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House File 2351 - IntroducedA Bill ForAn Act 1relating to continuation of health care coverage for
2certain surviving spouses and children of peace officers
3killed in the line of duty, and including effective date and
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 509A.13C Health care coverage for
2surviving spouse and children of peace officers killed in the
3line of duty.
41. For the purposes of this section, “eligible peace
5officer” means a peace officer as defined in section 801.4,
6to which a line of duty death benefit is payable pursuant to
7section 97A.6, subsection 16, section 97B.52, subsection 2, or
8section 411.6, subsection 15.
92. a. If a governing body, a county board of supervisors,
10or a city council has procured accident or health care coverage
11for its employees under this chapter, such coverage shall
12permit continuation of existing coverage or reenrollment in
13previously existing coverage for the surviving spouse and each
14surviving child of an eligible peace officer subject to the
15requirements of this section.
16b. A governing body, a county board of supervisors, or
17a city council shall also provide continuation of existing
18coverage for the surviving spouse and each surviving child of
19a peace officer as defined in section 801.4, who dies and to
20which a line of duty death benefit is reasonably expected to
21be payable pursuant to section 97A.6, subsection 16, section
2297B.52, subsection 2, or section 411.6, subsection 15, until
23such time as the determination of whether to provide a line of
24duty death benefit is made.
253. A surviving child of an eligible peace officer shall be
26provided coverage as required by this section, with the full
27cost of the coverage paid by the applicable governing body,
28county board of supervisors, or city council, until the policy
29anniversary date on or after the date the child attains the
30age of twenty-six. However, a surviving child shall not be
31provided coverage as required by this section for the period
32of time beginning on the date the child becomes enrolled for
33coverage under Medicaid, and ending on the date the child is no
34longer enrolled for coverage under Medicaid.
354. a. Except as provided in paragraph “b”, a surviving
-1-1spouse of an eligible peace officer shall be provided coverage
2as required by this section, with the full cost of the
3coverage paid by the applicable governing body, county board
4of supervisors, or city council, until the date on which the
5surviving spouse becomes eligible for coverage under Medicare.
6b. A surviving spouse shall not be provided coverage with
7the full cost of the coverage paid by the applicable governing
8body, county board of supervisors, or city council, as provided
9by this subsection, if any of the following apply:
10(1) The surviving spouse is eligible, and remains eligible,
11for comparable group medical coverage, whether insured or
12self-insured.
13(2) The surviving spouse becomes enrolled, and remains
14enrolled, for coverage under Medicaid.
15(3) The surviving spouse remarries, and remains married.
165. Notwithstanding any other provision of law, a surviving
17spouse who is no longer eligible for coverage under this
18section with the full cost of the coverage paid by the
19applicable governing body, county board of supervisors, or city
20council, pursuant to subsection 4, paragraph “b”, may elect
21to continue accident or health care coverage by requesting
22continuation in writing to the applicable governing body,
23county board of supervisors, or city council within thirty-one
24days after the date the surviving spouse is no longer eligible
25for coverage as provided in subsection 4, paragraph “b”. A
26surviving spouse electing to continue coverage under this
27subsection shall pay the premium for the accident or health
28care coverage in the same manner as, and at the same premium
29paid by, employees covered by the accident or health care
30coverage.
316. A governing body, a county board of supervisors, or a
32city council shall notify the provider of accident or health
33care coverage for its employees of a surviving spouse and
34each surviving child to be provided coverage pursuant to the
35requirements of this section.
-2- 17. This section shall not require continuation of coverage
2if the surviving spouse or surviving child who would otherwise
3be entitled to continuation of coverage under this section was,
4through the surviving spouse’s or surviving child’s actions, a
5substantial contributing factor to the eligible peace officer’s
6death.
7 Sec. 2. APPLICABILITY — HEALTH CARE COVERAGE FOR PRIOR
8DEATHS. The surviving spouse and each surviving child of a
9peace officer as defined in section 801.4, who died on or
10after January 1, 1985, but before July 1, 2000, to which the
11requirements for providing a line of duty death pursuant to
12section 97A.6, subsection 16, section 97B.52, subsection 2,
13or section 411.6, subsection 15, would otherwise have been
14established, and the surviving spouse and each surviving child
15of an eligible peace officer as defined in section 509A.13C, as
16enacted in this Act, shall be entitled to coverage as provided
17in section 509A.13C upon written notification of the applicable
18governing body, county board of supervisors, or city council.
19Coverage provided under section 509A.13C pursuant to this
20section shall be for claims for services incurred on or after
21the date of reenrollment.
22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
25retroactively to a death occurring on or after January 1, 1985.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill requires a city, county, or the state to continue
30to provide group health insurance benefits to the surviving
31spouse and children of an eligible peace officer who is defined
32as a peace officer who died and to which a line of duty death
33benefit is payable under Code chapter 97A, 97B, or 411.
34The bill provides that a surviving child of an eligible peace
35officer shall be provided coverage with the full cost paid by
-3-1the city, county, or state that employed the eligible peace
2officer until the child reaches the age of 26. In addition,
3the former employer is not required to provide coverage at the
4employer’s cost for that period of time that the child becomes
5enrolled, and remains enrolled, under Medicaid.
6The bill provides that a surviving spouse of an eligible
7peace officer shall be provided coverage with the full cost
8paid by the city, county, or state that employed the eligible
9peace officer until the date the surviving spouse becomes
10eligible for coverage under Medicare. In addition, the former
11employer of the peace officer is not required to provide
12coverage at the full cost of the former employer of the peace
13officer for that period of time that the surviving spouse is
14eligible and remains eligible for comparable group medical
15coverage, becomes enrolled and remains enrolled under Medicaid,
16or remarries and remains married.
17The bill also provides that a surviving spouse who is not
18yet eligible for Medicare but is otherwise no longer eligible
19to have the full cost of the continuing health care paid under
20the bill may elect to continue the health care coverage by
21paying the premium for the coverage in the same manner as, and
22at the same premium paid by, employees covered by the health
23care coverage.
24The bill also requires the city, county, or state that
25employed the eligible peace officer to notify the provider of
26health care coverage of any surviving spouse or child to be
27provided health care coverage. The bill also provides that
28a surviving spouse or child who caused the eligible peace
29officer’s death is not entitled to continuation of coverage.
30The bill takes effect upon enactment and applies to deaths
31of a peace officer occurring on or after January 1, 1985. For
32deaths on or after January 1, 1985, but before the effective
33date of the bill, the bill provides that the surviving spouse
34and each surviving child of a peace officer to which a line of
35duty death benefit was payable or the requirements for a line
-4-1of duty death benefit would otherwise have been established
2shall be entitled to coverage as provided in the bill upon
3written notification of the applicable governing body, county
4board of supervisors, or city council. The bill provides
5that coverage provided shall only be for claims for services
6incurred on or after the date of reenrollment in the health
7care coverage.
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2certain surviving spouses and children of peace officers
3killed in the line of duty, and including effective date and
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 509A.13C Health care coverage for
2surviving spouse and children of peace officers killed in the
3line of duty.
41. For the purposes of this section, “eligible peace
5officer” means a peace officer as defined in section 801.4,
6to which a line of duty death benefit is payable pursuant to
7section 97A.6, subsection 16, section 97B.52, subsection 2, or
8section 411.6, subsection 15.
92. a. If a governing body, a county board of supervisors,
10or a city council has procured accident or health care coverage
11for its employees under this chapter, such coverage shall
12permit continuation of existing coverage or reenrollment in
13previously existing coverage for the surviving spouse and each
14surviving child of an eligible peace officer subject to the
15requirements of this section.
16b. A governing body, a county board of supervisors, or
17a city council shall also provide continuation of existing
18coverage for the surviving spouse and each surviving child of
19a peace officer as defined in section 801.4, who dies and to
20which a line of duty death benefit is reasonably expected to
21be payable pursuant to section 97A.6, subsection 16, section
2297B.52, subsection 2, or section 411.6, subsection 15, until
23such time as the determination of whether to provide a line of
24duty death benefit is made.
253. A surviving child of an eligible peace officer shall be
26provided coverage as required by this section, with the full
27cost of the coverage paid by the applicable governing body,
28county board of supervisors, or city council, until the policy
29anniversary date on or after the date the child attains the
30age of twenty-six. However, a surviving child shall not be
31provided coverage as required by this section for the period
32of time beginning on the date the child becomes enrolled for
33coverage under Medicaid, and ending on the date the child is no
34longer enrolled for coverage under Medicaid.
354. a. Except as provided in paragraph “b”, a surviving
-1-1spouse of an eligible peace officer shall be provided coverage
2as required by this section, with the full cost of the
3coverage paid by the applicable governing body, county board
4of supervisors, or city council, until the date on which the
5surviving spouse becomes eligible for coverage under Medicare.
6b. A surviving spouse shall not be provided coverage with
7the full cost of the coverage paid by the applicable governing
8body, county board of supervisors, or city council, as provided
9by this subsection, if any of the following apply:
10(1) The surviving spouse is eligible, and remains eligible,
11for comparable group medical coverage, whether insured or
12self-insured.
13(2) The surviving spouse becomes enrolled, and remains
14enrolled, for coverage under Medicaid.
15(3) The surviving spouse remarries, and remains married.
165. Notwithstanding any other provision of law, a surviving
17spouse who is no longer eligible for coverage under this
18section with the full cost of the coverage paid by the
19applicable governing body, county board of supervisors, or city
20council, pursuant to subsection 4, paragraph “b”, may elect
21to continue accident or health care coverage by requesting
22continuation in writing to the applicable governing body,
23county board of supervisors, or city council within thirty-one
24days after the date the surviving spouse is no longer eligible
25for coverage as provided in subsection 4, paragraph “b”. A
26surviving spouse electing to continue coverage under this
27subsection shall pay the premium for the accident or health
28care coverage in the same manner as, and at the same premium
29paid by, employees covered by the accident or health care
30coverage.
316. A governing body, a county board of supervisors, or a
32city council shall notify the provider of accident or health
33care coverage for its employees of a surviving spouse and
34each surviving child to be provided coverage pursuant to the
35requirements of this section.
-2- 17. This section shall not require continuation of coverage
2if the surviving spouse or surviving child who would otherwise
3be entitled to continuation of coverage under this section was,
4through the surviving spouse’s or surviving child’s actions, a
5substantial contributing factor to the eligible peace officer’s
6death.
7 Sec. 2. APPLICABILITY — HEALTH CARE COVERAGE FOR PRIOR
8DEATHS. The surviving spouse and each surviving child of a
9peace officer as defined in section 801.4, who died on or
10after January 1, 1985, but before July 1, 2000, to which the
11requirements for providing a line of duty death pursuant to
12section 97A.6, subsection 16, section 97B.52, subsection 2,
13or section 411.6, subsection 15, would otherwise have been
14established, and the surviving spouse and each surviving child
15of an eligible peace officer as defined in section 509A.13C, as
16enacted in this Act, shall be entitled to coverage as provided
17in section 509A.13C upon written notification of the applicable
18governing body, county board of supervisors, or city council.
19Coverage provided under section 509A.13C pursuant to this
20section shall be for claims for services incurred on or after
21the date of reenrollment.
22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies
25retroactively to a death occurring on or after January 1, 1985.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill requires a city, county, or the state to continue
30to provide group health insurance benefits to the surviving
31spouse and children of an eligible peace officer who is defined
32as a peace officer who died and to which a line of duty death
33benefit is payable under Code chapter 97A, 97B, or 411.
34The bill provides that a surviving child of an eligible peace
35officer shall be provided coverage with the full cost paid by
-3-1the city, county, or state that employed the eligible peace
2officer until the child reaches the age of 26. In addition,
3the former employer is not required to provide coverage at the
4employer’s cost for that period of time that the child becomes
5enrolled, and remains enrolled, under Medicaid.
6The bill provides that a surviving spouse of an eligible
7peace officer shall be provided coverage with the full cost
8paid by the city, county, or state that employed the eligible
9peace officer until the date the surviving spouse becomes
10eligible for coverage under Medicare. In addition, the former
11employer of the peace officer is not required to provide
12coverage at the full cost of the former employer of the peace
13officer for that period of time that the surviving spouse is
14eligible and remains eligible for comparable group medical
15coverage, becomes enrolled and remains enrolled under Medicaid,
16or remarries and remains married.
17The bill also provides that a surviving spouse who is not
18yet eligible for Medicare but is otherwise no longer eligible
19to have the full cost of the continuing health care paid under
20the bill may elect to continue the health care coverage by
21paying the premium for the coverage in the same manner as, and
22at the same premium paid by, employees covered by the health
23care coverage.
24The bill also requires the city, county, or state that
25employed the eligible peace officer to notify the provider of
26health care coverage of any surviving spouse or child to be
27provided health care coverage. The bill also provides that
28a surviving spouse or child who caused the eligible peace
29officer’s death is not entitled to continuation of coverage.
30The bill takes effect upon enactment and applies to deaths
31of a peace officer occurring on or after January 1, 1985. For
32deaths on or after January 1, 1985, but before the effective
33date of the bill, the bill provides that the surviving spouse
34and each surviving child of a peace officer to which a line of
35duty death benefit was payable or the requirements for a line
-4-1of duty death benefit would otherwise have been established
2shall be entitled to coverage as provided in the bill upon
3written notification of the applicable governing body, county
4board of supervisors, or city council. The bill provides
5that coverage provided shall only be for claims for services
6incurred on or after the date of reenrollment in the health
7care coverage.
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