This document includes House Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 11:59 AM by housengrossing.
Representative Dan N. Johnson proposes the following substitute bill:


1     
VOLUNTEER EMERGENCY MEDICAL SERVICE PERSONNEL

2     
INSURANCE PROGRAM AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Dan N. Johnson

6     
Senate Sponsor: Derrin R. Owens

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the Volunteer Emergency Medical Service
11     Personnel Insurance Program.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     expands eligibility for the Volunteer Emergency Medical Service Personnel
16     Insurance Program (program);
17          ▸     allows the program to offer dental benefits, life insurance benefits, and disability
18     insurance benefits;
19          ▸     renames the program; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          49-20-201, as last amended by Laws of Utah 2023, Chapter 328
28          53-2d-703 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 16
29     and renumbered and amended by Laws of Utah 2023, Chapters 307, 310
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 49-20-201 is amended to read:
33     
Part 2. Membership Eligibility

34          49-20-201. Program participation -- Eligibility -- Optional for certain groups.
35          (1) (a) The state shall participate in the program on behalf of the state's employees.
36          (b) Other employers, including political subdivisions and educational institutions, are
37     eligible, but are not required, to participate in the program on behalf of their employees.
38          (2) (a) As provided in Subsection 26B-3-908(5), the Department of Health and Human
39     Services may participate in the program for the purpose of providing health and dental benefits
40     to children enrolled in the Utah Children's Health Insurance Program created in Title 26B,
41     Chapter 3, Part 9, Utah Children's Health Insurance Program.
42          (b) If the Department of Health and Human Services participates in the program under
43     the provisions of this Subsection (2), all insurance risk associated with the Utah Children's
44     Health Insurance Program shall be the responsibility of the Department of Health and Human
45     Services and not the program or the office.
46          (3) Volunteer emergency medical service personnel are eligible to participate in the
47     program in accordance with Section [26B-4-136] 53-2d-703.
48          (4) A covered individual shall be eligible for coverage after termination of employment
49     under rules adopted by the board.
50          (5) Only the following are eligible for Medicare supplement coverage under this
51     chapter upon becoming eligible for Medicare Part A and Part B coverage:
52          (a) retirees;
53          (b) members;
54          (c) participants;
55          (d) employees who have medical employee benefit plan coverage at the time of their
56     retirement; and

57          (e) current spouses of those who are eligible under Subsections (5)(a) through (d).
58          Section 2. Section 53-2d-703 (Effective 07/01/24) is amended to read:
59          53-2d-703 (Effective 07/01/24). Volunteer Emergency Medical Service Personnel
60     Insurance Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking
61     -- Advisory board.
62          (1) As used in this section:
63          (a) "Basic life insurance benefit" means the standard group life insurance benefit
64     offered by PEHP that combines basic life, line-of-duty, accidental death and disability, and
65     dependent coverage into one benefit package.
66          (b) "Basic long-term disability benefit" means a $1,000 monthly benefit arising from a
67     disability determined in accordance with Title 49, Chapter 21, Public Employee's Long-term
68     Disability Act and excluding any coverage offered on a pilot basis.
69          (c) "Dental plan" means the same as that term is defined in Section 31A-22-646.
70          (d) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
71          [(b)] (e) "Local government entity" means a political subdivision that:
72          (i) is licensed as a ground ambulance provider under Part 5, Ambulance and Paramedic
73     Providers; and
74          (ii) as of January 1, 2022, does not offer health insurance benefits to volunteer
75     emergency medical service personnel.
76          [(c)] (f) "PEHP" means the Public Employees' Benefit and Insurance Program created
77     in Section 49-20-103.
78          [(d)] (g) "Political subdivision" means a county, a municipality, a limited purpose
79     government entity described in Title 17B, Limited Purpose Local Government Entities -
80     Special Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or
81     an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation
82     Act.
83          [(e)] (h) "Qualifying association" means an association that represents two or more
84     political subdivisions in the state.
84a     Ĥ→ (i) "Qualifying community" means a city or community that:
84b          (a) has a population less than or equal to 3,000; and
84c          (b) is located within a county of the second class. ←Ĥ
85          (2) The Volunteer Emergency Medical Service Personnel [Health] Insurance Program
86     shall promote recruitment and retention of volunteer emergency medical service personnel by
87     making [health] insurance available to volunteer emergency medical service personnel in
88     accordance with this section.
89          (3) (a) The bureau shall contract with a qualifying association to create, implement, and
90     administer the Volunteer Emergency Medical Service Personnel [Health] Insurance Program
91     described in this section.
92          (b) The qualifying association will create promotional campaigns for the Volunteer
93     Emergency Medical Service Personnel Insurance Program and volunteer emergency medical
94     service recruitment and retention including outreach to local government entities through social
95     media, video production, and other media platforms.
96          (4) Participation in the program is limited to [emergency medical service personnel]
97     any individual who:
98          (a) [are] is licensed under Section 53-2d-402 [and] as an emergency medical
99     technician, an advanced emergency medical technician, or a paramedic;
100          (b) [are] is able to perform all necessary functions associated with the license;
101          [(b)] (c) [provide] provides emergency medical services under the direction of a local
102     governmental entity:
103          (i) by responding to 20% of calls for emergency medical services in a rolling
104     twelve-month period; and
105          (ii) within a Ĥ→ qualifying community or a ←Ĥ county of the third, fourth, fifth, or sixth
105a     class by responding to the number
106     of calls described in Subsection (4)(c)(i); and
107          (iii) (A) as a volunteer under the Fair Labor Standards Act, in accordance with 29
108     C.F.R. Sec. 553.106; or
109          (B) as a part-time unbenefited employee, as classified by the employing local
110     government entity;
111          [(c)] (d) if seeking health insurance:
112          (i) (A) [are] is not eligible for a health benefit plan through an employer or a spouse's
113     employer; and
114          [(d)] (B) [are] is not eligible for medical coverage under a government sponsored
115     healthcare program; [and] or
116          (ii) the individual's premium cost for individual, double, or family coverage through
117     another source exceeds 20% or greater of the premium cost of the program created by this
118     section;

119          (e) if seeking dental insurance:
120          (i) (A) is not eligible for a dental plan through an employer or a spouse's employer; and
121          (B) is not eligible for dental coverage under a government sponsored healthcare
122     program; or
123          (ii) the individual's premium cost for individual, double, or family coverage exceeds
124     20% or greater of the premium cost of the program created by this section; and
125          [(e)] (f) [reside] resides in the state.
126          (5) (a) A participant in the program is eligible to participate in PEHP in accordance
127     with Subsection (5)(b) and Subsection 49-20-201(3).
128          (b) [Benefits] Health and dental benefits available to program participants under PEHP
129     are limited to health insurance and dental insurance that:
130          (i) covers the program participant and the program participant's eligible dependents on
131     a July 1 plan year;
132          (ii) accepts enrollment during an open enrollment period or for a special enrollment
133     event, including the initial eligibility of a program participant;
134          (iii) if the program participant is no longer eligible for benefits, terminates on the last
135     day of the last month for which the individual is a participant in the Volunteer Emergency
136     Medical Service Personnel [Health] Insurance Program; and
137          (iv) is not subject to continuation rights under state or federal law.
138          (c) Within existing appropriations, the Volunteer Emergency Medical Service
139     Personnel Insurance Program may offer basic life insurance and long-term disability insurance
140     to participants to enhance recruitment and retention efforts.
141          (6) (a) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
142     Administrative Rulemaking Act, to define additional criteria regarding benefit design, [and]
143     eligibility for the program[.], and to implement this section.
144          (b) The bureau shall convene an advisory board:
145          (i) to advise the bureau on making rules under Subsection (6)(a); and
146          (ii) that includes representation from at least the following entities:
147          (A) the qualifying association that receives the contract under Subsection (3); and
148          (B) PEHP.
149          (7) For purposes of this section, the qualifying association that receives the contract

150     under Subsection (3) shall be considered the public agency for whom the program participant is
151     volunteering under 29 C.F.R. Sec. 553.101.
152          Section 3. Effective date.
153          This bill takes effect on July 1, 2024.