1.1    .................... moves to amend H.F. No. 3391, the second engrossment, as follows:
1.2Page 21, after line 9, insert:

1.3    "Section 1. Minnesota Statutes 2006, section 62A.02, is amended by adding a
1.4subdivision to read:
1.5    Subd. 8. Right to buy and sell health coverage approved in other state. (a) This
1.6subdivision may be referenced as the Minnesota Freedom to Buy and Sell Act.
1.7    (b) For purposes of this subdivision:
1.8    (1) "Commissioner" means the commissioner of commerce or the commissioner of
1.9health, as appropriate, depending upon which commissioner would have authority over
1.10the insurance company or health plan if it were subject to the laws of this state.
1.11    (2) "Health plan" has the meaning given in section 62A.011, subdivision 3, but
1.12including coverage described in clause (10) of that subdivision, and without regard to the
1.13references in that subdivision to the entities providing the health plan being licensed in
1.14or operating under the laws of this state.
1.15    (3) "Insurance company," "domestic," "alien," "foreign," and "state" have the
1.16meanings given in this section. Insurance company includes a health maintenance
1.17organization or health service plan corporation, whether nonprofit or for profit.
1.18    (c) Notwithstanding any other law of this state to the contrary, any resident of this
1.19state and any employer that employs residents of this state may purchase a health plan
1.20that has not been approved by the commissioner, if the health plan is permitted to be sold
1.21in any other state.
1.22    (d) Notwithstanding any other law of this state to the contrary, any insurance
1.23company, whether domestic, foreign, or alien, that is permitted to offer, sell, issue, or
1.24renew a health plan in any other state under the laws of that state, may also do so with
1.25respect to that health plan in this state. The insurance company need not have a certificate
1.26of authority, license, or other authorization from the commissioner to do business in this
2.1state. This paragraph does not exempt the insurance company from compliance with
2.2chapter 303, relating to foreign business entities.
2.3    (e) Notwithstanding any other law of this state to the contrary, any insurance agent
2.4licensed or otherwise permitted to offer and sell health plans in this state or in a state in
2.5which the health plan is permitted to be offered and sold, may offer and sell to a resident of
2.6this state or to an employer that employs residents of this state any health plan permitted
2.7to be offered and sold under paragraph (d), and is not, in connection with that transaction,
2.8subject to the laws of this state regulating insurance agents.
2.9    (f) Notwithstanding any other law of this state to the contrary, an insurance company
2.10and a health plan offered, issued, sold, or renewed by the insurance company under
2.11authority of this subdivision are:
2.12    (1) not, in connection with that health plan, subject to the authority of the
2.13commissioner in any respect, and the insurance company need not provide any filing or
2.14notification to the commissioner;
2.15    (2) not, in connection with that health plan, required to comply with any law of
2.16this state relating to insurance companies or health plans, including, but not limited to,
2.17chapters 45 and 60A to 72C; and
2.18    (3) subject to the tax laws of this state, including chapter 297I, on the same basis
2.19as other insurance companies doing business in this state and other health plans sold in
2.20this state.
2.21EFFECTIVE DATE.This section is effective the day following final enactment."
2.22Renumber the sections in sequence and correct the internal references
2.23Amend the title accordingly