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2 | 2 | | SENATE BILL 190 |
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3 | 3 | | By Lamar |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 827 |
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6 | 6 | | By Glynn |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0827 |
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10 | 10 | | 000614 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 8, |
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14 | 14 | | Chapter 27; Title 50; Title 56 and Title 71, relative |
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15 | 15 | | to insurance coverage of pregnant employees. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 50, Chapter 1, Part 3, is amended by |
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19 | 19 | | adding the following as a new section: |
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20 | 20 | | (a) As used in this section: |
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21 | 21 | | (1) "Employee" means a natural person who performs services for an |
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22 | 22 | | employer for valuable consideration, and does not include a self-employed |
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23 | 23 | | independent contractor; |
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24 | 24 | | (2) "Employer" means a person, association, or legal or commercial |
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25 | 25 | | entity receiving services from an employee and, in return, giving compensation of |
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26 | 26 | | any kind to such employee; |
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27 | 27 | | (3) "Health benefit plan" means health insurance coverage as defined in |
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28 | 28 | | § 56-7-109; and |
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29 | 29 | | (4) "Health insurer" means a health insurance entity as defined in § 56-7- |
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30 | 30 | | 109. |
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31 | 31 | | (b) On and after July 1, 2025, if an employer terminates the employment of an |
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32 | 32 | | employee who is known to the employer to be pregnant, and such employee was |
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33 | 33 | | covered by an employer-sponsored health benefit plan prior to termination, then: |
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34 | 34 | | (1) The employer shall not: |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 000614 |
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38 | 38 | | |
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39 | 39 | | (A) Stop payment to the health insurer of the employer's share of |
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40 | 40 | | the cost to provide coverage of the former employee under the employer- |
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41 | 41 | | sponsored health benefit plan; or |
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42 | 42 | | (B) Request that the health insurer that issued the employer- |
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43 | 43 | | sponsored health benefit plan terminate the employee's coverage until the |
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44 | 44 | | employer has received a signed written statement pursuant to subdivision |
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45 | 45 | | (c)(1); and |
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46 | 46 | | (2) A health insurer shall not terminate the former employee's coverage |
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47 | 47 | | under the employer-sponsored health benefit plan based upon a request from the |
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48 | 48 | | employer unless such request is accompanied by proof of the employer's receipt |
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49 | 49 | | of the former employee's signed written statement described in subdivision (c)(1). |
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50 | 50 | | (c) |
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51 | 51 | | (1) An employee whose employment is terminated while the employee is |
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52 | 52 | | pregnant and covered under an employer-sponsored health benefit plan shall, |
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53 | 53 | | within thirty (30) days after the date the employee's pregnancy ends in childbirth |
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54 | 54 | | or otherwise, notify the employer using a signed written statement indicating the |
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55 | 55 | | date the pregnancy ended. The signed written statement may be submitted by |
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56 | 56 | | electronic means. |
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57 | 57 | | (2) If a former employee fails to notify the employer of the end of the |
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58 | 58 | | employee's pregnancy as required by subdivision (c)(1), then an employer may |
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59 | 59 | | bring an action in a court of competent jurisdiction to recover the employer's |
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60 | 60 | | costs to maintain continued coverage of the former employee under the |
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61 | 61 | | employer-sponsored health benefit plan from the date of termination of |
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62 | 62 | | employment. |
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63 | 63 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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