As Reported by the Senate Ways and Means Committee 1 122nd General Assembly 4 Regular Session Am. Sub. H. B. No. 212 5 1997-1998 6 REPRESENTATIVES NETZLEY-TIBERI-BUCHY-LEWIS-HAINES-HOTTINGER- 8 MOTTLEY-SCHUCK-GARCIA-VESPER-OLMAN-WILLIAMS-BRADING-TERWILLEGER- 9 VAN VYVEN-CORBIN-GRENDELL-CATES-REID-CAREY-BATCHELDER-WISE- 10 KASPUTIS-MYERS-HARRIS-HOUSEHOLDER-THOMPSON-HOOD-HODGES- 11 COUGHLIN-KREBS-THOMAS-SCHURING-WACHTMANN-JORDAN- 12 SENATORS GARDNER-DRAKE-NEIN 13 15 A B I L L To enact section 124.823 of the Revised Code to 17 require the Department of Administrative Services 18 to establish a medical savings account program 19 available to certain state employees. 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23 Section 1. That section 124.823 of the Revised Code be 25 enacted to read as follows: 26 Sec. 124.823. THE DEPARTMENT OF ADMINISTRATIVE SERVICES 28 SHALL ESTABLISH A PILOT PROGRAM UNDER WHICH IT INCLUDES MEDICAL 29 SAVINGS ACCOUNTS AS PART OF ANY PACKAGE OF HEALTH CARE BENEFIT 30 OPTIONS OFFERED TO STATE EMPLOYEES AND STATE ELECTED OFFICIALS 31 PAID BY WARRANT OF THE AUDITOR OF STATE. EXCEPT FOR THE 32 PROVISIONS IN DIVISIONS (A) AND (B) OF SECTION 3924.64 OF THE 34 REVISED CODE CONCERNING DESIGNATION OF AN ADMINISTRATOR, A 35 MEDICAL SAVINGS ACCOUNT ESTABLISHED AS PART OF THE PROGRAM IS SUBJECT TO SECTIONS 3924.64 TO 3924.74 OF THE REVISED CODE. 36 THE DEPARTMENT IS NOT REQUIRED TO OFFER THE MEDICAL SAVINGS 40 ACCOUNT OPTION TO ANY STATE EMPLOYEE WHO IS COVERED UNDER A 41 COLLECTIVE BARGAINING AGREEMENT ENTERED INTO PURSUANT TO CHAPTER 42 4117. OF THE REVISED CODE, BUT A MEDICAL SAVINGS ACCOUNT OPTION MAY BE PART OF A PACKAGE OF HEALTH CARE BENEFIT OPTIONS OFFERED 43 2 PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. THE DEPARTMENT 44 MAY LIMIT ENROLLMENT IN THE MEDICAL SAVINGS ACCOUNT PROGRAM AND 45 MAY REQUIRE STATE EMPLOYEES ENROLLED IN IT TO CONTRIBUTE TO THEIR 47 MEDICAL SAVINGS ACCOUNTS. THE DEPARTMENT SHALL MAKE BOTH 48 INDIVIDUAL AND FAMILY COVERAGE AVAILABLE THROUGH THE ACCOUNTS. THE PROGRAM SHALL NOT INCREASE THE COST OF PROVIDING HEALTH 49 INSURANCE TO STATE EMPLOYEES. THE DEPARTMENT MAY END THE PROGRAM 50 AT ANY TIME NOT SOONER THAN TWO YEARS AFTER IT IS ESTABLISHED, 51 EXCEPT THAT THE DEPARTMENT MAY NOT END THE PROGRAM PRIOR TO 52 PROVIDING SIX MONTHS' NOTICE TO THE SPEAKER OF THE HOUSE OF 53 REPRESENTATIVES, PRESIDENT OF THE SENATE, MINORITY LEADER OF THE HOUSE AND MINORITY LEADER OF THE SENATE, AND THE CHAIRS OF THE 54 STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES 55 WITH PRIMARY RESPONSIBILITY FOR HEALTH AND INSURANCE LEGISLATION. 56 A STATE EMPLOYEE WHO CHOOSES THE MEDICAL SAVINGS ACCOUNT 59 OPTION SHALL HAVE ANY STATE HEALTH, MEDICAL, HOSPITAL, DENTAL, 60 SURGICAL, AND VISION BENEFITS FOR WHICH THE EMPLOYEE IS ELIGIBLE 61 PROVIDED THROUGH THE MEDICAL SAVINGS ACCOUNT. THE DEPARTMENT, 62 UNDER SECTION 124.81 OR 124.82 OF THE REVISED CODE, SHALL 64 CONTRACT FOR OR OTHERWISE PROVIDE A HIGH-DEDUCTIBLE POLICY OR 65 CONTRACT THROUGH WHICH THOSE BENEFITS CAN BE PAID. 66 THE EMPLOYEE FOR WHOM A MEDICAL SAVINGS ACCOUNT IS OPENED 69 SHALL AT THE TIME THE ACCOUNT IS OPENED CHOOSE AN ADMINISTRATOR 70 FROM A LIST OF ADMINISTRATORS DESIGNATED BY THE DEPARTMENT, ONE OF WHICH MAY BE THE INSURER FROM WHICH THE DEPARTMENT PURCHASES 71 THE HIGH-DEDUCTIBLE POLICY OR CONTRACT. IF THE EMPLOYEE FAILS TO 73 CHOOSE AN ADMINISTRATOR, THE DEPARTMENT SHALL DESIGNATE AN 74 ADMINISTRATOR. IF AN ELECTED STATE OFFICIAL WHOSE TERM COMMENCED PRIOR TO 76 THE ESTABLISHMENT OF THE PROGRAM ELECTS TO PARTICIPATE IN THE 77 MEDICAL SAVINGS ACCOUNT PROGRAM, PARTICIPATION SHALL COMMENCE AT 78 THE BEGINNING OF THE TERM FOLLOWING ESTABLISHMENT OF THE PROGRAM. 79