Senate Bill sb0822

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    Florida Senate - 2005                                   SB 822

    By Senator Crist





    12-493-05

  1                      A bill to be entitled

  2         An act relating to the state group insurance

  3         program; amending s. 110.123, F.S.; revising

  4         the terms "state group insurance program" and

  5         "surviving spouse"; including the TRICARE

  6         supplemental insurance plan within the state

  7         group insurance program; requiring the

  8         Department of Management Services to purchase

  9         health care for employees under the TRICARE

10         supplemental insurance plan; authorizing a

11         surviving spouse to elect to continue coverage

12         under the TRICARE supplemental insurance plan;

13         providing that an enrollee in the TRICARE

14         supplemental insurance plan may change to any

15         other state health plan during open enrollment;

16         providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsections (2) and (3) of section 110.123,

21  Florida Statutes, are amended to read:

22         110.123  State group insurance program.--

23         (2)  DEFINITIONS.--As used in this section, the term:

24         (a)  "Department" means the Department of Management

25  Services.

26         (b)  "Enrollee" means all state officers and employees,

27  retired state officers and employees, surviving spouses of

28  deceased state officers and employees, and terminated

29  employees or individuals with continuation coverage who are

30  enrolled in an insurance plan offered by the state group

31  insurance program. "Enrollee" includes all state university

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 1  officers and employees, retired state university officers and

 2  employees, surviving spouses of deceased state university

 3  officers and employees, and terminated state university

 4  employees or individuals with continuation coverage who are

 5  enrolled in an insurance plan offered by the state group

 6  insurance program.

 7         (c)  "Full-time state employees" includes all full-time

 8  employees of all branches or agencies of state government

 9  holding salaried positions and paid by state warrant or from

10  agency funds, and employees paid from regular salary

11  appropriations for 8 months' employment, including university

12  personnel on academic contracts, but in no case shall "state

13  employee" or "salaried position" include persons paid from

14  other-personal-services (OPS) funds. "Full-time employees"

15  includes all full-time employees of the state universities.

16         (d)  "Health maintenance organization" or "HMO" means

17  an entity certified under part I of chapter 641.

18         (e)  "Health plan member" means any person

19  participating in a state group health insurance plan, a

20  TRICARE supplemental insurance plan, or in a health

21  maintenance organization plan under the state group insurance

22  program, including enrollees and covered dependents thereof.

23         (f)  "Part-time state employee" means any employee of

24  any branch or agency of state government paid by state warrant

25  from salary appropriations or from agency funds, and who is

26  employed for less than the normal full-time workweek

27  established by the department or, if on academic contract or

28  seasonal or other type of employment which is less than

29  year-round, is employed for less than 8 months during any

30  12-month period, but in no case shall "part-time" employee

31  include a person paid from other-personal-services (OPS)

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 1  funds. "Part-time state employee" includes any part-time

 2  employee of the state universities.

 3         (g)  "Retired state officer or employee" or "retiree"

 4  means any state or state university officer or employee who

 5  retires under a state retirement system or a state optional

 6  annuity or retirement program or is placed on disability

 7  retirement, and who was insured under the state group

 8  insurance program at the time of retirement, and who begins

 9  receiving retirement benefits immediately after retirement

10  from state or state university office or employment. In

11  addition to these requirements, any state officer or state

12  employee who retires under the Public Employee Optional

13  Retirement Program established under part II of chapter 121

14  shall be considered a "retired state officer or employee" or

15  "retiree" as used in this section if he or she:

16         1.  Meets the age and service requirements to qualify

17  for normal retirement as set forth in s. 121.021(29); or

18         2.  Has attained the age specified by s. 72(t)(2)(A)(i)

19  of the Internal Revenue Code and has 6 years of creditable

20  service.

21         (h)  "State agency" or "agency" means any branch,

22  department, or agency of state government. "State agency" or

23  "agency" includes any state university for purposes of this

24  section only.

25         (i)  "State group health insurance plan or plans" or

26  "state plan or plans" mean the state self-insured health

27  insurance plan or plans offered to state officers and

28  employees, retired state officers and employees, and surviving

29  spouses of deceased state officers and employees pursuant to

30  this section.

31  

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 1         (j)  "State-contracted HMO" means any health

 2  maintenance organization under contract with the department to

 3  participate in the state group insurance program.

 4         (k)  "State group insurance program" or "programs"

 5  means the package of insurance plans offered to state officers

 6  and employees, retired state officers and employees, and

 7  surviving spouses of deceased state officers and employees

 8  pursuant to this section, including the state group health

 9  insurance plan or plans, health maintenance organization

10  plans, TRICARE supplemental insurance plans, and other plans

11  required or authorized by law.

12         (l)  "State officer" means any constitutional state

13  officer, any elected state officer paid by state warrant, or

14  any appointed state officer who is commissioned by the

15  Governor and who is paid by state warrant.

16         (m)  "Surviving spouse" means the widow or widower of a

17  deceased state officer, full-time state employee, part-time

18  state employee, or retiree if such widow or widower was

19  covered as a dependent under the state group health insurance

20  plan, a TRICARE supplemental insurance plan, or a health

21  maintenance organization plan established pursuant to this

22  section at the time of the death of the deceased officer,

23  employee, or retiree. "Surviving spouse" also means any widow

24  or widower who is receiving or eligible to receive a monthly

25  state warrant from a state retirement system as the

26  beneficiary of a state officer, full-time state employee, or

27  retiree who died prior to July 1, 1979.  For the purposes of

28  this section, any such widow or widower shall cease to be a

29  surviving spouse upon his or her remarriage.

30         (3)  STATE GROUP INSURANCE PROGRAM.--

31  

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 1         (a)  The Division of State Group Insurance is created

 2  within the Department of Management Services.

 3         (b)  It is the intent of the Legislature to offer a

 4  comprehensive package of health insurance and retirement

 5  benefits and a personnel system for state employees which are

 6  provided in a cost-efficient and prudent manner, and to allow

 7  state employees the option to choose benefit plans which best

 8  suit their individual needs. Therefore, the state group

 9  insurance program is established which may include the state

10  group health insurance plan or plans, health maintenance

11  organization plans, group life insurance plans, TRICARE

12  supplemental insurance plans, group accidental death and

13  dismemberment plans, and group disability insurance plans.

14  Furthermore, the department is additionally authorized to

15  establish and provide as part of the state group insurance

16  program any other group insurance plans or coverage choices

17  that are consistent with the provisions of this section.

18         (c)  Notwithstanding any provision in this section to

19  the contrary, it is the intent of the Legislature that the

20  department shall be responsible for all aspects of the

21  purchase of health care for state employees under the state

22  group health insurance plan or plans, TRICARE supplemental

23  insurance plans, and the health maintenance organization

24  plans. Responsibilities shall include, but not be limited to,

25  the development of requests for proposals or invitations to

26  negotiate for state employee health services, the

27  determination of health care benefits to be provided, and the

28  negotiation of contracts for health care and health care

29  administrative services.  Prior to the negotiation of

30  contracts for health care services, the Legislature intends

31  that the department shall develop, with respect to state

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 1  collective bargaining issues, the health benefits and terms to

 2  be included in the state group health insurance program. The

 3  department shall adopt rules necessary to perform its

 4  responsibilities pursuant to this section.  It is the intent

 5  of the Legislature that the department shall be responsible

 6  for the contract management and day-to-day management of the

 7  state employee health insurance program, including, but not

 8  limited to, employee enrollment, premium collection, payment

 9  to health care providers, and other administrative functions

10  related to the program.

11         (d)1.  Notwithstanding the provisions of chapter 287

12  and the authority of the department, for the purpose of

13  protecting the health of, and providing medical services to,

14  state employees participating in the state group insurance

15  program, the department may contract to retain the services of

16  professional administrators for the state group insurance

17  program.  The agency shall follow good purchasing practices of

18  state procurement to the extent practicable under the

19  circumstances.

20         2.  Each vendor in a major procurement, and any other

21  vendor if the department deems it necessary to protect the

22  state's financial interests, shall, at the time of executing

23  any contract with the department, post an appropriate bond

24  with the department in an amount determined by the department

25  to be adequate to protect the state's interests but not higher

26  than the full amount estimated to be paid annually to the

27  vendor under the contract.

28         3.  Each major contract entered into by the department

29  pursuant to this section shall contain a provision for payment

30  of liquidated damages to the department for material

31  noncompliance by a vendor with a contract provision. The

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 1  department may require a liquidated damages provision in any

 2  contract if the department deems it necessary to protect the

 3  state's financial interests.

 4         4.  The provisions of s. 120.57(3) apply to the

 5  department's contracting process, except:

 6         a.  A formal written protest of any decision, intended

 7  decision, or other action subject to protest shall be filed

 8  within 72 hours after receipt of notice of the decision,

 9  intended decision, or other action.

10         b.  As an alternative to any provision of s. 120.57(3),

11  the department may proceed with the bid selection or contract

12  award process if the director of the department sets forth, in

13  writing, particular facts and circumstances which demonstrate

14  the necessity of continuing the procurement process or the

15  contract award process in order to avoid a substantial

16  disruption to the provision of any scheduled insurance

17  services.

18         (e)  The Department of Management Services and the

19  Division of State Group Insurance may shall not prohibit or

20  limit any properly licensed insurer, health maintenance

21  organization, prepaid limited health services organization, or

22  insurance agent from competing for any insurance product or

23  plan purchased, provided, or endorsed by the department or the

24  division on the basis of the compensation arrangement used by

25  the insurer or organization for its agents.

26         (f)  Except as provided for in subparagraph (h)2., the

27  state contribution toward the cost of any plan in the state

28  group insurance program shall be uniform with respect to all

29  state employees in a state collective bargaining unit

30  participating in the same coverage tier in the same plan.

31  Nothing contained within This section does not prohibit

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 1  prohibits the development of separate benefit plans for

 2  officers and employees exempt from the career service or the

 3  development of separate benefit plans for each collective

 4  bargaining unit.

 5         (g)  Participation by individuals in the program is

 6  shall be available to all state officers, full-time state

 7  employees, and part-time state employees; and such

 8  participation in the program or any plan is thereof shall be

 9  voluntary. Participation in the program is shall also be

10  available to retired state officers and employees, as defined

11  in paragraph (2)(g), who elect at the time of retirement to

12  continue coverage under the program, but they may elect to

13  continue all or only part of the coverage they had at the time

14  of retirement. A surviving spouse may elect to continue

15  coverage only under a state group health insurance plan, a

16  TRICARE supplemental insurance plan, or a health maintenance

17  organization plan.

18         (h)1.  A person eligible to participate in the state

19  group insurance program may be authorized by rules adopted by

20  the department, in lieu of participating in the state group

21  health insurance plan, to exercise an option to elect

22  membership in a health maintenance organization plan which is

23  under contract with the state in accordance with criteria

24  established by this section and by said rules.  The offer of

25  optional membership in a health maintenance organization plan

26  permitted by this paragraph may be limited or conditioned by

27  rule as may be necessary to meet the requirements of state and

28  federal laws.

29         2.  The department shall contract with health

30  maintenance organizations seeking to participate in the state

31  group insurance program through a request for proposal or

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 1  other procurement process, as developed by the Department of

 2  Management Services and determined to be appropriate.

 3         a.  The department shall establish a schedule of

 4  minimum benefits for health maintenance organization coverage,

 5  and that schedule shall include: physician services; inpatient

 6  and outpatient hospital services; emergency medical services,

 7  including out-of-area emergency coverage; diagnostic

 8  laboratory and diagnostic and therapeutic radiologic services;

 9  mental health, alcohol, and chemical dependency treatment

10  services meeting the minimum requirements of state and federal

11  law; skilled nursing facilities and services; prescription

12  drugs; age-based and gender-based wellness benefits; and other

13  benefits as may be required by the department. Additional

14  services may be provided subject to the contract between the

15  department and the HMO.

16         b.  The department may establish uniform deductibles,

17  copayments, coverage tiers, or coinsurance schedules for all

18  participating HMO plans.

19         c.  The department may require detailed information

20  from each health maintenance organization participating in the

21  procurement process, including information pertaining to

22  organizational status, experience in providing prepaid health

23  benefits, accessibility of services, financial stability of

24  the plan, quality of management services, accreditation

25  status, quality of medical services, network access and

26  adequacy, performance measurement, ability to meet the

27  department's reporting requirements, and the actuarial basis

28  of the proposed rates and other data determined by the

29  director to be necessary for the evaluation and selection of

30  health maintenance organization plans and negotiation of

31  appropriate rates for these plans.  Upon receipt of proposals

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 1  by health maintenance organization plans and the evaluation of

 2  those proposals, the department may enter into negotiations

 3  with all of the plans or a subset of the plans, as the

 4  department determines appropriate. Nothing shall preclude the

 5  department from negotiating regional or statewide contracts

 6  with health maintenance organization plans when this is

 7  cost-effective and when the department determines that the

 8  plan offers high value to enrollees.

 9         d.  The department may limit the number of HMOs that it

10  contracts with in each service area based on the nature of the

11  bids the department receives, the number of state employees in

12  the service area, or any unique geographical characteristics

13  of the service area. The department shall establish by rule

14  service areas throughout the state.

15         e.  All persons participating in the state group

16  insurance program may be required to contribute towards a

17  total state group health premium that may vary depending upon

18  the plan and coverage tier selected by the enrollee and the

19  level of state contribution authorized by the Legislature.

20         3.  The department is authorized to negotiate and to

21  contract with specialty psychiatric hospitals for mental

22  health benefits, on a regional basis, for alcohol, drug abuse,

23  and mental and nervous disorders. The department may

24  establish, subject to the approval of the Legislature pursuant

25  to subsection (5), any such regional plan upon completion of

26  an actuarial study to determine any impact on plan benefits

27  and premiums.

28         4.  In addition to contracting pursuant to subparagraph

29  2., the department may enter into contract with any HMO to

30  participate in the state group insurance program which:

31  

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 1         a.  Serves greater than 5,000 recipients on a prepaid

 2  basis under the Medicaid program;

 3         b.  Does not currently meet the 25-percent

 4  non-Medicare/non-Medicaid enrollment composition requirement

 5  established by the Department of Health excluding participants

 6  enrolled in the state group insurance program;

 7         c.  Meets the minimum benefit package and copayments

 8  and deductibles contained in sub-subparagraphs 2.a. and b.;

 9         d.  Is willing to participate in the state group

10  insurance program at a cost of premiums that is not greater

11  than 95 percent of the cost of HMO premiums accepted by the

12  department in each service area; and

13         e.  Meets the minimum surplus requirements of s.

14  641.225.

15  

16  The department is authorized to contract with HMOs that meet

17  the requirements of sub-subparagraphs a.-d. prior to the open

18  enrollment period for state employees.  The department is not

19  required to renew the contract with the HMOs as set forth in

20  this paragraph more than twice. Thereafter, the HMOs shall be

21  eligible to participate in the state group insurance program

22  only through the request for proposal or invitation to

23  negotiate process described in subparagraph 2.

24         5.  All enrollees in a state group health insurance

25  plan, a TRICARE supplemental insurance plan, or any health

26  maintenance organization plan shall have the option of

27  changing to any other health plan that which is offered by the

28  state within any open enrollment period designated by the

29  department. Open enrollment shall be held at least once each

30  calendar year.

31  

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 1         6.  When a contract between a treating provider and the

 2  state-contracted health maintenance organization is terminated

 3  for any reason other than for cause, each party shall allow

 4  any enrollee for whom treatment was active to continue

 5  coverage and care when medically necessary, through completion

 6  of treatment of a condition for which the enrollee was

 7  receiving care at the time of the termination, until the

 8  enrollee selects another treating provider, or until the next

 9  open enrollment period offered, whichever is longer, but no

10  longer than 6 months after termination of the contract. Each

11  party to the terminated contract shall allow an enrollee who

12  has initiated a course of prenatal care, regardless of the

13  trimester in which care was initiated, to continue care and

14  coverage until completion of postpartum care. This does not

15  prevent a provider from refusing to continue to provide care

16  to an enrollee who is abusive, noncompliant, or in arrears in

17  payments for services provided. For care continued under this

18  subparagraph, the program and the provider shall continue to

19  be bound by the terms of the terminated contract. Changes made

20  within 30 days before termination of a contract are effective

21  only if agreed to by both parties.

22         7.  Any HMO participating in the state group insurance

23  program shall submit health care utilization and cost data to

24  the department, in such form and in such manner as the

25  department shall require, as a condition of participating in

26  the program.  The department shall enter into negotiations

27  with its contracting HMOs to determine the nature and scope of

28  the data submission and the final requirements, format,

29  penalties associated with noncompliance, and timetables for

30  submission.  These determinations shall be adopted by rule.

31  

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 1         8.  The department may establish and direct, with

 2  respect to collective bargaining issues, a comprehensive

 3  package of insurance benefits that may include supplemental

 4  health and life coverage, dental care, long-term care, vision

 5  care, and other benefits it determines necessary to enable

 6  state employees to select from among benefit options that best

 7  suit their individual and family needs.

 8         a.  Based upon a desired benefit package, the

 9  department shall issue a request for proposal or invitation to

10  negotiate for health insurance providers interested in

11  participating in the state group insurance program, and the

12  department shall issue a request for proposal or invitation to

13  negotiate for insurance providers interested in participating

14  in the non-health-related components of the state group

15  insurance program. Upon receipt of all proposals, the

16  department may enter into contract negotiations with insurance

17  providers submitting bids or negotiate a specially designed

18  benefit package. Insurance providers offering or providing

19  supplemental coverage as of May 30, 1991, which qualify for

20  pretax benefit treatment pursuant to s. 125 of the Internal

21  Revenue Code of 1986, with 5,500 or more state employees

22  currently enrolled may be included by the department in the

23  supplemental insurance benefit plan established by the

24  department without participating in a request for proposal,

25  submitting bids, negotiating contracts, or negotiating a

26  specially designed benefit package. These contracts shall

27  provide state employees with the most cost-effective and

28  comprehensive coverage available; however, no state or agency

29  funds shall be contributed toward the cost of any part of the

30  premium of such supplemental benefit plans. With respect to

31  dental coverage, the division shall include in any

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 1  solicitation or contract for any state group dental program

 2  made after July 1, 2001, a comprehensive indemnity dental plan

 3  option which offers enrollees a completely unrestricted choice

 4  of dentists. If a dental plan is endorsed, or in some manner

 5  recognized as the preferred product, such plan shall include a

 6  comprehensive indemnity dental plan option which provides

 7  enrollees with a completely unrestricted choice of dentists.

 8         b.  Pursuant to the applicable provisions of s.

 9  110.161, and s. 125 of the Internal Revenue Code of 1986, the

10  department shall enroll in the pretax benefit program those

11  state employees who voluntarily elect coverage in any of the

12  supplemental insurance benefit plans as provided by

13  sub-subparagraph a.

14         c.  Nothing herein contained shall be construed to

15  prohibit insurance providers from continuing to provide or

16  offer supplemental benefit coverage to state employees as

17  provided under existing agency plans.

18         (i)  The benefits of the insurance authorized by this

19  section shall not be in lieu of any benefits payable under

20  chapter 440, the Workers' Compensation Law. The insurance

21  authorized by this law shall not be deemed to constitute

22  insurance to secure workers' compensation benefits as required

23  by chapter 440.

24         Section 2.  This act shall take effect upon becoming a

25  law.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Includes the TRICARE supplemental insurance plan within
      the state group insurance program. Provides for the
 4    Department of Management Services to purchase health care
      for members of that plan. Provides that a surviving
 5    spouse may elect to continue coverage under the TRICARE
      supplemental insurance plan. Provides that an enrollee in
 6    the TRICARE supplemental insurance plan may change to any
      other state health plan during open enrollment.
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