.................... moves to amend H.F. No. 2347 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 62L.02, subdivision 26, is amended to
Subd. 26. Small employer.
(a) "Small employer" means, with respect to a calendar
year and a plan year, a person, firm, corporation, partnership, association, or other entity
actively engaged in business in Minnesota, including a political subdivision of the state,
that employed an average of no fewer than two nor more than 50 current employees on
business days during the preceding calendar year and that employs at least two current
employees on the first day of the plan year. If an employer has only one eligible employee
who has not waived coverage, the sale of a health plan to or for that eligible employee
is not a sale to a small employer and is not subject to this chapter and may be treated as
the sale of an individual health plan. A small employer plan may be offered through a
domiciled association to self-employed individuals and small employers who are members
of the association, even if the self-employed individual or small employer has fewer than
two current employees. Entities that are treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 of the federal Internal Revenue Code are considered a single
employer for purposes of determining the number of current employees. Small employer
status must be determined on an annual basis as of the renewal date of the health benefit
plan. The provisions of this chapter continue to apply to an employer who no longer meets
the requirements of this definition until the annual renewal date of the employer's health
benefit plan. If an employer was not in existence throughout the preceding calendar year,
the determination of whether the employer is a small employer is based upon the average
number of current employees that it is reasonably expected that the employer will employ
on business days in the current calendar year. For purposes of this definition, the term
employer includes any predecessor of the employer. An employer that has more than 50
current employees but has 50 or fewer employees, as "employee" is defined under United
States Code, title 29, section 1002(6), is a small employer under this subdivision.
(b) Where an association, as defined in section
, comprised of employers
contracts with a health carrier to provide coverage to its members who are small employers,
the association and health benefit plans it provides to small employers, are subject to
, with respect to small employers in the association, even though the
association also provides coverage to its members that do not qualify as small employers.
(c) If an employer has employees covered under a trust specified in a collective
bargaining agreement under the federal Labor-Management Relations Act of 1947,
United States Code, title 29, section 141, et seq., as amended, or employees whose health
coverage is determined by a collective bargaining agreement and, as a result of the
collective bargaining agreement, is purchased separately from the health plan provided
to other employees, those employees are excluded in determining whether the employer
qualifies as a small employer. Those employees are considered to be a separate small
employer if they constitute a group that would qualify as a small employer in the absence
of the employees who are not subject to the collective bargaining agreement.
2.17(d) The definition provided in this section shall not change or be changed to include
2.18employers that have more than 50 current employees, except by legislation enacted under
2.19the laws of this state.
2.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. [62L.085] LARGER SMALL EMPLOYERS.
2.22 Subdivision 1. Definitions. "Larger small employer" means an employer that would
2.23meet the definition of "small employer" as defined in section 62L.02, subdivision 26,
2.24except that it has more than 50 but fewer than 101 eligible employees, as that term is
2.25defined in section 62L.02, subdivision 13.
2.26 Subd. 2. Premium rate increase. A health carrier, as defined in section 62L.02,
2.27subdivision 16, must comply with section 62L.08, subdivision 2a, in regard to renewal
2.28premium increases for coverage of larger small employers, except that the adjustment
2.29limit of 15 percent specified in paragraph (a), item (2), of that subdivision is 20 percent
2.30for purposes of this subdivision.
2.31EFFECTIVE DATE.This section is effective for coverage offered, issued, or
2.32renewed on or after January 1, 2013.