6442-S AMS ERIC S5259.4

SSB 6442  - S AMD291
     By Senator Ericksen

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Each year, nearly one billion dollars in public funds are spent on the purchase of employee insurance benefits for more than two hundred thousand public school employees and their dependents;
     (b) There is a lack of transparency and accountability for funds appropriated for school employee benefits. The legislature is unable to exercise appropriate oversight over the disposition of state funds due to this lack of transparency;
     (2) Therefore, the legislature intends to improve transparency of financial data to assure prudent and efficient use of taxpayers' funds.

Sec. 2   RCW 28A.400.350 and 2011 c 269 s 2 are each amended to read as follows:
     (1) The board of directors of any of the state's school districts or educational service districts may make available liability, life, health, health care, accident, disability, and salary protection or insurance, direct agreements as defined in chapter 48.150 RCW, or any one of, or a combination of the types of employee benefits enumerated in this subsection, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district or educational service district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990, pursuant to the approval of the authority administrator, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law. Any direct agreement must comply with RCW 48.150.050.
     (2) Whenever funds are available for these purposes the board of directors of the school district or educational service district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts or educational service districts and their dependents. The premiums on such liability insurance shall be borne by the school district or educational service district.
     After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
     (3) For school board members, educational service district board members, and students, the premiums due on such protection or insurance shall be borne by the assenting school board member, educational service district board member, or student. The school district or educational service district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school, school district, or educational service district. The school district board of directors and the educational service district board may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors or the educational service district board, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district or educational service district to students participating in extracurricular activities, for those students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities.
     (4) All contracts for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.
     (5) All entities that contract for school district medical, vision, or dental insurance, whether a private carrier, third-party administrator, or self-insuring entity, must provide data annually to the office of the superintendent of public instruction and the office of financial management, as instructed by the office of financial management. The data must include, but not be limited to:
     (a) Premium expenses, or claims expenses for the self-insured plans, in total and by plan enrollment;
     (b) Reserves and administrative expenses related to the insurance, including the administrative expenses paid by the carrier and the school district and any fee or compensation paid to brokers;
     (c) Enrollment information on the number of enrollees in each type of coverage, including the number of employees and the number of dependents.
     (6) In addition to the insurance financial data above, the school district must provide an accounting of the sources of revenue supporting insurance benefits, including the state, federal, and local funds as well as documentation of the employee cost-sharing.
     (7) If a school district or the contractor fails to comply with any reporting requirements established by the office of financial management, the allocation of state funds for support of the school district may be withheld. Written notice of the intent to withhold state funds shall be made to the school districts before any portion of the state allocation is withheld.
     (8) All contracts for insurance must be held to responsible contracting standards, meaning a fair, prudent, and accountable competitive procedure for procuring services that includes:
     (a) Accurate cost comparisons to assure cost-effective purchasing;
     (b) Assuring contractor compliance with workplace, tax, and other laws and consideration of past and pending legal actions concerning the contractor's contractual performance;
     (c) Sufficient documentation to enable an effective audit trail for subsequent reviews of the contracting process; and
     (d) An open competitive process, except where an open process would compromise cost-effective purchasing. In such instances, there should be documentation justifying the approach.

NEW SECTION.  Sec. 3   The office of financial management shall monitor the financial reports provided by the school districts and report to the legislature on September 15, 2013, on the progress school districts are making in the areas of transparency."

SSB 6442  - S AMD
     By Senator

     On page 1, line 2 of the title, after "employees;" strike the remainder of the title and insert "amending RCW 28A.400.350; and creating new sections."

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