.31 separately from the other employees in the program for the first four years after entering 4.32 the program. This clause does not prohibit an employee from a district or exclusive 4.33 representative that has not declined participation from later becoming a member of the 4.34 program. 4.35 (4) The decision of the school board of a school employer and an exclusive 4.36 representative of employees or, in the case of employees not represented by an exclusive 5.1 representative, the decision of the school board of a school employer-, to not opt out of 5.2 entry into the program is irrevocable, 5.3 (5) School employers may opt out only if the total insured lives remaining after 5.4 applying clauses (2) to (4) is more than 1,000 insured lives, or if the school employer has 5.5 received a bid from a source of coverage that provides coverage that is less expensive for 5.6 equivalent coverage than coverage available from the program. 5.7 (6) School employers with individual self-insured plans whose employees will be 5.8 participating in the program that have unused reserve funds after all obligations have 5.9 been met, may negotiate with the exclusive representative regarding the reserve amount 5.10 attributable to the proportionate number of insured lives covered by that exclusive 5.11 representative. If the school employer and the exclusive representative are unable to 5.12 come to an agreement, the remaining funds will be used to pay the full premium to the 5.13 program for all employees represented by the exclusive representative of that school 5.14 employer participating in the program until the proportionate reserve funds are depleted. 5.15 These funds shall be used for a proportional premium payment at the time it is necessary 5.16 to deplete the balance. 5.17 (7) School employers leaving a section 123A.21 plan with a service cooperative 5.18 will receive a prorated share of the service cooperative reserves and distribute them as 5.19 required in clause (6). 5.20 Sec. 4. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision 5.21 to read: 5.22 Subd. 11. Nonidentifiable aggregate claims data from past coverage. Upon 5.23 request by_the commissioner, entities that are providing or have provided coverage to 5.24 eligible school employees. shall provide to the commissioner at no charge nonidentifiable 5.25 aggregate claims data for that coverage. The information must include data relating to 5.26 school employees' group benefit sets, demographics, claims experience, and any other data 5.27 or information deemed by the commissioner as necessary to accurately and appropriately 5.28 underwrite the risk of the school employees, notwithstanding section 13.203. 5.29 Sec. 5. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision 5.30 to read: 5.31 Subd. 12. School employee start-up funding; administration of ongoing 5.32 revenues and expenses. The commissioner may impose a reserve surcharge in the first 5.33 three years of school employee enrollment at the commissioner's discretion. 6.1 Sec. 6. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision 6.2 to read: 6.3 Subd. 13. Startup funding; administration of ongoing revenues and expenses. 6.4 (a) The commissioner of management and budget shall use funds available in the 6.5 insurance trust fund under subdivision 9 in the form of temporary funding to pay for 6.6 the administrative startup costs and reserves necessary under this act. In addition to the 6.7 amounts of temporary funding, the commissioner shall determine the amount of interest 6.8 lost to the insurance trust fund as a result of the temporary funding. 6.9 (b) The commissioner of management and budget shall impose an enrollment fee 6.10 upon the premium charged for the first three months of coverage under the school employee 6.11 insurance program created in this act sufficient to repay to the insurance trust fund the 6.12 loans provided to cover the startup costs incurred by the commissioner under paragraph 6.13 (a), plus foregone interest to the insurance trust fund, as determined under paragraph (a). 6.14 The commissioner shall deposit the enrollment fees in the insurance trust fund. 6.15 (c) All costs incurred and revenue received by the commissioner of management and 6.16 budget under this act in addition to those dealt with in paragraphs (a) and (b), shall on an 6.17 ongoing basis be deposited into and paid out of the insurance trust fund. https://www.revisor.mn.gov/bills/text.php?number=HF573&version=2&session=1s88&ses... 3/14/2013