Report Title:

Health Benefits; Retirees; Mandated Coverages; Medicare Reimbursement; Employer Contribution Cap

Description:

Mandates specific health benefits for public sector retirees. Requires the employer contribution cap on monthly contributions for health benefits plans for retirees to be adjusted annually, beginning July 1, 2002. Requires the State to pay to the Employer-Union Health Benefits Trust Fund (EUTF) a contribution equal to an amount not less than the medicare part B premium for voluntary medical insurance coverage under medicare for retirees. Also requires the EUTF to reimburse the retiree for any cost differential due to a rate increase in the medicare part B medical insurance plan within thirty days of the rate change. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

50

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELating to the Hawaii public employees health fund.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 87-4.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The State through the department of budget and finance and the several counties through their respective departments of finance shall pay to the fund a monthly contribution equal to one-half of the retired employee's monthly [Medicare or non-Medicare] medicare or nonmedicare premium for [the retired employee's health benefits plan or plans determined by the board pursuant to section 87-22.]:

(1) Hospital, medical, and surgical benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section;

(2) Prescription drug benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section;

(3) Vision care benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section; and

(4) Adult dental benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their spouses enrolled under this section.

If both husband and wife are employee-beneficiaries, the total contribution by the State or the appropriate county shall not exceed the monthly contribution of a family plan for both of them."

SECTION 2. Section 87-4.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) For the purpose of this section, the retired employee's monthly [Medicare and non-Medicare] medicare and nonmedicare premiums for the [health benefits plan] hospital, medical, and surgical plan, the prescription drug plan, the vision care plan, and the adult dental plan shall be established annually by the board and shall be equal to the [Medicare and non-Medicare] retired employee's medicare and nonmedicare premiums for the [health benefits plan] hospital, medical, and surgical plan, the prescription drug plan, the vision care plan, and the adult dental plan contracted by the fund with the largest enrollments."

SECTION 3. Section 87-4.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The State, through the department of budget and finance and the several counties through their respective departments of finance, shall pay to the fund a monthly contribution equal to one-half of the retired employee's monthly medicare or nonmedicare premium for the [retired employee's health benefits plan or plans determined by the board pursuant to section 87-22] following benefits for retired employees with ten or more years but fewer than fifteen years of service; seventy-five per cent of the retired employee's monthly medicare or nonmedicare premium for the [retired employee's health benefits plan or plans determined by the board pursuant to section 87-22] following benefits for retired employees with at least fifteen but fewer than twenty-five years of service[.]:

(1) For hospital, medical, and surgical benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section;

(2) For prescription drug benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section;

(3) For vision care benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their dependent-beneficiaries enrolled under this section; and

(4) For adult dental benefits of a health benefits plan for each of their respective employee-beneficiaries or their respective employee-beneficiaries and their spouses enrolled under this section.

If both husband and wife are employee-beneficiaries, the total contribution by the State or the appropriate county, after an employee's retirement pursuant to this section, shall not exceed the monthly contribution of a family plan for both of them."

SECTION 4. Section 87-4.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) For the purpose of this section, the retired employee's monthly medicare and nonmedicare premiums for the [health benefits plan] hospital, medical, and surgical plan, the prescription drug plan, the vision care plan, and the adult dental plan shall be established annually by the board and shall be equal to the retired employee's medicare and nonmedicare premiums for the [health benefits plan] hospital, medical, and surgical plan, the prescription drug plan, the vision care plan, and the adult dental plan contracted by the fund with the largest enrollments."

SECTION 5. Section 87-22, Hawaii Revised Statutes, is amended to read as follows:

"§87-22 Determine health benefits plan; contract with carriers. (a) [Notwithstanding any provision of this chapter to the contrary, the] The board of trustees shall determine the health benefits plan or plans, [including but not limited to the type of plans to be made available,] which shall be excepted from the minimum group requirements of chapter 431 [, the design of the plans, and the delivery of plan services]. The health benefits plan or plans shall provide, pay for, arrange for, or reimburse the cost of hospitalization, surgery, medical, dental treatment, and care and may include prescribed drugs, medicines, prosthetic appliances, hospital in-patient and out-patient service benefits, vision treatment and care, medical, and dental benefits.

(b) The board may contract for the following health benefits plans [,including but not limited to:]; provided that benefits provided under any respective plan shall be equally available to all employee-beneficiaries and dependent-beneficiaries selecting the plan regardless of age, as provided for below:

(1) An indemnity benefit plan or plans under which a carrier agrees to pay certain sums of money not in excess of the actual expenses incurred for health services;

(2) A service benefit plan or plans under which payment is made by a carrier under contracts with physicians, hospitals, or other providers of health services or, under certain conditions, payment is made by a carrier to an employee-beneficiary;

(3) Health maintenance organization plans, which provide or arrange health services for members on a prepaid basis, with professional services provided by physicians practicing individually or as a group in a common center or centers;

(4) Plans to offer dental benefits through an indemnity plan or plans, a service benefit plan or plans, dental maintenance organization plans, or combinations thereof;

(5) Plans to offer prescription drug benefits through an indemnity plan or plans, a service benefit plan or plans, health maintenance organization plans, or combinations thereof;

(6) Plans to offer vision care benefits through an indemnity plan or plans, a service benefit plan or plans, health maintenance organization plans, or combinations thereof; or

(7) A noninsured schedule of benefits similar to any of the schedule of benefits set forth in the health benefits plans authorized in paragraphs (1) to (6)."

SECTION 6. Section 87-27, Hawaii Revised Statutes, is amended to read as follows:

"§87-27 Supplemental plan to federal Medicare. Any other provision of this chapter notwithstanding, the board of trustees shall establish, effective July 1, 1966, a health benefits plan which takes into account benefits available to an employee-beneficiary and spouse under the federal Medicare plan, subject to the following conditions:

(1) There shall be no duplication of benefits payable under federal Medicare but the plan so established by the board shall be supplemental to the federal Medicare plan;

(2) The contribution for voluntary medical insurance coverage under federal Medicare [shall be equal to a monthly contribution of $50 a month, or the federal Medicare plan rate, whichever is less for] shall be paid by the fund, in such manner as the board shall specify; provided that if the amount reimbursed by the fund to the employee-beneficiary and spouse is less than the actual cost of the federal Medicare plan, due to an increase in the federal Medicare plan rate, the fund shall reimburse the employee-beneficiary and spouse for the cost increase within thirty days of the rate change; in the case of an employee-beneficiary who is a retired employee, and spouse while the employee-beneficiary is living, including members of the old pension system and after death the employee-beneficiary's spouse provided the spouse qualifies as an employee-beneficiary; provided that the counties, through their respective departments of finance, shall reimburse the fund for any contributions made for county employee-beneficiaries under this paragraph;

(3) The benefits available under the plan, when taken together with the benefits available under the federal Medicare plan, as nearly as is possible, shall [be comparable to] approximate the benefits available [to employee-beneficiaries and spouses who are not eligible for the federal Medicare plan.] under the plans set forth in section 87-22. If, for any reason, a situation develops where the benefits available under the supplemental plan and the federal Medicare plan substantially differ from those that would otherwise be available, the board may correct this inequity to assure substantial equality of benefits;

(4) Notwithstanding any other law to the contrary, all employee-beneficiaries or dependent-beneficiaries who are eligible to enroll in the federal Medicare Part B medical insurance plan shall enroll in that federal plan as a requirement to receive the contributions and to participate in the employee benefit plans described in this chapter. This paragraph shall pertain to retired employees and their spouses and the surviving spouses of deceased retirees and employees killed in the performance of duty; and

(5) The board of trustees shall determine which employee-beneficiaries and dependent-beneficiaries, who are not enrolled in the federal Medicare Part B medical insurance plan, may participate in such other plans as are set forth in section 87-22."

SECTION 7. Section 87A-23, Hawaii Revised Statutes, is amended to read as follows:

"[[]§87A-23[]] Health benefits plan supplemental to medicare. The board shall establish a health benefits plan, which takes into account benefits available to an employee-beneficiary and spouse under medicare, subject to the following conditions:

(1) There shall be no duplication of benefits payable under medicare. The plan under this section, which shall be secondary to medicare, when combined with medicare and any other plan to which the health benefits plan is subordinate under the National Association of Insurance Commissioners' coordination of benefit rules, shall provide benefits that approximate those provided to a similarly situated beneficiary not eligible for medicare;

(2) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a contribution equal to [$50.00 per month, or such other amount to be determined by the board,] an amount not less than the medicare part B premium, for voluntary medical insurance coverage under medicare for retired members of the employees' retirement system; county pension system; or a police, firefighters, or bandsmen pension system of the State or a county as set forth in chapter 88[.]; provided that if the amount reimbursed by the fund to the retiree is less than the actual cost of the medicare part B medical insurance plan due to an increase in the medicare part B medical insurance plan rate, the fund shall reimburse the retiree for the cost increase within thirty days of the rate change. The contribution shall be made for each:

(A) Employee-beneficiary who is a retired employee;

(B) Employee-beneficiary's spouse while the employee-beneficiary is living; and

(C) The employee-beneficiary's spouse, after the death of the employee-beneficiary, if the spouse qualifies as an employee-beneficiary;

(3) The benefits available under this plan, when combined with benefits available under medicare or any other coverage or plan to which this plan is subordinate under the National Association of Insurance Commissioners' coordination of benefit rules, shall approximate the benefits that would be provided to a similarly situated employee-beneficiary not eligible for medicare;

(4) All employee-beneficiaries or dependent-beneficiaries who are eligible to enroll in the medicare part B medical insurance plan shall enroll in that plan as a condition of receiving contributions and participating in benefits plans under this chapter. This paragraph shall apply to retired employees, their spouses, and the surviving spouses of deceased retirees and employees killed in the performance of duty; and

(5) The board shall determine which of the employee-beneficiaries and dependent-beneficiaries, who are not enrolled in the medicare part B medical insurance plan, may participate in the plans offered by the fund."

SECTION 8. Section 87A-33, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

(c) The base [composite] monthly contribution shall be adjusted annually, beginning July 1, [2004.] 2002. The adjusted base [composite] monthly contribution for each new plan year (July 1 until June 30) shall be calculated by increasing or decreasing the base [composite] monthly contribution in effect through the end of the previous plan year by the percentage increase or decrease in the medicare part B premium rate for those years, which percentage shall be calculated by dividing the medicare part B premium rate in effect at the beginning of the new plan year by the rate in effect [through the end] at the beginning of the previous plan year.

As used in this subsection, "medicare part B premium rate" means the rate published in the Federal Register each year on November 1 or on the business day closest to November 1 of each year after the medicare part B premium rate has been established by the Secretary of Health and Human Services and approved by the United States Congress."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon approval.