Florida Senate - 2013                                    SB 1802
       
       
       
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       585-02857-13                                          20131802__
    1                        A bill to be entitled                      
    2         An act relating to state employee health insurance;
    3         amending s. 110.123, F.S.; modifying the terms “full
    4         time state employee” and “part-time state employee”
    5         for the purposes of expressly excluding persons paid
    6         from other-personal-services funds who work less than
    7         a certain number of hours per week from the state
    8         group insurance program; revising provisions relating
    9         to employer contributions to employee health savings
   10         accounts; requiring each agency or entity that
   11         participates in the program to provide information
   12         about its employees which is necessary to determine
   13         eligibility for the program; reenacting s.
   14         110.12315(2)(b) and (7)(a), F.S., relating to the
   15         state employee’s prescription drug program; repealing
   16         s. 53 of chapter 2012-119, Laws of Florida, relating
   17         to the reversion of certain state employee’s
   18         prescription drug provisions to those in previous
   19         existence; amending s. 110.131, F.S.; providing that
   20         OPS employees working 30 hours or more per week may be
   21         eligible for the state group health insurance program;
   22         providing effective dates.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Effective January 1, 2014, paragraphs (c) and
   27  (f) of subsection (2), paragraph (g) of subsection (3),
   28  paragraph (d) of subsection (4), and paragraph (a) of subsection
   29  (12) of section 110.123, Florida Statutes, are amended, and
   30  subsection (13) is added to that section, to read:
   31         110.123 State group insurance program.—
   32         (2) DEFINITIONS.—As used in this section, the term:
   33         (c) “Full-time state employees” means includes all full
   34  time employees of all branches or agencies of state government
   35  holding salaried positions, who are and paid by state warrant or
   36  from agency funds, and who work or are expected to work an
   37  average of at least 30 hours per week; and employees paid from
   38  regular salary appropriations for 8 months’ employment,
   39  including university personnel on academic contracts; and, but
   40  in no case shall “state employee” or “salaried position” include
   41  persons paid from other-personal-services (OPS) funds as
   42  described in subparagraphs 1. and 2. “Full-time state employees”
   43  includes all full-time employees of the state universities.
   44         1. For persons employed before January 1, 2014, the term
   45  includes persons paid from other-personal-services (OPS) funds
   46  who worked at least an average of 30 hours per week from April
   47  1, 2013, through September 30, 2013.
   48         2.For persons employed on or after January 1, 2014, the
   49  term includes persons paid from other-personal-services (OPS)
   50  funds who:
   51         a. Have worked an average of at least 30 hours per week
   52  during a specified 12 calendar-month period; or
   53         b. Are reasonably expected to work an average of at least
   54  30 hours per week during the initial 12 calendar months
   55  following the commencement of their employment.
   56         (f) “Part-time state employee” means an any employee of any
   57  branch or agency of state government paid by state warrant from
   58  salary appropriations or from agency funds, and who is employed
   59  for less than an average of 30 hours per week the normal full
   60  time workweek established by the department or, if on academic
   61  contract or seasonal or other type of employment which is less
   62  than year-round, is employed for less than 8 months during any
   63  12-month period, but does not in no case shall “part-time”
   64  employee include a person paid from other-personal-services
   65  (OPS) funds. “Part-time state employee” includes any part-time
   66  employee of the state universities.
   67         (3) STATE GROUP INSURANCE PROGRAM.—
   68         (g) Participation by individuals in the program is
   69  available to all state officers, full-time state employees, and
   70  part-time state employees; and such participation in the program
   71  or any plan is voluntary. Participation in the program is also
   72  available to retired state officers and employees, as defined in
   73  paragraph (2)(g), who elect at the time of retirement to
   74  continue coverage under the program, but they may elect to
   75  continue all or only part of the coverage they had at the time
   76  of retirement. A surviving spouse may elect to continue coverage
   77  only under a state group health insurance plan, a TRICARE
   78  supplemental insurance plan, or a health maintenance
   79  organization plan.
   80         1. Full-time state employees described in subsection
   81  (2)(c)1. are eligible for health insurance coverage in calendar
   82  year 2014 as long as they remain employed by an employer
   83  participating in the state group insurance program during the
   84  year. This subparagraph expires December 31, 2014.
   85         2. Employees paid from other-personal-services (OPS) funds
   86  are not eligible for coverage before January 1, 2014.
   87         (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
   88  ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
   89         (d) The state contribution for health insurance coverage
   90  for a part-time permanent state employee who elects to
   91  participate in the program shall be prorated so that the amount
   92  of the cost contributed for the part-time permanent employee
   93  bears the same that relation to the amount of cost contributed
   94  for a similar full-time employee that the part-time employee’s
   95  normal workday bears to a full-time employee’s normal workday.
   96         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
   97  to establish health savings accounts for full-time and part-time
   98  state employees in association with a health insurance plan
   99  option authorized by the Legislature and conforming to the
  100  requirements and limitations of federal provisions relating to
  101  the Medicare Prescription Drug, Improvement, and Modernization
  102  Act of 2003.
  103         (a)1. A member participating in this health insurance plan
  104  option is eligible to:
  105         1. Receive an employer contribution into the employee’s
  106  health savings account from the State Employees Health Insurance
  107  Trust Fund in an amount to be determined by the Legislature. A
  108  member is not eligible for an employer contribution upon
  109  termination of employment. For the 2013-2014 2012-2013 fiscal
  110  year, the state’s monthly contribution for employees having
  111  individual coverage shall be $41.66 and the monthly contribution
  112  for employees having family coverage shall be $83.33. For the
  113  2014-2015 fiscal year and thereafter, the state’s contribution
  114  from the trust fund into the member’s health savings account
  115  shall be set in the annual General Appropriations Act.
  116         2. A member participating in this health insurance plan
  117  option is eligible to Deposit the member’s own funds into a
  118  health savings account.
  119         (13)OTHER-PERSONAL-SERVICES EMPLOYEES (OPS).—
  120         (a) Each agency or other entity that participates in the
  121  state group insurance program shall provide information to the
  122  department on each of its employees regardless of whether the
  123  employee participates in the program. Such information must
  124  include the name of the employee, number of hours worked by the
  125  employee, and any other information determined by the department
  126  to be necessary to determine the eligibility of the employee to
  127  participate in the program. Such information shall be submitted
  128  as prescribed by the department.
  129         (b) Each agency or other entity that participates in the
  130  state group insurance program shall identify any of its
  131  employees paid from OPS funds or similar funds who are employed
  132  by another agency or entity participating in the state group
  133  insurance program.
  134         Section 2. Paragraph (b) of subsection (2) and paragraph
  135  (a) of subsection (7) of section 110.12315, Florida Statutes, as
  136  amended by section 52 of chapter 2012-119, Laws of Florida, are
  137  reenacted to read:
  138         110.12315 Prescription drug program.—The state employees’
  139  prescription drug program is established. This program shall be
  140  administered by the Department of Management Services, according
  141  to the terms and conditions of the plan as established by the
  142  relevant provisions of the annual General Appropriations Act and
  143  implementing legislation, subject to the following conditions:
  144         (2) In providing for reimbursement of pharmacies for
  145  prescription medicines dispensed to members of the state group
  146  health insurance plan and their dependents under the state
  147  employees’ prescription drug program:
  148         (b) There shall be a 30-day supply limit for prescription
  149  card purchases and 90-day supply limit for mail order or mail
  150  order prescription drug purchases. The Department of Management
  151  Services may implement a 90-day supply limit program for certain
  152  maintenance drugs as determined by the department at retail
  153  pharmacies participating in the program if the department
  154  determines it to be in the best financial interest of the state.
  155         (7) Under the state employees’ prescription drug program
  156  copayments must be made as follows:
  157         (a) Effective January 1, 2012, for the State Group Health
  158  Insurance Standard Plan:
  159         1. For generic drug with card.........................$7.
  160         2. For preferred brand name drug with card...........$30.
  161         3. For nonpreferred brand name drug with card........$50.
  162         4. For generic mail order drug.......................$14.
  163         5. For preferred brand name mail order drug..........$60.
  164         6. For nonpreferred brand name mail order drug......$100.
  165         Section 3. Section 53 of chapter 2012-119, Laws of Florida,
  166  is repealed.
  167         Section 4. Subsection (5) is added to section 110.131,
  168  Florida Statutes, to read:
  169         110.131 Other-personal-services employment.—
  170         (5) Beginning January 1, 2014, an other-personal-services
  171  (OPS) employee who has worked an average of 30 or more hours per
  172  week during the past 12 calendar months or who is reasonably
  173  expected to work an average of 30 or more hours per week during
  174  the 12 calendar months following his or her employment is
  175  eligible to participate in the state group insurance program as
  176  provided under s. 110.123.
  177         Section 5. Except as otherwise expressly provided in this
  178  act, this act shall take effect July 1, 2013.