Budget Amendment ID: FY2019-S4-387-R2

2nd Redraft GOV 387

Group Insurance Commission Reforms

Ms. Friedman, Messrs. Welch, Eldridge, Crighton, Cyr and Feeney, Ms. L'Italien, Ms. Gobi, Messrs. Timilty and O'Connor, Ms. O'Connor Ives, Ms. Jehlen, Messrs. Pacheco, Moore and Montigny moved that the proposed new text be amended in section 3, by inserting after section 13 the following 2 sections:-

“SECTION 13A. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word “economist”, in line 7, the following words:- , 1 of whom shall have substantial experience in health care delivery, including behavioral health, in the commonwealth, 1 of whom shall have substantial experience in health care administration, 1 of whom shall have substantial experience in employee benefits administration and 1 of whom shall have substantial experience with and knowledge of health insurance plans.

SECTION 13B. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by striking out the fourth , fifth  and sixth sentence and inserting in place thereof the following 5 sentences:-

“No member appointed by the governor shall be an insurance agent, broker, employee or officer of an insurance company that currently does business with or has done business with the commonwealth in the past 3 years. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner for a term of 3 years. If there is an appointive member vacancy, either expected or unexpected, the governor shall appoint a replacement for the vacant position not more than 90 days after the vacancy. If the appointive member vacancy is for the management representative or labor representative under this section, the governor shall appoint a replacement for the vacant position not more than 90 days after receiving a list of nominated representatives from the applicable organization. If the governor does not appoint a replacement within 90 days of an appointive member vacancy, the executive director of the commission shall appoint a replacement pursuant to the requirements of this section.”; and

by inserting after section 56 the following 2 sections:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the group insurance commission shall  consult with stakeholders to review and evaluate: (i) the impacts of existing public procurement laws; (ii) public record and open meeting laws;  and (iii) regulations on the group insurance commission’s deliberative process.

At minimum, the group insurance commission shall consult with: (i) the secretary of administration and finance; (ii) the attorney general; (iii) the commissioner of insurance; (iv) the operational services division of the executive office for administration and finance; and (v) the inspector general.

The group insurance commission shall provide a report on: (i) any anticipated updates to commission procedures related to state procurement and open meeting laws resulting from its consultation with stakeholders; (ii) any anticipated regulatory changes the commission plans to take based on its consultation with stake holders on its deliberative process; (iii) the recommended  notice period the commission will provide to members prior to a vote that would substantially alter the insurance coverage or health plans offered under this chapter including, but not limited to, any changes in the identity or number of health plans offered, existing plan design of any health plan, member cost-sharing or covered medical, behavioral health or pharmacy benefits; and (iv) any recommended statutory changes needed to meet these goals.

The group insurance commission shall submit its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, to the clerks of the senate and the house of representatives, and the joint committee on public service not later than October 1, 2018.

SECTION 56B. Notwithstanding any general or special law to the contrary, beginning on January 1, 2021: (i) upon the first vacancy or expiration of the term of office of a “public member” of the group insurance commission established by section 3 of chapter 32A of the General Laws, the governor shall appoint a successor who shall have substantial experience in behavioral health care delivery in the commonwealth; (ii) upon the second vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in health care administration; (iii) upon the third vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in employee benefits administration; and (iv) upon the fourth vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience with and  knowledge of health insurance plans. Notwithstanding the foregoing, if an appointee under this section is also a vacancy under this section, the governor shall appoint a successor who has the substantial experience of the member creating the vacancy.”.