2011 -- S 0483

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LC01967

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO INSURANCE -- HEALTH

     Introduced By: Senators Gallo, DeVall, and DiPalma

     Date Introduced: March 10, 2011

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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

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

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read as follows:

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

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uniform health care benefit plan designs or at such other time as specified herein or as specified

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in sections 28-9.3-2 and 28-9.4-3, all public school districts and charter schools shall may

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

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recommended in accordance with this chapter.

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

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designs approved recommended by the board in accordance with this chapter may be specified in

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future collective bargaining agreements.

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      (c) Choice of benefit plan designs from those approved recommended in accordance

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with section 27-73-4, medical insurance cost-sharing, payment for waiving medical insurance,

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

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

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

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

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

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

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

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

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

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technical advisory committee, medical benefits plan designs and prescription drug coverage plan

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designs in accordance with the following:

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

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school employees.

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

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

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compatible high deductible health plan (HDHP) option.

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

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

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are approved.

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

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

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(7.5%).

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      (v) The actuarial value of the lowest board-approved recommended benefit plan design

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shall not be greater than the actuarial value of the public school employee benefit plan design

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with the lowest actuarial value in effect in the state on January 1, 2011.

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

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recommend modifications to such benefit plan designs as appropriate.

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      (c) To report to the governor and general assembly on or before April 15, 2011 January

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

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health benefit purchasing arrangement for public school employees.

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

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

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

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

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

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

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

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employment.

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

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

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

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

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administrative professional employees.

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

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

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chapter.

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

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

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

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collective bargaining agreements expire on or after June September 30, 2011 shall may, upon

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

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

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

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

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

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

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

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

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

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

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

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

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

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bargaining agreements expire on or after June September 30, 2011 shall may, upon expiration of

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

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

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     SECTION 4. This act shall take effect upon passage.

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LC01967

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO INSURANCE -- HEALTH

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     This act would increase the number of uniform health care benefit plans designed for

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their employees, that can be considered for implementation by public school systems and

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districts.

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     This act would take effect upon passage.

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LC01967

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