House File 2430 - Introduced



                                  HOUSE FILE       
                                  BY  T. TAYLOR, PETTENGILL,
                                      WESSEL=KROESCHELL, BERRY,
                                      KRESSIG, SHOULTZ, MASCHER,
                                      GASKILL, FREVERT, HEDDENS,
                                      SMITH, JOCHUM, D. OLSON,
                                      LENSING, WINCKLER, MERTZ,
                                      FOEGE, COHOON, SWAIM, WENDT,
                                      WHITEAD, R. OLSON, DAVITT, BELL,
                                      HUNTER, D. TAYLOR, WHITAKER,
                                      BUKTA, and MILLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating the fair share health care fund, providing for
  2    assessments and penalties, and making an appropriation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5312HT 81
  5 av/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  84A.11  FAIR SHARE HEALTH CARE
  1  2 FUND.
  1  3    1.  DEFINITIONS.  As used in this section, unless the
  1  4 context otherwise requires:
  1  5    a.  "Director" means the director of the department of
  1  6 workforce development.
  1  7    b.  "Employee" means a natural person who is employed in
  1  8 this state for wages by an employer.
  1  9    c.  "Employer" means a person as defined in section 4.1
  1 10 that is organized as a for=profit or nonprofit organization
  1 11 and that has fifty or more employees.  "Employer" does not
  1 12 include the federal government, the state, another state, or a
  1 13 political subdivision of the state or another state.
  1 14    d.  "Health care expenditures" means the amount paid by an
  1 15 employer to provide health care benefits or reimburse
  1 16 employees for their health care costs, including but not
  1 17 limited to payments for medical care, prescription drugs,
  1 18 vision care, and medical savings accounts.
  1 19    e.  "Wages" means compensation owed by an employer for
  1 20 labor or services rendered by an employee, whether determined
  1 21 on a time, task, piece, commission, or other basis of
  1 22 calculation.
  1 23    2.  EMPLOYER REPORTING REQUIREMENTS.
  1 24    a.  Beginning on January 1, 2007, and annually thereafter,
  1 25 each employer shall provide information to the director,
  1 26 pursuant to rules adopted pursuant to chapter 17A, including
  1 27 but not limited to all of the following information compiled
  1 28 as of January 1 of the previous year:
  1 29    (1)  The employer's definition of full=time and part=time
  1 30 employee of the employer.
  1 31    (2)  The number of full=time and part=time employees in the
  1 32 state of the employer.
  1 33    (3)  The number of full=time and part=time employees in the
  1 34 state eligible to receive health care expenditures from the
  1 35 employer and the number of full=time and part=time employees
  2  1 in the state receiving health care expenditures from the
  2  2 employer.
  2  3    (4)  The amount spent by the employer for health care
  2  4 expenditures for employees in the state.
  2  5    (5)  The percentage of the employer's payroll for employees
  2  6 in the state that was spent for health care expenditures for
  2  7 employees in the state.  In calculating this amount, an
  2  8 employer may exclude wages paid to an employee who was
  2  9 enrolled in or eligible for Medicare.
  2 10    (6)  The source of health care expenditures received by
  2 11 full=time and part=time employees in the state who were
  2 12 eligible for but did not receive health care expenditures from
  2 13 their employer.
  2 14    (7)  Whether the employer is a nonprofit or a for=profit
  2 15 organization.
  2 16    b.  The information required under paragraph "a" shall be
  2 17 contained in a report signed by the principal executive
  2 18 officer of the employer or an officer of the employer
  2 19 performing a similar function.  The report shall include an
  2 20 affidavit by the signing officer attesting, under penalty of
  2 21 perjury, that the information contained in the report was
  2 22 reviewed by the signing officer, is based on the signing
  2 23 officer's knowledge, and does not contain any untrue statement
  2 24 of material fact or omit a material fact necessary to make the
  2 25 report.
  2 26    3.  DIRECTOR'S ANNUAL REPORT.  The director shall submit an
  2 27 annual report not later than March 15 to the governor, members
  2 28 of the general assembly, and the legislative services agency
  2 29 that contains a summarization of information received by the
  2 30 director from employers pursuant to subsection 2 and that
  2 31 includes all of the following information compiled as of
  2 32 January 1 of the previous year:
  2 33    a.  The name of each nonprofit and for=profit employer in
  2 34 the state.
  2 35    b.  Each employer's definition of full=time and part=time
  3  1 employee of the employer.
  3  2    c.  The number of full=time and part=time employees in the
  3  3 state of each employer.
  3  4    d.  The number of full=time and part=time employees in the
  3  5 state eligible to receive health care expenditures from each
  3  6 employer.
  3  7    e.  The number of full=time and part=time employees in the
  3  8 state receiving health care expenditures from each employer.
  3  9    f.  The source of health care expenditures received by
  3 10 full=time and part=time employees in the state who were
  3 11 eligible for but did not receive health care expenditures from
  3 12 their employer.
  3 13    g.  The percentage of total wages that each nonprofit and
  3 14 for=profit employer spent on health care expenditures for
  3 15 employees in the state, excluding wages paid to employees
  3 16 enrolled in or eligible for Medicare.
  3 17    h.  The average percentage of total wages that all for=
  3 18 profit employers spent on health care expenditures for
  3 19 employees in the state, excluding wages paid to employees
  3 20 enrolled in or eligible for Medicare.
  3 21    i.  The average percentage of total wages that all
  3 22 nonprofit employers spent on health care expenditures for
  3 23 employees in the state, excluding wages paid to employees
  3 24 enrolled in or eligible for Medicare.
  3 25    4.  FAIR SHARE HEALTH CARE FUND == ASSESSMENT == MEDICAL
  3 26 ASSISTANCE PROGRAM.
  3 27    a.  An employer that is organized as a nonprofit
  3 28 organization with ten thousand or more employees in the state
  3 29 and that spent less than an amount equal to six percent of the
  3 30 total amount of wages paid to employees in the state as of
  3 31 January 1 of the previous year, excluding wages paid to
  3 32 employees who were enrolled in or eligible for Medicare, on
  3 33 health care expenditures for those employees, is assessed and
  3 34 shall pay to the director an amount equal to the difference
  3 35 between the amount the employer spent for such health care
  4  1 expenditures and six percent of total wages paid as set forth
  4  2 in this paragraph.
  4  3    b.  An employer that is organized as a for=profit
  4  4 organization with ten thousand or more employees in the state
  4  5 and that spent less than an amount equal to eight percent of
  4  6 the total amount of wages paid to employees in the state as of
  4  7 January 1 of the previous year, excluding wages paid to
  4  8 employees who were enrolled in or eligible for Medicare, on
  4  9 health care expenditures for those employees, is assessed and
  4 10 shall pay to the director an amount equal to the difference
  4 11 between the amount the employer spent for such health care
  4 12 expenditures and eight percent of total wages paid as set
  4 13 forth in this paragraph.
  4 14    c.  The director shall determine the means and method of
  4 15 collecting the assessments.  All moneys collected by the
  4 16 director pursuant to this subsection shall be forwarded to the
  4 17 treasurer of state, who shall deposit the moneys in a fair
  4 18 share health care fund created in the state treasury under the
  4 19 control of the director of human services.  The moneys
  4 20 deposited in the fund are appropriated and shall be used only
  4 21 for the purposes of the medical assistance program as defined
  4 22 in chapter 249A.
  4 23    Notwithstanding section 12C.7, subsection 2, interest or
  4 24 earnings on moneys that are deposited in the fund shall be
  4 25 credited to the fund, and notwithstanding section 8.33, moneys
  4 26 credited to the fund shall not revert to the general fund of
  4 27 the state at the close of a fiscal year.
  4 28    5.  PENALTIES.
  4 29    a.  An employer that fails to timely file an annual report
  4 30 as required under subsection 2 is in violation of this section
  4 31 and shall pay an administrative penalty of two hundred fifty
  4 32 dollars for each day that the report is not timely filed.
  4 33    b.  An employer that fails to pay the assessment as
  4 34 required under subsection 4 is in violation of this section
  4 35 and shall pay an administrative penalty of two hundred fifty
  5  1 thousand dollars.
  5  2    c.  Penalties assessed under this subsection shall be paid
  5  3 to the director, who shall forward the moneys to the treasurer
  5  4 of state for deposit in the fair share health care fund.
  5  5                           EXPLANATION
  5  6    This bill creates the fair share health care fund, provides
  5  7 for assessments of certain employers, makes an appropriation,
  5  8 and provides for penalties.
  5  9    The bill applies to employers that are organized as
  5 10 nonprofit or for=profit organizations with 50 or more
  5 11 employees in the state.  The bill does not apply to the
  5 12 federal government, the state, another state, or a political
  5 13 subdivision of the state or another state.
  5 14    Beginning on January 1, 2007, such employers are required
  5 15 to annually report information as of January 1 of the previous
  5 16 year to the director of the department of workforce
  5 17 development concerning the employer's definition of full=time
  5 18 and part=time employees; how many full=time and part=time
  5 19 employees were employed by the employer; the number of full=
  5 20 time and part=time employees eligible to receive health care
  5 21 expenditures from the employer and how many did receive such
  5 22 expenditures; the amount spent by the employer for health care
  5 23 expenditures for employees in the state; the percentage of the
  5 24 employer's payroll for employees in the state that was spent
  5 25 for health care expenditures for those employees, excluding
  5 26 wages paid to an employee who was enrolled in or eligible for
  5 27 Medicare; and whether the employer is a nonprofit or for=
  5 28 profit organization.
  5 29    The required information must be contained in a report
  5 30 signed by the principal executive officer of the employer or
  5 31 an officer with a similar function and include an affidavit by
  5 32 the signing officer attesting that the officer reviewed the
  5 33 information, has knowledge of the information, and that the
  5 34 information does not contain any untrue statement or omission
  5 35 of a material fact.
  6  1    The director of the department of workforce development is
  6  2 required to submit an annual report to the governor, members
  6  3 of the general assembly, and the legislative services agency,
  6  4 not later than March 15, summarizing the information compiled
  6  5 as of January 1 of the previous year, received by the director
  6  6 from employers pursuant to the employer reporting
  6  7 requirements.  In addition, the director is required to state
  6  8 the average percentage of total wages that all nonprofit
  6  9 employers and all for=profit employers spent on health care
  6 10 expenditures for employees in the state for the previous year,
  6 11 excluding wages paid to employees enrolled in or eligible for
  6 12 Medicare.
  6 13    The bill creates the fair share health care fund under the
  6 14 control of the director of human services.  The bill requires
  6 15 a nonprofit employer with 10,000 or more employees in the
  6 16 state that spent less than an amount equal to 6 percent or a
  6 17 for=profit employer with 10,000 or more employees in the state
  6 18 that spent less than an amount equal to 8 percent of the
  6 19 amount of total wages paid to its employees in the state on
  6 20 health care expenditures for those employees as of January 1
  6 21 of the previous year, to pay to the director an amount equal
  6 22 to the difference between the amount the employer spent for
  6 23 such health care expenditures and the amount equal to 6 and 8
  6 24 percent, respectively, of the amount of total wages paid to
  6 25 its employees in the state, excluding wages paid to employees
  6 26 enrolled in or eligible for Medicare.
  6 27    The director of the department of workforce development is
  6 28 required to adopt rules to establish the means and method of
  6 29 collecting the assessments and to forward all moneys collected
  6 30 to the treasurer of state for deposit in the fair share health
  6 31 care fund.  The bill provides that the moneys in the fund are
  6 32 appropriated and shall be used only for the purposes of the
  6 33 medical assistance program as defined in Code chapter 249A.
  6 34 Earnings and interest on moneys in the fund remain in the fund
  6 35 and unused moneys in the fund do not revert to the general
  7  1 fund of the state at the end of the fiscal year.
  7  2    The bill provides that an employer that fails to timely
  7  3 file an annual report shall pay an administrative penalty of
  7  4 $250 for each day that the report is not timely filed.  An
  7  5 employer that fails to pay the required assessment is liable
  7  6 for an administrative penalty of $250,000.  Penalty payments
  7  7 are required to be deposited in the fair share health care
  7  8 fund.
  7  9 LSB 5312HT 81
  7 10 av:rj/je/5