.................... moves to amend H.F. No. 3123 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 125A.21, subdivision 2, is amended to
Subd. 2. Third party reimbursement.
(a) Beginning July 1, 2000, districts shall
seek reimbursement from insurers and similar third parties for the cost of services
provided by the district whenever the services provided by the district are otherwise
covered by the child's health coverage. Districts shall request, but may not require, the
child's family to provide information about the child's health coverage when a child with a
disability begins to receive services from the district of a type that may be reimbursable,
and shall request, but may not require, updated information after that as needed.
(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare
under chapter 256L who have no other health coverage, a district shall provide an initial
written notice to the enrolled child's parent or legal representative of its intent to seek
reimbursement from medical assistance or MinnesotaCare for the individual education
plan health-related services provided by the district. The notice shall include:
1.17(1) the right of the parent or legal representative to request a copy of all records
1.18concerning individual education plan health-related services disclosed by the district to
1.19any third party; and
1.20(2) the right of the parent or legal representative to withdraw consent for disclosure
1.21of a child's records at any time without consequence, including consent that was initially
1.22given as part of the application process for MinnesotaCare or medical assistance under
1.23section 256B.0625, subdivision 26.
(c) The district shall give the parent or legal representative annual written notice of:
(1) the district's intent to seek reimbursement from medical assistance or
MinnesotaCare for individual education plan health-related services provided by the
(2) the right of the parent or legal representative to request a copy of all records
concerning individual education plan health-related services disclosed by the district to
any third party; and
(3) the right of the parent or legal representative to withdraw consent for disclosure
of a child's records at any time without consequence, including consent that was initially
2.6given as part of the application process for MinnesotaCare or medical assistance under
2.7section 256B.0625, subdivision 26
The written notice shall be provided as part of the written notice required by Code of
Federal Regulations, title 34, section
(d) In order to access the private health care coverage of a child who is covered by
private health care coverage in whole or in part, a district must:
(1) obtain annual written informed consent from the parent or legal representative, in
compliance with subdivision 5; and
(2) inform the parent or legal representative that a refusal to permit the district
or state Medicaid agency to access their private health care coverage does not relieve
the district of its responsibility to provide all services necessary to provide free and
appropriate public education at no cost to the parent or legal representative.
(e) If the commissioner of human services obtains federal approval to exempt
covered individual education plan health-related services from the requirement that private
health care coverage refuse payment before medical assistance may be billed, paragraphs
(b), (c), and (d) shall also apply to students with a combination of private health care
coverage and health care coverage through medical assistance or MinnesotaCare.
(f) In the event that Congress or any federal agency or the Minnesota legislature
or any state agency establishes lifetime limits, limits for any health care services,
cost-sharing provisions, or otherwise provides that individual education plan health-related
services impact benefits for persons enrolled in medical assistance or MinnesotaCare, the
amendments to this subdivision adopted in 2002 are repealed on the effective date of any
federal or state law or regulation that imposes the limits. In that event, districts must
obtain informed consent consistent with this subdivision as it existed prior to the 2002
amendments and subdivision 5, before seeking reimbursement for children enrolled in
medical assistance under chapter 256B or MinnesotaCare under chapter 256L who have
no other health care coverage.
2.33EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. Laws 2009, chapter 79, article 5, section 60, is amended to read:
Sec. 60. Minnesota Statutes 2008, section 256L.05, is amended by adding a
subdivision to read:
Subd. 1c. Open enrollment and streamlined application and enrollment
(a) The commissioner and local agencies working in partnership must develop a
streamlined and efficient application and enrollment process for medical assistance and
MinnesotaCare enrollees that meets the criteria specified in this subdivision.
(b) The commissioners of human services and education shall provide
recommendations to the legislature by January 15, 2010, on the creation of an open
enrollment process for medical assistance and MinnesotaCare that is coordinated with
the public education system. The recommendations must:
(1) be developed in consultation with medical assistance and MinnesotaCare
enrollees and representatives from organizations that advocate on behalf of children and
families, low-income persons and minority populations, counties, school administrators
and nurses, health plans, and health care providers;
(2) be based on enrollment and renewal procedures best practices, including express
lane eligibility as required under subdivision 1d;
(3) simplify the enrollment and renewal processes wherever possible; and
(4) establish a process:
(i) to disseminate information on medical assistance and MinnesotaCare to all
children in the public education system, including prekindergarten programs; and
(ii) for the commissioner of human services to enroll children and other household
members who are eligible.
The commissioner of human services in coordination with the commissioner of
education shall implement an open enrollment process by August 1, 2010, to be effective
beginning with the 2010-2011 school year.
(c) The commissioner and local agencies shall develop an online application process
for medical assistance and MinnesotaCare.
(d) The commissioner shall develop an application that is easily understandable
and does not exceed four pages in length.
(e) The commissioner of human services shall present to the legislature, by January
15, 2010, an implementation plan for the open enrollment period and online application
3.33(f) As part of the process of developing the new application materials, the
3.34commissioner of human services shall include on the enrollment forms an authorization
3.35for consent to each provider of medical services to the parents' child or children to release
3.36to the commissioner of human services medical or other information in the possession of
4.1the provider necessary for the provider to be reimbursed by MinnesotaCare or medical
4.3EFFECTIVE DATE.This section is effective July 1, 2010, or upon federal
4.4approval, which must be requested by the commissioner, whichever is later.
Sec. 3. THIRD-PARTY BILLING.
4.6The commissioner of human services must summarize and document the prior
4.7efforts of school districts to secure reimbursement from legally liable third parties and
4.8request permission to allow school districts to bill Medicaid only without first billing
4.9private payers for children with both private and public coverage based on documentation
4.10that demonstrates that private payers do not reimburse for individual education plan
4.11health-related services from the Centers for Medicare and Medicaid Services to allow the
4.12cost-effective billing of medical assistance for covered services that are not reimbursed by
4.13other legally liable third parties.
4.14EFFECTIVE DATE.This section is effective the day following final enactment.
Amend the title accordingly