Chapter 124

2011 -- S 0483

Enacted 06/28/11

 

A N A C T

RELATING TO INSURANCE -- HEALTH

 

     Introduced By: Senators Gallo, DeVall, and DiPalma

     Date Introduced: March 10, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 27-73-2 and 27-73-4 of the General Laws in Chapter 27-73

entitled "Rhode Island Public School Employee Uniform Benefit Act" are hereby amended to

read as follows:

 

     27-73-2. Program implementation. -- (a) Upon implementation recommendation 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 may

implement one or more benefit plan design(s) including, but not limited to, those authorized

recommended in accordance with this chapter.

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

designs approved recommended 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 recommended 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.

 

     27-73-4. 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 recommend, 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 recommended 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, 2011.

      (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, 2011 January

1, 2012, with recommendations on the means, feasibility and benefits of developing a statewide

health benefit purchasing arrangement for public school employees.

 

     SECTION 2. 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 June September 30, 2011 shall may, upon

expiration of such collective bargaining agreements, receive coverage under benefit plans

authorized including, but not limited to, those recommended in accordance with chapter 27-73.

 

     SECTION 3. 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 June September 30, 2011 shall may, upon expiration of

such collective bargaining agreements, receive benefit plans authorized including, but not limited

to, those recommended in accordance with chapter 27-73.

 

     SECTION 4. This act shall take effect upon passage.

     

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LC01967

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