ARTICLE 2 AS AMENDED

RELATING TO MEDICARE EXCHANGE PROGRAM FOR MEDICARE ELIGIBLE

RETIREES

 

     SECTION 1. Sections 36-12-1 and 36-12-4 of the General Laws in Chapter 36-12

entitled "Insurance Benefits" are hereby amended to read as follows:

 

     36-12-1. Definitions. -- The following words, as used in sections 36-12-1 -- 36-12-14,

shall have the following meanings:

      (1) "Employer", means the state of Rhode Island.

      (2) "Employee", means all persons who are classified employees as the term "classified

employee" is defined under section 36-3-3, and all persons in the unclassified and non-classified

service of the state; provided, however, that the following shall not be included as "employees"

under sections 36-12-1 -- 36-12-14:

      (i) Part-time personnel whose work week is less than twenty (20) hours a week and

limited period and seasonal personnel;

      (ii) Members of the general assembly, its clerks, doorkeepers, and pages.

      (3) "Dependents" means an employee's spouse, domestic partner and unmarried children

under nineteen (19) years of age. Domestic partners shall certify by affidavit to the benefits

director of the division of personnel that the (i) partners are at least eighteen (18) years of age and

are mentally competent to contract, (ii) partners are not married to anyone, (iii) partners are not

related by blood to a degree which would prohibit marriage in the state of Rhode Island, (iv)

partners reside together and have resided together for at least one year, (v) partners are financially

interdependent as evidenced by at least two (2) of the following: (A) domestic partnership

agreement or relationship contract; (B) joint mortgage or joint ownership of primary residence,

(C) two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit

account; (IV) joint lease; and/or (D) the domestic partner has been designated as a beneficiary for

the employee's will, retirement contract or life insurance. Misrepresentation of information in the

affidavit will result in an obligation to repay the benefits received, and a civil fine not to exceed

one thousand dollars ($1000) enforceable by the attorney general and payable to the general fund.

The employee will notify the benefits director of the division of personnel by completion of a

form prescribed by the benefits director when the domestic partnership ends.

      (4) "Retired employee", means all persons retired from the active service of the state,

who, immediately prior to retirement, were employees of the state as determined by the

retirement board under section 36-8-1, and also all retired teachers who have elected to come

under the employees' retirement system of the state of Rhode Island.

     (5) "State retiree", means all persons retired from the active service of the state who,

immediately prior to retirement, were employees of the state as determined by the retirement

board under section 36-8-1.

     (6) "Teacher retiree", means all retired teachers who have elected to come under the

employees' retirement system of the state of Rhode Island.

      (5)(7) "Long-term health care insurance", means any insurance policy or rider

advertised, marketed, offered, or designed to provide coverage for not less than twelve (12)

consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other

basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic,

rehabilitative, maintenance, or personal care services, provided in a setting other than an acute

care unit of a hospital. The term includes: group and individual policies or riders whether issued

by insurers, fraternal benefit societies, nonprofit health, hospital, and medical service

corporations; prepaid health plans, health maintenance organizations; or any similar organization.

Long-term health care insurance shall not include: any insurance policy which is offered

primarily to provide basic medicare supplement coverage; basic hospital expense coverage; basic

medical-surgical expense coverage; hospital confinement indemnity coverage; major medical

expense coverage; disability income protection coverage; accident only coverage; specified

disease or specified accident coverage; or limited benefit health coverage. This list of excluded

coverages is illustrative and is not intended to be all inclusive.

      (6)(8) "Non-Medicare-eligible retiree "Retiree health care insurance", means the health

benefit employees who retire from active service of the state (subsequent to July 1, 1989), who

immediately prior to retirement were employees of the state as determined by the retirement

board pursuant to section 36-8-1, shall be entitled to receive, until attaining Medicare eligibility.

which This health care insurance shall be equal to semi-private hospital care, surgical/medical

care and major medical with a one hundred seventy-five dollar ($175) calendar year deductible.

Employees who retire prior to age sixty-five (65) shall, upon the attainment of Medicare

eligibility, receive hospital care, surgical/medical services, rights and benefits which, when taken

together with their federal Medicare program benefits (public law 89-97), 42 U.S.C. section 1305

et seq., shall be comparable to those provided for retirees prior to that age. The aforementioned

program will be provided on a shared basis in accordance with section 36-12-4.

     (9) "Medicare-eligible retiree health care insurance", means the health benefit employees

who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to

retirement were employees of the state as determined by the retirement board pursuant to section

36-8-1, shall have access to when eligible for Medicare. This health care insurance shall include

plans providing hospital care, surgical/medical services, rights and benefits which, when taken

together with their federal Medicare program benefits, 42 U.S.C. section 1305 et seq., shall be

comparable to those provided for retirees prior to the attainment of Medicare eligibility.

     (10) "Health reimbursement arrangement", or "HRA" means an account that:

     (i) Is paid for and funded solely by state contributions;

     (ii) Reimburses a Medicare-eligible state retiree for medical care expenses as defined in

section 213(d) of the Internal Revenue Code of 1986, as amended, which includes

reimbursements for health care insurance premiums;

     (iii) Provides reimbursements up to a maximum dollar amount for a coverage period; and

     (iv) Provides that any unused portion of the maximum dollar amount at the end of a

coverage period is carried forward to increase the maximum reimbursement amount in

subsequent coverage periods.

 

     36-12-4. Coverage of retired employees Coverage of Non-Medicare-eligible retired

employees. -- (a) Non-Medicare-eligible retired Retired employees who retire retired on or before

September 30, 2008. - Any retired employee who retired on or before September 30, 2008 shall

be entitled, until attaining Medicare eligibility, to be covered under sections 36-12-1 -- 36-12-5

for himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents,

upon agreeing to pay the total cost of his or her contract at the group rate for active state

employees. Payments of any non-Medicare-eligible retired employee for coverage shall be

deducted from his or her retirement allowance and remitted from time to time in payment for such

contract. In addition, any retired employee who retired on or before September 30, 2008 shall be

permitted to purchase coverage for his or her non-Medicare-eligible dependents upon agreeing to

pay the additional cost of the contract at the group rate for active state employees. Payment for

coverage for these dependents shall be deducted from his or her retirement allowances and

remitted as required in payment for the contract.

     (b) Non-Medicare-eligible State state employees retirees who retire retired subsequent to

July 1, 1989, and on or before September 30, 2008. Non-Medicare-eligible state retirees State

employees who retire retired subsequent to July 1, 1989, and on or before September 30, 2008,

from active service of the state, and who were employees of the state as determined by the

retirement board under section36-8-1, shall be entitled to receive for himself or herself non-

Medicare-eligible a retiree health care insurance benefit as described in section36-12-1 in

accordance with the following formula:

 

 Years of                                 Age                               State's                  Employee's

  Service                          at Retirement                         Share                            Share

  10-15                                      60                                 50%                             50%

  16-22                                      60                                 70%                             30%

  23-27                                      60                                 80%                             20%

  28+                                         --                                  90%                             10%

  28+                                         60                                 100%                            0%

  35+                                         any                               100%                            0%

 

     If the retired employee is receiving a subsidy on September 30, 2008, the state will

continue to pay the same subsidy share until the retiree attains age sixty-five (65).

     Until December 31, 2013, when When the state retiree reaches that age which will

qualify him or her for Medicare supplement, the formula shall be:

 

  Years of Service                     State's Contribution                                Employees' Share

  10 – 15                                               50%                                                     50%

  16 – 19                                               70%                                                     30%

  20 – 27                                               90%                                                     10%

  28+                                                     100%                                                    0%

 

     (c) Non-Medicare-eligible retired Retired employees who retire on or after October 1,

2008. Any retired employee who retires on or after October 1, 2008 shall be entitled, until

attaining Medicare eligibility, to be covered under sections 36-12-1 – 36-12-5 for himself and

herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing to

pay the total cost of the contract in the plan in which he or she enrolls. Payments of any non-

Medicare-eligible retired employee for coverage shall be deducted from his or her retirement

allowance and remitted from time to time in payment for such contract. Any retired employee

who retires on or after October 1, 2008, shall be permitted to purchase coverage for his or her

non-Medicare-eligible dependents upon agreeing to pay the additional cost of the contract at the

group rate for the plan in which the dependent is enrolled. Payment for coverage for these

dependents shall be deducted from the retired employee's retirement allowances and remitted as

required in payment for the contract. The Director of Administration shall develop and present to

the chairpersons of the House Finance Committee and the Senate Finance Committee by May 23,

2008 a retiree health plan option or options to be offered to retirees eligible for state-sponsored

medical coverage who are under age sixty-five (65) or are not eligible for Medicare. This plan

will have a reduced benefit level and will have an actuarially based premium cost not greater than

the premium cost of the plan offered to the active state employee population. This new plan

option will be available to employees retiring after September 30, 2008, and their non-Medicare-

eligible dependents.

     (d) Non-Medicare-eligible State state employees retirees who retire on or after October 1,

2008. Employees Non-Medicare-eligible state retirees who retire on or after October 1, 2008

from active service of the state, and who were employees of the state as determined by the

retirement board under section 36-8-1, and who have a minimum of twenty (20) years of service,

and who are a minimum of fifty-nine (59) years of age, shall be entitled to receive for himself or

herself a non-Medicare-eligible retiree health care insurance benefit as described in section 36-

12-1. The State state will subsidize 80% of the cost of the health insurance plan for individual

coverage in which the retired state employee retiree is enrolled in. Payments of any retired

employee for coverage shall be deducted from his or her retirement allowance and remitted from

time to time in payment for such contract.

     (e) Medicare-eligible state retirees who retire on or after October 1, 2008. Until

December 31, 2013, the state shall subsidize eighty percent (80%) of the cost of the Medicare-

eligible health insurance plan for individual coverage in which the state retiree is enrolled,

provided the employee retired on or after October 1, 2008; has a minimum of twenty (20) years of

service; and is a minimum of fifty-nine (59) years of age. Payments for coverage shall be

deducted from his or her retirement allowance and remitted from time to time in payment for such

health insurance plan.

     (e)(f) Retired employees, including retired teachers, who are non-Medicare-eligible and

who reach the age of sixty-five (65) shall be allowed to continue to purchase group health care

insurance benefits in the same manner as those provided to retired employees who have not

reached the age of sixty-five (65).

 

     SECTION 2. Chapter 36-12 of the General Laws entitled "Insurance Benefits" is hereby

amended by adding thereto the following section:

 

     36-12-4.1. Coverage of Medicare-eligible retired employees. -- (a) The director of the

department of administration shall ensure retired employees access to Medicare-eligible retiree

health care insurance. Under this program, the state will establish a health reimbursement account

(HRA) funded by state contributions for each Medicare-eligible state retiree who elects to receive

health care insurance through the state-sponsored program.

     (b) The funds contained in the HRA may be utilized for any eligible medical care

expenses as defined in section 213(d) of the Internal Revenue Code of 1986, as amended, which

includes reimbursements for health care insurance premiums.

     (c) The director of the department of administration shall procure services to maximize

consumer choice and options with respect to the individual policies available to Medicare-eligible

retirees.

     (d) The maximum state contribution to each Medicare-eligible state retiree's HRA

account will be equal to the lowest-cost Medicare supplemental plan that is filed with the Office

of the Health Insurance Commissioner of Rhode Island, that is available through the state-

sponsored program, and that meets the provisions of the Medicare-eligible retiree health care

insurance benefit defined in section 36-12-1(9). The maximum state contribution will vary by age

as specified by the rates set forth in the Medicare supplemental plan filing.

      (e) For Medicare-eligible state retirees who retired before September 30, 2008, effective

January 1, 2014, the state of Rhode Island will credit an amount to each retiree's HRA account on

a monthly basis. The amount of such credit shall be calculated based on the retiree's years of

service, as a percentage of the maximum state contribution set forth in (d) above, and in

accordance with the following formula:

 

Years of Service                       State's Contribution                                Employees Share

      10 – 15                                           50%                                                     50%

      16 – 19                                           70%                                                     30%

      20 – 27                                           90%                                                     10%

      28+                                                 100%                                                    0%

 

     (f) For Medicare-eligible state retirees who retire on or after October 1, 2008, effective

January 1, 2014, the state of Rhode Island will credit monthly an amount to each retiree's HRA

account equal to 80% of the maximum state contribution set forth in (d) above, provided the

retiree has a minimum of twenty (20) years of service and is at least fifty-nine (59) years of age.

     (g) Medicare-eligible teacher retirees may purchase the individual policies available to

Medicare-eligible state retirees under the state-sponsored program.

 

     SECTION 3. This article shall take effect as of July 1, 2013.