2004 Legislation
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HOUSE BILL NO. 834 – Health ins, Admin Dept duties

HOUSE BILL NO. 834

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Bill Status



H0834......................................................by STATE AFFAIRS
HEALTH INSURANCE - DEPARTMENT OF ADMINISTRATION - Amends existing law to
revise the powers and duties of the Director of the Department of
Administration relating to group insurance; to revise objectives and
considerations; to provide for data collection and reports; to encourage
cost containment; to provide that, after a specified date, all political
subdivisions of the state shall contract with the Department of
Administration for a plan of group insurance and arrangements with
prepayment plans; to provide for governance of group insurance plans; to
provide that the Director of the Department of Administration shall render
certain services to political subdivisions of the state; and to provide for
payments from political subdivisions of the state relating to group
insurance.
                                                                        
03/10    House intro - 1st rdg - to printing
03/11    Rpt prt - to Bus

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 834
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE; AMENDING SECTION 67-5761, IDAHO  CODE,  TO  REVISE  THE
  3        POWERS  AND  DUTIES  OF  THE  DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION
  4        RELATING TO GROUP INSURANCE; AMENDING  SECTION  67-5762,  IDAHO  CODE,  TO
  5        REVISE  OBJECTIVES  AND CONSIDERATIONS, TO PROVIDE FOR DATA COLLECTION AND
  6        REPORTS, TO ENCOURAGE COST CONTAINMENT  AND  TO  MAKE  TECHNICAL  CHANGES;
  7        AMENDING  SECTION  67-5763, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO
  8        PROVIDE THAT AFTER A SPECIFIED DATE  ALL  POLITICAL  SUBDIVISIONS  OF  THE
  9        STATE  SHALL  CONTRACT WITH THE DEPARTMENT OF ADMINISTRATION FOR A PLAN OF
 10        GROUP INSURANCE AND ARRANGEMENTS WITH PREPAYMENT  PLANS,  TO  PROVIDE  FOR
 11        GOVERNANCE OF SUCH PLANS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 12        TION  67-5767, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO PROVIDE THAT
 13        THE DIRECTOR SHALL RENDER CERTAIN SERVICES TO  POLITICAL  SUBDIVISIONS  OF
 14        THE  STATE  AND  TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 67-5769,
 15        IDAHO CODE, TO PROVIDE FOR PAYMENTS FROM  POLITICAL  SUBDIVISIONS  OF  THE
 16        STATE  RELATING  TO GROUP INSURANCE AND TO MAKE TECHNICAL CORRECTIONS; AND
 17        PROVIDING AN EFFECTIVE DATE.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  That Section 67-5761, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        67-5761.  POWERS  AND  DUTIES  -- GROUP INSURANCE. (1) The director of the
 22    department of administration shall have the authority to:
 23        (a)  Establish an advisory committee to be comprised of  program  partici-
 24        pants.  The  advisory  committee may include employee representatives. The
 25        director shall consult with the advisory committee in the  performance  of
 26        those duties as enumerated in subsection (2) of this section.
 27        (b)  Fix and promulgate rules for determining eligibility of personnel for
 28        participation in any group plans.
 29        (c)  Determine  the  nature  and extent of needs for group life insurance,
 30        group annuities, group disability insurance, and group health care service
 31        coverages with respect to personnel, including elected or appointed  offi-
 32        cers  and  employees, of all offices, departments, divisions, boards, com-
 33        missions, institutions, agencies and operations of the government  of  the
 34        state of Idaho and retired personnel, and all school districts, municipal-
 35        ities,  counties  and  other political subdivisions of the state, the pre-
 36        miums or prepayments for which are payable in whole or in part from  funds
 37        of  the  state.  "Disability"  insurance  includes  all personal accident,
 38        health, hospital, surgical, and medical coverages, and "health  care  ser-
 39        vice"  includes  all  services rendered for maintenance of good health and
 40        diagnosis, relief, or treatment of any injury, ailment, or  bodily  condi-
 41        tion.
 42        (d)  Determine  the  types, terms, conditions, and amounts of group insur-
 43        ance, group annuities, or group coverage by health care service  organiza-
                                                                        
                                           2
                                                                        
  1        tions, as the case may be, required by such needs.
  2        (e)  Negotiate  and  contract  for, and have placed or continued in effect
  3        all  such insurance and coverages as may  reasonably  be  obtainable  from
  4        insurers  and  health care service organizations, as the case may be, duly
  5        authorized to transact such business in this state. The director may nego-
  6        tiate deductibles to any group plan or coverage. Alternatively, the direc-
  7        tor may self-insure any insurance or coverage and may  contract  with  any
  8        insurance company or third party administrator duly authorized to transact
  9        business in this state or administer such plan.
 10        (f)  Prepare  or  otherwise  obtain  and  make  available to all personnel
 11        affected thereby, printed information concerning all such group plans cur-
 12        rently in effect, together with the rules governing  eligibility,  payment
 13        of  premium  or  prepayment where applicable, claims procedures, and other
 14        matters designed to facilitate  utilization  and  administration  of  such
 15        plans.
 16        (g)  Administer  all  such group plans on behalf of the insured, including
 17        but not limited to:
 18             (i)   Enrollment and reporting to the insurer or health care  service
 19             organization  of  individuals eligible for coverage and covered under
 20             particular policies or contracts, and termination of such  enrollment
 21             upon termination of eligibility;
 22             (ii)  Collection  or payment of premiums or prepayments for such cov-
 23             erage, policies and contracts and accounting for the same;
 24             (iii) Establishment of  reasonable  procedures  for  handling  claims
 25             arising  under  such  coverage, policies and contracts, and rendering
 26             assistance to claimants, as may be required in the  presentation  and
 27             consideration of claims;
 28             (iv)  Effectuation  of  changes  in  such coverage, policies and con-
 29             tracts and renewal or termination thereof;
 30             (v)   Making and settlement of claims.
 31        (2)  Nothing herein shall be deemed to prohibit any such coverage,  policy
 32    or  contract  providing  coverage also for dependents of personnel under terms
 33    and conditions formulated and negotiated by the director. The  director  shall
 34    formulate  and negotiate a plan of health care service coverage which includes
 35    retired personnel and dependents eligible for a retirement benefit through the
 36    Idaho public employee retirement system which benefit equals  or  exceeds  the
 37    retiree  medical  insurance  premium in effect for that retiree at the date of
 38    retirement. Coverage for retired personnel shall parallel  the  coverage  pro-
 39    vided  to  active state employees to the extent necessary, and shall include a
 40    medicare credit for retirees who are covered by medicare. Any  increased  cost
 41    on  the  health  care  plan  for active employees as a result of such coverage
 42    costs shall be paid for by the state and by active state  employees  in  equal
 43    shares.  Retired  personnel shall be responsible for paying their own premiums
 44    for any plan of health care service insurance coverage  provided  pursuant  to
 45    this section. No coverage, policy or contract which provides coverage or bene-
 46    fits for personnel, dependents of personnel, or retired personnel shall create
 47    any  vested right or benefit for the retired personnel in retiree group insur-
 48    ance coverages.
                                                                        
 49        SECTION 2.  That Section 67-5762, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
 51        67-5762.  OBJECTIVES  AND  CONSIDERATIONS -- DATA COLLECTION -- REPORTS --
 52    COST  CONTAINMENT.  (1)  It  shall  be  the  director  of  the  department  of
 53    administration's objective to procure and maintain on behalf of  officers  and
                                                                        
                                           3
                                                                        
  1    employees  the  most  adequate  group  coverages reasonably obtainable for the
  2    money available for required premiums and prepayments.
  3        (2)  In the selection of insurers and health care service organizations to
  4    provide such coverages, the director shall:
  5        (a)  Ggive consideration to factors, other than lowest apparent premium or
  6        prepayment, such as risk retention, reserves, extent to which the  insurer
  7        or  organization will facilitate administration, and to its reputation and
  8        record for promptness and fairness in the treatment of claims, as well  as
  9        to its financial dependability; and
 10        (b)  Require  that  such  coverage include provisions for quality improve-
 11        ment, disease prevention, disease management, patient education  and  cost
 12        containment.
 13        (3)  In  cooperation  with  the  department  of health and welfare and the
 14    department of insurance, the department shall develop and  implement  policies
 15    and  procedures for the collection, processing, storage and analysis of clini-
 16    cal, financial, quality and restructuring data for the following purposes:
 17        (a)  To use, build and improve upon and coordinate existing  data  sources
 18        and  measurement efforts through the integration of data systems and stan-
 19        dardization concepts;
 20        (b)  To coordinate the development of a linked public and  private  sector
 21        information system;
 22        (c)  To  emphasize  data  that  is useful, relevant and not duplicative of
 23        existing data;
 24        (d)  To minimize the burden on those providing data; and
 25        (e)  To preserve the reliability, accuracy and integrity of collected data
 26        while ensuring that the data is available in the public domain.
 27        (4)  The department shall produce clearly labeled  and  easy-to-understand
 28    reports  as set forth in paragraphs (a) through (d) of this subsection. Unless
 29    otherwise specified, the department shall distribute the reports on a publicly
 30    accessible site on the internet or via mail or e-mail, through the creation of
 31    a list of interested parties. The department shall publish  a  notice  of  the
 32    availability  of  these  reports at least once per year in the three (3) daily
 33    newspapers of the greatest general circulation published  in  the  state.  The
 34    department shall make reports available to members of the public upon request.
 35        (a)  Quality.  At  a  minimum,  the  department  shall develop and produce
 36        annual quality reports.
 37        (b)  Price. At a minimum, the department shall develop and produce  annual
 38        reports  on  prices  charged  for  the  twenty  (20) most common services,
 39        excluding emergency services,  provided  by  health  care  facilities  and
 40        health  care  practitioners. For health care facilities, the reports shall
 41        include, but are not limited to, the average price charged per service per
 42        facility and the total number of services per facility.
 43        (c)  Comparison report. At a minimum, the  department  shall  develop  and
 44        produce  an  annual  report  that  compares  the  twenty  (20) most common
 45        diagnosis-related groups and the twenty (20) most common outpatient proce-
 46        dures for all hospitals in the state and the twenty (20) most common  pro-
 47        cedures  for  nonhospital  health  care facilities in the state to similar
 48        data for medical care rendered in other states, when such data are  avail-
 49        able.
 50        (d)  Physician  services. The department shall provide an annual report of
 51        the ten (10) services and procedures most often  provided  by  osteopathic
 52        and allopathic physicians in the private office setting in this state. The
 53        department  shall distribute this report to all physician practices in the
 54        state. The first report shall be produced by July 1, 2005.
 55        (5)  Cost containment.
                                                                        
                                           4
                                                                        
  1        (a)  Each health care practitioner in this state offering services  pursu-
  2        ant  to  a  plan  as  set  forth in this chapter may voluntarily limit the
  3        growth of net revenue of the practitioner's practice to three percent (3%)
  4        for the fiscal year beginning July 1, 2006, and ending June 30, 2007.
  5        (b)  Each hospital offering services pursuant to a plan as  set  forth  in
  6        this chapter may voluntarily restrain cost increases, measured as expenses
  7        per  case  mix  adjusted  discharge, to no more than three and five-tenths
  8        percent (3.5%) for the fiscal year beginning July 1, 2006, and ending June
  9        30, 2007. Each hospital is asked to voluntarily hold hospital consolidated
 10        operating margins to no more than three percent (3%) for the  fiscal  year
 11        beginning July 1, 2006, and ending June 30, 2007.
 12        (c)  Each  health  insurance  carrier in this state offering a plan as set
 13        forth in this chapter may voluntarily limit the  pricing  of  products  it
 14        sells  in this state to the level that supports no more than three percent
 15        (3%) underwriting gain less federal taxes for the fiscal year.
                                                                        
 16        SECTION 3.  That Section 67-5763, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        67-5763.  GOVERNMENTAL  BODY AUTHORIZED TO MAKE CONTRACTS FOR GROUP INSUR-
 19    ANCE FOR OFFICERS AND EMPLOYEES GOVERNMENTAL BODIES -- GOVERNANCE. Any (1)  On
 20    and  after  July  1, 2006, every school district, municipality, county, or and
 21    the state of Idaho, or and every other political subdivision of the  state  of
 22    Idaho,  is hereby authorized to make contracts shall contract with the depart-
 23    ment of administration for a plan of group  insurance  and  arrangements  with
 24    prepayment plans, insuring and covering life, health, hospitalization, medical
 25    and  surgical  service and expense, accident insurance, contracts of annuities
 26    and pensions, or any one (1) or more of such forms  of  insurance,  annuities,
 27    pensions,  or  prepayment  plans of coverage for the benefit of its elected or
 28    appointed officers and employees including life, hospitalization, medical  and
 29    surgical  expense insurance or prepayment plan coverage for dependents of such
 30    officers and employees.
 31        (2)  The governance of such a group insurance plan shall be determined  by
 32    the  director of the department of administration and representatives from the
 33    school districts, municipalities, counties and other political subdivisions of
 34    the state, provided that plan enrollees and experts in  health  care  delivery
 35    and cost containment may be consulted in such determinations.
                                                                        
 36        SECTION  4.  That  Section 67-5767, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        67-5767.  DIRECTOR MAY SHALL PROVIDE SERVICE TO SCHOOL DISTRICTS AND OTHER
 39    POLITICAL SUBDIVISIONS. (1) Under terms and procedures mutually agreed upon by
 40    contract, the director of the department of administration  may  shall  render
 41    the  same  services  with respect to personnel of any school district or other
 42    political subdivision of the state of Idaho. The cost of any group  insurance,
 43    group  annuity  or health care service coverage so provided and of administra-
 44    tion thereof shall be borne by the school district or political subdivision.
 45        (2)  Governmental entity for the purpose of this section means any organi-
 46    zation composed of units of government of Idaho or organizations  funded  only
 47    by  government  or government employee contributions or organizations who dis-
 48    charge governmental responsibilities that would otherwise be performed by gov-
 49    ernment.  All government entities are deemed to be political subdivisions  for
 50    the purpose of this act chapter.
                                                                        
                                           5
                                                                        
  1        SECTION  5.  That  Section 67-5769, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        67-5769.  INTER-DEPARTMENTAL TRANSACTIONS --  ADMINISTRATIVE  CONTRIBUTION
  4    --  AMOUNTS  --  LIMITS  --  REFUNDS -- APPROPRIATION. (1) The director of the
  5    department of administration shall charge each office,  department,  division,
  6    board, commission, institution, agency, and operation, school district, munic-
  7    ipality,  county  and  other  political subdivision of the state, personnel of
  8    which is currently covered under one (1) or more group plans  administered  by
  9    the  director,  and  receive  payment  in advance for its properly apportioned
 10    share of the cost thereof. To the amount otherwise so found due for payment of
 11    premiums and prepayments for coverages, the director shall  add  a  separately
 12    stated  administrative contribution of such percentage, rate, or proportionate
 13    amount as may reasonably be required to  pay  the  costs  of  maintaining  the
 14    office  of group insurance, including personnel costs, operating expenditures,
 15    and expenditures for capital outlay items. The  director  shall  allocate  the
 16    apportioned share of the reasonable costs of administering this act chapter to
 17    each  participating  state  unit  in  the  same  proportion that the amount of
 18    employees of the unit, excluding temporary or part time, bears  to  the  total
 19    number  of  employees, excluding temporary or part time, of all combined units
 20    covered by this act chapter.
 21        (2)  As to a particular office, department, division,  board,  commission,
 22    institution,  agency,  or  operation, school district, municipality, county or
 23    other political subdivision of this state, such charges and payments shall not
 24    exceed the sum of (a) appropriated funds currently available for the  purpose,
 25    and (b) amounts currently deducted from the salaries and other compensation of
 26    covered personnel specifically for the insurance or coverage. On or before the
 27    first  day  of August of each year, the director shall furnish each department
 28    with an estimate of the cost of insurance or coverage for the upcoming  fiscal
 29    year.
 30        (3)  Refunds  on  premiums or prepayments, profit sharing, experience sav-
 31    ings and refunds and other  contract  returns  received  by  the  director  on
 32    account  of group policies and group contracts shall be retained by the direc-
 33    tor and used for application upon future premiums and prepayments as equitably
 34    apportioned by the director.
 35        (4)  Moneys received by the director under this section shall be deposited
 36    to the credit of the group insurance account in the agency asset fund, and are
 37    hereby continually appropriated for the uses for which charged  and  received,
 38    or as stated in subsection (3) of this section. Pending such use, such surplus
 39    moneys shall be invested by the state treasurer in the same manner as provided
 40    for  under  section  67-1210, Idaho Code, with respect to other idle moneys in
 41    the state treasury. All interest or other yield on such investments  shall  be
 42    credited to the respective group insurance account.
                                                                        
 43        SECTION  6.  This  act shall be in full force and effect on and after July
 44    1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14237

     This legislation will combine state employee, school
districts, municipalities and counties into one health plan. It
also establishes the governance of this health plan, requires
that the health plan coverage addresses quality improvement,
disease prevention, disease management, patient education and
cost containment.  It will also provide for data collection and
analysis.  Reporting of the quality, price and health services
provided to plan members will also be required.


                          FISCAL IMPACT
     
     The cost of the additional members will be born by the
respective governmental entities.  There may be additional cost
for data collection and analysis.

Contact
Name:  Representative Henbest 
Phone: 332-1000
Name:  Representative Jaquet
phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                      H 834