Bill Text: FL S1802 | 2013 | Regular Session | Enrolled
Bill Title: State Employee Health Insurance
Spectrum: Committee Bill
Status: (Passed) 2013-05-20 - Chapter No. 2013-52, companion bill(s) passed, see SB 1500 (Ch. 2013-40), SB 1502 (Ch. 2013-41) [S1802 Detail]
Download: Florida-2013-S1802-Enrolled.html
ENROLLED
2013 Legislature SB 1802, 1st Engrossed
20131802er
1
2 An act relating to state employee health insurance;
3 amending s. 110.123, F.S.; modifying the terms “full
4 time state employees” and “part-time state employee”
5 for the purposes of expressly excluding persons paid
6 from other-personal-services funds who work less than
7 a certain number of hours per week from the state
8 group insurance program; defining the term “seasonal
9 worker”; revising provisions relating to employer
10 contributions to employee health savings accounts;
11 requiring each agency or entity that participates in
12 the program to provide information about its employees
13 in order to determine eligibility for the insurance
14 program; amending s. 110.131, F.S.; providing that an
15 OPS employee meeting certain criteria is eligible to
16 participate in the state group health insurance
17 program; authorizing the Department of Management
18 Services to adopt emergency rules in order to modify
19 the eligibility of certain persons and comply with
20 federal requirements; providing effective dates.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Effective December 1, 2013, present paragraphs
25 (i) through (n) of subsection (2) of section 110.123, Florida
26 Statutes, are redesignated as paragraphs (j) through (o),
27 respectively, paragraphs (c) and (f) of that subsection are
28 amended and a new paragraph (i) is added to that subsection,
29 paragraph (g) of subsection (3), paragraph (d) of subsection
30 (4), and paragraph (a) of subsection (12) of that section are
31 amended, and subsection (13) is added to that section, to read:
32 110.123 State group insurance program.—
33 (2) DEFINITIONS.—As used in this section, the term:
34 (c) “Full-time state employees” means includes all full
35 time employees of all branches or agencies of state government
36 holding salaried positions who are and paid by state warrant or
37 from agency funds and who work or are expected to work an
38 average of at least 30 or more hours per week;, and employees
39 paid from regular salary appropriations for 8 months’
40 employment, including university personnel on academic
41 contracts; and employees, but in no case shall “state employee”
42 or “salaried position” include persons paid from other-personal
43 services (OPS) funds as described in subparagraphs 1. and 2. The
44 term “Full-time employees” includes all full-time employees of
45 the state universities. The term does not include seasonal
46 workers who are paid from OPS funds.
47 1. For persons hired before April 1, 2013, the term
48 includes any person paid from OPS funds who:
49 a. Has worked an average of at least 30 hours or more per
50 week during the initial measurement period from April 1, 2013,
51 through September 30, 2013; or
52 b. Has worked an average of at least 30 hours or more per
53 week during a subsequent measurement period.
54 2. For persons hired after April 1, 2013, the term includes
55 any person paid from OPS funds who:
56 a. Is reasonably expected to work an average of at least 30
57 hours or more per week; or
58 b. Has worked an average of at least 30 hours or more per
59 week during the person’s measurement period.
60 (f) “Part-time state employee” means an any employee of any
61 branch or agency of state government paid by state warrant from
62 salary appropriations or from agency funds, and who is employed
63 for less than an average of 30 hours per week the normal full
64 time workweek established by the department or, if on academic
65 contract or seasonal or other type of employment which is less
66 than year-round, is employed for less than 8 months during any
67 12-month period, but does not in no case shall “part-time”
68 employee include a person paid from other-personal-services
69 (OPS) funds. The term “Part-time state employee” includes all
70 any part-time employees employee of the state universities.
71 (i) “Seasonal workers” has the same meaning as provided
72 under 29 C.F.R. 500.20(s)(1).
73 (3) STATE GROUP INSURANCE PROGRAM.—
74 (g) Participation by individuals in the program is
75 available to all state officers, full-time state employees, and
76 part-time state employees; and such participation in the program
77 or any plan is voluntary. Participation in the program is also
78 available to retired state officers and employees, as defined in
79 paragraph (2)(g), who elect at the time of retirement to
80 continue coverage under the program, but they may elect to
81 continue all or only part of the coverage they had at the time
82 of retirement. A surviving spouse may elect to continue coverage
83 only under a state group health insurance plan, a TRICARE
84 supplemental insurance plan, or a health maintenance
85 organization plan.
86 1. Full-time state employees described in subsection
87 (2)(c)1. are eligible for health insurance coverage in calendar
88 year 2014 as long as they remain employed by an employer
89 participating in the state group insurance program during the
90 year. This subparagraph expires December 31, 2014.
91 2. Employees paid from other-personal-services (OPS) funds
92 are not eligible for coverage before January 1, 2014.
93 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
94 ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
95 (d) The state contribution for health insurance coverage
96 for a part-time permanent state employee who elects to
97 participate in the program shall be prorated so that the amount
98 of the cost contributed for the part-time permanent employee
99 bears the same that relation to the amount of cost contributed
100 for a similar full-time employee that the part-time employee’s
101 normal workday bears to a full-time employee’s normal workday.
102 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
103 to establish health savings accounts for full-time and part-time
104 state employees in association with a health insurance plan
105 option authorized by the Legislature and conforming to the
106 requirements and limitations of federal provisions relating to
107 the Medicare Prescription Drug, Improvement, and Modernization
108 Act of 2003.
109 (a)1. A member participating in this health insurance plan
110 option is eligible to:
111 1. Receive an employer contribution into the employee’s
112 health savings account from the State Employees Health Insurance
113 Trust Fund in an amount to be determined by the Legislature. A
114 member is not eligible for an employer contribution upon
115 termination of employment. For the 2013-2014 2012-2013 fiscal
116 year, the state’s monthly contribution for employees having
117 individual coverage shall be $41.66 and the monthly contribution
118 for employees having family coverage shall be $83.33. For the
119 2014-2015 fiscal year and thereafter, the state’s contribution
120 from the trust fund into the member’s health savings account
121 shall be set in the annual General Appropriations Act.
122 2. A member participating in this health insurance plan
123 option is eligible to Deposit the member’s own funds into a
124 health savings account.
125 (13) OTHER-PERSONAL-SERVICES EMPLOYEES (OPS).—
126 (a) Each agency or other entity that participates in the
127 state group insurance program shall provide information to the
128 department on each of its employees regardless of whether the
129 employee participates in the program. Such information must
130 include the name of the employee, the number of hours worked by
131 the employee, and any other information the department considers
132 necessary for determining the eligibility of the employee to
133 participate in the program. Such information shall be submitted
134 as prescribed by the department.
135 (b) Each agency or other entity that participates in the
136 state group insurance program shall identify any of its
137 employees paid from OPS funds or similar funds who are employed
138 by another agency or entity participating in the state group
139 insurance program.
140 (c) The initial measurement period used to determine
141 whether an employee hired before April 1, 2013, and paid from
142 OPS funds is a full-time employee described in subparagraph
143 (2)(c)1. is the 6-month period from April 1, 2013, through
144 September 30, 2013.
145 (d) All other measurement periods used to determine whether
146 an employee paid from OPS funds is a full-time employee
147 described in paragraph (2)(c) must be for 12 consecutive months.
148 Section 2. Subsection (5) is added to section 110.131,
149 Florida Statutes, to read:
150 110.131 Other-personal-services employment.—
151 (5) Beginning January 1, 2014, an other-personal-services
152 (OPS) employee who has worked an average of at least 30 or more
153 hours per week during the measurement period described in s.
154 110.123(13)(c) or (d), or who is reasonably expected to work an
155 average of at least 30 or more hours per week following his or
156 her employment, is eligible to participate in the state group
157 insurance program as provided under s. 110.123.
158 Section 3. The Department of Management Services may adopt
159 emergency rules to modify the eligibility requirements of
160 persons paid from other-personal-services (OPS) funds, which are
161 limited to compliance with the coverage requirements of the
162 Patient Protection and Affordable Care Act, Pub. L. No. 111-148,
163 as amended by the Health Care and Education Reconciliation Act
164 of 2010, Pub. L. No. 111-152, and any regulations adopted
165 pursuant to those acts which are in effect on July 1, 2013.
166 Emergency rules adopted under this provision shall be limited to
167 mitigating the state’s exposure to potential liability under the
168 penalty provisions of those acts for failing to comply with such
169 coverage requirements. Any emergency rules adopted pursuant to
170 this section must expire by June 30, 2014.
171 Section 4. Except as otherwise expressly provided in this
172 act, this act shall take effect July 1, 2013.
