Connecticut 2019 Regular Session

Connecticut House Bill HB07267 Compare Versions

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77 General Assembly Substitute Bill No. 7267
88 January Session, 2019
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1010
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1212 AN ACT CONCERNING PU BLIC OPTIONS FOR HEALTH CARE IN
1313 CONNECTICUT.
1414 Be it enacted by the Senate and House of Representatives in General
1515 Assembly convened:
1616
1717 Section 1. (NEW) (Effective July 1, 2019) For the purposes of this 1
1818 section and sections 2 to 5, inclusive, of this act: 2
1919 (1) "Account" means the ConnectHealth Trust Account established 3
2020 under section 4 of this act; 4
2121 (2) "Advisory council" means the ConnectHealth Advisory Council 5
2222 established under section 3 of this act; 6
2323 (3) "Affordable Care Act" means the Patient Protection and 7
2424 Affordable Care Act, P.L. 111-148, as amended by the Health Care and 8
2525 Education Reconciliation Act, P.L. 111-152, as both may be amended 9
2626 from time to time, and regulations adopted thereunder; 10
2727 (4) "ConnectHealth Plan" means the health benefit plan designed 11
2828 and made available to individuals in this state as part of the program; 12
2929 (5) "Essential health benefits" means benefits that are essential 13
3030 health benefits within the meaning of (A) the Affordable Care Act, or 14
3131 (B) sections 38a-492q and 38a-518q of the general statutes; 15
3232 (6) "Exchange" means the Connecticut Health Insurance Exchange 16
3333 established under section 38a-1081 of the general statutes; 17 Substitute Bill No. 7267
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4040 (7) "Health benefit plan" has the same meaning as provided in 18
4141 section 38a-1080 of the general statutes; 19
4242 (8) "Internal Revenue Code" means the Internal Revenue Code of 20
4343 1986, or any subsequent corresponding internal revenue code of the 21
4444 United States, as amended from time to time; 22
4545 (9) "Program" means the ConnectHealth Program established by the 23
4646 Comptroller pursuant to section 2 of this act; 24
4747 (10) "Qualified health plan" has the same meaning as provided in 25
4848 section 38a-1080 of the general statutes; and 26
4949 (11) "Third-party administrator" has the same meaning as provided 27
5050 in section 38a-720 of the general statutes. 28
5151 Sec. 2. (NEW) (Effective July 1, 2019) (a) The Comptroller shall, 29
5252 within available appropriations and in consultation with the advisory 30
5353 council and the Office of Health Strategy, establish a program to be 31
5454 known as the "ConnectHealth Program". The purpose of the program 32
5555 shall be to offer high-quality, low-cost health insurance coverage to 33
5656 enrollees in this state under a ConnectHealth Plan. Under the program, 34
5757 the Comptroller, in consultation with the advisory council and the 35
5858 Office of Health Strategy, shall: 36
5959 (1) Establish enrollment criteria for the ConnectHealth Plan; 37
6060 (2) Design and offer the ConnectHealth Plan, which shall, at a 38
6161 minimum: (A) Be made available to prospective enrollees in this state 39
6262 not later than January 1, 2021; (B) provide coverage for essential health 40
6363 benefits; (C) provide a level of covered benefits that meets or exceeds 41
6464 the level of covered benefits provided under qualified health plans; (D) 42
6565 impose premiums, deductibles and enrollee cost-sharing in amounts 43
6666 that do not exceed the amounts imposed under qualified health plans; 44
6767 and (E) include an affordability scale for premiums, deductibles and 45
6868 enrollee cost-sharing that varies according to an enrollee's household 46
6969 income; 47 Substitute Bill No. 7267
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7676 (3) Determine whether to offer the ConnectHealth Plan through the 48
7777 exchange as a qualified health plan; 49
7878 (4) Subject to the provisions of subsection (c) of this section: (A) 50
7979 Establish a schedule of payments and reimbursement rates for the 51
8080 ConnectHealth Plan; (B) provide, within available appropriations, 52
8181 state-financed cost-sharing subsidies to enrollees in the ConnectHealth 53
8282 Plan who do not qualify for cost-sharing subsidies under the 54
8383 Affordable Care Act; and (C) seek a waiver from the United States 55
8484 Department of the Treasury or the United States Department of Health 56
8585 and Human Services, as applicable, pursuant to Section 1332 of the 57
8686 Affordable Care Act; 58
8787 (5) Use any data submitted to the all-payer claims database program 59
8888 established under section 19a-755a of the general statutes to evaluate, 60
8989 on an ongoing basis, the impact of the ConnectHealth Plan on: (A) 61
9090 Individuals in this state; (B) health care providers and health care 62
9191 facilities in this state; and (C) the individual and group health 63
9292 insurance markets in this state; and 64
9393 (6) Implement a competitive process to select, and enter into a 65
9494 contract with, one or more third-party administrators to administer the 66
9595 ConnectHealth Plan, and permit such third-party administrator or 67
9696 third-party administrators to directly receive individual premiums and 68
9797 federal premium tax credits in accordance with all applicable 69
9898 provisions of the Affordable Care Act and the Internal Revenue Code. 70
9999 (b) The Comptroller may, in the Comptroller's discretion and within 71
100100 available appropriations, engage the services of such third-party 72
101101 actuaries, professionals and specialists that the Comptroller deems 73
102102 necessary to assist the Comptroller in performing the Comptroller's 74
103103 duties under subsection (a) of this section. 75
104104 (c) (1) Not later than March 1, 2020, the Comptroller, in consultation 76
105105 with the advisory council and the Office of Health Strategy, shall 77
106106 submit, in accordance with section 11-4a of the general statutes, to the 78 Substitute Bill No. 7267
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113113 joint standing committee of the General Assembly having cognizance 79
114114 of matters relating to insurance: 80
115115 (A) A plan to make the ConnectHealth Plan available to prospective 81
116116 enrollees in this state not later than January 1, 2021; 82
117117 (B) Strategies to ensure that health care providers and health care 83
118118 facilities in this state participate in the ConnectHealth Plan; 84
119119 (C) An analysis of the likely impact of the ConnectHealth Plan on 85
120120 the individual and group health insurance markets in this state; 86
121121 (D) A proposed schedule of the initial payments and reimbursement 87
122122 rates for the ConnectHealth Plan; 88
123123 (E) A proposal to implement state-financed cost-sharing subsidies 89
124124 for enrollees in the ConnectHealth Plan who do not qualify for cost-90
125125 sharing subsidies under the Affordable Care Act, which proposal shall 91
126126 include, but need not be limited to, (i) eligibility criteria for enrollees to 92
127127 receive such subsidies, (ii) the recommended amount or amounts of 93
128128 such subsidies, and (iii) a plan to administer and disburse such 94
129129 subsidies; and 95
130130 (F) A proposed application for a waiver from the United States 96
131131 Department of the Treasury or the United States Department of Health 97
132132 and Human Services, as applicable, pursuant to Section 1332 of the 98
133133 Affordable Care Act. 99
134134 (2) If the committee does not act within sixty days after receiving a 100
135135 submittal under subdivision (1) of this subsection, each proposal 101
136136 described in subparagraphs (D) to (F), inclusive, of said subdivision 102
137137 shall be deemed to be denied by the committee. 103
138138 Sec. 3. (NEW) (Effective July 1, 2019) (a) (1) There is established the 104
139139 ConnectHealth Advisory Council. The council shall consist of ten 105
140140 members, as follows: 106 Substitute Bill No. 7267
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147147 (A) Two appointed by the speaker of the House of Representatives, 107
148148 one of whom shall represent the interests of hospitals in this state and 108
149149 one of whom shall represent the interests of community-based health 109
150150 care providers in this state; 110
151151 (B) Two appointed by the president pro tempore of the Senate, one 111
152152 of whom shall represent the interests of consumers in this state and 112
153153 one of whom shall represent the interests of nurses practicing in this 113
154154 state; 114
155155 (C) One appointed by the majority leader of the House of 115
156156 Representatives, who shall represent the interests of patients in this 116
157157 state; 117
158158 (D) One appointed by the majority leader of the Senate, who shall 118
159159 have expertise in health policy; 119
160160 (E) Two appointed by the minority leader of the House of 120
161161 Representatives, one of whom shall represent the interests of health 121
162162 insurers offering individual health insurance policies in this state and 122
163163 one of whom shall represent the interests of physicians practicing in 123
164164 this state; and 124
165165 (F) Two appointed by the minority leader of the Senate, one of 125
166166 whom shall represent the interests of health insurers offering small 126
167167 group health insurance policies in this state and one of whom shall 127
168168 represent the interests of insurance producers licensed in this state. 128
169169 (2) The members of the advisory council shall select a chairperson 129
170170 from the membership of the advisory council, and the advisory council 130
171171 may establish rules governing the advisory council's internal 131
172172 procedures. 132
173173 (3) The Governor, Lieutenant Governor, Comptroller, Secretary of 133
174174 the Office of Policy and Management, Insurance Commissioner and 134
175175 Commissioner of Social Services shall serve as ex-officio, nonvoting 135
176176 members of the advisory council. 136 Substitute Bill No. 7267
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183183 (b) Initial appointments to the advisory council shall be made on or 137
184184 before October 1, 2019. If an appointing authority fails to appoint an 138
185185 advisory council member on or before October 1, 2019, the president 139
186186 pro tempore of the Senate and the speaker of the House of 140
187187 Representatives shall jointly appoint an advisory council member 141
188188 meeting the required specifications on behalf of such appointing 142
189189 authority and such advisory council member shall serve a full term. 143
190190 The presence of not less than six advisory council members shall 144
191191 constitute a quorum for the transaction of business. The initial term for 145
192192 advisory council members appointed by the minority leader of the 146
193193 House of Representatives and the minority leader of the Senate shall 147
194194 be three years. The initial term for advisory council members 148
195195 appointed by the majority leader of the House of Representatives and 149
196196 the majority leader of the Senate shall be four years. The initial term for 150
197197 the advisory council members appointed by the speaker of the House 151
198198 of Representatives and the president pro tempore of the Senate shall be 152
199199 five years. Terms pursuant to this subsection shall expire on June 153
200200 thirtieth in accordance with the provisions of this subsection. Any 154
201201 vacancy shall be filled by the appointing authority for the balance of 155
202202 the unexpired term. Not later than thirty days prior to the expiration of 156
203203 a term as provided for in this subsection, the appointing authority may 157
204204 reappoint the current advisory council member or shall appoint a new 158
205205 member to the advisory council. Other than an initial term, an 159
206206 advisory council member shall serve for a term of five years and until a 160
207207 successor advisory council member is appointed. Each member of the 161
208208 advisory council shall be eligible for reappointment. Any member of 162
209209 the advisory council may be removed by the appropriate appointing 163
210210 authority for misfeasance, malfeasance or wilful neglect of duty. 164
211211 (c) The advisory council shall advise the Comptroller and the Office 165
212212 of Health Strategy on matters concerning the ConnectHealth Program 166
213213 and the ConnectHealth Plan, including, but not limited to: 167
214214 (1) Implementation of the ConnectHealth Plan; 168
215215 (2) Affordability of the ConnectHealth Plan; 169 Substitute Bill No. 7267
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222222 (3) Marketing of the ConnectHealth Plan to prospective enrollees; 170
223223 (4) Outreach to prospective enrollees and enrollees in the 171
224224 ConnectHealth Plan; and 172
225225 (5) Periodic evaluations of the ConnectHealth Plan. 173
226226 (d) The advisory council shall not be construed to be a department, 174
227227 institution or agency of this state. The staff of the joint standing 175
228228 committee of the General Assembly having cognizance of matters 176
229229 relating to insurance shall provide administrative support to the 177
230230 advisory council. 178
231231 Sec. 4. (NEW) (Effective July 1, 2019) There is established an account 179
232232 to be known as the "ConnectHealth Trust Account", which shall be a 180
233233 separate, nonlapsing account within the General Fund. The account 181
234234 shall contain all moneys required by law to be deposited in the 182
235235 account. Investment earnings from any moneys in the account shall be 183
236236 credited to the account and shall become part of the assets of the 184
237237 account. Any balance remaining in the account at the end of any fiscal 185
238238 year shall be carried forward in the account for the fiscal year next 186
239239 succeeding. The moneys in the account shall be allocated to the 187
240240 Comptroller for the purposes of lowering the cost of the 188
241241 ConnectHealth Plan and providing state-financed cost-sharing 189
242242 subsidies to enrollees in such plan who do not qualify for cost-sharing 190
243243 subsidies under the Affordable Care Act. 191
244244 Sec. 5. (NEW) (Effective July 1, 2019) The Comptroller may adopt 192
245245 regulations, in accordance with chapter 54 of the general statutes, to 193
246246 implement the provisions of sections 1 to 4, inclusive, of this act. 194
247247 Sec. 6. Section 3-123rrr of the general statutes is repealed and the 195
248248 following is substituted in lieu thereof (Effective July 1, 2019): 196
249249 As used in this section, section 7 of this act and sections 3-123sss to 197
250250 3-123vvv, inclusive, as amended by this act: 198 Substitute Bill No. 7267
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257257 (1) "Health Care Cost Containment Committee" means the 199
258258 committee established in accordance with the ratified agreement 200
259259 between the state and the State Employees Bargaining Agent Coalition 201
260260 pursuant to subsection (f) of section 5-278. 202
261261 (2) "Nonstate public employee" means any employee or elected 203
262262 officer of a nonstate public employer. 204
263263 (3) "Nonstate public employer" means a municipality or other 205
264264 political subdivision of the state, including a board of education, quasi-206
265265 public agency or public library. A municipality and a board of 207
266266 education may be considered separate employers. 208
267267 (4) "Small employer" means an employer, other than a nonstate 209
268268 public employer, that employed an average of at least one but not 210
269269 more than fifty employees on business days during the preceding 211
270270 calendar year, and employs at least one employee on the first day that 212
271271 such employer receives coverage under a group hospitalization, 213
272272 medical, pharmacy and surgical insurance plan offered by the 214
273273 Comptroller pursuant to this part. 215
274274 [(4)] (5) "State employee plan" means the group hospitalization, 216
275275 medical, pharmacy and surgical insurance plan offered to state 217
276276 employees and retirees pursuant to section 5-259. 218
277277 Sec. 7. (NEW) (Effective July 1, 2019) (a) Notwithstanding any 219
278278 provision of title 38a of the general statutes, the Comptroller shall offer 220
279279 to small employers and their employees coverage under the state 221
280280 employee plan or another group hospitalization, medical, pharmacy 222
281281 and surgical insurance plan developed by the Comptroller to provide 223
282282 coverage for small employers and their employees. A small employer 224
283283 and its employees receiving coverage provided pursuant to this section 225
284284 shall be pooled with state employees and retirees under the state 226
285285 employee plan, provided the small employer files an application with 227
286286 the Comptroller for coverage pursuant to this section and the 228
287287 Comptroller approves such application. Small employers shall remit to 229 Substitute Bill No. 7267
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294294 the Comptroller payments for coverage provided pursuant to this 230
295295 section. Such payments shall be equal to the payments paid by the 231
296296 state for state employees covered under the state employee plan, 232
297297 inclusive of any premiums paid by state employees pursuant to the 233
298298 state employee plan, except that premium payments may be adjusted 234
299299 to reflect the cost of health care in the geographic area in which the 235
300300 majority of a small employer's employees work, differences from the 236
301301 benefits and networks provided to state employees, the demographic 237
302302 makeup of the small employer's employees or as otherwise provided 238
303303 in this section. The Comptroller shall phase in the geographic 239
304304 adjustment established in this subsection over a two-year period for 240
305305 existing participants. Beginning on July 1, 2020, the Comptroller may 241
306306 charge each small employer participating in the state employee plan an 242
307307 administrative fee calculated on a per member, per month basis. 243
308308 (b) The Comptroller shall offer participation in each plan described 244
309309 in subsection (a) of this section for intervals lasting not less than three 245
310310 years. A small employer may apply for renewal of coverage prior to 246
311311 expiration of each interval. 247
312312 (c) The Comptroller shall develop procedures by which small 248
313313 employers may initially apply for, renew and withdraw from coverage 249
314314 provided pursuant to this section, as well as rules of participation that 250
315315 the Comptroller, in the Comptroller's discretion, deems necessary. 251
316316 (d) The Comptroller shall establish accounting procedures to track 252
317317 claims and premium payments paid by small employers receiving 253
318318 coverage provided pursuant to this section. 254
319319 Sec. 8. Subsections (a) to (c), inclusive, of section 3-123sss of the 255
320320 general statutes are repealed and the following is substituted in lieu 256
321321 thereof (Effective July 1, 2019): 257
322322 (a) Notwithstanding any provision of title 38a, the Comptroller shall 258
323323 offer to nonstate public employers and their nonstate public 259
324324 employees, and their retirees, if applicable, coverage under the state 260 Substitute Bill No. 7267
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331331 employee plan or another group hospitalization, medical, pharmacy 261
332332 and surgical insurance plan developed by the Comptroller to provide 262
333333 coverage for nonstate public employees and their retirees, if applicable. 263
334334 Such nonstate public employees, or retirees, if applicable, shall be 264
335335 pooled with the state employee plan, provided the Comptroller 265
336336 receives an application from a nonstate public employer and the 266
337337 application is approved in accordance with this section or section 3-267
338338 123ttt. Premium payments for such coverage shall be remitted by the 268
339339 nonstate public employer to the Comptroller and shall be the same as 269
340340 those paid by the state inclusive of any premiums paid by state 270
341341 employees, except that premium payments may be adjusted to reflect 271
342342 the cost of health care in the geographic area in which the majority of 272
343343 the nonstate public employer's employees work, differences from the 273
344344 benefits and networks provided to state employees or as otherwise 274
345345 provided in this section or section 3-123uuu, as amended by this act. 275
346346 The Comptroller may charge each nonstate public employer 276
347347 participating in the state employee plan an administrative fee 277
348348 calculated on a per member, per month basis. 278
349349 (b) (1) The Comptroller shall offer participation in such plan for not 279
350350 less than three-year intervals. A nonstate public employer may apply 280
351351 for renewal prior to the expiration of each interval. 281
352352 (2) The Comptroller shall develop procedures by which nonstate 282
353353 public employers receiving coverage for nonstate public employees 283
354354 pursuant to the state employee plan may (A) apply for renewal, or (B) 284
355355 withdraw from such coverage, including, but not limited to, the terms 285
356356 and conditions under which such nonstate public employers may 286
357357 withdraw prior to the expiration of the interval. [and the procedure by 287
358358 which any premium payments such nonstate public employers may be 288
359359 entitled to or premium equivalent payments made in excess of 289
360360 incurred claims shall be refunded to such nonstate public employer.] 290
361361 Any such procedures shall provide that nonstate public employees 291
362362 covered by collective bargaining shall withdraw from such coverage in 292
363363 accordance with chapters 68, 113 and 166. 293 Substitute Bill No. 7267
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370370 (c) Nothing in sections 3-123rrr to 3-123vvv, inclusive, as amended 294
371371 by this act, shall (1) require the Comptroller to offer coverage to every 295
372372 nonstate public employer seeking coverage under the state employee 296
373373 plan, [or] (2) prevent the Comptroller from procuring coverage for 297
374374 nonstate public employees from vendors other than those providing 298
375375 coverage to state employees, or (3) prevent the Comptroller from 299
376376 offering plans other than the plans offered to state employees on July 300
377377 1, 2019, provided no such plan shall be offered if such plan qualifies as 301
378378 a high deductible health plan, as defined in Section 220(c)(2) or Section 302
379379 223(c)(2) of the Internal Revenue Code of 1986, or any subsequent 303
380380 corresponding internal revenue code of the United States, as amended 304
381381 from time to time, and is used to establish a medical savings account or 305
382382 an Archer MSA pursuant to said Section 220 or a health savings 306
383383 account pursuant to said Section 223. 307
384384 Sec. 9. Section 3-123uuu of the general statutes is repealed and the 308
385385 following is substituted in lieu thereof (Effective July 1, 2019): 309
386386 [(a) There is established an account to be known as the "state 310
387387 employee plan premium account", which shall be a separate, 311
388388 nonlapsing account within the General Fund. All premiums paid by 312
389389 nonstate public employers and nonstate public employees pursuant to 313
390390 participation in the state employee plan shall be deposited into said 314
391391 account. The account shall be administered by the Comptroller, with 315
392392 the advice of the Health Care Cost Containment Committee, for 316
393393 payment of claims and administrative fees to entities providing 317
394394 coverage or services under the state employee plan.] 318
395395 [(b)] (a) Each nonstate public employer shall pay monthly the 319
396396 amount determined by the Comptroller for coverage of its nonstate 320
397397 public employees or its nonstate public employees and retirees, as 321
398398 appropriate, under the state employee plan. A nonstate public 322
399399 employer may require each nonstate public employee to contribute a 323
400400 portion of the cost of his or her coverage under the plan, subject to any 324
401401 collective bargaining obligation applicable to such nonstate public 325
402402 employer. 326 Substitute Bill No. 7267
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409409 (b) The Comptroller shall establish accounting procedures to track 327
410410 claims and premium payments paid by nonstate public employers. 328
411411 (c) If any payment due by a nonstate public employer under this 329
412412 [subsection] section is not paid after the date such payment is due, 330
413413 interest to be paid by such nonstate public employer shall be added, 331
414414 retroactive to the date such payment was due, at the prevailing rate of 332
415415 interest as determined by the Comptroller. 333
416416 (d) If a nonstate public employer fails to make premium payments, 334
417417 the Comptroller may direct the State Treasurer, or any other officer of 335
418418 the state who is the custodian of any moneys made available by grant, 336
419419 allocation or appropriation payable to such nonstate public employer 337
420420 at any time subsequent to such failure, to withhold the payment of 338
421421 such moneys until the amount of the premium or interest due has been 339
422422 paid to the Comptroller, or until the State Treasurer or such custodial 340
423423 officer determines that arrangements have been made, to the 341
424424 satisfaction of the State Treasurer, for the payment of such premium 342
425425 and interest. Such moneys shall not be withheld if such withholding 343
426426 will adversely affect the receipt of any federal grant or aid in 344
427427 connection with such moneys. 345
428428 Sec. 10. Section 3-123vvv of the general statutes is repealed and the 346
429429 following is substituted in lieu thereof (Effective July 1, 2019): 347
430430 The Comptroller shall not offer coverage under the state employee 348
431431 plan pursuant to sections 3-123rrr to 3-123uuu, inclusive, as amended 349
432432 by this act, or section 7 of this act until the State Employees' Bargaining 350
433433 Agent Coalition has provided its consent to the clerks of both houses 351
434434 of the General Assembly to incorporate the terms of sections 3-123rrr 352
435435 to 3-123uuu, inclusive, as amended by this act, and section 7 of this act 353
436436 into its collective bargaining agreement. 354
437437 This act shall take effect as follows and shall amend the following
438438 sections:
439439
440440 Section 1 July 1, 2019 New section Substitute Bill No. 7267
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447447 Sec. 2 July 1, 2019 New section
448448 Sec. 3 July 1, 2019 New section
449449 Sec. 4 July 1, 2019 New section
450450 Sec. 5 July 1, 2019 New section
451451 Sec. 6 July 1, 2019 3-123rrr
452452 Sec. 7 July 1, 2019 New section
453453 Sec. 8 July 1, 2019 3-123sss(a) to (c)
454454 Sec. 9 July 1, 2019 3-123uuu
455455 Sec. 10 July 1, 2019 3-123vvv
456456
457+Statement of Legislative Commissioners:
458+In Section 1(5), "or" was substituted for "and" for accuracy; in Section
459+1(9), "ConnectHealth Program" was substituted for "program" for
460+consistency; in Section 3(b), "If" was substituted for "In the event that"
461+for conciseness; and in Section 3(c)(3), "of" was inserted after
462+"Marketing" for consistency.
457463
458464 INS Joint Favorable Subst. -LCO
459-APP Joint Favorable
460465