Chapter 383

2009 -- H 5613 SUBSTITUTE A

Enacted 01/05/10

 

A N A C T

RELATING TO INSURANCE -- TEACHERS' HEALTH INSURANCE

          

     Introduced By: Representatives McNamara, Gallison, and Malik

     Date Introduced: February 25, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 28-9.3-2 of the General Laws in Chapter 28-9.3 entitled "Certified

School Teachers' Arbitration" is hereby amended to read as follows:

 

     28-9.3-2. Right to organize and bargain collectively. -- (a) The certified teachers in the

public school system in any city, town, or regional school district have the right to negotiate

professionally and to bargain collectively with their respective school committees and to be

represented by an association or labor organization in the negotiation or collective bargaining

concerning hours, salary, working conditions, and all other terms and conditions of professional

employment.

      (b) For purposes of this chapter, "certified teachers" means certified teaching personnel

employed in the public school systems in the state of Rhode Island engaged in teaching duties,

including support personnel whose positions require a professional certificate issued by the state

department of education and personnel licensed by the department of health; or other non-

administrative professional employees.

      (c) Superintendents, assistant superintendents, principals, and assistant principals, and

other supervisors above the rank of assistant principal, are excluded from the provisions of this

chapter.

     (d) Notwithstanding the provisions of subsection (a), collective bargaining agreements

shall not provide for benefits for health care ("benefit plans") for certified employees unless such

benefit plans are authorized in accordance with chapter 27-73. Active employees whose

collective bargaining agreements expire on or after July 1, 2010 shall, upon expiration of such

collective bargaining agreements, receive coverage under benefit plans authorized in accordance

with chapter 27-73.

 

     SECTION 2. Section 28-9.4-3 of the General Laws in Chapter 28-9.4 entitled "Municipal

Employees' Arbitration" is hereby amended to read as follows:

 

     28-9.4-3. Right to organize and bargain collectively. (a) The municipal employees of

any municipal employer in any city, town, or regional school district shall have the right to

negotiate and to bargain collectively with their respective municipal employers and to be

represented by an employee organization in the negotiation or collective bargaining concerning

hours, salary, working conditions, and all other terms and conditions of employment.

     (b) Notwithstanding the provisions of subsection (a), for those municipal employees who

are employed by school districts, collective bargaining agreements shall not provide for benefits

for health care ("benefit plans") for school district employees unless such benefit plans are

authorized in accordance with chapter 27-73. School district employees whose collective

bargaining agreements expire on or after July 1, 2010 shall, upon expiration of such collective

bargaining agreements, receive benefit plans authorized in accordance with chapter 27-73.

 

     SECTION 3. Title 27 of the General Laws entitled "INSURANCE" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 73

RHODE ISLAND PUBLIC SCHOOL EMPLOYEE UNIFORM BENEFIT ACT

 

     27-73-1. Title and purpose. (a) This chapter shall be known and may be cited as the

Rhode Island Public School Employee Uniform Benefit Act.”

     (b) The purpose of this chapter is to create uniform medical and prescription drug benefit

plan designs for Rhode Island school district and charter school employees.

 

     27-73-2. Program implementation. (a) Upon implementation of the uniform health

care benefit plan designs or at such other time as specified herein or as specified in sections

28-9.3-2 and 28-9.4-3, all public school districts and charter schools shall implement one or more

benefit plan design(s) authorized in accordance with this chapter.

     (b) Upon expiration of collective bargaining agreements, only benefit plan designs

approved by the board in accordance with this chapter may be specified in future collective

bargaining agreements.

     (c) Choice of benefit plan designs from those approved in accordance with section 27-73-

4, medical insurance cost-sharing, payment for waiving medical insurance, eligibility for

receiving benefits, and providing benefits for retirees shall continue to be negotiated pursuant to

sections 28-9-3 and 28-9-4.

     (d) Each municipality, district or charter school, may, at its discretion, contract for and

manage benefit plans under this chapter, either directly or indirectly, through municipal, district

or charter arrangements with insurance purchasing collaboratives or joint purchasing groups.

 

     27-73-3. Board of directors established. – (a) There is established the board of directors

of the Rhode Island uniform public school employees’ health care benefits program (“board”).

     (b) The board shall consist of twelve (12) members, as follows:

     (1) Two (2) members shall be appointed by the president of the Rhode Island Federation

of Teachers and Health Professionals and may be active or retired teachers or officials from the

union;

     (2) Two (2) members shall be appointed by the president of the National Education

Association of Rhode Island, and may be active or retired teachers or officials from the union;

     (3) One member shall be appointed by the president of RI Council 94 of the American

Federation of State, County and Municipal Employees;

     (4) One member shall be appointed by the president of the Laborers International Union

of North America;

     (5) Two (2) members shall be appointed by the president of the Rhode Island Association

of School Committees;

     (6) Two (2) members shall be appointed by the Rhode Island School Superintendents'

Association;

     (7) Two (2) members shall be appointed by the president of the Rhode Island Association

of School Business Managers; and

      (c) Each appointing authority may remove or replace any member appointed by that

appointing authority at any time.

     (d) Members of the board shall serve without compensation.

     (e) The board shall be initially convened by the Rhode Island department of education on

or before September 15, 2009.

     (f) A technical advisory committee to the board shall be created concurrently with the

board. The advisory committee shall receive adequate notice to be in attendance and to provide a

report at each of the board meetings. The advisory committee shall be composed of one

representative of each of the following: the department of elementary and secondary education,

the department of administration, the League of Charter Schools and each of the municipal

insurance purchasing collaboratives. The department of administration representative shall serve

as chair and convener of the advisory committee.

 

     27-73-4. Powers, duties, and functions of the board. (a) The board shall have the

following powers, duties and functions relative to active full-time certified employees pursuant to

section 28-9.3-2, and active full-time school district employees pursuant to section 28-9.4-3:

     (1) To design and approve, with input and recommendations from the technical advisory

committee, medical benefits plan designs and prescription drug coverage plan designs in

accordance with the following:

     (i) To design at least six (6) uniform benefit plan designs for all Rhode Island public

school employees.

     (ii) Benefit plan designs shall include at least one managed care option, at least four (4)

preferred provider organization (PPO) options, and at least one health savings account (HSA)

compatible high deductible health plan (HDHP) option.

     (iii) The actuarial value of any of the approved benefit plan designs may not be greater

than the actuarial value of the state employee health plan in effect as of the date the plan designs

are approved.

     (iv) The PPO options shall reflect four (4) different levels of plan design, with a

minimum actuarial difference between each of the plan designs of seven and one-half percent

(7.5%).

     (v) The actuarial value of the lowest board-approved benefit plan design shall not be

greater than the actuarial value of the public school employee benefit plan design with the lowest

actuarial value in effect in the state on January 1, 2010.

     (b) To monitor the implementation of the uniform benefit plan designs and to recommend

modifications to such benefit plan designs as appropriate.

     (c) To report to the governor and general assembly on or before April 15, 2010, with

recommendations on the means, feasibility and benefits of developing a statewide health benefit

purchasing arrangement for public school employees.

 

     27-73-5. Officers, quorum, meetings. (a) The board shall elect from its own

membership such officers as it sees fit;

     (b) Seven (7) members of the board in office shall constitute a quorum;

     (c) Decisions of the board shall be made by a majority vote of the members present;

     (d) Meetings may be called by the chair, or at the written request of four (4) members;

     (e) The board shall hold regular meetings at least once every month, and those meetings

shall be open to the public in accordance with chapter 42-46 ("Open Meetings").

 

     SECTION 4. This act shall take effect upon passage.

     

=======

LC01289/SUB A

=======