HB 813

1
A bill to be entitled
2An act relating to the Fair Share Health Care Fund;
3providing definitions; creating the fund; providing
4purposes and uses of the fund; providing duties of the
5Agency for Health Care Administration and the Chief
6Financial Officer; providing for audit of the fund;
7providing employer reporting guidelines; specifying
8required information; providing reporting guidelines for
9the secretary of the Agency for Health Care
10Administration; specifying required information; providing
11for determining fair share health care payments by
12employers; providing for employer payments into the fund;
13providing criteria; providing civil penalties for late
14reporting or nonpayment; providing for future review and
15termination or re-creation of the fund; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Fair Share Health Care Fund.--
21     (1)  DEFINITIONS.--For purposes of this section:
22     (a)  "Earnings" means compensation paid or payable, in
23money of a sum certain, for personal services or labor whether
24denominated as wages, salary, commission, or bonus.
25     (b)  "Employee" has the same meaning as provided in s.
26440.02, Florida Statutes.
27     (c)  "Employer" has the same meaning as provided in s.
28440.02, Florida Statutes. The term "employer" does not include
29the Federal Government, this state, another state, or a
30political subdivision of this state or another state.
31     (d)  "Fund" means the Fair Share Health Care Fund.
32     (e)  "Health care expenditures" means the amount paid by an
33employer to provide health care benefits or reimburse employees
34for employees' health care costs, including, but not limited to,
35payments for medical care, prescription drugs, vision care, and
36medical savings accounts.
37     (f)  "Secretary" means the secretary of the Agency for
38Health Care Administration.
39     (2)  FAIR SHARE HEALTH CARE FUND.--
40     (a)  The Fair Share Health Care Fund is created in the
41Agency for Health Care Administration.
42     (b)  The purpose of the fund is to help finance coverage
43for uninsured employees. The fund may be used to support the
44operations of the state Medicaid program or to help uninsured
45employees and their dependents obtain health care or coverage
46through another state program.
47     (c)  The fund also may be used to provide subsidies for
48approved health coverage options, to be designated by the Agency
49for Health Care Administration. In designating approved health
50coverage options, the agency shall:
51     1.  Identify specific health coverage plans for employees
52and dependents, including, but not limited to, those employees
53whose employers have paid into the fund. These options may
54include Medicaid, the State Children's Health Insurance Program,
55and private insurance.
56     2.  Ensure that the coverage is affordable, accessible, and
57meaningful and equivalent to the Federal Employees Health
58Benefit Plan's standard Blue Cross/Blue Shield option.
59     (d)  The fund consists of:
60     1.  Any revenue received from payments made by employers
61under this section.
62     2.  Any other money from any other source accepted for the
63benefit of the fund.
64     (e)  The Chief Financial Officer shall hold the fund
65separately and shall account for the fund. The Chief Financial
66Officer shall invest the money of the fund in the same manner as
67other state money may be invested and any investment earnings of
68the fund shall be retained to the credit of the fund.
69     (f)  The fund shall be subject to an audit by the
70Department of Revenue.
71     (3)  APPLICABILITY.--This section applies to an employer
72with 10,000 or more employees in this state.
73     (4)  EMPLOYER REPORTING GUIDELINES.--
74     (a)  On January 1, 2007, and annually thereafter, an
75employer shall submit on a form and in a manner approved by the
76secretary:
77     1.  The employer's definition of full-time employee and
78part-time employee.
79     2.  The number of full-time and part-time employees of the
80employer in this state as of January 1 of the previous year.
81     3.  The number of full-time and part-time employees
82eligible to receive health care expenditures and the number of
83full-time and part-time employees receiving health care
84expenditures from the employer.
85     4.  The amount spent by the employer in the previous
86calendar year on health care costs for employees in the state.
87     5.  The percentage of payroll that was spent by the
88employer in the previous calendar year on health care costs for
89employees in the state.
90     (b)  The information required shall:
91     1.  Be designated in a report signed by the principal
92executive officer or an individual performing a similar
93function.
94     2.  Include an affidavit under penalty of perjury that the
95information required under paragraph (a) was reviewed by the
96signing officer, was based on the officer's knowledge, and does
97not contain any untrue statement of a material fact or omit a
98material fact necessary to make the statement.
99     (c)  When calculating the percentage of payroll under
100subparagraph (a)2. or the amount spent on health care under
101subparagraph (a)3., an employer may exempt earnings paid to an
102employee who is enrolled in or eligible for Medicare.
103     (5)  REPORTING GUIDELINES FOR THE SECRETARY; DETERMINATION
104OF FAIR SHARE HEALTH CARE PAYMENTS.--On or before March 15 of
105each year, the secretary shall report to the Governor and the
106Legislature on:
107     (a)  The name of each nonprofit and for-profit employer
108with 10,000 or more employees in the state.
109     (b)  The employer's definition of full-time employee and
110part-time employee.
111     (c)  The number of full-time and part-time employees.
112     (d)  The number of full-time and part-time employees
113eligible to receive health care expenditures.
114     (e)  The number of full-time and part-time employees
115receiving health care benefits or expenditures from the
116employer.
117     (f)  The source of health care benefits for those eligible
118full-time and part-time employees not receiving health care
119expenditures through an employer subject to reporting under this
120section.
121     (g)  The percent of total earnings each nonprofit and for-
122profit employer with 10,000 or more employees in the state
123spends on health care costs.
124     (h)  The average percentage of total earnings for-profit
125employers with 10,000 or more employees in the state spend on
126health care costs.
127     (i)  The average percentage of total earnings nonprofit
128employers with 10,000 or more employees in the state spend on
129health care costs.
130     (6)  PAYMENT TO THE FUND.--
131     (a)  An employer that is organized as a nonprofit
132organization and does not spend at least 7 percent of total
133earnings of employees on health care costs shall pay to the
134secretary an amount equal to the difference between what the
135employer spends for health care costs and an amount equal to 7
136percent.
137     (b)  An employer that is not organized as a nonprofit
138organization and does not spend at least 9 percent of total
139earnings of employees on health care costs shall pay to the
140secretary an amount equal to the difference between what the
141employer spends for health care costs and an amount equal to 9
142percent.
143     (c)  An employer may not deduct any payment made under
144paragraph (a) or paragraph (b) from the earnings of an employee.
145     (d)  An employer shall make the payment required under this
146section to the secretary on a periodic basis as determined by
147the secretary.
148     (e)  The secretary shall deposit all payments received from
149employers under this section into the fund.
150     (f)  Notwithstanding any other provision of law, any
151balance in the fund at the end of any fiscal year shall remain
152in the fund at the end of the year and shall be available for
153carrying out the purposes of the fund.
154     (7)  PENALTIES FOR LATE REPORTING OR NONPAYMENT.--
155     (a)  Failure to report in accordance with subsection (4)
156shall result in the imposition by the secretary of a civil
157penalty of $1,000 for each day that the report is not timely
158filed. The penalties shall be deposited into the fund.
159     (b)  Failure to make the payment required under subsection
160(6) shall result in the imposition by the secretary of a civil
161penalty of $500,000. The penalties shall be deposited into the
162fund.
163     (8)  REVIEW AND REPEAL.--In accordance with s. 19(f)(2),
164Art. III of the State Constitution, the fund shall, unless
165terminated sooner, be terminated on January 1, 2011. Before its
166scheduled termination, the fund shall be reviewed as provided in
167s. 215.3206(1) and (2), Florida Statutes.
168     Section 2.  This act shall take effect January 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.