Florida Senate - 2013 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 1802
Barcode 321700
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/03/2013 12:16 PM .
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The Conference Committee on SB 1802 recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Effective December 1, 2013, present paragraphs
7 (i) through (n) of subsection (2) of section 110.123, Florida
8 Statutes, are redesignated as paragraphs (j) through (o),
9 respectively, paragraphs (c) and (f) of that subsection are
10 amended and a new paragraph (i) is added to that subsection,
11 paragraph (g) of subsection (3), paragraph (d) of subsection
12 (4), and paragraph (a) of subsection (12) of that section are
13 amended, and subsection (13) is added to that section, to read:
14 110.123 State group insurance program.—
15 (2) DEFINITIONS.—As used in this section, the term:
16 (c) “Full-time state employees” means includes all full
17 time employees of all branches or agencies of state government
18 holding salaried positions who are and paid by state warrant or
19 from agency funds and who work or are expected to work an
20 average of at least 30 or more hours per week;, and employees
21 paid from regular salary appropriations for 8 months’
22 employment, including university personnel on academic
23 contracts; and employees, but in no case shall “state employee”
24 or “salaried position” include persons paid from other-personal
25 services (OPS) funds as described in subparagraphs 1. and 2. The
26 term “Full-time employees” includes all full-time employees of
27 the state universities. The term does not include seasonal
28 workers who are paid from OPS funds.
29 1. For persons hired before April 1, 2013, the term
30 includes any person paid from OPS funds who:
31 a. Has worked an average of at least 30 hours or more per
32 week during the initial measurement period from April 1, 2013,
33 through September 30, 2013; or
34 b. Has worked an average of at least 30 hours or more per
35 week during a subsequent measurement period.
36 2. For persons hired after April 1, 2013, the term includes
37 any person paid from OPS funds who:
38 a. Is reasonably expected to work an average of at least 30
39 hours or more per week; or
40 b. Has worked an average of at least 30 hours or more per
41 week during the person’s measurement period.
42 (f) “Part-time state employee” means an any employee of any
43 branch or agency of state government paid by state warrant from
44 salary appropriations or from agency funds, and who is employed
45 for less than an average of 30 hours per week the normal full
46 time workweek established by the department or, if on academic
47 contract or seasonal or other type of employment which is less
48 than year-round, is employed for less than 8 months during any
49 12-month period, but does not in no case shall “part-time”
50 employee include a person paid from other-personal-services
51 (OPS) funds. The term “Part-time state employee” includes all
52 any part-time employees employee of the state universities.
53 (i) “Seasonal workers” has the same meaning as provided
54 under 29 C.F.R. 500.20(s)(1).
55 (3) STATE GROUP INSURANCE PROGRAM.—
56 (g) Participation by individuals in the program is
57 available to all state officers, full-time state employees, and
58 part-time state employees; and such participation in the program
59 or any plan is voluntary. Participation in the program is also
60 available to retired state officers and employees, as defined in
61 paragraph (2)(g), who elect at the time of retirement to
62 continue coverage under the program, but they may elect to
63 continue all or only part of the coverage they had at the time
64 of retirement. A surviving spouse may elect to continue coverage
65 only under a state group health insurance plan, a TRICARE
66 supplemental insurance plan, or a health maintenance
67 organization plan.
68 1. Full-time state employees described in subsection
69 (2)(c)1. are eligible for health insurance coverage in calendar
70 year 2014 as long as they remain employed by an employer
71 participating in the state group insurance program during the
72 year. This subparagraph expires December 31, 2014.
73 2. Employees paid from other-personal-services (OPS) funds
74 are not eligible for coverage before January 1, 2014.
75 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
76 ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
77 (d) The state contribution for health insurance coverage
78 for a part-time permanent state employee who elects to
79 participate in the program shall be prorated so that the amount
80 of the cost contributed for the part-time permanent employee
81 bears the same that relation to the amount of cost contributed
82 for a similar full-time employee that the part-time employee’s
83 normal workday bears to a full-time employee’s normal workday.
84 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
85 to establish health savings accounts for full-time and part-time
86 state employees in association with a health insurance plan
87 option authorized by the Legislature and conforming to the
88 requirements and limitations of federal provisions relating to
89 the Medicare Prescription Drug, Improvement, and Modernization
90 Act of 2003.
91 (a)1. A member participating in this health insurance plan
92 option is eligible to:
93 1. Receive an employer contribution into the employee’s
94 health savings account from the State Employees Health Insurance
95 Trust Fund in an amount to be determined by the Legislature. A
96 member is not eligible for an employer contribution upon
97 termination of employment. For the 2013-2014 2012-2013 fiscal
98 year, the state’s monthly contribution for employees having
99 individual coverage shall be $41.66 and the monthly contribution
100 for employees having family coverage shall be $83.33. For the
101 2014-2015 fiscal year and thereafter, the state’s contribution
102 from the trust fund into the member’s health savings account
103 shall be set in the annual General Appropriations Act.
104 2. A member participating in this health insurance plan
105 option is eligible to Deposit the member’s own funds into a
106 health savings account.
107 (13) OTHER-PERSONAL-SERVICES EMPLOYEES (OPS).—
108 (a) Each agency or other entity that participates in the
109 state group insurance program shall provide information to the
110 department on each of its employees regardless of whether the
111 employee participates in the program. Such information must
112 include the name of the employee, the number of hours worked by
113 the employee, and any other information the department considers
114 necessary for determining the eligibility of the employee to
115 participate in the program. Such information shall be submitted
116 as prescribed by the department.
117 (b) Each agency or other entity that participates in the
118 state group insurance program shall identify any of its
119 employees paid from OPS funds or similar funds who are employed
120 by another agency or entity participating in the state group
121 insurance program.
122 (c) The initial measurement period used to determine
123 whether an employee hired before April 1, 2013, and paid from
124 OPS funds is a full-time employee described in subparagraph
125 (2)(c)1. is the 6-month period from April 1, 2013, through
126 September 30, 2013.
127 (d) All other measurement periods used to determine whether
128 an employee paid from OPS funds is a full-time employee
129 described in paragraph (2)(c) must be for 12 consecutive months.
130 Section 2. Subsection (5) is added to section 110.131,
131 Florida Statutes, to read:
132 110.131 Other-personal-services employment.—
133 (5) Beginning January 1, 2014, an other-personal-services
134 (OPS) employee who has worked an average of at least 30 or more
135 hours per week during the measurement period described in s.
136 110.123(13)(c) or (d), or who is reasonably expected to work an
137 average of at least 30 or more hours per week following his or
138 her employment, is eligible to participate in the state group
139 insurance program as provided under s. 110.123.
140 Section 3. The Department of Management Services may adopt
141 emergency rules to modify the eligibility requirements of
142 persons paid from other-personal-services (OPS) funds, which are
143 limited to compliance with the coverage requirements of the
144 Patient Protection and Affordable Care Act, Pub. L. No. 111-148,
145 as amended by the Health Care and Education Reconciliation Act
146 of 2010, Pub. L. No. 111-152, and any regulations adopted
147 pursuant to those acts which are in effect on July 1, 2013.
148 Emergency rules adopted under this provision shall be limited to
149 mitigating the state’s exposure to potential liability under the
150 penalty provisions of those acts for failing to comply with such
151 coverage requirements. Any emergency rules adopted pursuant to
152 this section must expire by June 30, 2014.
153 Section 4. Except as otherwise expressly provided in this
154 act, this act shall take effect July 1, 2013.
155
156 ================= T I T L E A M E N D M E N T ================
157 And the title is amended as follows:
158 Delete everything before the enacting clause
159 and insert:
160 A bill to be entitled
161 An act relating to state employee health insurance;
162 amending s. 110.123, F.S.; modifying the terms “full
163 time state employee” and “part-time state employee”
164 for the purposes of expressly excluding persons paid
165 from other-personal-services funds who work less than
166 a certain number of hours per week from the state
167 group insurance program; defining the term “seasonal
168 worker”; revising provisions relating to employer
169 contributions to employee health savings accounts;
170 requiring each agency or entity that participates in
171 the program to provide information about its employees
172 in order to determine eligibility for the insurance
173 program; amending s. 110.131, F.S.; providing that an
174 OPS employee meeting certain criteria is eligible to
175 participate in the state group health insurance
176 program; authorizing the Department of Management
177 Services to adopt emergency rules in order to modify
178 the eligibility of certain persons and comply with
179 federal requirements; providing effective dates.