Senate Bill 2342

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    Florida Senate - 1998                                  SB 2342

    By Senator Bankhead





    8-748B-98

  1                      A bill to be entitled

  2         An act relating to long-term care; amending s.

  3         110.161, F.S.; authorizing the Division of

  4         State Group Insurance to establish a pretax

  5         benefit program for long-term-care expenses;

  6         creating s. 430.801, F.S.; creating the Florida

  7         Employee Long-Term-Care Plan Act; directing the

  8         Department of Elderly Affairs to develop,

  9         implement, and administer the long-term care

10         plan for public employees; providing for a

11         Florida Employee Long-Term-Care Plan Advisory

12         Council and a Florida Employee Long-Term-Care

13         Board of Trustees; providing an effective date.

14

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

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17         Section 1.  Subsection (6) of section 110.161, Florida

18  Statutes, is amended to read:

19         110.161  State employees; pretax benefits program.--

20         (6)  The Division of State Group Insurance is

21  authorized to establish a pretax benefits program for all

22  employees whereby employees would receive benefits which are

23  not includable in gross income under the Internal Revenue Code

24  of 1986.  The pretax benefits program shall be implemented in

25  phases. Phase one shall allow employee contributions to

26  premiums for the state health program and state life insurance

27  to be paid on a pretax basis unless an employee elects not to

28  participate.  Phase two shall allow employees to voluntarily

29  establish expense reimbursement plans from their salaries on a

30  pretax basis to pay for qualified medical care,

31  long-term-care, and dependent care expenses, including

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    Florida Senate - 1998                                  SB 2342
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  1  premiums paid by employees for qualified supplemental

  2  insurance. Phase two may also provide for the payment of such

  3  premiums through a pretax payroll procedure as used in phase

  4  one.  The Administration Commission and the Division of State

  5  Group Insurance are directed to take all actions necessary to

  6  preserve the tax-exempt status of the program.

  7         Section 2.  Section 430.801, Florida Statutes, is

  8  created to read:

  9         430.801  Florida Employee Long-Term-Care Plan Act.--

10         (1)  The Legislature finds that state expenditures for

11  long-term-care services continue to increase at a rapid rate

12  and that the state faces increasing pressure in its efforts to

13  meet the long-term-care needs of the public. It is the intent

14  of the Legislature that:

15         (a)  The Department of Elderly Affairs implement a

16  self-funded voluntary long-term-care plan for public employees

17  and their families.

18         (b)  The department shall design the plan to provide

19  long-term-care coverage for public employees and family

20  members of public employees. Eligible plan participants must

21  include active and retired officers and employees of all

22  branches and agencies of state and local government and their

23  spouses, children, parents, and parents-in-law; active and

24  retired federal employees residing in the state and their

25  spouses, children, parents, and parents-in-law residing in the

26  state; and the surviving spouses, children, parents, and

27  parents-in-law of such deceased officers and employees,

28  whether active or retired at the time of death. The department

29  may include additional participants only when doing so

30  preserves the actuarial soundness of the plan.

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    Florida Senate - 1998                                  SB 2342
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  1         (c)  The Florida Employee Long-Term-Care Plan is not

  2  subject to chapter 624, chapter 625, chapter 626, or chapter

  3  627 or the rules of the Department of Insurance.

  4         (2)  As used in this section, the term:

  5         (a)  "Department" means the Department of Elderly

  6  Affairs.

  7         (b)  "Self-funded" means that plan benefits and costs

  8  are funded from contributions made by or on behalf of

  9  participants and trust fund investment revenue.

10         (c)  "Plan" means the Florida Employee Long-Term-Care

11  Plan.

12         (3)  The department shall, after consultation with

13  public employees and representatives from unions and

14  associations representing state, university, local government,

15  and other public employees, establish and supervise the

16  implementation and administration of a self-funded,

17  long-term-care plan entitled "Florida Employee Long-Term-Care

18  Plan."

19         (a)  The department shall, after consultation with the

20  Division of State Group Insurance, the Department of

21  Management Services, and the Department of Insurance, contract

22  for actuarial, professional-administrator, and other services

23  for the Florida Employee Long-Term-Care Plan.

24         (b)  When contracting for a professional administrator,

25  the department shall consider, at a minimum, the entity's

26  previous experience and expertise in administering self-funded

27  group long-term-care insurance programs; the entity's

28  demonstrated ability to perform its contractual obligations in

29  the state and in other jurisdictions; the entity's projected

30  administrative costs; the entity's capability to adequately

31  provide service coverage, including a sufficient number of

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    Florida Senate - 1998                                  SB 2342
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  1  experienced and qualified personnel in the areas of marketing,

  2  claims processing, recordskeeping, and underwriting; the

  3  entity's accessibility to public employees and other qualified

  4  participants; and the entity's financial soundness and

  5  solvency.

  6         (c)  Any contract with a professional administrator

  7  entered into by the department must require that the state be

  8  held harmless and indemnified for any financial loss caused by

  9  the failure of the professional administrator to comply with

10  the terms of the contract.

11         (d)  The department shall explore innovations in

12  long-term-care financing and service delivery with regard to

13  possible future inclusion in the plan. Such innovative

14  financing and service-delivery mechanisms may include managed

15  long-term care and plans that set aside assets with regard to

16  eligibility for Medicaid-funded long-term-care services in the

17  same proportion that private long-term care insurance benefits

18  are used to pay for long-term care.

19         (4)  The department shall appoint a Florida Employee

20  Long-Term-Care Plan Advisory Council to assist in designing

21  and marketing the plan. The advisory council shall be composed

22  of representatives of public employers and representatives of

23  other eligible participants, not to exceed 12 members. Council

24  members may not be reimbursed for travel and other expenses

25  related to their duties from department funds, but they may be

26  reimbursed from funds of the plan.

27         (5)  The department may contract with the State Board

28  of Administration for the investment of funds in the Florida

29  Employee Long-Term-Care Plan reserve fund. Plan contributions

30  collected and not required to pay the costs of the plan are

31  held on behalf of and for the benefit of the enrollees, and

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    Florida Senate - 1998                                  SB 2342
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  1  are not state funds. The moneys shall be held by the State

  2  Board of Administration on behalf of enrollees and invested in

  3  accordance with a trust agreement approved by the department

  4  and the State Board of Administration and in accordance with

  5  the provisions of ss. 215.44-215.53. Moneys in the trust fund

  6  may be used only for the purposes specified in the trust

  7  agreement.

  8         (6)(a)  The department shall establish the Florida

  9  Employee Long-Term-Care Plan Trust.

10         (b)  A Florida Employee Long-Term-Care Plan Board of

11  Trustees is created composed of seven members. One trustee

12  each shall be appointed by the Governor; the Speaker of the

13  House of Representatives; the President of the Senate; the

14  Treasurer; the Attorney General; the Secretary of Elderly

15  Affairs; and the Florida Employee Long-Term-Care Plan Advisory

16  Council.

17         (7)  Trustees shall be appointed as follows:

18         (a)  The trustee appointed by the secretary must be a

19  plan participant.

20         (b)  The Florida Employee Long-Term-Care Plan Advisory

21  Council shall appoint one of its members as a trustee.

22         (c)  The Treasurer shall appoint an actuary as trustee.

23         (d)  The Attorney General shall appoint an attorney as

24  trustee.

25         (e)  The Governor, the Speaker of the House of

26  Representatives, and the President of the Senate shall choose

27  their appointees from a broad cross-section of Florida's

28  residents.

29         (8)  The trust's board of trustees' duties,

30  responsibilities, and powers shall be as specified in the

31  Florida Employee Long-Term-Care Plan Trust; however, at a

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    Florida Senate - 1998                                  SB 2342
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  1  minimum, the trustees shall submit an annual report prepared

  2  with the assistance of an actuarial consultant, to the

  3  Governor, the Speaker of the House of Representatives, the

  4  President of the Senate, and the Secretary of Elderly Affairs.

  5         (9)  Each Trustee shall be appointed for a 2-year term

  6  and may be reappointed for one additional 2-year term.

  7         (10)  Members of the board of trustees may not receive

  8  a salary, but may be reimbursed for travel, per diem, and

  9  administrative expenses related to their duties. Trustee

10  expenses and costs for the annual report and other

11  administrative expenses must be borne by the plan. State funds

12  may not be contributed toward costs associated with board

13  members or their activities conducted on behalf of and for the

14  benefit of trust beneficiaries.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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18            *****************************************

19                          SENATE SUMMARY

20    Directs the Department of Elderly Affairs to develop,
      implement, and administer the "Florida Employee
21    Long-Term-Care Plan", a self-funded voluntary
      long-term-care plan for all public employees. Provides
22    for the plan to be a pretax benefit program.

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