Florida Senate - 2011                                    SB 2102
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03598-11                                          20112102__
    1                        A bill to be entitled                      
    2         An act relating to health insurance benefits for state
    3         employees; amending s. 110.123, F.S.; deleting
    4         references to TRICARE supplemental insurance plans;
    5         deleting the definition of the term “state-contracted
    6         HMO”; deleting the Department of Management Services’
    7         authorization to contract with health maintenance
    8         organizations for participation in the state group
    9         insurance program; authorizing the Department of
   10         Management Services to establish health maintenance
   11         incentive programs; providing for state contributions
   12         to health insurance coverage for employees and their
   13         families for the 2011-2012 fiscal year; repealing s.
   14         110.12302, F.S., relating to the costing options for
   15         plan designs required for contract solicitations for
   16         health maintenance contracts and the requirement of
   17         the department to make recommendations to the
   18         Legislature regarding a procurement of services;
   19         creating s. 110.12303, F.S.; requiring the Department
   20         of Management Services to establish a health insurance
   21         risk pool for certain employees and retirees; amending
   22         s. 110.12315, F.S.; revising the conditions under
   23         which pharmacies are provided reimbursement for
   24         prescription medicines that are dispensed to members
   25         of the state group health insurance plan under the
   26         state employees’ prescription drug program; amending
   27         s. 112.0801, F.S.; deleting the authority of state
   28         agencies to allow certain former personnel and their
   29         eligible dependents the option of continuing to
   30         participate in certain group insurance plans or self
   31         insurance plans; specifying the parameters for the
   32         health insurance plans and their funding for the state
   33         group insurance program administered by the Department
   34         of Management Services; providing the premiums to be
   35         charged under the state group insurance program to
   36         employees and retirees for specified periods;
   37         providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsections (1), (2), and (3), paragraph (e) of
   42  subsection (5), and subsection (12) of section 110.123, Florida
   43  Statutes, are amended to read:
   44         110.123 State group insurance program.—
   45         (1) TITLE.—Sections 110.123110.12315 This section may be
   46  cited as the “State Group Insurance Program Law.”
   47         (2) DEFINITIONS.—As used in ss. 110.123110.12315 this
   48  section, the term:
   49         (a) “Department” means the Department of Management
   50  Services.
   51         (b) “Enrollee” means all state officers and employees,
   52  retired state officers and employees, surviving spouses of
   53  deceased state officers and employees, and terminated employees
   54  or individuals with continuation coverage who are enrolled in an
   55  insurance plan offered by the state group insurance program.
   56  “Enrollee” includes all state university officers and employees,
   57  retired state university officers and employees, surviving
   58  spouses of deceased state university officers and employees, and
   59  terminated state university employees or individuals with
   60  continuation coverage who are enrolled in an insurance plan
   61  offered by the state group insurance program.
   62         (c) “Full-time state employees” includes all full-time
   63  employees of all branches or agencies of state government
   64  holding salaried positions and paid by state warrant or from
   65  agency funds, and employees paid from regular salary
   66  appropriations for 8 months’ employment, including university
   67  personnel on academic contracts, but in no case shall “state
   68  employee” or “salaried position” include persons paid from
   69  other-personal-services (OPS) funds. “Full-time employees”
   70  includes all full-time employees of the state universities.
   71         (d) “Health maintenance organization” or “HMO” means an
   72  entity certified under part I of chapter 641.
   73         (e) “Health plan member” means any person participating in
   74  a state group health insurance plan, a TRICARE supplemental
   75  insurance plan, or a health maintenance organization plan under
   76  the state group insurance program, including enrollees and
   77  covered dependents thereof.
   78         (f) “Part-time state employee” means any employee of any
   79  branch or agency of state government paid by state warrant from
   80  salary appropriations or from agency funds, and who is employed
   81  for less than the normal full-time workweek established by the
   82  department or, if on academic contract or seasonal or other type
   83  of employment which is less than year-round, is employed for
   84  less than 8 months during any 12-month period, but in no case
   85  shall “part-time” employee include a person paid from other
   86  personal-services (OPS) funds. “Part-time state employee”
   87  includes any part-time employee of the state universities.
   88         (g) “Retired state officer or employee” or “retiree” means
   89  any state or state university officer or employee who retires
   90  under a state retirement system or a state optional annuity or
   91  retirement program or is placed on disability retirement, and
   92  who was insured under the state group insurance program at the
   93  time of retirement, and who begins receiving retirement benefits
   94  immediately after retirement from state or state university
   95  office or employment. In addition to these requirements, any
   96  state officer or state employee who retires under the Public
   97  Employee Optional Retirement Program established under part II
   98  of chapter 121 shall be considered a “retired state officer or
   99  employee” or “retiree” as used in this section if he or she:
  100         1. Meets the age and service requirements to qualify for
  101  normal retirement as set forth in s. 121.021(29); or
  102         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  103  the Internal Revenue Code and has 6 years of creditable service.
  104         (h) “State agency” or “agency” means any branch,
  105  department, or agency of state government. “State agency” or
  106  “agency” includes any state university for purposes of this
  107  section only.
  108         (i) “State group health insurance plan or plans” or “state
  109  plan or plans” mean the state self-insured health insurance plan
  110  or plans offered to state officers and employees, retired state
  111  officers and employees, and surviving spouses of deceased state
  112  officers and employees pursuant to this section.
  113         (j) “State-contracted HMO” means any health maintenance
  114  organization under contract with the department to participate
  115  in the state group insurance program.
  116         (j)(k) “State group insurance program” or “programs” means
  117  the package of insurance plans offered to state officers and
  118  employees, retired state officers and employees, and surviving
  119  spouses of deceased state officers and employees pursuant to
  120  this section, including the state group health insurance plan or
  121  plans, health maintenance organization plans, TRICARE
  122  supplemental insurance plans, and other plans required or
  123  authorized by law.
  124         (k)(l) “State officer” means any constitutional state
  125  officer, any elected state officer paid by state warrant, or any
  126  appointed state officer who is commissioned by the Governor and
  127  who is paid by state warrant.
  128         (l)(m) “Surviving spouse” means the widow or widower of a
  129  deceased state officer, full-time state employee, part-time
  130  state employee, or retiree if such widow or widower was covered
  131  as a dependent under the state group health insurance plan, a
  132  TRICARE supplemental insurance plan, or a health maintenance
  133  organization plan established pursuant to this section at the
  134  time of the death of the deceased officer, employee, or retiree.
  135  “Surviving spouse” also means any widow or widower who is
  136  receiving or eligible to receive a monthly state warrant from a
  137  state retirement system as the beneficiary of a state officer,
  138  full-time state employee, or retiree who died prior to July 1,
  139  1979. For the purposes of this section, any such widow or
  140  widower shall cease to be a surviving spouse upon his or her
  141  remarriage.
  142         (n) “TRICARE supplemental insurance plan” means the
  143  Department of Defense Health Insurance Program for eligible
  144  members of the uniformed services authorized by 10 U.S.C. s.
  145  1097.
  146         (3) STATE GROUP INSURANCE PROGRAM.—
  147         (a) The Division of State Group Insurance is created within
  148  the Department of Management Services.
  149         (b) It is the intent of the Legislature to offer a
  150  comprehensive package of health insurance and retirement
  151  benefits and a personnel system for state employees which are
  152  provided in a cost-efficient and prudent manner, and to allow
  153  state employees the option to choose benefit plans which best
  154  suit their individual needs. Therefore, the state group
  155  insurance program is established which may include the state
  156  group health insurance plan or plans, health maintenance
  157  organization plans, group life insurance plans, TRICARE
  158  supplemental insurance plans, group accidental death and
  159  dismemberment plans, and group disability insurance plans.
  160  Furthermore, the department is additionally authorized to
  161  establish and provide as part of the state group insurance
  162  program any other group insurance plans or coverage choices that
  163  are consistent with the provisions of this section.
  164         (c) Notwithstanding any provision in this section to the
  165  contrary, it is the intent of the Legislature that the
  166  department shall be responsible for all aspects of the purchase
  167  of health care for state employees under the state group health
  168  insurance plan or plans, TRICARE supplemental insurance plans,
  169  and the health maintenance organization plans. Responsibilities
  170  shall include, but not be limited to, the development of
  171  requests for proposals or invitations to negotiate for state
  172  employee health services, the determination of health care
  173  benefits to be provided, and the negotiation of contracts for
  174  health care and health care administrative services. Prior to
  175  the negotiation of contracts for health care services, the
  176  Legislature intends that the department shall develop, with
  177  respect to state collective bargaining issues, the health
  178  benefits and terms to be included in the state group health
  179  insurance program. The department shall adopt rules necessary to
  180  perform its responsibilities pursuant to this section. It is the
  181  intent of the Legislature that the department shall be
  182  responsible for the contract management and day-to-day
  183  management of the state employee health insurance program,
  184  including, but not limited to, employee enrollment, premium
  185  collection, payment to health care providers, and other
  186  administrative functions related to the program.
  187         (d)1. Notwithstanding the provisions of chapter 287 and the
  188  authority of the department, for the purpose of protecting the
  189  health of, and providing medical services to, state employees
  190  participating in the state group insurance program, the
  191  department may contract to retain the services of professional
  192  administrators for the state group insurance program. The agency
  193  shall follow good purchasing practices of state procurement to
  194  the extent practicable under the circumstances.
  195         2. Each vendor in a major procurement, and any other vendor
  196  if the department deems it necessary to protect the state’s
  197  financial interests, shall, at the time of executing any
  198  contract with the department, post an appropriate bond with the
  199  department in an amount determined by the department to be
  200  adequate to protect the state’s interests but not higher than
  201  the full amount estimated to be paid annually to the vendor
  202  under the contract.
  203         3. Each major contract entered into by the department
  204  pursuant to this section shall contain a provision for payment
  205  of liquidated damages to the department for material
  206  noncompliance by a vendor with a contract provision. The
  207  department may require a liquidated damages provision in any
  208  contract if the department deems it necessary to protect the
  209  state’s financial interests.
  210         4. The provisions of s. 120.57(3) apply to the department’s
  211  contracting process, except:
  212         a. A formal written protest of any decision, intended
  213  decision, or other action subject to protest shall be filed
  214  within 72 hours after receipt of notice of the decision,
  215  intended decision, or other action.
  216         b. As an alternative to any provision of s. 120.57(3), the
  217  department may proceed with the bid selection or contract award
  218  process if the director of the department sets forth, in
  219  writing, particular facts and circumstances which demonstrate
  220  the necessity of continuing the procurement process or the
  221  contract award process in order to avoid a substantial
  222  disruption to the provision of any scheduled insurance services.
  223         (e) The Department of Management Services and the Division
  224  of State Group Insurance may not prohibit or limit any properly
  225  licensed insurer, health maintenance organization, prepaid
  226  limited health services organization, or insurance agent from
  227  competing for any insurance product or plan purchased, provided,
  228  or endorsed by the department or the division on the basis of
  229  the compensation arrangement used by the insurer or organization
  230  for its agents.
  231         (f) Except as provided for in subparagraph (h)2., the state
  232  contribution toward the cost of any plan in the state group
  233  insurance program shall be uniform with respect to all state
  234  employees in a state collective bargaining unit participating in
  235  the same coverage tier in the same plan. This section does not
  236  prohibit the development of separate benefit plans for officers
  237  and employees exempt from the career service or the development
  238  of separate benefit plans for each collective bargaining unit.
  239         (g) Participation by individuals in the program is
  240  available to all state officers, full-time state employees, and
  241  part-time state employees; and such participation in the program
  242  or any plan is voluntary. Participation in the program is also
  243  available to retired state officers and employees, as defined in
  244  paragraph (2)(g), who elect at the time of retirement to
  245  continue coverage under the program, but they may elect to
  246  continue all or only part of the coverage they had at the time
  247  of retirement. A surviving spouse may elect to continue coverage
  248  only under a state group health insurance plan, a TRICARE
  249  supplemental insurance plan, or a health maintenance
  250  organization plan.
  251         (h)1. A person eligible to participate in the state group
  252  insurance program may be authorized by rules adopted by the
  253  department, in lieu of participating in the state group health
  254  insurance plan, to exercise an option to elect membership in a
  255  health maintenance organization plan which is under contract
  256  with the state in accordance with criteria established by this
  257  section and by said rules. The offer of optional membership in a
  258  health maintenance organization plan permitted by this paragraph
  259  may be limited or conditioned by rule as may be necessary to
  260  meet the requirements of state and federal laws.
  261         2. The department shall contract with health maintenance
  262  organizations seeking to participate in the state group
  263  insurance program through a request for proposal or other
  264  procurement process, as developed by the Department of
  265  Management Services and determined to be appropriate.
  266         a. The department shall establish a schedule of minimum
  267  benefits for health maintenance organization coverage, and that
  268  schedule shall include: physician services; inpatient and
  269  outpatient hospital services; emergency medical services,
  270  including out-of-area emergency coverage; diagnostic laboratory
  271  and diagnostic and therapeutic radiologic services; mental
  272  health, alcohol, and chemical dependency treatment services
  273  meeting the minimum requirements of state and federal law;
  274  skilled nursing facilities and services; prescription drugs;
  275  age-based and gender-based wellness benefits; and other benefits
  276  as may be required by the department. Additional services may be
  277  provided subject to the contract between the department and the
  278  HMO. As used in this paragraph, the term “age-based and gender
  279  based wellness benefits” includes aerobic exercise, education in
  280  alcohol and substance abuse prevention, blood cholesterol
  281  screening, health risk appraisals, blood pressure screening and
  282  education, nutrition education, program planning, safety belt
  283  education, smoking cessation, stress management, weight
  284  management, and women’s health education.
  285         b. The department may establish uniform deductibles,
  286  copayments, coverage tiers, or coinsurance schedules for all
  287  participating HMO plans.
  288         c. The department may require detailed information from
  289  each health maintenance organization participating in the
  290  procurement process, including information pertaining to
  291  organizational status, experience in providing prepaid health
  292  benefits, accessibility of services, financial stability of the
  293  plan, quality of management services, accreditation status,
  294  quality of medical services, network access and adequacy,
  295  performance measurement, the ability to meet the department’s
  296  reporting requirements, and the actuarial basis of the proposed
  297  rates and other data determined by the director to be necessary
  298  for the evaluation and selection of health maintenance
  299  organization plans and negotiation of appropriate administrative
  300  fees or rates for these plans. Upon receipt of proposals by
  301  health maintenance organization plans and the evaluation of
  302  those proposals, the department may enter into negotiations with
  303  all of the plans or a subset of the plans, as the department
  304  determines appropriate. Nothing shall preclude the department
  305  from negotiating regional or statewide contracts with health
  306  maintenance organization plans when this is cost-effective and
  307  when the department determines that the plan offers high value
  308  to enrollees.
  309         d. The department may limit the number of HMOs that it
  310  contracts with in each service area based on the nature of the
  311  bids the department receives, the number of state employees in
  312  the service area, or any unique geographical characteristics of
  313  the service area. The department shall establish by rule service
  314  areas throughout the state.
  315         3.e. All persons participating in the state group insurance
  316  program may be required to contribute toward towards a total
  317  state group health premium that may vary depending upon the plan
  318  and coverage tier selected by the enrollee and the level of
  319  state contribution authorized by the Legislature.
  320         4.3. The department may is authorized to negotiate and to
  321  contract with specialty psychiatric hospitals for mental health
  322  benefits, on a regional basis, for alcohol, drug abuse, and
  323  mental and nervous disorders. The department may establish,
  324  subject to the approval of the Legislature pursuant to
  325  subsection (5), any such regional plan upon completion of an
  326  actuarial study to determine any impact on plan benefits and
  327  premiums.
  328         4. In addition to contracting pursuant to subparagraph 2.,
  329  the department may enter into contract with any HMO to
  330  participate in the state group insurance program which:
  331         a. Serves greater than 5,000 recipients on a prepaid basis
  332  under the Medicaid program;
  333         b. Does not currently meet the 25-percent non-Medicare/non
  334  Medicaid enrollment composition requirement established by the
  335  Department of Health excluding participants enrolled in the
  336  state group insurance program;
  337         c. Meets the minimum benefit package and copayments and
  338  deductibles contained in sub-subparagraphs 2.a. and b.;
  339         d. Is willing to participate in the state group insurance
  340  program at a cost of premiums that is not greater than 95
  341  percent of the cost of HMO premiums accepted by the department
  342  in each service area; and
  343         e. Meets the minimum surplus requirements of s. 641.225.
  344  
  345  The department is authorized to contract with HMOs that meet the
  346  requirements of sub-subparagraphs a.-d. prior to the open
  347  enrollment period for state employees. The department is not
  348  required to renew the contract with the HMOs as set forth in
  349  this paragraph more than twice. Thereafter, the HMOs shall be
  350  eligible to participate in the state group insurance program
  351  only through the request for proposal or invitation to negotiate
  352  process described in subparagraph 2.
  353         5. All enrollees in a state group health insurance plan, a
  354  TRICARE supplemental insurance plan, or any health maintenance
  355  organization plan have the option of changing to any other
  356  health plan that is offered by the state within any open
  357  enrollment period designated by the department. Open enrollment
  358  shall be held at least once each calendar year.
  359         6. When a contract between a treating provider and the
  360  state-contracted health maintenance organization is terminated
  361  for any reason other than for cause, each party shall allow any
  362  enrollee for whom treatment was active to continue coverage and
  363  care when medically necessary, through completion of treatment
  364  of a condition for which the enrollee was receiving care at the
  365  time of the termination, until the enrollee selects another
  366  treating provider, or until the next open enrollment period
  367  offered, whichever is longer, but no longer than 6 months after
  368  termination of the contract. Each party to the terminated
  369  contract shall allow an enrollee who has initiated a course of
  370  prenatal care, regardless of the trimester in which care was
  371  initiated, to continue care and coverage until completion of
  372  postpartum care. This does not prevent a provider from refusing
  373  to continue to provide care to an enrollee who is abusive,
  374  noncompliant, or in arrears in payments for services provided.
  375  For care continued under this subparagraph, the program and the
  376  provider shall continue to be bound by the terms of the
  377  terminated contract. Changes made within 30 days before
  378  termination of a contract are effective only if agreed to by
  379  both parties.
  380         7. Any HMO participating in the state group insurance
  381  program shall submit health care utilization and cost data to
  382  the department, in such form and in such manner as the
  383  department shall require, as a condition of participating in the
  384  program. The department shall enter into negotiations with its
  385  contracting HMOs to determine the nature and scope of the data
  386  submission and the final requirements, format, penalties
  387  associated with noncompliance, and timetables for submission.
  388  These determinations shall be adopted by rule.
  389         8. The department may establish and direct, with respect to
  390  collective bargaining issues, a comprehensive package of
  391  insurance benefits that may include supplemental health and life
  392  coverage, dental care, long-term care, vision care, and other
  393  benefits it determines necessary to enable state employees to
  394  select from among benefit options that best suit their
  395  individual and family needs.
  396         a. Based upon a desired benefit package, the department
  397  shall issue a request for proposal or invitation to negotiate
  398  for health insurance providers interested in participating in
  399  the state group insurance program, and the department shall
  400  issue a request for proposal or invitation to negotiate for
  401  insurance providers interested in participating in the non
  402  health-related components of the state group insurance program.
  403  Upon receipt of all proposals, the department may enter into
  404  contract negotiations with insurance providers submitting bids
  405  or negotiate a specially designed benefit package. Insurance
  406  providers offering or providing supplemental coverage as of May
  407  30, 1991, which qualify for pretax benefit treatment pursuant to
  408  s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
  409  state employees currently enrolled may be included by the
  410  department in the supplemental insurance benefit plan
  411  established by the department without participating in a request
  412  for proposal, submitting bids, negotiating contracts, or
  413  negotiating a specially designed benefit package. These
  414  contracts shall provide state employees with the most cost
  415  effective and comprehensive coverage available; however, no
  416  state or agency funds shall be contributed toward the cost of
  417  any part of the premium of such supplemental benefit plans. With
  418  respect to dental coverage, the division shall include in any
  419  solicitation or contract for any state group dental program made
  420  after July 1, 2001, a comprehensive indemnity dental plan option
  421  which offers enrollees a completely unrestricted choice of
  422  dentists. If a dental plan is endorsed, or in some manner
  423  recognized as the preferred product, such plan shall include a
  424  comprehensive indemnity dental plan option which provides
  425  enrollees with a completely unrestricted choice of dentists.
  426         b. Pursuant to the applicable provisions of s. 110.161, and
  427  s. 125 of the Internal Revenue Code of 1986, the department
  428  shall enroll in the pretax benefit program those state employees
  429  who voluntarily elect coverage in any of the supplemental
  430  insurance benefit plans as provided by sub-subparagraph a.
  431         c. Nothing herein contained shall be construed to prohibit
  432  insurance providers from continuing to provide or offer
  433  supplemental benefit coverage to state employees as provided
  434  under existing agency plans.
  435         (i) The benefits of the insurance authorized by this
  436  section shall not be in lieu of any benefits payable under
  437  chapter 440, the Workers’ Compensation Law. The insurance
  438  authorized by this law shall not be deemed to constitute
  439  insurance to secure workers’ compensation benefits as required
  440  by chapter 440.
  441         (j) Notwithstanding the provisions of paragraph (f)
  442  requiring uniform contributions, and for the 2010-2011 fiscal
  443  year only, the state contribution toward the cost of any plan in
  444  the state group insurance plan shall be the difference between
  445  the overall premium and the employee contribution. This
  446  subsection expires June 30, 2011.
  447         (5) DEPARTMENT POWERS AND DUTIES.—The department is
  448  responsible for the administration of the state group insurance
  449  program. The department shall initiate and supervise the program
  450  as established by this section and shall adopt such rules as are
  451  necessary to perform its responsibilities. To implement this
  452  program, the department shall, with prior approval by the
  453  Legislature:
  454         (e) Have authority to establish incentive programs for a
  455  voluntary program for comprehensive health maintenance, which
  456  may include lifestyle choices, individual health goals,
  457  participation in health promotion and compliance programs,
  458  health educational components and health appraisals.
  459  Contributions established pursuant to paragraph (a) may differ
  460  based on participation in such programs by the enrollee or
  461  health plan member.
  462  
  463  Final decisions concerning enrollment, the existence of
  464  coverage, or covered benefits under the state group insurance
  465  program shall not be delegated or deemed to have been delegated
  466  by the department.
  467         (12) HEALTH SAVINGS ACCOUNTS.—The department may is
  468  authorized to establish health savings accounts for full-time
  469  and part-time state employees in association with a health
  470  insurance plan option authorized by the Legislature and
  471  conforming to the requirements and limitations of federal
  472  provisions relating to the Medicare Prescription Drug,
  473  Improvement, and Modernization Act of 2003.
  474         (a)1. A member participating in this health insurance plan
  475  option shall be eligible to receive an employer contribution
  476  into the employee’s health savings account from the State
  477  Employees Health Insurance Trust Fund in an amount to be
  478  determined by the Legislature. A member is not eligible for an
  479  employer contribution upon termination of employment. For the
  480  2011-2012 2010-2011 fiscal year, the state’s monthly
  481  contribution for employees having individual coverage shall be
  482  $41.66 and the monthly contribution for employees having family
  483  coverage shall be $83.33.
  484         2. A member participating in this health insurance plan
  485  option shall be eligible to deposit the member’s own funds into
  486  a health savings account.
  487         (b) The monthly premiums paid by the employer for a member
  488  participating in this health insurance plan option shall include
  489  an amount equal to the monthly employer contribution authorized
  490  by the Legislature for that fiscal year.
  491         (c) The health savings accounts shall be administered in
  492  accordance with the requirements and limitations of federal
  493  provisions relating to the Medicare Prescription Drug,
  494  Improvement, and Modernization Act of 2003.
  495         Section 2. Section 110.12302, Florida Statutes, is
  496  repealed.
  497         Section 3. Section 110.12303, Florida Statutes, is created
  498  to read:
  499         110.12303Health insurance risk pool.—
  500         (1) For the 2012 plan year, the department shall establish
  501  a single health insurance risk pool for the state group
  502  insurance plans. Contribution determinations made pursuant to s.
  503  110.123(5)(a) shall consider relative plan values; however, such
  504  determinations may encourage enrollment in consumer-directed
  505  plans.
  506         (2) For the 2012 plan year and for each plan year
  507  thereafter, the department shall establish a single health
  508  insurance risk pool for each of the following groups
  509  participating in the state group insurance plans:
  510         (a) Active employees;
  511         (b) Retirees not eligible for Medicare; and
  512         (c) Retirees eligible for Medicare.
  513  
  514  Contribution determinations made pursuant to s. 110.123(5)(a)
  515  shall consider relative plan values; however, such
  516  determinations may encourage enrollment in consumer-directed
  517  plans.
  518         Section 4. Subsections (1), (2), and (3) of section
  519  110.12315, Florida Statutes, are amended to read:
  520         110.12315 Prescription drug program.—The state employees’
  521  prescription drug program is established. This program shall be
  522  administered by the Department of Management Services, according
  523  to the terms and conditions of the plan as established by the
  524  relevant provisions of the annual General Appropriations Act and
  525  implementing legislation, subject to the following conditions:
  526         (1) The Department of Management Services shall allow
  527  prescriptions written by health care providers under the plan to
  528  be filled by any licensed pharmacy pursuant to contractual
  529  claims-processing provisions. Nothing in This section does not
  530  prohibit may be construed as prohibiting a mail order
  531  prescription drug program distinct from the service provided by
  532  retail pharmacies.
  533         (2) In providing for reimbursement of pharmacies for
  534  prescription medicines dispensed to members of the state group
  535  health insurance plan and their dependents under the state
  536  employees’ prescription drug program:
  537         (a) Retail pharmacies participating in the program must be
  538  reimbursed at a uniform rate and subject to uniform conditions,
  539  according to applicable network agreements and the terms and
  540  conditions of the plan.
  541         (b) There shall be a 30-day supply limit for prescription
  542  card purchases and 90-day supply limit for mail order or mail
  543  order prescription drug purchases. The Department of Management
  544  Services may implement a 90-day supply limit program at select
  545  retail pharmacies if the department finds that it is in the best
  546  financial interest of the program.
  547         (c) The current pharmacy dispensing fee shall be negotiated
  548  in accordance with best industry practices remains in effect.
  549         (3) The Department of Management Services shall establish
  550  the reimbursement schedule for prescription pharmaceuticals
  551  dispensed under the program. Reimbursement rates for a
  552  prescription pharmaceutical must be based on the cost of the
  553  generic equivalent drug if a generic equivalent exists, unless
  554  the physician prescribing the pharmaceutical clearly states on
  555  the prescription that the brand name drug is medically necessary
  556  or that the drug product is included on the formulary of drug
  557  products that may not be interchanged as provided in chapter
  558  465, in which case reimbursement must be based on the cost of
  559  the brand name drug as specified in the reimbursement schedule
  560  adopted by the Department of Management Services.
  561  Notwithstanding any other provision of this subsection, the
  562  department may require that a generic or formulary brand
  563  prescription be filled before dispensing an alternative within
  564  any therapeutic class.
  565         Section 5. Subsection (1) of section 112.0801, Florida
  566  Statutes, is amended to read:
  567         112.0801 Group insurance; participation by retired
  568  employees.—
  569         (1) Any state agency, county, municipality, special
  570  district, community college, or district school board which
  571  provides life, health, accident, hospitalization, or annuity
  572  insurance, or all of any kinds of such insurance, for its
  573  officers and employees and their dependents upon a group
  574  insurance plan or self-insurance plan shall allow all former
  575  personnel who have retired prior to October 1, 1987, as well as
  576  those who retire on or after such date, and their eligible
  577  dependents, the option of continuing to participate in such
  578  group insurance plan or self-insurance plan. Retirees and their
  579  eligible dependents shall be offered the same health and
  580  hospitalization insurance coverage as is offered to active
  581  employees at a premium cost of no more than the premium cost
  582  applicable to active employees. For the retired employees and
  583  their eligible dependents, the cost of any such continued
  584  participation in any type of plan or any of the cost thereof may
  585  be paid by the employer or by the retired employees. To
  586  determine health and hospitalization plan costs, the employer
  587  shall commingle the claims experience of the retiree group with
  588  the claims experience of the active employees; and, for other
  589  types of coverage, the employer may commingle the claims
  590  experience of the retiree group with the claims experience of
  591  active employees. Retirees covered under Medicare may be
  592  experience-rated separately from the retirees not covered by
  593  Medicare and from active employees, provided that the total
  594  premium does not exceed that of the active group and coverage is
  595  basically the same as for the active group.
  596         Section 6. (1) For the period July 1, 2011, through
  597  December 31, 2012, the Department of Management Services shall
  598  administer the plans and benefits provided under the state group
  599  insurance program consistent with the following parameters:
  600         (a) The state group insurance program shall include a
  601  health insurance standard plan, a state group health insurance
  602  high-deductible plan, a state-contracted health maintenance
  603  organization standard plan, and a state-contracted health
  604  maintenance organization high-deductible plan. Beginning January
  605  1, 2012, the health insurance portion of the state group
  606  insurance program shall be self-insured for active employees and
  607  retirees not eligible for Medicare, and may be self-insured for
  608  retirees eligible for Medicare.
  609         (b) The benefits provided under each of the plans shall be
  610  those benefits as provided in the current State Employees’ PPO
  611  Plan Group Health Insurance Plan Booklet and Benefit Document,
  612  current health maintenance organization contracts, and other
  613  health insurance benefits that are approved by the Legislature.
  614         (c) The high-deductible plans shall continue to include an
  615  integrated health savings account. Such plans and accounts shall
  616  be administered in accordance with the requirements and
  617  limitations of federal provisions relating to the Medicare
  618  Prescription Drug, Improvement, and Modernization Act of 2003.
  619  The state shall make a monthly contribution to an employee’s
  620  health savings account to the extent authorized in s.
  621  110.123(12), Florida Statutes.
  622         (2)For the 2012 plan year and each plan year thereafter,
  623  the Department of Management Services shall develop a program of
  624  health insurance options and enrollee contribution requirements
  625  consistent with s. 110.123(5), Florida Statutes. Options shall
  626  encourage and promote enrollee health plan choices and positive
  627  behavior to promote the health and well-being of health plan
  628  members and to encourage appropriate plan utilization. The
  629  division shall determine the level of premiums necessary to
  630  fully fund the state group health insurance program for the next
  631  fiscal year. The Legislature shall provide in the General
  632  Appropriations Act a premium schedule.
  633         Section 7. The premiums charged under the state group
  634  insurance program for health insurance authorized in s. 110.123,
  635  Florida Statutes, shall be as follows:
  636         (1) STATE CONTRIBUTION.—
  637         (a) Effective July 1, 2011, for the coverage period
  638  beginning August 1, 2011, the state contribution toward the cost
  639  of any plan in the state group health insurance program which is
  640  paid by the executive, legislative, and judicial branches on
  641  behalf of participating employees, shall be, for individual
  642  coverage, the total actuarial cost for the lowest cost plan
  643  offered by the department for individual coverage and shall be,
  644  for family coverage, the total actuarial cost for the lowest
  645  cost plan offered by the department for family coverage, less
  646  the employee contribution in paragraphs (2)(a) and (b).
  647         (b) Effective July 1, 2011, for the coverage period
  648  beginning August 1, 2011, the state contribution toward the cost
  649  of any plan in the state group health insurance program which is
  650  paid by the executive, legislative, and judicial branches on
  651  behalf of each employee enrolled in the spouse program shall be
  652  one-half the total actuarial cost for the lowest cost plan
  653  offered by the department for family coverage, less the employee
  654  contribution in paragraphs (2)(a) and (b).
  655         (2) EMPLOYEE CONTRIBUTION.—
  656         (a) For employees not participating in the spouse program,
  657  effective July 1, 2011, for the coverage period beginning August
  658  1, 2011, the employee contribution toward the cost of a standard
  659  plan in the state group health insurance program shall be $50
  660  per month for individual coverage, and $200 per month for family
  661  coverage, plus the difference between the cost of the lowest
  662  cost plan and the cost of the plan selected.
  663         (b)For employees participating in the spouse program in
  664  accordance with section 60P-2.0036, Florida Administrative Code,
  665  effective July 1, 2011, for the coverage period beginning August
  666  1, 2011, the employee contribution toward the cost of a standard
  667  plan in the state group health insurance program shall be $100
  668  per month for family coverage, plus the difference between the
  669  cost of the lowest cost plan and the cost of the plan selected.
  670         (3) STATE RETIREE ELIGIBLE FOR MEDICARE.—Effective July 1,
  671  2011, for the coverage period beginning August 1, 2011, a
  672  Medicare participant who participates in the state group
  673  insurance program shall pay a monthly premium set in the General
  674  Appropriations Act.
  675         (4)STATE RETIREE NOT ELIGIBLE FOR MEDICARE.—Effective July
  676  1, 2011, for the coverage period beginning August 1, 2011, the
  677  monthly premium for a retiree who is not eligible for Medicare
  678  but who participates in any plan offered through the state group
  679  insurance program shall be set in the General Appropriations
  680  Act.
  681         (5) COBRA PARTICIPANTS.—An individual who is covered under
  682  a continuation plan as a result of the purchase of insurance
  683  coverage as provided under the Consolidation Omnibus Budget
  684  Reconciliation Act of 1987 (COBRA) shall continue to pay a
  685  monthly premium equal to 102 percent of the total premium
  686  charged, including state and employee contributions, for an
  687  active employee who participates in the standard plan.
  688         Section 8. This act shall take effect July 1, 2011.