Budget Amendment ID: FY2012-S3-73
LOC 73
Municipal Health Care Negotiations
Mr. Keenan moved that the proposed new text be amended by striking out Sections 48 and 49, and, further, by striking out Section 51 in its entirety and inserting in place thereof the following:-
"SECTION 51. Section 19 of Chapter 32B is hereby further amended by striking said section in its entirety and inserting the following:
Section 19. (a) Other than in the case of an appropriate public authority of a political subdivision having previously entered into an agreement, either executed or modified, with a public employee committee to provide health insurance coverage to its subscribers by the transferring of the subscribers into the commission, with said agreement in effect on or before July 1, 2011 or on or before each July 1 thereafter, or in the case where the appropriate public authority of a political subdivision votes after July 1, 2011 but on or before July 31, 2011, or after each subsequent July 1 but on or before each subsequent July 31, to exempt itself from the provisions of this section, and notwithstanding any other provision of this chapter, the appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers by acceptance of any other section of this chapter may instead provide health insurance coverage to all its subscribers pursuant to this section by entering into contracts with health insurance carriers or by transferring its subscribers to the commission under subsection (m). Except as otherwise provided in subsection (m), a contract with a health insurance carrier shall be in conformity with an agreement reached by an appropriate public authority and a public employee committee.
For the purposes of this section, the term “subscribers” shall mean employees, retirees, surviving spouses and dependents of the political subdivision and may include employees, retirees, surviving spouses and dependents of a district who previously received health insurance benefits through the political subdivision accepting this section, and for the purposes of this section, a health insurance carrier shall include any insurance company organized pursuant to chapter 175, hospital service corporation organized pursuant to chapter 176A, medical service corporation organized pursuant to chapter 176B, health maintenance organization organized pursuant to chapter 176G, preferred provider organization organized pursuant to chapter 176I and, in the case of a political subdivision which is partially or fully self-insured with respect to health insurance coverage, any third party administrator selected by the political subdivision, which may include, but shall not be limited to, a health insurance carrier.
(b) If a public employee committee has not been established as of July 1, 2011, then one shall be formed on or before July 31, 2011 and shall remained formed thereafter, exclusively to carry out the provisions of this section, provided the appropriate public authority of a political subdivision has not entered into an agreement as set forth in subsection (a) to provide health insurance coverage to its subscribers by the transferring of the subscribers into the commission, or has not, as set forth in subsection (a), voted to exempt itself from the provisions of this section.
The public employee committee shall include a representative of each collective bargaining unit with which the political subdivision negotiates under chapter 150E and a retiree representative. The retiree representative shall be designated by the Retired State, County and Municipal Employees Association.
The retiree representative shall have a 10 per cent vote. The remaining 90 per cent vote shall be divided so that each collective bargaining unit represented on the public employee committee shall have a weighted vote equal to the proportion which the number of employees eligible for health insurance under this chapter employed in the bargaining unit he represents bears to the total number of employees eligible for health insurance in all bargaining units of the political subdivision. An agreement with the appropriate public authority shall be approved by a majority of the weighted votes of the representatives on the public employee committee and shall be binding on all subscribers and their representatives.
(c) On or before July 31, 2011, and July 31 of each year thereafter, provided the appropriate public authority of a political subdivision has not entered into an agreement as set forth in subsection (a) to provide health insurance coverage to its subscribers by the transferring of the subscribers into the commission, or has not, as set forth in subsection (a), voted to exempt itself from the provisions of this section, a municipal health insurance review panel shall be established, which shall be comprised of 3 members, 1 of whom shall be appointed by the public employee committee, 1 of whom shall be appointed by the public authority, and 1 of whom shall be selected through the secretary of administration and finance, who shall forward to the appropriate public authority and the public employee committee a list of 3 impartial potential members, each of whom shall have professional experience in municipal finance or municipal health benefits, from which the appropriate public authority and the public employee committee may jointly select the third member; provided, however, that if the appropriate public authority and the public employee committee cannot agree within 3 business days upon which person to select as the third member of the panel, the secretary of administration and finance shall select the final member of the panel. Any fee or compensation provided to the member of the panel selected by the public employee committee shall be paid by said committee, any fee or compensation provided to the member of the panel selected by the appropriate public authority shall be paid by said authority, and any fee or compensation provided to the third member shall be shared equally between the public employee committee and the appropriate public authority.
(d) On or before August 15, 2011, and August 15 of each year thereafter, with 7 days notice from the appropriate public authority to the public employee committee and the municipal health insurance review panel, the appropriate public authority and the public employee committee shall meet to enter into negotiations to implement changes to health insurance benefits under this section. The notice of the appropriate public authority shall detail any proposed changes to the health insurance coverage provided as of June 30, 2011 and June 30 each year thereafter, the appropriate public authority’s estimate of its anticipated savings of such changes and a proposal to mitigate, moderate or cap the impact of these changes for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, who would otherwise be disproportionately affected. A copy of the notice shall be forwarded to the commission, which upon receipt of the notice shall as soon as practicable thereafter forward to the appropriate public authority a report detailing the median plan design features offered by the commission for a non-medicare plan under section 4 of chapter 32A and for a medicare-extension plan under section 10C of chapter 32A. Copies of the reports of the commission shall be provided by the appropriate public authority to the public employee committee and the municipal health insurance review panel prior to the first meeting scheduled under this subsection.
As used in this section, the word “savings” shall, unless the context clearly requires otherwise, mean the difference between the total projected premium costs for health insurance benefits provided by a political subdivision with changes to health insurance benefits that may be proposed by the either the appropriate public authority and the public employee committee as part of the negotiations under this section for the first fiscal year of such changes and the total projected premium costs for health insurance benefits provided by a political subdivision for the same fiscal year without such changes.
(e) At the first meeting set pursuant to the provisions of subsection (d), the public employee committee shall present to the appropriate public authority and the municipal health insurance review panel, proposed changes to the health insurance coverage provided as of June 30, 2011, or as of June 30 each year thereafter, the public employee committee’s estimate of its anticipated savings of such changes and a proposal to mitigate, moderate or cap the impact of these changes for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, who would otherwise be disproportionately affected.
(f) Either the public employee committee or the appropriate public authority may convene any subsequent meeting with notice of not less than 3 business days.
(g) The bargaining shall be conducted in good faith and completed no later than September 30, 2011, or September 30 each year thereafter.
(h) At and during each meeting of the appropriate public authority and public employee committee, the municipal health insurance review panel shall be present and shall observe and take note of the proceedings for purposes of preparing a report of the proceedings at the conclusion thereof.
(i) An agreement approved under this section shall be binding on all active and retired employees for whom health insurance coverage is being purchased, shall include measures that mitigate, moderate or cap the impact of any changes within the agreement for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, shall supersede any conflicting provision of a collective bargaining agreement and shall not be superseded in a statutory impasse proceeding under chapter 150E, but the agreement may include procedures for resolving an impasse in negotiations for a successor agreement. A dispute arising over the interpretation or application of the public employee committee agreement under this section may be submitted to binding arbitration under the labor arbitration provisions of the American Arbitration Association upon request of the public employee committee or the appropriate public authority, except as otherwise provided in subsection (n). A request shall be approved by a majority of the weighted votes of the representatives on the public employee committee as set forth in this section or, where applicable, by a majority vote of the appropriate public authority. A political subdivision which elects to provide health insurance coverage to subscribers under this section shall be deemed in full compliance with this chapter regulating the procurement of health insurance. A political subdivision which elects to provide health insurance coverage under this section pursuant to an agreement approved by a public employee committee, may provide such coverage either as a single political subdivision or, under section 12, through joint purchase with other political subdivisions or, with multiple political subdivisions, through a risk-sharing pool, trust or health insurance carrier or third party administrator, or by making payments to a health and welfare trust fund to provide health insurance coverage under this section either as a single political subdivision or with multiple political subdivisions. The appropriate public authority may contract with a health insurance carrier for direct coverage of subscribers for whom the carrier’s geographic service area provides appropriate access and coverage for other subscribers in accordance with subsection (l).
(j) Nothing in this section shall require, preclude or permit a change in any aspect of health insurance coverage for subscribers authorized by this section except where an agreement to provide for such change is reached by an appropriate public authority and a public employee committee in an agreement entered into or modified after the effective date of this section, except as provided in subsection (m).
(k) Nothing in this section shall relieve a political subdivision from providing health insurance coverage to an employee, retiree, surviving spouse or dependent to whom it has an obligation to provide coverage under any other provision of this chapter.
(l) The agreement reached between an appropriate public authority and the public employee committee shall provide for those subscribers who, by reason of residence or domicile, cannot be appropriately served within the service area of the health insurance carrier included in the agreement, subject to this subsection.
Coverage for subscribers under this subsection shall be pursuant to and in conformity with the agreement required by this section and shall conform to all requirements of this section. The agreement reached between an appropriate public authority and the public employee committee shall provide that a subscriber who for reasons of residency is not eligible for enrollment in any such plan offered by a political subdivision shall be covered under a plan offered under chapter 176I, if any such plan is provided for under the agreement, but a subscriber who lives 10 miles or more from the nearest primary care physician providing care under the plan shall have out-of-pocket payments and medical deductibles limited to the amount that he would have paid had he utilized the network of medical services of the plan offered under chapter 176I. If the agreement reached between the appropriate public authority and the public employee committee provides for only health maintenance organizations or other health insurance carriers that limit enrollment to a particular geographic area, then notwithstanding any general or special law to the contrary, health maintenance organizations or other health insurance carriers shall provide for the coverage of services provided or arranged for all subscribers who do not reside within the geographic service area by providing the same benefit schedule and premium contribution provided to subscribers residing within the carrier’s geographic service area including, but not limited to, covered services, out-of-pocket payments and medical deductibles for all medical services provided for or arranged under the agreement.
(m) A written agreement to transfer subscribers to the commission under this section shall be the sole means by which the subscribers of a political subdivision may be transferred to commission coverage, and where such an agreement, either executed or modified, reached by an appropriate public authority and the public employee so provides, the appropriate public authority shall notify the commission that it will transfer all subscribers for whom it provides health insurance coverage to the commission. The notice shall be provided to the commission by the appropriate public authority not later than October 1 of each year and the transfer of subscribers to the commission shall take effect on the following July 1. On the effective date of the transfer, the health insurance of all subscribers, including elderly governmental retirees previously governed by section 10B of chapter 32A and retired municipal teachers previously governed by section 12 of chapter 32A, shall be provided through the commission for all purposes and governed under this section. As of the effective date and for the duration of this transfer, subscribers transferred to the commission’s health insurance coverage shall receive group health insurance benefits determined exclusively by the commission and the coverage shall not be subject to collective bargaining, except for contribution ratios which shall be determined by the written agreement.
Subscribers transferred to the commission who are eligible or become eligible for Medicare coverage shall transfer to Medicare coverage, as prescribed by the commission. In the event of transfer to Medicare, the political subdivision shall pay any Medicare part B premium penalty assessed by the federal government on retirees, spouses and dependents as a result of enrollment in Medicare part B at the time of transfer into the Medicare health benefits supplement plan. For each subscriber’s premium and the political subdivision’s share of that premium, the subscriber and the political subdivision shall furnish to the commission, in such form and content as the commission shall prescribe, all information the commission deems necessary to maintain subscribers’ and covered dependents’ health insurance coverage. The appropriate public authority of the political subdivision shall perform such administrative functions and process such information as the commission deems necessary to maintain those subscribers’ health insurance coverage including, but not limited to, family and personnel status changes, and shall report all changes monthly to the commission. In the event that a political subdivision transfers subscribers to the commission under this section, subscribers may be withdrawn from commission coverage at either 3 or 6-year intervals from the date of transfer of subscribers to the commission, as determined by the written agreement which shall specify the withdrawal interval and withdrawal procedures. The written agreement may specify the procedures for resolving an impasse in negotiations over whether to withdraw from commission coverage and for determining health insurance coverage and contribution ratios for subscribers for the year following withdrawal from the commission. In the event that binding arbitration is included in the written agreement, the agreement shall provide that the dispute shall be submitted to arbitration and, if no method is provided of arbitration is provided in the agreement, then the dispute shall be administered by the American Arbitration Association under the procedures set forth in its Labor Arbitration Rules.
The decision and notice to withdraw shall be made by October 1 of the year prior to the effective date of withdrawal. All withdrawals shall be effective on July 1 following the political subdivision’s notice to the commission. Except as otherwise provided in the written agreement, withdrawal from commission coverage shall revoke acceptance of this section and any written agreements related to the implementation of this section as of the effective date of withdrawal. In the event that the acceptance of this section is revoked, the appropriate public authority of the political subdivision shall abide by all commission requirements for effectuating such withdrawal, including the notice requirements in this subsection. In the event a political subdivision withdraws from commission coverage under this section, such withdrawal shall be binding on all subscribers, including those subscribers who, prior to the transfer to the commission, received coverage from the commission under sections 10B and 12 of chapter 32A and, after withdrawal from the commission, those subscribers who received coverage from the commission under said sections 10B and 12 of said chapter 32A shall not pay more than 25 per cent of the cost of their health insurance premiums.
(n) To the extent authorized under chapter 32A, the commission shall provide group coverage of subscribers’ health claims incurred after transfer to the commission. The claim experience of those subscribers shall be maintained by the commission in a single pool and combined with the claim experience of all covered state employees and retirees and their covered dependents, including those subscribers who previously received coverage under sections 10B and 12 of chapter 32A.
Notwithstanding any general or special law to the contrary, a political subdivision that self-insures its group health insurance plan under section 3A and has a deficit in its claims trust fund at the time of transferring its subscribers to the commission and the deficit is attributable to a failure to accrue claims which had been incurred but not paid may capitalize the deficit and amortize the amount over 10 fiscal years in 10 equal amounts, or on a schedule providing for a more rapid amortization. Except as provided otherwise herein, subscribers eligible for health insurance coverage under subsection (e) shall be subject to all of the terms, conditions, schedule of benefits and health insurance carriers as employees and dependents as defined by section 2 and commission regulations. The commission shall determine all matters relating to subscribers’ group health insurance rights, responsibilities, costs and payments, excluding contribution ratios, and obligations, including but not limited to, the manner and method of payment, schedule of benefits, eligibility requirements and choice of health insurance carriers and these matters shall be determined exclusively by the commission and shall not be subject to collective bargaining, the written agreement under subsection (a) or to arbitration under the agreement. The commission may issue rules and regulations consistent with this section and shall provide public notice of any proposed rules and regulations and notice of thereof at the request of interested parties, together with an opportunity to review those rules and regulations and an opportunity to comment on those proposed rules and regulations in writing and at a public hearing, but the commission shall not be subject to chapter 30A.
The commission shall negotiate and purchase health insurance coverage for subscribers transferred under subsection (m) and shall promulgate regulations, policies and procedures for coverage of the transferred subscribers. The schedule of benefits available to transferred subscribers shall be determined by the commission pursuant to chapter 32A. The commission shall offer those subscribers the same choice as to health insurance carriers and benefits as those provided to state employees and retirees. The political subdivision’s contribution to the cost of health insurance coverage for transferred subscribers shall be as determined under this section, and shall not be subject to the provisions on contributions in said chapter 32A. Any change to the premium contribution ratios shall become effective on July 1 of each year, with notice to the commission of such change not later than January 15 of the same year.
A political subdivision that transfers subscribers to the commission shall pay the commission for all costs of its subscribers’ coverage, including administrative expenses, and the governmental unit’s cost of subscribers’ premium. The commission shall determine on a periodic basis the amount of premium which the political subdivision shall pay to the commission. If the political subdivision unit fails to pay all or a portion of these costs according to the timetable determined by the commission, the commission may inform the state treasurer who shall issue a warrant in the manner provided by section 20 of chapter 59 requiring the respective political subdivision to pay into the treasury of the commonwealth as prescribed by the commission the amount of the premium and administrative expenses attributable to the political subdivision. The state treasurer shall recoup any past due costs from the political subdivision’s cherry sheet under section 20A of chapter 58 and transfer that money to the commission. If a governmental unit fails to pay to the commission the costs of coverage for more than 90 days and the cherry sheet provides an inadequate source of payment, the commission may, at its discretion, cancel the coverage of subscribers of the political subdivision. If the cancellation of coverage is for nonpayment, the political subdivision shall provide all subscribers health insurance coverage under plans which are the actuarial equivalent of plans offered by the commission in the preceding year until there is an agreement with the public employee committee providing for replacement coverage.
The commission may charge the political subdivision an administrative fee, which shall not be more than 1 per cent of the cost of total premiums for the political subdivision, to be determined by the commission which shall be considered as part of the cost of coverage for purposes of determining the contributions of the political subdivision and its employees to the cost of health insurance coverage by the commission.
(o) If there is a revocation of acceptance or a withdrawal from the commission under this section, all retirees, their spouses and dependents insured or eligible to be insured by the political subdivision, if enrolled in Medicare part A at no cost to the retiree, spouse or dependents, shall be required to be insured by a Medicare extension plan offered by the political subdivision under section 11C or section 16. A retiree shall provide the political subdivision, in such form as the political subdivision shall prescribe, such information as is necessary to transfer to a Medicare extension plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health insurance coverage. The political subdivision may from time to time request from a retiree, a retiree’s spouse and dependents, proof certified by the federal government of his eligibility or ineligibility for Medicare part A and part B coverage. The political subdivision shall pay the Medicare part B premium penalty assessed by the federal government on those retirees, spouses and dependents as a result of enrollment in Medicare part B at the time of transfer into the Medicare health benefits supplement plan.
(p) In the absence of a public collective bargaining unit, the chief executive officer of a municipality may authorize the transfer of subscribers to the commission.
(q) Any agreement under this section shall establish a contribution by the political subdivision to the premium or cost of health insurance coverage that provides for at least 50 per cent but not more than 99 per cent. Notwithstanding this subsection, where there is an agreement to transfer subscribers to the commission, subscribers whose coverage was governed by section 10B or 12 of chapter 32A before the date that the written agreement is executed, shall not be required to contribute more than 25 per cent of their health insurance premiums, but the written agreement may provide for a premium contribution paid by these subscribers of less than 25 per cent.
Any agreement reached between the political subdivision and the public employee committee, including an agreement to transfer subscribers to the group insurance commission, may provide that within the same health insurance coverage plan the percentage contributed by the political subdivision to the premium or cost of health insurance coverage may differ based on an employee’s hire date. The payments may also differ by the type of coverage elected under the plan, including individual, family, optional Medicare extension or other coverage selections; and the percentage contributed by the political subdivision may vary among the different health insurance coverage plans offered under the agreement reached between the political subdivision and the public employee committee. The agreement reached shall provide that the percentage contributed by the political subdivision to the premium or cost of at least 1 Medicare extension plan available to all eligible subscribers shall be not less than the minimum percentage contributed by the political subdivision to any other health insurance coverage plan offered under the agreement reached.
(r) In the event the appropriate political authority and the public employee committee are unable to enter into a written agreement pursuant to this section, then the political subdivision and public employee unions shall return to governance of negotiations of health insurance under chapter 150E and this chapter.
(s) On or before October 15, 2011, or on or before October 15 each year thereafter, the municipal health insurance review panel shall prepare a written report detailing the substance, content and outcome of the negotiations. The report shall include, but not be limited to, a copy of any agreement reached between the appropriate public authority and the public employee committee and the anticipated savings realized by such agreement, and, should an agreement not have been reached, a comparison of the last plans offered by the appropriate public authority and the public employee committee, the savings of each as set forth in subsection (d), and a comparison of each of the last plans offered to the median plan design features offered by the commission for a non-medicare plan under section 4 of chapter 32A and for a medicare-extension plan under section 10C of chapter 32A. The report prepared by the municipal health insurance review panel shall be completed and provided to the appropriate public authority and the public employee committee, and shall be made available at the local public library and posted by the appropriate public authority on the political subdivision’s website, on or before October 15, 2011, or on or before October 15 each year thereafter.
(t) In the absence of a successor agreement approved under this section, the prior agreement of the public employee committee and the appropriate public authority regarding the provision of health insurance shall remain in effect.
(u) Nothing in this section shall preclude an appropriate public authority from agreeing to establish a health and welfare trust fund under section 15."
and that the bill be further amended by inseting the following new section:
Section __. Chapter 32B as found in the 2008 version of the Massachusetts General Laws is hereby further amended by adding the following sections:
Section 21. Notwithstanding any other provision of this chapter, the appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers in accordance with section 19 shall provide health care flexible spending accounts to allow certain subscribers, as determined by the appropriate public authority, to set aside a portion of earnings to pay for qualified expenses. Qualified medical expenses may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient co-payments, calendar year deductibles, office visit co-payments and prescription drug co-payments.
Section 22. Notwithstanding any other provision of this chapter, the appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers under this chapter may provide health reimbursement accounts to reimburse subscribers for qualified medical expenses. Qualified medical expenses may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient co-payments, calendar year deductibles, office visit co-payments and prescription drug co-payments.
Section 23. An appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers under this chapter shall conduct an enrollment audit not less than once every 2 years. The audit shall be completed in order to ensure that members are appropriately eligible for coverage.
Section 24. An insurance carrier, third party administrator or the commission in the case of a governmental unit, which has undertaken to provide health insurance coverage to its subscribers by acceptance of sections 19 or 23, shall, upon written request, provide the governmental unit with its historical claims data within 45 days of such request.
Section 25. Each fiscal year, the commission shall prepare and place on its website a report delineating the median co-payments, deductibles, tiered provider network co-payments and other plan design features offered by the commission in non-medicare plans under section 4 of chapter 32A and median co-payments, deductibles, tiered provider network co-payments and other plan design features offered by the commission in medicare-extension plans under section 10C of chapter 32A.