Chapter 133
2011 -- H 5901
Enacted 06/29/11
A N A C T
RELATING TO
INSURANCE -- HEALTH
Introduced By: Representative Joseph M. McNamara
Date
Introduced: March 09, 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
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
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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LC02093
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