11 Days to Go, MMA Expects Action on Top Legislative Priorities

May 11, 2023

Minnesota’s Statehood Day (May 11) always marks the nearing of the end for the legislative session in St. Paul. Legislators have fewer than two weeks to wrap up their work ahead of the May 22 adjournment deadline. 

The Legislature has already passed several monumental bills, such as the Protect Reproductive Options (PRO) Act, legal protections for providers and patients seeking gender-affirming care and abortion services in Minnesota, a ban of conversion therapy, and more. But with 11 days remaining, the bulk of their work on the state’s budget still needs to get to the finish line. 

Most of the MMA’s legislative priorities are being deliberated in the Health and Human Services (HHS) Conference Committee, with the lone exception being authorizing the CANDOR (Communication and Optimal Resolution) process in Minnesota, which is included in the Judiciary Conference Committee report. 

Language to extend coverage for audio-only telehealth for two more years, providing Medical Assistance (MA) coverage for recuperative care services, and authorizing the development of a statewide database for POLST (Provider Orders for Life Sustaining Treatment) forms are currently in both the House and Senate HHS omnibus bill, and will likely be adopted. Language to prohibit insurers and pharmacy benefit manufacturers from changing the formulary of a drug during a patient’s contract year is in the Senate bill, but not in the House. The MMA continues to push to include this in the final committee report in the final weeks of session. 

Other MMA-supported items likely to be included in the report include grants for healthcare worker safety, repeal of laws intended to obstruct access to reproductive healthcare services, and updates to the all-payer claims database (APCD). Additionally, the House bill includes broad investments in the healthcare workforce through funding for a rural residency program and for loan forgiveness programs. The Senate language limits their healthcare workforce investments to nurses and mental health workers. 

Included in both bills is a new Health Care Affordability Commission that would establish and enforce healthcare spending limits. The MMA has been working to remove the authority of the commission to issue “improvement plans,” with regulatory and civil penalties of up to $500,000 for healthcare entities that are not compliant.  

Both bills also include expansion of access to affordable health coverage. They expand coverage for MinnesotaCare, provide coverage for non-documented Minnesotans, and provide subsidies to encourage Minnesotans to purchase coverage with lower deductibles. They also include efforts to further expand MinnesotaCare to more Minnesotans through what is referred to as a “public option” beginning in 2027. The MMA has offered language to ensure that adequate provider reimbursement rates are used in the new program and that additional actuarial analysis on the new proposal is completed before implementation.  

Lastly, the conference committee is considering new authority for oversight by the Attorney General for private facility mergers or acquisitions. While the MMA has stated that over-consolidation can result in higher costs and lower patient outcomes, we have worked to narrow the focus of this to focus on healthcare transactions that will harm patient access and affordability. The original bill, HF 402 (Bierman, DFL – Apple Valley), is also moving separately as a standalone provision. It was approved by the House Ways and Means Committee on May 8, and referred to the Senate Finance Committee on May 10. 

The HHS Conference Committee has only met once publicly, but negotiations continue behind the scenes. A second meeting is expected in the coming days and the committee could announce a final deal on the health-related items to pass this session.