Passed by the House April 15, 2011 Yeas 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 8, 2011 Yeas 49   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1790 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved May 5, 2011, 10:20 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 6, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to school district contracts with direct practice health providers; and amending RCW 28A.400.280 and 28A.400.350.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.400.280 and 1990 1st ex.s. c 11 s 6 are each
amended to read as follows:
(1) Except as provided in subsection (2) of this section, school
districts may provide employer fringe benefit contributions after
October 1, 1990, only for basic benefits. However, school districts
may continue payments under contracts with employees or benefit
providers in effect on April 13, 1990, until the contract expires.
(2) School districts may provide employer contributions after
October 1, 1990, for optional benefit plans, in addition to basic
benefits, only for employees included in pooling arrangements under
this subsection. Optional ((benefit plans)) benefits may include
direct agreements as defined in chapter 48.150 RCW, but may not include
employee beneficiary accounts that can be liquidated by the employee on
termination of employment. Optional benefit plans may be offered only
if:
(a) The school district pools benefit allocations among employees
using a pooling arrangement that includes at least one employee
bargaining unit and/or all nonbargaining group employees;
(b) Each full-time employee included in the pooling arrangement is
offered basic benefits, including coverage for dependents, without a
payroll deduction for premium charges;
(c) Each full-time employee included in the pooling arrangement,
regardless of the number of dependents receiving basic coverage,
receives the same additional employer contribution for other coverage
or optional benefits; and
(d) For part-time employees included in the pooling arrangement,
participation in optional benefit plans shall be governed by the same
eligibility criteria and/or proration of employer contributions used
for allocations for basic benefits.
(3) Savings accruing to school districts due to limitations on
benefit options under this section shall be pooled and made available
by the districts to reduce out-of-pocket premium expenses for employees
needing basic coverage for dependents. School districts are not
intended to divert state benefit allocations for other purposes.
Sec. 2 RCW 28A.400.350 and 2001 c 266 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 ((enumerated)) types of ((insurance))
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.