PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-11-099.
Title of Rule: Chapter 182-12 WAC, Eligible and noneligible employees.
Purpose: WAC 182-12-111 condenses rules for different eligible groups (political subdivisions and school districts) into one standard for group participation requirements and eliminates duplication. WAC 182-12-119 clarifies the language regarding eligibility for "extended dependents" and the court order necessary to demonstrate legal custody.
Statutory Authority for Adoption: Chapter 41.05 RCW.
Statute Being Implemented: RCW 41.05.160.
Summary: WAC 182-12-111 condenses rules for different eligible groups (political subdivisions and school districts) into one standard for group participation requirements and eliminates duplication. WAC 182-12-119 clarifies the language regarding eligibility for "extended dependents" and the court order necessary to demonstrate legal custody.
Name of Agency Personnel Responsible for Drafting: Mich'l Needham, Health Care Authority, 923-2735; Implementation and Enforcement: MaryAnne Lindeblad, Health Care Authority, 923-2640.
Name of Proponent: Health Care Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 182-12-111, condenses two different sets of requirements and combines them into one set of criteria for groups interested in participating in the PEBB insurance program. This will streamline the rules and the administration of this program (i.e., one standard form, and one standard booklet).
WAC 182-12-119, inserts clarifying language into WAC and replaces confusing terminology (i.e. "foster children" for PEBB are not DSHS foster children so this uses a more neutral term "extended dependents."
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required. The Joint Administrative Rules Review Committee has not requested the filing of a small business economic impact statement, and costs to businesses will be negligible.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to Health Care Authority rules unless requested by the Joint Administrative Rules Review Committee or applied voluntarily.
Hearing Location: Tyee Hotel, Skokomish Room, Tumwater, Washington, on August 10, 1999, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Nikki Johnson by August 4, 1999, TDD (888) 923-5622, or (360) 923-2805.
Submit Written Comments to: Mich'l Needham, fax (360) 923-2602, by August 17, 1999.
Date of Intended Adoption: September 4, 1999.
July 7, 1999
Elin Meyer
Rules Coordinator
OTS-3180.1
AMENDATORY SECTION(Amending WSR 97-21-127, filed 10/21/97, effective 11/21/97)
WAC 182-12-111
Eligible entities and individuals.
The following entities and individuals shall be eligible to participate in PEBB insurance plans subject to the terms and conditions set forth below:
(1) State agencies. Every department, division, or separate agency of state government, including all state higher education institutions, including the higher education coordinating board, and the state board for community and technical colleges is eligible and required to participate in all PEBB approved plans. Insurance and health care contributions for ferry employees shall be governed by RCW 47.64.270.
Employees of technical colleges previously enrolled in a benefits trust may terminate PEBB coverage by January 1, 1996, or the expiration of the current collective bargaining agreements, whichever is later. Employees electing to terminate PEBB coverage have a one-time re-enrollment option after a five year wait. Employees of a bargaining unit may terminate only as an entire bargaining unit. All administrative or managerial employees may terminate only as an entire unit.
Technical colleges with employees enrolled in a benefits trust shall remit to the HCA a retiree remittance as specified in the omnibus appropriations act, for each full-time employee equivalent. The remittance may be prorated for employees receiving a prorated portion of benefits.
(2) Employees of employee organizations representing state civil service employees, at the option of each employee organization, and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of such employee organization.
(3) Employees of a school district, educational service district, county, municipality, or other political subdivision of the state may participate in PEBB insurance programs provided:
(a) All eligible employees of the entity transfer to PEBB plan coverage as a unit. ((Bargaining units with other group coverage mandated by their collective bargaining agreement
will be permitted to waive PEBB coverage as an entire unit, with the approval of the HCA.)) If
the employer group meets the minimum size standards established by HCA, bargaining units
may elect to participate separately from the whole group, and the nonrepresented employees may
elect to participate separately from the whole group provided all nonrepresented employees join
as a group.
(b) The legislative authority or the board of directors obligates itself to participate in all
PEBB insurance plans. The PEBB medical ((and dental plans)) must be the only employer
sponsored medical ((and dental)) plans available to all eligible employees.
(c) The legislative authority of the entity or the board of directors submits an application together with employee census data and, if available, prior claims experience of the entity to the HCA. The application to participate in the PEBB plans is subject to the approval of the HCA.
(d) The legislative authority or the board of directors agrees to maintain its PEBB plan participation for a minimum of one full year, and then through the end of the plan year.
(e) The terms and conditions for the payment of the insurance premiums shall be set forth in the provisions of the bargaining agreement or terms of employment and shall comply with the employer contribution requirements specified in the governing statute. These provisions, including eligibility, shall be subject to review and approval by the HCA at the time of application for participation. Any substantive changes will be submitted to HCA.
(f) The eligibility requirements for dependents shall be the same as the requirements for dependents of the state employees and retirees as defined in WAC 182-12-119.
(g) The legislative authority or the board of directors shall provide the HCA written notice of its intent to terminate PEBB plan participation no later than thirty days prior to the effective date of termination. If a county, municipality, or political subdivision, or employees of employee organizations as defined in WAC 182-12-111(2) terminates coverage in PEBB insurance plans, retired and disabled employees who began participating after September 15, 1991, will no longer be eligible to participate in PEBB insurance plans beyond the mandatory extension requirements specified in WAC 182-12-215.
(((f) The HCA administrator approves the entity's application.
(4) School districts and educational service districts. Bargaining units and nonrepresented employees of school districts and educational service districts of the state may participate in PEBB insurance programs provided:
(a) The PEBB plans must be the only medical and dental plans made available to the members of the bargaining unit through their employment by the school district or educational service district.
(b) All eligible employees of the bargaining unit transfer as a unit and all nonrepresented employees transfer as a unit.
(c) The terms and conditions for the payment of insurance premiums shall be set forth in the provisions of the bargaining agreement and shall comply with the employer contribution requirements specified in RCW 28A.400.280. These provisions of the collective bargaining agreement, including eligibility, shall be subject to review and approval by the PEBB at the time of application for participation.
(d) The application to participate in the PEBB plans is subject to the approval of the HCA.
(e) The eligibility requirements for dependents of school district and educational service district employees shall be the same as the requirements for dependents of the state employees and retirees as defined in WAC 182-12-115(10).
(f) The bargaining unit or unit of nonrepresented employees must agree to maintain its PEBB plan participation for a minimum of one full year, and then through the end of the school year.
(5))) (4) Eligible nonemployees:
(a) Dislocated forest products workers enrolled in the employment and career orientation program pursuant to chapter 50.70 RCW shall be eligible for PEBB medical and dental plan coverage while enrolled in that program.
(b) School board members or students eligible to participate under RCW 28A.400.350.
[Statutory Authority: RCW 41.05.160. 97-21-127, § 182-12-111, filed 10/21/97, effective 11/21/97. Statutory Authority: Chapter 41.05 RCW. 96-08-043, § 182-12-111, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 41.04.205, 41.05.065, 41.05.011, 41.05.080 and chapter 41.05 RCW. 92-03-040, § 182-12-111, filed 1/10/92, effective 1/10/92. Statutory Authority: Chapter 41.05 RCW. 78-02-015 (Order 2-78), § 182-12-111, filed 1/10/78.]
"Eligible dependents." The following are eligible as dependents under the PEBB eligibility rules:
(1) Lawful spouse.
(2) Dependent children through age nineteen. The term "children" includes the
subscriber's natural children, stepchildren, legally adopted children, children for whom the
subscriber has assumed a legal obligation for total or partial support of a child in anticipation of
adoption of the child, or children specified in a court order or divorce decree. Married children
who qualify as dependents of the subscriber under the Internal Revenue Code, and ((foster
children)) extended dependents approved by the HCA are included. To qualify for HCA
approval, ((a foster child must)) the subscriber must demonstrate legal custody for the child with
a court order, and:
(a) Be living with the subscriber in a parent-child relationship;
(b) Be dependent upon the subscriber for financial support;
(c) Not be eligible for coverage under Medicare, Medicaid, or similar government entitlement programs; and
(d) Not be a foster child for whom support payments are made to the subscriber through the state department of social and health services (DSHS) foster care program.
(3) Dependent children age twenty through age twenty-three who are dependent upon the employee/retiree for maintenance and support, and who are registered students in full-time attendance at an accredited secondary school, college, university, vocational school, or school of nursing. Dependent student eligibility continues year-round for those who attend three of the four school quarters or two semesters and for the quarter following graduation provided the employee/retiree is covered at the same time; the dependent limiting age has not been exceeded; and the dependent meets all other eligibility requirements.
(4) Dependent children of any age who are incapable of self-support due to developmental or physical disability, provided such condition occurs prior to age twenty or during the time the dependent was covered under a PEBB plan as a full-time student. Proof of such disability and dependency must be furnished prior to the dependent's attainment of age twenty or loss of eligibility for student coverage, and as periodically requested thereafter.
(5) Dependent parents. Dependent parents covered under a PEBB medical plan before July 1, 1990, may continue enrollment on a self-pay basis as long as:
(a) The parent maintains continuous coverage in a PEBB-sponsored medical plan;
(b) The parent continues to qualify under the Internal Revenue Code as a dependent of an eligible subscriber;
(c) The subscriber who claimed the parent as a dependent continues enrollment in a PEBB program; and
(d) The parent is not covered by any other group medical insurance. Dependent parents may be enrolled in a different PEBB plan than that selected by the eligible subscriber; however, dependent parents may not add additional family members to their coverage.
(6) Surviving dependents.
(a) The following surviving dependents may continue their medical and dental coverages on a self-pay basis:
(i) If a dependent loses eligibility under a PEBB plan due to the death of the employee, the dependent(s) may continue coverage under a retiree plan provided the dependent(s) will immediately begin receiving a monthly benefit from any state of Washington-sponsored retirement system (the Federal Civil Service Retirement System shall be considered a Washington sponsored retirement system for Washington State University cooperative extension service employees who held a federal civil service appointment and who were covered under the PEBB program at the time of death).
(ii) If a surviving dependent of a PEBB employee is not eligible for a monthly retirement income benefit, or lump-sum payment because the monthly pension payment would be less than $50, the dependent may be eligible for continued coverage under COBRA.
(iii) Dependents of retirees covered under a PEBB plan at the time of the retiree's death are eligible to continue PEBB retiree coverage.
(iv) Surviving spouses and/or eligible dependent children of a deceased school district or educational service district employee who were not enrolled in a PEBB plan at the time of death may continue coverage provided the employee died on or after October 1, 1993 and the dependent(s) immediately began receiving a retirement benefit allowance under chapter 41.32 or 41.40 RCW.
(b) Application for surviving dependent(s) coverage must be made in writing on the enrollment form approved by the health care authority within sixty days from the date of death of the employee or retiree. Coverage is retroactive to the date the employee or retiree coverage terminated subject to the payment of the premium. The employee's or retiree's spouse may continue coverage indefinitely; other dependents may continue coverage until they lose eligibility under PEBB rules.
[Statutory Authority: RCW 41.05.160. 97-21-127, § 182-12-119, filed 10/21/97, effective 11/21/97. Statutory Authority: Chapter 41.05 RCW. 96-08-043, § 182-12-119, filed 3/29/96, effective 4/29/96.]