Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07238 Comm Sub / Bill

Filed 04/02/2019

                     
 
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General Assembly  Raised Bill No. 7238  
January Session, 2019  
LCO No. 4900 
 
 
Referred to Committee on LABOR AND PUBLIC 
EMPLOYEES  
 
 
Introduced by:  
(LAB)  
 
 
 
AN ACT CONCERNING AD MINISTRATIVE CHANGES TO THE 
MUNICIPAL EMPLOYEES HEALTH INSURANCE PRO GRAM.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (i) of section 5-259 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective 2 
October 1, 2019): 3 
(i) The Comptroller may provide for coverage of employees of 4 
municipalities, nonprofit corporations, community action agencies and 5 
small employers and individuals eligible for a health coverage tax 6 
credit, retired members or members of an association for personal care 7 
assistants under the plan or plans procured under subsection (a) of this 8 
section, provided: (1) Participation by each municipality, nonprofit 9 
corporation, community action agency, small employer, eligible 10 
individual, retired member or association for personal care assistants 11 
shall be on a voluntary basis; (2) where an employee organization 12 
represents employees of a municipality, nonprofit corporation, 13 
community action agency or small employer, participation in a plan or 14 
plans to be procured under subsection (a) of this section shall be by 15  Raised Bill No. 7238 
 
 
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mutual agreement of the municipality, nonprofit corporation, 16 
community action agency or small employer and the employee 17 
organization only and neither party may submit the issue of 18 
participation to binding arbitration except by mutual agreement if 19 
such binding arbitration is available; (3) no group of employees shall 20 
be refused entry into the plan by reason of past or future health care 21 
costs or claim experience; (4) rates paid by the state for its employees 22 
under subsection (a) of this section are not adversely affected by this 23 
subsection; (5) administrative costs to the plan or plans provided 24 
under this subsection shall [not be paid by the state] be paid by the 25 
participating entities; (6) participation in the plan or plans in an 26 
amount determined by the state shall be for the duration of the period 27 
of the plan or plans, or for such other period as mutually agreed by the 28 
municipality, nonprofit corporation, community action agency, small 29 
employer, retired member or association for personal care assistants 30 
and the Comptroller; (7) the General Assembly may allocate funds to 31 
offset any financial cost or risk associated with administering the plan 32 
or plans; (8) the Comptroller shall administer the plan or plans within 33 
available appropriations; (9) the Comptroller shall establish 34 
procedures to determine (A) eligibility requirements, (B) enrollment 35 
procedures, for the plan or plans, (C) the duration of requirements 36 
regarding payment, and (D) procedures regarding withdrawal from 37 
and termination of the plan or plans; and [(7)] (10) nothing in this 38 
section or section 12-202a, 38a-551 or 38a-556 shall be construed as 39 
requiring a participating insurer or health care center to issue 40 
individual policies to individuals eligible for a health coverage tax 41 
credit. The coverage provided under this section may be referred to as 42 
the "Municipal Employee Health Insurance Plan". The Comptroller 43 
may arrange and procure for the employees and eligible individuals 44 
under this subsection health benefit plans that vary from the plan or 45 
plans procured under subsection (a) of this section. Notwithstanding 46 
any provision of part V of chapter 700c, the coverage provided under 47 
this subsection may be offered on either a fully underwritten or risk-48 
pooled basis at the discretion of the Comptroller. For the purposes of 49 
this subsection, (A) "municipality" means any town, city, borough, 50  Raised Bill No. 7238 
 
 
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school district, taxing district, fire district, district department of 51 
health, probate district, housing authority, regional work force 52 
development board established under section 31 -3k, regional 53 
emergency telecommunications center, tourism district established 54 
under section 32-302, flood commission or authority established by 55 
special act, regional council of governments, transit district formed 56 
under chapter 103a, or the Children's Center established by number 57 
571 of the public acts of 1969; (B) "nonprofit corporation" means (i) a 58 
nonprofit corporation organized under 26 USC 501 that has a contract 59 
with the state or receives a portion of its funding from a municipality, 60 
the state or the federal government, or (ii) an organization that is tax 61 
exempt pursuant to 26 USC 501(c)(5); (C) "community action agency" 62 
means a community action agency, as defined in section 17b-885; (D) 63 
"small employer" means a small employer, as defined in section 38a-64 
564; (E) "eligible individuals" or "individuals eligible for a health 65 
coverage tax credit" means individuals who are eligible for the credit 66 
for health insurance costs under Section 35 of the Internal Revenue 67 
Code of 1986, or any subsequent corresponding internal revenue code 68 
of the United States, as from time to time amended, in accordance with 69 
the Pension Benefit Guaranty Corporation; (F) "association for personal 70 
care assistants" means an organization composed of personal care 71 
attendants who are employed by recipients of service (i) under the 72 
home-care program for the elderly under section 17b-342, (ii) under the 73 
personal care assistance program under section 17b-605a, (iii) in an 74 
independent living center pursuant to sections 17b-613 to 17b-615, 75 
inclusive, or (iv) under the program for individuals with acquired 76 
brain injury as described in section 17b-260a; and (G) "retired 77 
members" means individuals eligible for a retirement benefit from the 78 
Connecticut municipal employees' retirement system. 79 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2019 5-259(i) 
  Raised Bill No. 7238 
 
 
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LAB Joint Favorable