April 24, 2018, Introduced by Senators SHIRKEY, MACGREGOR, MARLEAU, HILDENBRAND, KNEZEK, HOPGOOD, ANANICH, YOUNG, HERTEL, CONYERS, ZORN and SCHMIDT and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
(MCL 500.100 to 500.8302) by adding section 3575.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3575. (1) The state innovation waiver task force is
created to develop recommendations to obtain a state innovation
waiver.
(2) Within 14 days after the effective date of this section,
the governor shall appoint the members of the state innovation task
force. The governor shall appoint the following members:
(a) A member from the Michigan Hospital Association, nominated
by a representative of the Michigan Hospital Association.
(b) A member from the Michigan Small Business Association,
nominated by a representative of the Michigan Small Business
Association.
(c) A member from the Michigan Chamber of Commerce, nominated
by a representative of the Michigan Chamber of Commerce.
(d) A member from the Michigan Association of Health
Underwriters, nominated by a representative of the Michigan
Association of Underwriters.
(e) A member from the Michigan Association of Health Plans,
nominated by a representative of the Michigan Association of Health
Plans.
(f) A member from the department, nominated by the director.
(g) A member who represents the residents of this state,
nominated by the director.
(h) A member from each qualified health insurer, nominated by
a representative of the qualified health insurer. The member under
this subdivision must be a full-time employee of the qualified
health insurer.
(3) The director or his or her designee shall serve as the
state innovation task force's presiding officer. The task force
shall meet at the call of the presiding officer. The presiding
officer shall call the task force to meet not later than September
1, 2018. Not later than March 31, 2019, the task force shall make
recommendations to the director to obtain a state innovation
waiver. The recommendations must include all of the following:
(a) A comprehensive description of the plan to obtain a state
innovation waiver, including a timeline for implementing the
waiver.
(b) The specific provisions of the affordable care act that
this state seeks to waive.
(c) Supporting information described in 45 CFR
155.1308(f)(4)(i) and (ii).
(d) Additional information necessary to comply with applicable
federal requirements.
(e) Suggested legislative language to implement the state
innovation waiver, if necessary in accordance with federal
guidance.
(f) Written evidence of the state innovation waiver task
force's compliance with applicable public notice requirements for
the waiver as provided in 45 CFR 155.1308(f)(2).
(4) The state innovation waiver task force shall recommend to
the director at least 1 state innovation waiver. As soon as
practicable, the director shall file with the appropriate federal
agencies a state innovation waiver recommended under this
subsection that will be implemented subject to federal approval.
(5) As used in this section:
(a) "Affordable care act" means that term as defined in
section 1261.
(b) "Exchange" means that term as defined in section 1261.
(c) "Qualified health insurer" means a health insurer that
meets all of the following conditions:
(i) Is either of the following:
(A) A health maintenance organization.
(B) A nonprofit mutual disability insurer.
(ii) The health insurer has participated in an exchange in
this state in each plan year that the exchange has been
operational.
(iii) The health insurer has filed with the department, and
has been certified by the Centers for Medicare and Medicaid
Services, to participate in an exchange in this state for the 2018
plan year.
(d) "State innovation waiver" means a state innovation waiver
under section 1332 of the affordable care act, 42 USC 18052.