Senate Bill sb1250c1

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    Florida Senate - 2004                           CS for SB 1250

    By the Committee on Appropriations; and Senator Pruitt





    309-2351-04

  1                      A bill to be entitled

  2         An act relating to employee benefits; amending

  3         s. 110.12315, F.S., relating to the state

  4         employees' prescription drug program; deleting

  5         obsolete provisions; removing an expiration

  6         date applicable to copayment amounts; amending

  7         s. 110.1239, F.S.; removing an expiration date

  8         applicable to provisions governing procedures

  9         for determining the level of premiums necessary

10         to fund the state group health insurance

11         program; amending s. 624.437, F.S.; clarifying

12         that a provision requiring certain insurers to

13         obtain a certificate of authority does not

14         apply to the state group health insurance

15         program; providing for certain personnel moving

16         from county government to a position in the

17         state courts system, an office of the state

18         attorney, or an office of the public defender,

19         and their covered dependents, to qualify for

20         the state group health insurance program;

21         authorizing state attorneys and public

22         defenders to transfer a specified amount of

23         unused annual leave and unused sick leave;

24         providing an effective date.

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

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28         Section 1.  Subsection (7) of section 110.12315,

29  Florida Statutes, is amended to read:

30         110.12315  Prescription drug program.--The state

31  employees' prescription drug program is established.  This

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    Florida Senate - 2004                           CS for SB 1250
    309-2351-04




 1  program shall be administered by the Department of Management

 2  Services, according to the terms and conditions of the plan as

 3  established by the relevant provisions of the annual General

 4  Appropriations Act and implementing legislation, subject to

 5  the following conditions:

 6         (7)  Under the state employees' prescription drug

 7  program copayments must be made as follows:

 8         (a)  Effective January 1, 2001, through December 31,

 9  2003:

10         1.  For generic drug with card......................$7.

11         2.  For preferred brand name drug with card........$20.

12         3.  For nonpreferred brand name drug with card.....$35.

13         4.  For generic mail order drug.................$10.50.

14         5.  For preferred brand name mail order drug.......$30.

15         6.  For nonpreferred brand name drug............$52.50.

16         (a)(b)  Effective January 1, 2004:

17         1.  For generic drug with card.....................$10.

18         2.  For preferred brand name drug with card........$25.

19         3.  For nonpreferred brand name drug with card.....$40.

20         4.  For generic mail order drug....................$20.

21         5.  For preferred brand name mail order drug.......$50.

22         6.  For nonpreferred brand name drug...............$80.

23         (b)(c)  The Department of Management Services shall

24  create a preferred brand name drug list to be used in the

25  administration of the state employees' prescription drug

26  program.

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28  This subsection expires July 1, 2004.

29         Section 2.  Section 110.1239, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2004                           CS for SB 1250
    309-2351-04




 1         110.1239  State group health insurance program

 2  funding.--For the 2003-2004 fiscal year only, It is the intent

 3  of the Legislature that the state group health insurance

 4  program be managed, administered, operated, and funded in such

 5  a manner as to maximize the protection of state employee

 6  health insurance benefits. Inherent in this intent is the

 7  recognition that the health insurance liabilities attributable

 8  to the benefits offered state employees should be fairly,

 9  orderly, and equitably funded. Accordingly:

10         (1)  The division shall determine the level of premiums

11  necessary to fully fund the state group health insurance

12  program for the next fiscal year. Such determination shall be

13  made after each Self-Insurance Estimating Conference as

14  provided in s. 216.136(11), but not later than December 1 and

15  April 1 of each fiscal year.

16         (2)  The Governor, in the Governor's recommended

17  budget, shall provide premium rates necessary for full funding

18  of the state group health insurance program, and the

19  Legislature shall provide in the General Appropriations Act

20  for a premium level necessary for full funding of the state

21  group health insurance program.

22         (3)  For purposes of funding, any additional

23  appropriation amounts allocated to the state group health

24  insurance program by the Legislature shall be considered as a

25  state contribution and thus an increase in the state premiums.

26         (4)  This section expires July 1, 2004.

27         Section 3.  Subsection (3) of section 624.437, Florida

28  Statutes, is amended to read:

29         624.437  "Multiple-employer welfare arrangement"

30  defined; certificate of authority required; penalty.--

31  

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    Florida Senate - 2004                           CS for SB 1250
    309-2351-04




 1         (3)  This section does not apply to a multiple-employer

 2  welfare arrangement which offers or provides benefits which

 3  are fully insured by an authorized insurer, or to an

 4  arrangement which is exempt from state insurance regulation in

 5  accordance with Pub. L. No. 93-406, the Employee Retirement

 6  Income Security Act, or to the state group health insurance

 7  program administered pursuant to s. 110.123.

 8         Section 4.  All personnel moving from county government

 9  to a position in the state courts system, an office of the

10  state attorney, or an office of the public defender, as a part

11  of the implementation of Revision No. 7 to Article 5 of the

12  State Constitution, and their covered dependents, who were

13  continuously enrolled for at least 12 months in a

14  county-sponsored group health insurance program on June 30,

15  2004, shall be deemed to have met the preexisting conditions

16  requirements under the State Group Health Insurance Program.

17         Section 5.  All personnel moving from county government

18  to a position in an office of the state attorney or an office

19  of the public defender as a part of the implementation of

20  Revision No. 7 to Article 5 of the State Constitution shall be

21  allowed to transfer up to 80 hours of unused annual leave and

22  up to 320 hours of unused sick leave.

23         Section 6.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2004                           CS for SB 1250
    309-2351-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1250

 3                                 

 4  The Committee Substitute for SB 1250:

 5  -    eliminates the expiration date on the statutory provision
         setting forth the prescription drug schedule for the
 6       state employee health insurance plan;

 7  -    eliminates the expiration date on the statutory provision
         requiring the Department of Management Services to
 8       determine annually the premium necessary to fully fund
         the state employee health insurance plan;
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    -    clarifies that the state employee health insurance plan
10       is not subject to the regulatory provisions applicable to
         multiple employer welfare arrangements;
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    -    provides that those county employees moving to state
12       employment who have 12 months of continuous coverage in
         the county-sponsored health insurance plan will be deemed
13       to have met the pre-existing condition limitations
         applicable in the state health insurance plan; and
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    -    provides that employees moving from county employment to
15       work in state attorney or public defender offices will be
         permitted to transfer up to 80 hours of annual leave and
16       320 hours of sick leave.

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