HEALTH CARE POLICY
The 2020 legislative wrapup Pandemic impacts deliberations BY TOM HANSON, JD, AND JOHN REICH
A
s the 2020 Minnesota legislative session gaveled in on Feb. 11, it was largely expected to be a quiet term. A balanced, two-year budget had passed the year before, the economy was humming, and, with an anticipated $1.3 billion surplus, there was no must-pass legislation. Passage of a bonding bill for infrastructure projects across the state was expected to be the highlight of the session. The Democratic majority in the House indicated interest in spending the budget surplus on affordable housing and homelessness issues, while the Republican-controlled Senate had hoped to use some of the budget surplus for tax relief. However, with Minnesota remaining the only splitparty Legislature in the country and all 201 legislative seats up for election in the fall, many expected agreement would prove elusive on any controversial issues, as each caucus would push its own priorities and see no reason to compromise mere months prior to an important nationwide election. Suffice it to say, the legislative session did not go as expected. By March 17, exactly five weeks into the session, a new reality set in due to extraordinary measures undertaken by the Legislature in response to the COVID-19 pandemic. The House and Senate both met briefly to pass a $20 million
OB & GYN CARE
COVID-19 response package, followed seven days later with an additional $200 million COVID-19 response package. After those bills passed, the Legislature began an unprecedented extended recess until April 14. From March 17 to April 14, the Legislature met just twice, each day passing a single COVID-19 response bill. The first of these bills was more comprehensive in nature, including various funding and policy provisions, while the second established a rebuttable presumption that those who work in certain occupations and contracted COVID-19 had acquired it on the job, and were therefore eligible for workers’ compensation. The Legislature eventually resumed relatively normal functions after moving to a virtual environment. Committee meetings via Zoom videoconferencing became the norm, and new rules were passed to allow for legislators to participate in floor sessions from various remote locations. As a result, both the House and Senate engaged in regularly scheduled committee meetings, and each met in floor session several times a week. The issues moved beyond only dealing with the COVID-19 response, and bills began advancing through the new, much slower, process. Eventually, nearly 50 bills were passed and signed into law in the last month of the regular session. The Legislature adjourned the 2020 regular session on the constitutionally required date of May 18. Concurrently, Gov. Tim Walz declared a peacetime emergency on March 13, which afforded him broad authority under state law to address the COVID-19 pandemic through executive order. Each peacetime emergency declaration is in effect for 30 days and can be renewed as many times deemed necessary by the Governor. Subsequently, Gov. Walz has continually renewed the peacetime emergency, issuing more than 75 Executive Orders, which is an unprecedented number.
including advanced maternal age.
management of peri-menopause
Certified nurse midwifery.
Center for Urinary and Pelvic Health, including urodynamics.
The peacetime emergency declaration added a wrinkle to the Governor’s relationship with the Legislature during the legislative interim. In a normal year, House and Senate members would all be back in their districts campaigning. However, state law requires that if the Governor issues, or in this case renews, a peacetime emergency and the Legislature is not in session, then the Governor must call a Special Session to allow the Legislature to review the Governor’s actions. Under state law, the Legislature may vote to terminate the peacetime emergency but does not have to approve it.
well-woman screenings and in-office procedures
Nutrition and wellness
Legislation of interest
Gynecologic surgeries,
Infertility evaluation and
FOR ALL STAGES OF LIFE Low- and high-risk obstetrics,
Gynecologic care, including
including minimally invasive surgeries and robotics for conditions such as endometriosis and pelvic organ prolapse
Menopause Clinic, including
consultations. treatment.
Outside of the efforts to address the COVID-19 pandemic, health care policy was not a big focus during the 2020 legislative session. As we discussed in Minnesota Physician after the 2019 session closed, there were major policy and funding changes included in the 2019-2020 budget. As a result, the 2020 session was largely focused on policy. Highlights of legislation that passed this year:
Early, late, and Saturday appointments
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M A P L E G R O V E • B L A I N E • P LY M O U T H • C R Y S T A L
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JULY 2020 MINNESOTA PHYSICIAN
H.F. 3398 (Morrison)/S.F. (Rosen): Prior authorization. The Legislature modified the utilization review and prior authorization requirements used by Minnesota’s health insurance companies to medically manage health
