House File 2351 - Introduced HOUSE FILE 2351 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2049) A BILL FOR An Act relating to continuation of health care coverage for 1 certain surviving spouses and children of peace officers 2 killed in the line of duty, and including effective date and 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5643HV (2) 87 ec/rj

H.F. 2351 Section 1. NEW SECTION . 509A.13C Health care coverage for 1 surviving spouse and children of peace officers killed in the 2 line of duty. 3 1. For the purposes of this section, “eligible peace 4 officer” means a peace officer as defined in section 801.4, 5 to which a line of duty death benefit is payable pursuant to 6 section 97A.6, subsection 16, section 97B.52, subsection 2, or 7 section 411.6, subsection 15. 8 2. a. If a governing body, a county board of supervisors, 9 or a city council has procured accident or health care coverage 10 for its employees under this chapter, such coverage shall 11 permit continuation of existing coverage or reenrollment in 12 previously existing coverage for the surviving spouse and each 13 surviving child of an eligible peace officer subject to the 14 requirements of this section. 15 b. A governing body, a county board of supervisors, or 16 a city council shall also provide continuation of existing 17 coverage for the surviving spouse and each surviving child of 18 a peace officer as defined in section 801.4, who dies and to 19 which a line of duty death benefit is reasonably expected to 20 be payable pursuant to section 97A.6, subsection 16, section 21 97B.52, subsection 2, or section 411.6, subsection 15, until 22 such time as the determination of whether to provide a line of 23 duty death benefit is made. 24 3. A surviving child of an eligible peace officer shall be 25 provided coverage as required by this section, with the full 26 cost of the coverage paid by the applicable governing body, 27 county board of supervisors, or city council, until the policy 28 anniversary date on or after the date the child attains the 29 age of twenty-six. However, a surviving child shall not be 30 provided coverage as required by this section for the period 31 of time beginning on the date the child becomes enrolled for 32 coverage under Medicaid, and ending on the date the child is no 33 longer enrolled for coverage under Medicaid. 34 4. a. Except as provided in paragraph “b” , a surviving 35 -1- LSB 5643HV (2) 87 ec/rj 1/ 5

H.F. 2351 spouse of an eligible peace officer shall be provided coverage 1 as required by this section, with the full cost of the 2 coverage paid by the applicable governing body, county board 3 of supervisors, or city council, until the date on which the 4 surviving spouse becomes eligible for coverage under Medicare. 5 b. A surviving spouse shall not be provided coverage with 6 the full cost of the coverage paid by the applicable governing 7 body, county board of supervisors, or city council, as provided 8 by this subsection, if any of the following apply: 9 (1) The surviving spouse is eligible, and remains eligible, 10 for comparable group medical coverage, whether insured or 11 self-insured. 12 (2) The surviving spouse becomes enrolled, and remains 13 enrolled, for coverage under Medicaid. 14 (3) The surviving spouse remarries, and remains married. 15 5. Notwithstanding any other provision of law, a surviving 16 spouse who is no longer eligible for coverage under this 17 section with the full cost of the coverage paid by the 18 applicable governing body, county board of supervisors, or city 19 council, pursuant to subsection 4, paragraph “b” , may elect 20 to continue accident or health care coverage by requesting 21 continuation in writing to the applicable governing body, 22 county board of supervisors, or city council within thirty-one 23 days after the date the surviving spouse is no longer eligible 24 for coverage as provided in subsection 4, paragraph “b” . A 25 surviving spouse electing to continue coverage under this 26 subsection shall pay the premium for the accident or health 27 care coverage in the same manner as, and at the same premium 28 paid by, employees covered by the accident or health care 29 coverage. 30 6. A governing body, a county board of supervisors, or a 31 city council shall notify the provider of accident or health 32 care coverage for its employees of a surviving spouse and 33 each surviving child to be provided coverage pursuant to the 34 requirements of this section. 35 -2- LSB 5643HV (2) 87 ec/rj 2/ 5

H.F. 2351 7. This section shall not require continuation of coverage 1 if the surviving spouse or surviving child who would otherwise 2 be entitled to continuation of coverage under this section was, 3 through the surviving spouse’s or surviving child’s actions, a 4 substantial contributing factor to the eligible peace officer’s 5 death. 6 Sec. 2. APPLICABILITY —— HEALTH CARE COVERAGE FOR PRIOR 7 DEATHS. The surviving spouse and each surviving child of a 8 peace officer as defined in section 801.4, who died on or 9 after January 1, 1985, but before July 1, 2000, to which the 10 requirements for providing a line of duty death pursuant to 11 section 97A.6, subsection 16, section 97B.52, subsection 2, 12 or section 411.6, subsection 15, would otherwise have been 13 established, and the surviving spouse and each surviving child 14 of an eligible peace officer as defined in section 509A.13C, as 15 enacted in this Act, shall be entitled to coverage as provided 16 in section 509A.13C upon written notification of the applicable 17 governing body, county board of supervisors, or city council. 18 Coverage provided under section 509A.13C pursuant to this 19 section shall be for claims for services incurred on or after 20 the date of reenrollment. 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 22 importance, takes effect upon enactment. 23 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 24 retroactively to a death occurring on or after January 1, 1985. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill requires a city, county, or the state to continue 29 to provide group health insurance benefits to the surviving 30 spouse and children of an eligible peace officer who is defined 31 as a peace officer who died and to which a line of duty death 32 benefit is payable under Code chapter 97A, 97B, or 411. 33 The bill provides that a surviving child of an eligible peace 34 officer shall be provided coverage with the full cost paid by 35 -3- LSB 5643HV (2) 87 ec/rj 3/ 5

H.F. 2351 the city, county, or state that employed the eligible peace 1 officer until the child reaches the age of 26. In addition, 2 the former employer is not required to provide coverage at the 3 employer’s cost for that period of time that the child becomes 4 enrolled, and remains enrolled, under Medicaid. 5 The bill provides that a surviving spouse of an eligible 6 peace officer shall be provided coverage with the full cost 7 paid by the city, county, or state that employed the eligible 8 peace officer until the date the surviving spouse becomes 9 eligible for coverage under Medicare. In addition, the former 10 employer of the peace officer is not required to provide 11 coverage at the full cost of the former employer of the peace 12 officer for that period of time that the surviving spouse is 13 eligible and remains eligible for comparable group medical 14 coverage, becomes enrolled and remains enrolled under Medicaid, 15 or remarries and remains married. 16 The bill also provides that a surviving spouse who is not 17 yet eligible for Medicare but is otherwise no longer eligible 18 to have the full cost of the continuing health care paid under 19 the bill may elect to continue the health care coverage by 20 paying the premium for the coverage in the same manner as, and 21 at the same premium paid by, employees covered by the health 22 care coverage. 23 The bill also requires the city, county, or state that 24 employed the eligible peace officer to notify the provider of 25 health care coverage of any surviving spouse or child to be 26 provided health care coverage. The bill also provides that 27 a surviving spouse or child who caused the eligible peace 28 officer’s death is not entitled to continuation of coverage. 29 The bill takes effect upon enactment and applies to deaths 30 of a peace officer occurring on or after January 1, 1985. For 31 deaths on or after January 1, 1985, but before the effective 32 date of the bill, the bill provides that the surviving spouse 33 and each surviving child of a peace officer to which a line of 34 duty death benefit was payable or the requirements for a line 35 -4- LSB 5643HV (2) 87 ec/rj 4/ 5

H.F. 2351 of duty death benefit would otherwise have been established 1 shall be entitled to coverage as provided in the bill upon 2 written notification of the applicable governing body, county 3 board of supervisors, or city council. The bill provides 4 that coverage provided shall only be for claims for services 5 incurred on or after the date of reenrollment in the health 6 care coverage. 7 -5- LSB 5643HV (2) 87 ec/rj 5/ 5