Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7096
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02528B-11                                         20117096__
    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; establishing the state’s monthly
   12         contribution into each eligible employee’s state
   13         employee health savings account; 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. For plan years beginning January 1,
  484  2012, and thereafter, the state’s monthly contribution into each
  485  eligible employee’s health savings account shall be $83.33.
  486         2. A member participating in this health insurance plan
  487  option shall be eligible to deposit the member’s own funds into
  488  a health savings account.
  489         (b) The monthly premiums paid by the employer for a member
  490  participating in this health insurance plan option shall include
  491  an amount equal to the monthly employer contribution authorized
  492  by the Legislature for that fiscal year.
  493         (c) The health savings accounts shall be administered in
  494  accordance with the requirements and limitations of federal
  495  provisions relating to the Medicare Prescription Drug,
  496  Improvement, and Modernization Act of 2003.
  497         Section 2. Section 110.12302, Florida Statutes, is
  498  repealed.
  499         Section 3. Section 110.12303, Florida Statutes, is created
  500  to read:
  501         110.12303Health insurance risk pool.—
  502         (1)(a) For the 2012 plan year, the department shall
  503  establish a single health insurance risk pool for the state
  504  group insurance plans. Contribution determinations made pursuant
  505  to s. 110.123(5)(a) shall consider relative plan values;
  506  however, such determinations may encourage enrollment in
  507  consumer-directed plans.
  508         (b) For the 2012 plan year, the department shall charge
  509  retirees who are not eligible for Medicare an actuarially
  510  indicated rate, but such rate may not exceed 120 percent of the
  511  total premium charged for active employees for the coverage
  512  selected.
  513         (c) For the 2012 plan year, the department shall charge
  514  retirees who are eligible for Medicare an actuarially indicated
  515  rate for the coverage selected.
  516         (2) For the 2013 plan year and for each plan year
  517  thereafter, the department shall establish a single health
  518  insurance risk pool for each of the following groups
  519  participating in the state group insurance plans:
  520         (a) Active employees;
  521         (b) Retirees not eligible for Medicare; and
  522         (c) Retirees eligible for Medicare.
  523  
  524  Contribution determinations made pursuant to s. 110.123(5)(a)
  525  shall consider relative plan values; however, such
  526  determinations may encourage enrollment in consumer-directed
  527  plans.
  528         Section 4. Subsections (1), (2), and (3) of section
  529  110.12315, Florida Statutes, are amended to read:
  530         110.12315 Prescription drug program.—The state employees’
  531  prescription drug program is established. This program shall be
  532  administered by the Department of Management Services, according
  533  to the terms and conditions of the plan as established by the
  534  relevant provisions of the annual General Appropriations Act and
  535  implementing legislation, subject to the following conditions:
  536         (1) The Department of Management Services shall allow
  537  prescriptions written by health care providers under the plan to
  538  be filled by any licensed pharmacy pursuant to contractual
  539  claims-processing provisions. Nothing in This section does not
  540  prohibit may be construed as prohibiting a mail order
  541  prescription drug program distinct from the service provided by
  542  retail pharmacies.
  543         (2) In providing for reimbursement of pharmacies for
  544  prescription medicines dispensed to members of the state group
  545  health insurance plan and their dependents under the state
  546  employees’ prescription drug program:
  547         (a) Retail pharmacies participating in the program must be
  548  reimbursed at a uniform rate and subject to uniform conditions,
  549  according to applicable network agreements and the terms and
  550  conditions of the plan.
  551         (b) There shall be a 30-day supply limit for prescription
  552  card purchases and 90-day supply limit for mail order or mail
  553  order prescription drug purchases. The Department of Management
  554  Services may implement a 90-day supply limit program at select
  555  retail pharmacies if the department finds that it is in the best
  556  financial interest of the program.
  557         (c) The current pharmacy dispensing fee shall be negotiated
  558  in accordance with best industry practices remains in effect.
  559         (3) The Department of Management Services shall establish
  560  the reimbursement schedule for prescription pharmaceuticals
  561  dispensed under the program. Reimbursement rates for a
  562  prescription pharmaceutical must be based on the cost of the
  563  generic equivalent drug if a generic equivalent exists, unless
  564  the physician prescribing the pharmaceutical clearly states on
  565  the prescription that the brand name drug is medically necessary
  566  or that the drug product is included on the formulary of drug
  567  products that may not be interchanged as provided in chapter
  568  465, in which case reimbursement must be based on the cost of
  569  the brand name drug as specified in the reimbursement schedule
  570  adopted by the Department of Management Services.
  571  Notwithstanding the any other provision of this subsection, the
  572  department may require that a generic or formulary brand
  573  prescription be filled before dispensing an alternative within
  574  any therapeutic class.
  575         Section 5. Subsection (1) of section 112.0801, Florida
  576  Statutes, is amended to read:
  577         112.0801 Group insurance; participation by retired
  578  employees.—
  579         (1) Any state agency, county, municipality, special
  580  district, community college, or district school board which
  581  provides life, health, accident, hospitalization, or annuity
  582  insurance, or all of any kinds of such insurance, for its
  583  officers and employees and their dependents upon a group
  584  insurance plan or self-insurance plan shall allow all former
  585  personnel who have retired prior to October 1, 1987, as well as
  586  those who retire on or after such date, and their eligible
  587  dependents, the option of continuing to participate in such
  588  group insurance plan or self-insurance plan. Retirees and their
  589  eligible dependents shall be offered the same health and
  590  hospitalization insurance coverage as is offered to active
  591  employees at a premium cost of no more than the premium cost
  592  applicable to active employees. For the retired employees and
  593  their eligible dependents, the cost of any such continued
  594  participation in any type of plan or any of the cost thereof may
  595  be paid by the employer or by the retired employees. To
  596  determine health and hospitalization plan costs, the employer
  597  shall commingle the claims experience of the retiree group with
  598  the claims experience of the active employees; and, for other
  599  types of coverage, the employer may commingle the claims
  600  experience of the retiree group with the claims experience of
  601  active employees. Retirees covered under Medicare may be
  602  experience-rated separately from the retirees not covered by
  603  Medicare and from active employees, provided that the total
  604  premium does not exceed that of the active group and coverage is
  605  basically the same as for the active group.
  606         Section 6. (1) For the period July 1, 2011, through
  607  December 31, 2012, the Department of Management Services shall
  608  administer the plans and benefits provided under the state group
  609  insurance program consistent with the following parameters:
  610         (a) The state group insurance program shall include a
  611  health insurance standard plan, a state group health insurance
  612  high-deductible plan, a state-contracted health maintenance
  613  organization standard plan, and a state-contracted health
  614  maintenance organization high-deductible plan. Beginning January
  615  1, 2012, the health insurance portion of the state group
  616  insurance program shall be self-insured for active employees and
  617  retirees not eligible for Medicare, and may be self-insured for
  618  retirees eligible for Medicare.
  619         (b) The benefits provided under each of the plans shall be
  620  those benefits as provided in the current State Employees’ PPO
  621  Plan Group Health Insurance Plan Booklet and Benefit Document,
  622  current health maintenance organization contracts, and other
  623  health insurance benefits that are approved by the Legislature.
  624         (c) The high-deductible plans shall continue to include an
  625  integrated health savings account. Such plans and accounts shall
  626  be administered in accordance with the requirements and
  627  limitations of federal provisions relating to the Medicare
  628  Prescription Drug, Improvement, and Modernization Act of 2003.
  629  The state shall make a monthly contribution to an employee’s
  630  health savings account to the extent authorized in s.
  631  110.123(12), Florida Statutes.
  632         (2)For the 2012 plan year and each plan year thereafter,
  633  the Department of Management Services shall develop a program of
  634  health insurance options and enrollee contribution requirements
  635  consistent with s. 110.123(5), Florida Statutes. Options shall
  636  encourage and promote enrollee health plan choices and positive
  637  behavior to promote the health and well-being of health plan
  638  members and to encourage appropriate plan utilization. The
  639  division shall determine the level of premiums necessary to
  640  fully fund the state group health insurance program for the next
  641  fiscal year. The Legislature shall provide in the General
  642  Appropriations Act a premium schedule for individual and family
  643  coverage, with the state’s share of the annual premium not to
  644  exceed $6,000 for each employee participating in the state group
  645  health insurance program. Remaining premium requirements shall
  646  be the responsibility of the enrollee, based upon plan
  647  selection.
  648         Section 7. The premiums charged under the state group
  649  insurance program for health insurance authorized in s. 110.123,
  650  Florida Statutes, shall be as follows:
  651         (1) STATE CONTRIBUTION.—
  652         (a) Effective July 1, 2011, through November 30, 2011, for
  653  the coverage period beginning August 1, 2011, through December
  654  31, 2011, the state contribution toward the cost of any plan in
  655  the state group health insurance program which is paid by the
  656  executive, legislative, and judicial branches on behalf of
  657  participating employees, except for those enrolled in the spouse
  658  program, shall be $499.80 per month for individual coverage and
  659  $1,013.34 per month for family coverage.
  660         (b) Effective July 1, 2011, through November 30, 2011, for
  661  the coverage period beginning August 1, 2011, through December
  662  31, 2011, the state contribution toward the cost of any plan in
  663  the state group health insurance program which is paid by the
  664  executive, legislative, and judicial branches on behalf of each
  665  employee enrolled in the spouse program shall be $506.67 per
  666  month for family coverage.
  667         (c) Effective December 1, 2011, for the coverage period
  668  beginning January 1, 2012, through December 31, 2012, the
  669  state’s contribution toward the cost of any plan in the state
  670  group health insurance program which is paid by the executive,
  671  legislative, and judicial branches shall be $500.00 per month
  672  for each participating employee.
  673         (2) EMPLOYEE CONTRIBUTION.—
  674         (a) For employees not participating in the spouse program:
  675         1.Effective July 1, 2011, through November 30, 2011, for
  676  the coverage period beginning August 1, 2011, through December
  677  31, 2011, the employee contribution toward the cost of a
  678  standard plan in the state group health insurance program shall
  679  be $50 per month for individual coverage and $230 per month for
  680  family coverage.
  681         2.Effective July 1, 2011, through November 30, 2011, for
  682  the coverage period beginning August 1, 2011, through December
  683  31, 2011, the employee contribution toward the cost of a high
  684  deductible plan in the state group health insurance program
  685  shall continue at $15 per month for individual coverage and
  686  $64.30 per month for family coverage.
  687         (b)For employees participating in the spouse program in
  688  accordance with section 60P-2.0036, Florida Administrative Code:
  689         1.Effective July 1, 2011, through November 30, 2011, for
  690  the coverage period beginning August 1, 2011, through December
  691  31, 2011, the employee contribution toward the cost of a
  692  standard plan in the state group health insurance program shall
  693  be $115 per month for family coverage.
  694         2.Effective July 1, 2011, through November 30, 2011, for
  695  the coverage period beginning August 1, 2011, through December
  696  31, 2011, the employee contribution toward the cost of a high
  697  deductible health plan in the state group health insurance
  698  program shall be $32.15 per month for family coverage.
  699         (c) Effective December 1, 2011, for the coverage period
  700  beginning January 1, 2012, through December 31, 2012, the
  701  employee contribution is the difference between the total
  702  premium for the selected coverage, as determined by the
  703  Department of Management Services, and the amount contributed by
  704  the state for such coverage.
  705         (3) STATE RETIREE ELIGIBLE FOR MEDICARE.—
  706         (a)1.Effective July 1, 2011, through November 30, 2011,
  707  for the coverage period beginning August 1, 2011, through
  708  December 31, 2011, a Medicare participant who participates in a
  709  standard plan offered through the state group insurance program
  710  shall continue to pay a monthly premium of $305.82 for Medicare
  711  I, available to a single subscriber who is eligible for Medicare
  712  Parts A and B due to attaining age 65 or due to disability;
  713  $881.80 for Medicare II, available to a subscriber who has two
  714  or more dependents if the subscriber or one the dependents is
  715  eligible for Medicare Parts A and B due to attaining age 65 or
  716  due to disability; and $611.64 for Medicare III, available to a
  717  subscriber who has only one dependent if both the subscriber and
  718  the dependent are eligible for Medicare Parts A and B due to
  719  attaining age 65 or due to disability.
  720         2.Effective July 1, 2011, through November 30, 2011, for
  721  the coverage period beginning August 1, 2011, through December
  722  31, 2012, a Medicare participant who participates in a high
  723  deductible plan offered through the state group insurance
  724  program shall continue to pay a monthly premium of $230.52 for
  725  Medicare I, available to a single subscriber who is eligible for
  726  Medicare Parts A and B due to attaining age 65 or due to
  727  disability; $722.16 for Medicare II, available to a subscriber
  728  who has two or more dependents if the subscriber or one the
  729  dependents is eligible for Medicare Parts A and B due to
  730  attaining age 65 or due to disability; and $461.04 for Medicare
  731  III, available to a subscriber who has only one dependent if
  732  both the subscriber and the dependent are eligible for Medicare
  733  Parts A and B due to attaining age 65 or due to disability.
  734         (b) Effective December 1, 2011, for the coverage period
  735  beginning January 1, 2012, a Medicare participant who
  736  participates in a standard plan offered through the state group
  737  insurance program shall pay a monthly premium established by the
  738  Department of Management Services at the actuarially indicated
  739  rate for each coverage option.
  740         (4)STATE RETIREE NOT ELIGIBLE FOR MEDICARE.—
  741         (a)1.Effective July 1, 2011, through November 30, 2011,
  742  for the coverage period beginning August 1, 2011, through
  743  December 31, 2011, a state retiree who is not eligible for
  744  Medicare but who participates in a standard plan offered through
  745  the state group insurance program shall pay a monthly premium
  746  equal to 100 percent of the total premium, including the state
  747  and employee contributions, for an active employee who
  748  participates in the standard plan.
  749         2.Effective July 1, 2011, through November 30, 2011, for
  750  the coverage period beginning August 1, 2011, through December
  751  31, 2011, a state retiree who is not eligible for Medicare but
  752  who participates in a high-deductible plan offered through the
  753  state group insurance program shall pay a monthly premium equal
  754  to $473.12 for single coverage and $1,044.32 for family
  755  coverage.
  756         (b)Effective December 1, 2011, for the coverage period
  757  beginning January 1, 2012, through December 31, 2012, the
  758  monthly premium for a retiree who is not eligible for Medicare
  759  but who participates in a standard plan offered through the
  760  state group insurance program shall be established by the
  761  Department of Management Services at the actuarially indicated
  762  rate for each coverage option. However, the monthly premium may
  763  not exceed 120 percent of the total premium charged of an active
  764  employee who participates in the same plan.
  765         (c)Effective December 1, 2012, for the coverage period
  766  beginning January 1, 2013, the monthly premium for a retiree who
  767  is not eligible for Medicare but who participates in a standard
  768  or high-deductible plan offered through the state group
  769  insurance program shall be established by the Department of
  770  Management Services at the actuarially indicated rate for each
  771  coverage option.
  772         (5) COBRA PARTICIPANTS.—An individual who is covered under
  773  a continuation plan as a result of the purchase of insurance
  774  coverage as provided under the Consolidation Omnibus Budget
  775  Reconciliation Act of 1987 (COBRA) shall continue to pay a
  776  monthly premium equal to 102 percent of the total premium
  777  charged, including state and employee contributions, for an
  778  active employee who participates in the standard plan.
  779         Section 8. This act shall take effect July 1, 2011.