Subdivision 1.

Creation.

MNsure is created as a board under section 15.012, paragraph
(a), to:

(1) promote informed consumer choice, innovation, competition, quality, value, market
participation, affordability, suitable and meaningful choices, health improvement, care
management, reduction of health disparities, and portability of health plansnew text begin and the public
optionnew text end ;

(2) facilitate and simplify the comparison, choice, enrollment, and purchase of health
plans for individuals purchasing in the individual market through MNsure deleted text begin anddeleted text end new text begin ,new text end for employees
and employers purchasing in the small group market through MNsurenew text begin , and for individuals
purchasing the public optionnew text end ;

(3) assist small employers with access to small business health insurance tax credits and
to assist individuals with access to public health care programs, premium assistance tax
credits and cost-sharing reductions, and certificates of exemption from individual
responsibility requirements;

(4) facilitate the integration and transition of individuals between public health care
programsnew text begin , including the public option,new text end and health plans in the individual or group market
and develop processes that, to the maximum extent possible, provide for continuous coverage;
deleted text begin and
deleted text end

(5) establish and modify as necessary a name and brand for MNsure based on market
studies that show maximum effectiveness in attracting the uninsured and motivating them
to take actiondeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) ensure simple, convenient, and understandable access to enrollment in the public
option through the MNsure website.
new text end

Subd. 3.

Continued operation of a private marketplace.

(a) Nothing in this chapter
shall be construed to prohibit: (1) a health carrier from offering outside of MNsure a health
plan to a qualified individual or qualified employer; and (2) a qualified individual from
enrolling in, or a qualified employer from selecting for its employees, a health plan offered
outside of MNsure.

(b) Nothing in this chapter shall be construed to restrict the choice of a qualified individual
to enroll or not enroll in a qualified health plannew text begin , the public option,new text end or to participate in MNsure.
Nothing in this chapter shall be construed to compel an individual to enroll in a qualified
health plannew text begin , the public option,new text end or to participate in MNsure.

(c) For purposes of this subdivision, "qualified individual" and "qualified employer"
have the meanings given in section 1312 of the Affordable Care Act, Public Law 111-148,
and further defined through amendments to the act and regulations issued under the act.

Subd. 3.

Insurance producers.

(a) By April 30, 2013, the board, in consultation with
the commissioner of commerce, shall establish certification requirements that must be met
by insurance producers in order to assist individuals and small employers with purchasing
coverage through MNsure. deleted text begin Prior to January 1, 2015, the board may amend the requirements,
only if necessary, due to a change in federal rules.
deleted text end

(b) Certification requirementsnew text begin under paragraph (a)new text end shall not exceed the requirements
established under Code of Federal Regulations, title 45, deleted text begin partdeleted text end new text begin sectionnew text end 155.220. Certification
shall include training on health plans available through MNsure, available tax credits and
cost-sharing arrangements, compliance with privacy and security standards, eligibility
verification processes, online enrollment tools, and basic information on available public
health care programs. Training required for certification under this subdivision shall qualify
for continuing education requirements for insurance producers required under chapter 60K,
and must comply with course approval requirements under chapter 45.

(c) new text begin For enrollment in qualified health plans, new text end producer compensation shall be established
by health carriers that provide health plans through MNsure. The structure of compensation
to insurance producers must be similar for health plans sold through MNsure and outside
MNsure.

(d) Any insurance producer compensation structure established by a health carrier for
the small group market must include compensation for defined contribution plans that
involve multiple health carriers. The compensation offered must be commensurate with
other small group market defined health plans.

(e) Any insurance producer assisting an individual or small employer with purchasing
coverage through MNsure must disclose, orally and in writing, to the individual or small
employer at the time of the first solicitation with the prospective purchaser the following:

(1) the health carriers and qualified health plans offered through MNsure that the producer
is authorized to sell, and that the producer may not be authorized to sell all the qualified
health plans offered through MNsure;

(2) that the producer may be receiving compensation from a health carrier for enrolling
the individual or small employer into a particular health plan; deleted text begin and
deleted text end

(3) that information on all qualified health plans offered through MNsurenew text begin and the public
optionnew text end is available through the MNsure websitedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) the existence of the public option, that the public option may be purchased through
the MNsure website, and that the producer may receive compensation from the state for
enrolling an individual in the public option.
new text end

For purposes of this paragraph, "solicitation" means any contact by a producer, or any person
acting on behalf of a producer made for the purpose of selling or attempting to sell coverage
through MNsure. If the first solicitation is made by telephone, the disclosures required under
this paragraph need not be made in writing, but the fact that disclosure has been made must
be acknowledged on the application.

(f) Beginning January 15, 2015, each health carrier that offers or sells qualified health
plans through MNsure shall report in writing to the board and the commissioner of commerce
the compensation and other incentives it offers or provides to insurance producers with
regard to each type of health plan the health carrier offers or sells both inside and outside
of MNsure. Each health carrier shall submit a report annually and upon any chang