Second Substitute H.B. 122

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 10, 2006 at 11:45 AM by ddonat. -->

Representative Steven R. Mascaro proposes the following substitute bill:

1 UTAH SMALL BUSINESS HEALTH PLAN
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steven R. Mascaro
5 Senate Sponsor: ____________
6 Cosponsor:Fred R. Hunsaker 7
8 LONG TITLE
9 General Description:
10 This bill creates the Utah Small Business Health Plan Advisory Council to study issues
11 and make recommendation concerning the creation of a Utah Small Business Health
12 Plan to insure small businesses.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions; and
16 . creates a Utah Small Business Health Plan Advisory Council, including its
17 membership, cochairs, duties, and required report.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 31A-30-115, Utah Code Annotated 1953
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 31A-30-115 is enacted to read:
28 31A-30-115. Utah Small Business Health Plan Advisory Council -- Membership --
29 Cochairs -- Duties -- Report.
30 (1) As used in this section:
31 (a) "Small business" means an employer that has between two and 50 employees and
32 their immediate families; and
33 (b) "Small business" does not include:
34 (i) an aggregate employer or majority ownership employer with greater than 50 total
35 employees; and
36 (ii) a business created for the purpose of obtaining small business insurance.
37 (2) (a) There is created a Utah Small Business Health Plan Advisory Council
38 consisting of H. [ 15 ] 11 .H members.
39 (b) The term of each appointment shall be three years.
40 (c) The appointments shall be staggered at one-year intervals to ensure continuity of
41 the council.
42 (3) The council shall meet as needed to carry out its duties, but at least quarterly.
43 (4) The membership of the council shall include the following membership:
44 (a) the governor shall appoint one cochair for the council who shall have a small
45 business background;
46 (b) the governor shall appoint one cochair for the council who shall be an executive of
47 a Utah domiciled private health insurance company;
48 (c) the cochairs of the council shall appoint three members who shall respectively
49 represent small business, one of which shall be an employee of a small business;
50 (d) the cochairs of the council shall appoint two members who shall respectively
51 represent the insurance industry;
52 (e) Utah's insurance commissioner or the commissioner's designee;
53 (f) the executive director of the Department of Health or the director's designee;
54 (g) the director of the Governor's Office of Economic Development or the director's
55 designee; H. and .H
56 (h) the executive director of the Public Employees' Benefit and Insurance Program or

57 the executive director's designee H. [ ;
58 (i) two senators, one from each political party, appointed by the President of the
59 Senate; and
60 (j) two representatives, one from each political party, appointed by the Speaker of the
61 House. ] . .H
62 (5) (a) (i) Council members who are not government employees may not receive
63 compensation or benefits for their services, but may receive per diem and expenses incurred in
64 the performance of the member's official duties at the rates established by the Division of
65 Finance under Sections 63A-3-106 and 63A-3-107 .
66 (ii) Council members may decline to receive per diem and expenses for their service.
67 (b) (i) State government officer and employee members who do not receive salary, per
68 diem, or expenses from their agency for their service may receive per diem and expenses
69 incurred in the performance of their official duties from the council at the rates established by
70 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
71 (ii) State government officer and employee members may decline to receive per diem
72 and expenses for their service.
73 H. [ (c) A legislator on the council shall receive compensation and expenses as provided by
74 law and legislative rule. ] .H
75 (6) (a) A majority of the members of the council constitute a quorum.
76 (b) The action of a majority of a quorum constitutes the action of the council.
77 (7) (a) The council shall study issues and make recommendation concerning:
78 (i) the creation of a Utah Small Business Health Plan to insure small businesses;
79 (ii) benefits design;
80 (iii) eligibility criteria;
81 (iv) outreach;
82 (v) evaluation;
83 (vi) special strategies for under-served populations;
84 (vii) funding and potential reserve requirements; and
85 (ix) other plan benefit recommendations as determined by the council.
86 (b) The council shall deliver an actuarially sound plan proposal to the Business and
87 Labor Standing Committees in the 2007 General Session.