Sec. 3-119b. Election to decline compensation or benefit by state official.
Sec. 3-123sss. Enrollment procedures and requirements.
Sec. 3-123ttt. Coverage for retirees.
Sec. 3-123uuu. State employee plan premium payment. Nonpayment of premium.
Sec. 3-123vvv. State Employees' Bargaining Agent Coalition consent.
Sec. 3-123xxx. Annual report by nonstate public employers.
Sec. 3-123yyy. Annual report re plans developed by Comptroller.
Sec. 3-119b. Election to decline compensation or benefit by state official. Notwithstanding any other provision of the general statutes, any elected or appointed state official of the executive, legislative or judicial branch may, at such official's sole discretion, elect to decline any compensation or benefit paid by the state that the official is otherwise entitled to receive pursuant to any provision of the general statutes or regulations by notifying the State Comptroller of such election. Such election shall be effective upon the date indicated in such notification.
(P.A. 19-117, S. 144.)
History: P.A. 19-117 effective June 26, 2019, and applicable to any notification made on or after January 1, 2019.
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Sec. 3-123aa. Connecticut Homecare Option Program for the Elderly. Connecticut Home Care Trust Fund. Advisory committee. (a) For purposes of sections 3-123aa to 3-123ff, inclusive:
(1) “Depositor” means any person making a deposit, payment, contribution, gift or other deposit to the trust pursuant to a participation agreement.
(2) “Designated beneficiary” means any individual who has been designated as a beneficiary in the participation agreement, and may include any individual who enters into a participation agreement or is subsequently designated as a spouse or the partner to a civil union of the designated beneficiary.
(3) “Eligible home care provider” means (A) a provider licensed in Connecticut to perform home care services, (B) a homemaker or companion service that is registered with the Department of Consumer Protection, (C) licensed transportation services, or (D) a personal care assistant.
(4) “Instrumental activities of daily living” means activities related to independent living necessary to maintain an individual in their home or other noninstitutional setting, and includes, but is not limited to, adult day care, chore services, companion services, meal preparation or home-delivered meals, or transportation or homemaker services.
(5) “Participation agreement” means the agreement between the trust and depositors for participation in a savings plan for a designated beneficiary.
(6) “Qualified home care expenses” means the cost of services performed by an eligible home care provider for the instrumental activities of daily living, and the cost of any other service recommended by a physician and provided by an eligible home care provider.
(7) “Trust” means the Connecticut Home Care Trust Fund.
(b) There is established the Connecticut Homecare Option Program for the Elderly, to allow individuals to plan for the cost of services that will allow them to remain in their homes or in a noninstitutional setting as they age. The Comptroller shall establish the Connecticut Home Care Trust Fund, which shall be comprised of individual savings accounts for those qualified home care expenses not covered by a long-term care insurance policy and for those qualified home care expenses that supplement the coverage provided by a long-term care policy or Medicare. Withdrawals from the fund may be used for qualified home care expenses, upon receipt by the fund of a certification signed by a licensed physician or a licensed advanced practice registered nurse that the designated beneficiary is in need of services for the instrumental activities of daily living. Upon the death of a designated beneficiary, any available funds in such beneficiary's account shall be an asset of the estate of such beneficiary.
(c) There is established an advisory committee to the Connecticut Homecare Option Program for the Elderly, which shall consist of the State Treasurer, the State Comptroller, the Commissioner of Social Services, the Commissioner of Aging and Disability Services, the director of the long-term care partnership policy program within the Office of Policy and Management, and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and finance, revenue and bonding, or their designees. The Governor shall appoint one provider of home care services for the elderly and a physician specializing in geriatric care. The advisory committee shall meet at least annually. The State Comptroller shall convene the meetings of the committee.
(P.A. 07-130, S. 1; P.A. 08-140, S. 2; P.A. 13-97, S. 1; 13-125, S. 23; P.A. 16-39, S. 3; June Sp. Sess. P.A. 17-2, S. 285; P.A. 18-169, S. 11; P.A. 19-157, S. 1.)
History: P.A. 08-140 amended Subsec. (a)(2) by adding provision re individual “designated as a beneficiary in the participation agreement”, effective July 1, 2008; P.A. 13-97 amended Subsec. (c) to replace reference to select committee on aging with reference to joint standing committee having cognizance of matters relating to aging, effective June 6, 2013; P.A. 13-125 amended Subsec. (c) to replace Commission on Aging representative with Commissioner on Aging as advisory committee member and replace reference to select committee on aging with reference to joint standing committee having cognizance of matters relating to aging, effective July 1, 2013; P.A. 16-39 amended Subsec. (b) by adding provision re certification signed by advanced practice registered nurse; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by deleting reference to Commissioner on Aging, effective October 31, 2017; P.A. 18-169 amended Subsec. (c) by adding “the Commissioner of Rehabilitation Services,”, effective June 14, 2018; P.A. 19-157 amended Subsec. (c) by replacing Commissioner of Rehabilitation Services with Commissioner of Aging and Disability Services.
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Sec. 3-123rrr. Definitions. As used in this section and sections 3-123sss to 3-123vvv, inclusive, and section 3-123xxx:
(1) “Health Care Cost Containment Committee” means the committee established in accordance with the ratified agreement between the state and the State Employees Bargaining Agent Coalition pursuant to subsection (f) of section 5-278.
(2) “Nonstate public employee” means any employee or elected officer of a nonstate public employer.
(3) “Nonstate public employer” means a municipality or other political subdivision of the state, including a board of education, quasi-public agency or public library. A municipality and a board of education may be considered separate employers.
(4) “State employee plan” means the group hospitalization, medical, pharmacy and surgical insurance plan offered to state employees and retirees pursuant to section 5-259.
(5) “Health enhancement program” means the program established in accordance with the provisions of the Revised State Employees Bargaining Agent Coalition agreement, approved by the General Assembly on August 22, 2011, for state employees, as may be amended by stipulated agreements.
(6) “Value-based insurance design” means health benefit designs that lower or remove financial barriers to essential, high-value clinical services.
(7) “Health care coverage type” means the type of health care coverage offered by nonstate public employers, including, but not limited to, coverage for a nonstate public employee, nonstate public employee plus spouse and nonstate public employee plus family.
(P.A. 15-93, S. 1; P.A. 16-169, S. 19; P.A. 19-117, S. 377.)
History: P.A. 15-93 effective June 23, 2015; P.A. 16-169 made a technical change in Subdiv. (1), effective June 6, 2016; P.A. 19-117 added Subdiv. (5) defining “health enhancement program”, added Subdiv. (6) defining “value-based insurance design” and added Subdiv. (7) defining “health care coverage type”, effective July 1, 2019.
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Sec. 3-123sss. Enrollment procedures and requirements. (a)(1) Notwithstanding any provision of title 38a, the Comptroller shall offer to nonstate public employers and their nonstate public employees, and their retirees, if applicable, coverage under the state employee plan or another group hospitalization, medical, pharmacy and surgical insurance plan developed by the Comptroller to provide coverage for nonstate public employees and their retirees, if applicable. Such nonstate public employees, or retirees, if applicable, shall be pooled with the state employee plan, provided the Comptroller receives an application from a nonstate public employer and the application is approved in accordance with this section or section 3-123ttt. Premium payments for such coverage shall be remitted by the nonstate public employer to the Comptroller and shall be the same as those paid by the state inclusive of any premiums paid by state employees, except that premium payments shall be adjusted pursuant to subdivision (2) of this subsection for nonstate public employers enrolled in coverage on and after July 1, 2019, to reflect the cost of health care in the county in which the majority of such nonstate public employer's employees work, differences from the benefits and networks provided to state employees or as otherwise provided in this section or section 3-123uuu. The Comptroller may charge each nonstate public employer participating in the state employee plan an administrative fee calculated on a per member, per month basis.
(2) During the two-year period beginning July 1, 2020, the Comptroller shall phase in the adjustment for premium payments to reflect the cost of health care in the county in which the majority of a nonstate public employer's employees work, as described in subdivision (1) of this subsection. In no year shall the adjustment for premium payments be greater than one-half of the total adjustment.
(b) Any group hospitalization, medical, pharmacy and surgical insurance plan developed by the Comptroller pursuant to subsection (a) of this section shall (1) include the health enhancement program, (2) be consistent with value-based insurance design principles, and (3) be approved by the Health Care Cost Containment Committee prior to being offered to nonstate public employers. The Comptroller shall, prior to the approval of the Health Care Cost Containment Committee, and offering any such plan, and annually thereafter, (A) cause the premium payments associated with such plan to be reviewed by an independent actuarial firm to determine the adequacy of such premiums relative to experience and total costs, and (B) provide a report concerning such review to the Health Care Cost Containment Committee, the Office of Policy and Management and the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, in accordance with the provisions of section 11-4a.
(c) (1) The Comptroller shall offer participation in such plan for not less than three-year intervals. A nonstate public employer may apply for renewal prior to the expiration of each interval.
(2) The Comptroller shall develop procedures by which nonstate public employers receiving coverage for nonstate public employees pursuant to the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of this section may (A) apply for renewal, or (B) withdraw from such coverage, including, but not limited to, the terms and conditions under which such nonstate public employers may withdraw prior to the expiration of the interval. Any such procedures shall provide that nonstate public employees covered by collective bargaining shall withdraw from such coverage in accordance with chapters 68, 113 and 166.
(d) Nothing in sections 3-123rrr to 3-123vvv, inclusive, shall (1) require the Comptroller to offer coverage to every nonstate public employer seeking coverage under the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of this section, (2) prevent the Comptroller from procuring coverage for nonstate public employees from vendors other than those providing coverage to state employees, or (3) prevent the Comptroller from offering plans other than the plans offered to state employees on July 1, 2019, provided no such plan shall be offered if such plan qualifies as a high deductible health plan, as defined in Section 220(c)(2) or Section 223(c)(2) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and is used to establish a medical savings account or an Archer MSA pursuant to said Section 220 or a health savings account pursuant to said Section 223.
(e) The Comptroller shall create applications for coverage under and for renewal of the state employee plan and any other plan developed by the Comptroller pursuant to subsection (a) of this section. Such applications shall require a nonstate public employer to disclose whether such nonstate public employer shall offer any other health care benefits plan to the nonstate public employees who are offered the state employee plan.
(f) No nonstate public employee shall be enrolled in the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of this section if such nonstate public employee is covered through a nonstate public employer's health insurance plans or insurance arrangements issued to or in accordance with a trust established pursuant to collective bargaining subject to the federal Labor Management Relations Act.
(g) (1) A nonstate public employer may submit an application to the Comptroller to provide coverage under the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of this section for nonstate public employees employed by such nonstate public employer.
(2) If a nonstate public employer submits an application for coverage of all of its nonstate public employees, the Comptroller shall provide such coverage not later than the first day of the third calendar month following such application.
(3) (A) Except as provided in subsection (h) of this section, if a nonstate public employer submits an application for coverage for fewer than all of its nonstate public employees, or indicates in the application that the nonstate public employer shall offer other health plans to nonstate public employees who are offered the state health plan, the Comptroller shall forward such application to the Health Care Cost Containment Committee not later than five business days after receiving such application. Said committee may, not later than thirty days after receiving such application, certify to the Comptroller that the application will shift a significantly disproportional part of a nonstate public employer's medical risks to the state employee plan.
(B) If the Health Care Cost Containment Committee certifies to the Comptroller that the application will shift a significantly disproportional part of a nonstate public employer's medical risks to the state employee plan, the Comptroller shall not provide coverage to such nonstate public employer. If the Health Care Cost Containment Committee does not certify to the Comptroller that the application will shift a significantly disproportional part of a nonstate public employer's medical risks to the state employee plan, the Comptroller shall provide coverage not later than the first day of the third calendar month following the deadline for receiving the certification.
(4) Notwithstanding any provisions of the general statutes, initial and continuing participation in the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of this section by a nonstate public employer shall be a mandatory subject of collective bargaining and shall be subject to binding interest arbitration in accordance with the same procedures and standards that apply to any other mandatory subject of bargaining pursuant to chapters 68, 113 and 166.
(h) If a nonstate public employer included fewer than all of its nonstate public employees in its application for coverage because of (1) the decision by individual nonstate public employees to decline such coverage for themselves or their dependents, or (2) the nonstate public employer's decision to not offer coverage to temporary, part-time or durational employees, the Comptroller shall not forward such nonstate public employer's application to the Health Care Cost Containment Committee pursuant to subdivision (3) of subsection (g) of this section.
(i) Notwithstanding any provision of the general statutes, neither the state employee plan nor any plan developed by the Comptroller pursuant to subsection (a) of this section shall be deemed (1) an unauthorized insurer, or (2) a multiple employer welfare arrangement. Any licensed insurer in this state may conduct business with the state employee plan or any plan developed by the Comptroller pursuant to subsection (a) of this section.
(j) Nothing in this section shall require a nonstate public employer enrolled in the state employee plan to enroll in another plan developed by the Comptroller pursuant to this section.
(P.A. 15-93, S. 2; P.A. 19-117, S. 378.)
History: P.A. 19-117 amended Subsec. (a) by designating existing provisions re coverage under state employee plan as Subdiv. (1), adding provisions re group hospitalization, medical, pharmacy and surgical plans developed by Comptroller and adjustments to premium payments, and adding Subdiv. (2) re phase in of adjustments for premium payments, added new Subsec. (b) re requirements for group hospitalization, medical, pharmacy and surgical plans developed by Comptroller, redesignated existing Subsecs. (b) to (h) as new Subsecs. (c) to (i), amended redesignated Subsec. (d) by adding Subdiv. (3) re comptroller offering plans other than those offered to state employees on July 1, 2019, added Subsec. (j) re nonstate public employer enrolled in state employee plan enrolling in another plan developed by Comptroller, and made technical and conforming changes, effective July 1, 2019.
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Sec. 3-123ttt. Coverage for retirees. (a) Any nonstate public employer that is eligible to seek coverage under the state employee plan or a plan developed by the Comptroller pursuant to subsection (a) of section 3-123sss for its nonstate public employees may seek such coverage for such nonstate public employer's retirees in accordance with this section. Premium payments for such coverage shall be remitted by the nonstate public employer to the Comptroller and shall be the same as those paid by the state, inclusive of any premiums paid by retired state employees.
(b) (1) If a nonstate public employer seeks coverage for all of its retirees in accordance with this section and all of the nonstate public employees employed by such nonstate public employer in accordance with section 3-123sss, the Comptroller shall accept such application upon the terms and conditions applicable to the state employee plan or plan developed by the Comptroller pursuant to subsection (a) of section 3-123sss and shall provide coverage not later than the first day of the third calendar month following such application.
(2) If a nonstate public employer seeks coverage for fewer than all of its retirees, regardless of whether such nonstate public employer is seeking coverage for all of the nonstate public employees employed by such nonstate public employer, the Comptroller shall forward such application to the Health Care Cost Containment Committee not later than five business days after receiving such application. Said committee may, not later than thirty days after receiving such application, certify to the Comptroller that, with respect to such retirees, the application will shift a significantly disproportional part of such nonstate public employer's medical risks to the state employee plan.
(3) If the Health Care Cost Containment Committee certifies to the Comptroller that the application will shift a significantly disproportional part of a nonstate public employer's medical risks to the state employee plan, the Comptroller shall not provide coverage to such nonstate public employer's retirees. If the Health Care Cost Containment Committee does not certify to the Comptroller that the application will shift a significantly disproportional part of a nonstate public employer's medical risks to the state employee plan, the Comptroller shall provide coverage not later than the first day of the third calendar month following the deadline for receiving the certification.
(c) Nothing in sections 3-123rrr to 3-123vvv, inclusive, shall diminish any right to retiree health insurance pursuant to a collective bargaining agreement or to any other provision of the general statutes.
(P.A. 15-93, S. 3; P.A. 19-117, S. 379.)
History: P.A. 19-177 amended Subsecs. (a) and (b) by adding references to plan developed by Comptroller pursuant to Sec. 3-123sss(a), effective July 1, 2019.
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Sec. 3-123uuu. State employee plan premium payment. Nonpayment of premium. (a) Each nonstate public employer shall pay monthly the amount determined by the Comptroller for coverage of its nonstate public employees or its nonstate public employees and retirees, as appropriate, under the state employee plan. A nonstate public employer may require each nonstate public employee to contribute a portion of the cost of his or her coverage under the plan, subject to any collective bargaining obligation applicable to such nonstate public employer.
(b) The Comptroller shall establish accounting procedures to track claims and premium payments paid by nonstate public employers.
(c) If any payment due by a nonstate public employer under this section is not paid after the date such payment is due, interest to be paid by such nonstate public employer shall be added, retroactive to the date such payment was due, at the prevailing rate of interest as determined by the Comptroller.
(d) If a nonstate public employer fails to make premium payments, the Comptroller may direct the State Treasurer, or any other officer of the state who is the custodian of any moneys made available by grant, allocation or appropriation payable to such nonstate public employer at any time subsequent to such failure, to withhold the payment of such moneys until the amount of the premium or interest due has been paid to the Comptroller, or until the State Treasurer or such custodial officer determines that arrangements have been made, to the satisfaction of the State Treasurer, for the payment of such premium and interest. Such moneys shall not be withheld if such withholding will adversely affect the receipt of any federal grant or aid in connection with such moneys.
(P.A. 15-93, S. 4; P.A. 16-169, S. 20; P.A. 19-117, S. 380.)
History: P.A. 16-169 made a technical change in Subsec. (a), effective June 6, 2016; P.A. 19-117 deleted former Subsec. (a) re state employee plan premium account, redesignated existing Subsec. (b) as new Subsec. (a), added new Subsec. (b) re establishment of accounting procedures to track claims and premium payments and amended Subsec. (c) to make a technical change, effective July 1, 2019.
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Sec. 3-123vvv. State Employees' Bargaining Agent Coalition consent. The Comptroller shall not offer coverage under the state employee plan pursuant to sections 3-123rrr to 3-123uuu, inclusive, until the State Employees' Bargaining Agent Coalition has provided its consent to the clerks of both houses of the General Assembly to incorporate the terms of sections 3-123rrr to 3-123uuu, inclusive, into its collective bargaining agreement.
(P.A. 15-93, S. 5; P.A. 19-117, S. 381.)
History: P.A. 15-93 effective June 23, 2015; P.A. 19-117 added references to Sec. 3-123sss, effective July 1, 2019.
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Sec. 3-123xxx. Annual report by nonstate public employers. Not later than October 1, 2019, and annually thereafter, each nonstate public employer shall submit a report to the Comptroller, Office of Policy and Management and Office of Fiscal Analysis, in a form and manner prescribed by the Comptroller. Such report shall contain (1) the total number of employees covered under a health care plan sponsored by such employer, (2) the coverage type selected by each covered employee, (3) the total premium for each coverage type, inclusive of employee and employer shares and medical and pharmacy coverage, (4) the amount of any contributions by such employer to health savings or health reimbursement accounts, (5) the number of participants in such health care plans, including employee dependents, (6) a summary of benefits and coverage for each health care plan offered by such employer and the number of employees enrolled in each such plan, and (7) information concerning retirement plans and benefits offered or provided by such employer and the total costs to such employer associated with the provision of such plans and benefits in the preceding year.
(P.A. 19-117, S. 382.)
History: P.A. 19-117 effective June 26, 2019.
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Sec. 3-123yyy. Annual report re plans developed by Comptroller. Not later than January 1, 2021, and annually thereafter, the Comptroller shall submit a report to the Health Care Cost Containment Committee, Office of Policy and Management and joint standing committee of the General Assembly having cognizance of matters relating to appropriations, in accordance with the provisions of section 11-4a, concerning municipal group hospitalization, medical, pharmacy and surgical insurance plans developed by the Comptroller pursuant to subsection (a) of section 3-923sss. Such report shall include, but need not be limited to, the total number of contracts, members, plan costs and premium payments and other revenues associated with such plans and the corresponding profit loss ratio for the previous calendar year. Such report shall distinguish municipal health care plans from the state employee plan and demonstrate cost neutrality by individual municipal insurance plan and in total across all municipal insurance plans. If the profit loss ratio demonstrates inadequacy in premium payments, such report shall include a plan to ensure the fiscal adequacy of the premium rate structure for such individual municipal insurance plans and the associated benefit design to eliminate any prior year financial loss and prevent financial loss in the upcoming plan year.
(P.A. 19-117, S. 383.)
History: P.A. 19-117 effective June 26, 2019.
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