Bill Text: NJ A2134 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits certain self-employed individuals to purchase small employer health benefits plans.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-30 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A2134 Detail]
Download: New_Jersey-2012-A2134-Introduced.html
Sponsored by:
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Permits certain self-employed individuals to purchase small employer health benefits plans.
CURRENT VERSION OF TEXT
As introduced.
An Act permitting certain self-employed individuals to purchase small employer health benefits plans and supplementing P.L.1992, c.162 (C.17B:27A-17 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Self-employed individuals are members of the workforce, the same as other individuals that work for an employer;
b. However, self-employed individuals are placed at a disadvantage in this State in that they are required to purchase their health insurance as individuals rather than as small employers;
c. The cost of individual health insurance is, more often than not, beyond the reach of self-employed individuals who have business expenses that individuals who work for an employer do not have, thus a large number of the self-employed forego health insurance coverage for themselves and their families; and
d. Allowing self-employed individuals who are members of trade or professional associations of self-employed individuals to purchase health coverage through the New Jersey Small Employer Health Benefits Program, established by P.L.1992, c.162 (C.17B:27A-17 et seq.) would give self-employed individuals access to health coverage at premiums that are less expensive than coverage available in the individual health insurance market and would benefit the public by decreasing the State's burden of providing health care services for the uninsured.
2. As used in this act:
"Eligible self-employed individual" means an individual who is a member of a trade or professional association and who is not: an employer; employed full-time by another person, firm, corporation, partnership or political subdivision; and eligible to be covered under a group health benefits plan, group health plan, governmental plan, church plan or Part A or Part B of Title XVIII of the Social Security Act (42 U.S.C. s.1395 et seq.), except for eligibility provided pursuant to this act.
"Professional association" means an association comprised primarily of self-employed individuals that serves its members' common professional interests that: has been actively in existence for at least five years; has been formed and maintained for purposes other than to allow its members to obtain health coverage pursuant to this act; and does not condition membership in the association on any health status-related factor relating to an individual or that individual's dependents.
"Self-employed individual" means an individual who is not an employer and is not employed full-time by another person, firm, corporation, partnership or political subdivision.
"Trade association" means an association comprised primarily of self-employed individuals that serves its members' common trade, industry or business interests that: has been actively in existence for at least five years; has been formed and maintained for purposes other than to allow its members to obtain health coverage pursuant to this act; and does not condition membership in the association on any health status-related factor relating to an individual or that individual's dependents.
3. An eligible self-employed individual may purchase a small employer health benefits plan through the New Jersey Small Employer Health Benefits Program established by P.L.1992, c.162 (C.17B:27A-17 et seq.) to cover health care services for himself or his dependents or both.
4. The commissioner shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
5. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill permits eligible self-employed individuals to purchase small employer health benefits plans through the New Jersey Small Employer Health Benefits Program established pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.).
"Eligible self-employed individual" is defined in the bill as an individual who is a member of a trade or professional association and who is not:
- an employer;
- employed full-time by another person, firm, corporation, partnership or political subdivision; and
- eligible to be covered under a group health benefits plan, group health plan, governmental plan, church plan or Medicare plan, except for eligibility provided for under this bill.
"Professional association" and "trade association" are defined under the bill as associations comprised primarily of self-employed individuals that serve their members' common professional or trade interests, respectively, that:
- have been actively in existence for at least five years;
- have been formed and maintained for purposes other than to allow their members to obtain a small employer health benefits plan pursuant to this act; and
- do not condition membership in the associations on any health status-related factor relating to an individual or that individual's dependents.
