New laws effective January 1, 2019

The following select laws were passed during the 2018 legislative session and take effect on January 1, 2019.

‘Certified’ reinsurers join the state’s risk-sharing groups

Minnesota will recognize a new class of reinsurance organizations deemed “certified” reinsurers, joining “licensed” and “accredited” reinsurers in taking on some of the risk of licensed Minnesota insurance companies. This new classification will allow reinsurers not licensed in Minnesota to work in the state as long as they meet certain bookkeeping and financial strength requirements. The new law requires the Department of Commerce to receive public input on certified reinsurance applications and publish a list of certified reinsurers, along with their ratings from financial agencies such as S&P and Moody’s. Sponsored by Senator Gary Dahms (R-Redwood Falls)

Revised Uniform Law on Notarial Acts

A new law will repeal and replace the standard for notaries public and update Minnesota law to reflect a nationally-recognized uniform law called the Revised Uniform Law on Notarial Acts. This will allow for, and regulate, remote online notaries, including electronic signatures, seals, and records. The law specifies certain restrictions and requirements for online notaries public, as well as a process for how a notary can be removed. Sponsored by Senator Jerry Relph (R-St. Cloud)

Protecting children from identity theft

A new law is intended to keep children safe from identity theft, extending security freeze protections to individuals under age 16 by allowing credit reporting agencies to freeze existing credit reports or to develop credit reports on young account-holders and subsequently freeze those reports. The law gives credit reporting agencies 30 days to act after the consumer requests a freeze or lift. Sponsored by Senator John Jasinski (R-Faribault)

Presumptive PTSD for public safety personnel

As part of a new law relating to workers’ compensation, if a peace officer, firefighter, corrections officer or some medical personnel on active duty is diagnosed with post-traumatic stress disorder, and has not been diagnosed with the mental impairment previously, the mental impairment is presumptively an occupational disease and shall be presumed to have been due to the nature of employment. Per the law, “the mental impairment is not considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.” Sponsored by Senator Paul Utke (R-Park Rapids)

New guidelines for municipal waste collection

Currently, if a local government seeks to implement a solid waste collection method, it must establish a committee to identify and evaluate potential new methods. That evaluation will be expanded to include an analysis of residents’ ability to choose a solid waste collector based on cost, services provided and other factors, and the impact of collection vehicle operation on city streets and alleys. The new law will also affect collector negotiations by extending the period during which local governments are required to negotiate with licensed haulers from the current 60 days to “at least” 60 days. Negotiating parties will also be allowed to informally meet and confer regarding waste collection issues prior to negotiations. Sponsored by Senator Dan Hall (R-Burnsville)

Step therapy protocol established

A new law will require health plans to establish step therapy protocols and provide enrollees with clinical review criteria. Step therapy is a way doctors prescribe new medication, but patients don’t always start with the least-expensive medication before moving to more expensive ones. A protocol will give doctors and patients another tool in deciding which medication to choose. The law also allows doctors and patients to request overriding the health plan written protocol. Sponsored by Senator Paul Utke (R-Park Rapids)

Courtesy of Minnesota House Public Information Services