AB 373, as introduced, Mullin. Public Employees’ Long Term Care Act.
The Public Employees’ Long Term Care Act requires the Board of Administration of the Public Employees’ Retirement System to contract with carriers offering long-term care insurance plans for eligible employees and annuitants, as defined. Existing law requires that long-term care insurance plans be made available periodically during open enrollment periods determined by the board.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21661 of the Government Code is
2amended to read:
(a) The board shall contract with carriers offering
4long-term care insurance plans.
P2 1The long-term care insurance plans shall be made available
2periodically during open enrollment periodsbegin insert asend insert determined by the
3board.
4(b) The board shall award contracts to carriers who are qualified
5to provide long-term care benefits, and may develop and administer
6self-funded long-term care insurance plans. The board may offer
7one or more long-term care insurance plans.
8(c) The long-term care insurance plans shall include home,
9
community, and institutional care and shall, to the extent
10determined by the board, provide substantially equivalent coverage
11to that required under Chapter 2.6 (commencing with Section
1210231) of Part 2 of Division 2 of the Insurance Code, if the carrier
13has been approved by the Department of Managed Health Care
14pursuant to Chapter 2.2 (commencing with Section 1340) of
15Division 2 of the Health and Safety Code.
16(d) The classes of persons who shall be eligible to enroll are:
17(1) Active and retired members and annuitants of the Public
18Employees’ Retirement System, and their spouses, parents,
19siblings, and spouses’ parents.
20(2) Active and retired members and annuitants of the State
21Teachers’ Retirement Plan, and their spouses, parents, siblings,
22and spouses’ parents.
23(3) Active and retired members and annuitants of the Judges’
24Retirement System, and their spouses, parents, siblings, and
25spouses’ parents.
26(4) Active and retired members and annuitants of the Judges’
27Retirement System II, and their spouses, parents, siblings, and
28spouses’ parents.
29(5) Active and retired members and annuitants of the
30Legislators’ Retirement System, and their spouses, parents,
31siblings, and spouses’ parents.
32(6) Members of the California Assembly and Senate and their
33spouses, parents, siblings, and spouses’ parents.
34(7) Active and retired members and annuitants, and other classes
35of employees of a public agency that is located in this state, and
36their spouses, parents, siblings, and spouses’ parents.
37(e) An individual specified in paragraphs (1) to (7), inclusive,
38of subdivision (d)begin delete mayend deletebegin insert shallend insert not be eligible unless he or she resides
39in the United States, its territories and possessions, or in a country
P3 1in which a provider network can be established comparable in
2quality and effectiveness to those established in the United States.
3(f) Notwithstanding paragraphs (1) to (7), inclusive, of
4subdivision (d),begin delete noend deletebegin insert aend insert personbegin delete mayend deletebegin insert
shall notend insert be enrolled unless he
5or she meets the eligibility and underwriting criteria established
6by the board.
7(g) Notwithstanding paragraphs (1) to (7), inclusive, of
8subdivision (d), enrollment of active employees of the State of
9California shall be subject to Section 19867.
10(h) The board shall establish eligibility criteria for enrollment,
11establish appropriate underwriting criteria for potential enrollees,
12define the scope of covered benefits, define the criteria to receive
13benefits, and set any other standards as needed. As used in this
14section, “sibling”begin delete shall meanend deletebegin insert meansend insert a sibling who is at least 18
15years of age.
16(i) The long-term care insurance plansbegin delete mayend deletebegin insert shallend insert not become
17part of, or subject to, the retirement or health benefits programs
18administered by the system.
19(j) For any self-funded long-term care plan developed by the
20board, the premiums shall be deposited in the Public Employees’
21Long-term Care Fund.
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