Bill Text: IA HF2351 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to continuation of health care coverage for certain surviving spouses and children of peace officers killed in the line of duty, and including effective date and retroactive applicability provisions. (Formerly HF 2049.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2018-03-06 - Subcommittee recommends passage. [HF2351 Detail]
Download: Iowa-2017-HF2351-Introduced.html
House File 2351 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2049) A BILL FOR 1 An Act relating to continuation of health care coverage for 2 certain surviving spouses and children of peace officers 3 killed in the line of duty, and including effective date and 4 retroactive applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5643HV (2) 87 ec/rj PAG LIN 1 1 Section 1. NEW SECTION. 509A.13C Health care coverage for 1 2 surviving spouse and children of peace officers killed in the 1 3 line of duty. 1 4 1. For the purposes of this section, "eligible peace 1 5 officer" means a peace officer as defined in section 801.4, 1 6 to which a line of duty death benefit is payable pursuant to 1 7 section 97A.6, subsection 16, section 97B.52, subsection 2, or 1 8 section 411.6, subsection 15. 1 9 2. a. If a governing body, a county board of supervisors, 1 10 or a city council has procured accident or health care coverage 1 11 for its employees under this chapter, such coverage shall 1 12 permit continuation of existing coverage or reenrollment in 1 13 previously existing coverage for the surviving spouse and each 1 14 surviving child of an eligible peace officer subject to the 1 15 requirements of this section. 1 16 b. A governing body, a county board of supervisors, or 1 17 a city council shall also provide continuation of existing 1 18 coverage for the surviving spouse and each surviving child of 1 19 a peace officer as defined in section 801.4, who dies and to 1 20 which a line of duty death benefit is reasonably expected to 1 21 be payable pursuant to section 97A.6, subsection 16, section 1 22 97B.52, subsection 2, or section 411.6, subsection 15, until 1 23 such time as the determination of whether to provide a line of 1 24 duty death benefit is made. 1 25 3. A surviving child of an eligible peace officer shall be 1 26 provided coverage as required by this section, with the full 1 27 cost of the coverage paid by the applicable governing body, 1 28 county board of supervisors, or city council, until the policy 1 29 anniversary date on or after the date the child attains the 1 30 age of twenty=six. However, a surviving child shall not be 1 31 provided coverage as required by this section for the period 1 32 of time beginning on the date the child becomes enrolled for 1 33 coverage under Medicaid, and ending on the date the child is no 1 34 longer enrolled for coverage under Medicaid. 1 35 4. a. Except as provided in paragraph "b", a surviving 2 1 spouse of an eligible peace officer shall be provided coverage 2 2 as required by this section, with the full cost of the 2 3 coverage paid by the applicable governing body, county board 2 4 of supervisors, or city council, until the date on which the 2 5 surviving spouse becomes eligible for coverage under Medicare. 2 6 b. A surviving spouse shall not be provided coverage with 2 7 the full cost of the coverage paid by the applicable governing 2 8 body, county board of supervisors, or city council, as provided 2 9 by this subsection, if any of the following apply: 2 10 (1) The surviving spouse is eligible, and remains eligible, 2 11 for comparable group medical coverage, whether insured or 2 12 self=insured. 2 13 (2) The surviving spouse becomes enrolled, and remains 2 14 enrolled, for coverage under Medicaid. 2 15 (3) The surviving spouse remarries, and remains married. 2 16 5. Notwithstanding any other provision of law, a surviving 2 17 spouse who is no longer eligible for coverage under this 2 18 section with the full cost of the coverage paid by the 2 19 applicable governing body, county board of supervisors, or city 2 20 council, pursuant to subsection 4, paragraph "b", may elect 2 21 to continue accident or health care coverage by requesting 2 22 continuation in writing to the applicable governing body, 2 23 county board of supervisors, or city council within thirty=one 2 24 days after the date the surviving spouse is no longer eligible 2 25 for coverage as provided in subsection 4, paragraph "b". A 2 26 surviving spouse electing to continue coverage under this 2 27 subsection shall pay the premium for the accident or health 2 28 care coverage in the same manner as, and at the same premium 2 29 paid by, employees covered by the accident or health care 2 30 coverage. 2 31 6. A governing body, a county board of supervisors, or a 2 32 city council shall notify the provider of accident or health 2 33 care coverage for its employees of a surviving spouse and 2 34 each surviving child to be provided coverage pursuant to the 2 35 requirements of this section. 3 1 7. This section shall not require continuation of coverage 3 2 if the surviving spouse or surviving child who would otherwise 3 3 be entitled to continuation of coverage under this section was, 3 4 through the surviving spouse's or surviving child's actions, a 3 5 substantial contributing factor to the eligible peace officer's 3 6 death. 3 7 Sec. 2. APPLICABILITY ==== HEALTH CARE COVERAGE FOR PRIOR 3 8 DEATHS. The surviving spouse and each surviving child of a 3 9 peace officer as defined in section 801.4, who died on or 3 10 after January 1, 1985, but before July 1, 2000, to which the 3 11 requirements for providing a line of duty death pursuant to 3 12 section 97A.6, subsection 16, section 97B.52, subsection 2, 3 13 or section 411.6, subsection 15, would otherwise have been 3 14 established, and the surviving spouse and each surviving child 3 15 of an eligible peace officer as defined in section 509A.13C, as 3 16 enacted in this Act, shall be entitled to coverage as provided 3 17 in section 509A.13C upon written notification of the applicable 3 18 governing body, county board of supervisors, or city council. 3 19 Coverage provided under section 509A.13C pursuant to this 3 20 section shall be for claims for services incurred on or after 3 21 the date of reenrollment. 3 22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 3 23 importance, takes effect upon enactment. 3 24 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 3 25 retroactively to a death occurring on or after January 1, 1985. 3 26 EXPLANATION 3 27 The inclusion of this explanation does not constitute agreement with 3 28 the explanation's substance by the members of the general assembly. 3 29 This bill requires a city, county, or the state to continue 3 30 to provide group health insurance benefits to the surviving 3 31 spouse and children of an eligible peace officer who is defined 3 32 as a peace officer who died and to which a line of duty death 3 33 benefit is payable under Code chapter 97A, 97B, or 411. 3 34 The bill provides that a surviving child of an eligible peace 3 35 officer shall be provided coverage with the full cost paid by 4 1 the city, county, or state that employed the eligible peace 4 2 officer until the child reaches the age of 26. In addition, 4 3 the former employer is not required to provide coverage at the 4 4 employer's cost for that period of time that the child becomes 4 5 enrolled, and remains enrolled, under Medicaid. 4 6 The bill provides that a surviving spouse of an eligible 4 7 peace officer shall be provided coverage with the full cost 4 8 paid by the city, county, or state that employed the eligible 4 9 peace officer until the date the surviving spouse becomes 4 10 eligible for coverage under Medicare. In addition, the former 4 11 employer of the peace officer is not required to provide 4 12 coverage at the full cost of the former employer of the peace 4 13 officer for that period of time that the surviving spouse is 4 14 eligible and remains eligible for comparable group medical 4 15 coverage, becomes enrolled and remains enrolled under Medicaid, 4 16 or remarries and remains married. 4 17 The bill also provides that a surviving spouse who is not 4 18 yet eligible for Medicare but is otherwise no longer eligible 4 19 to have the full cost of the continuing health care paid under 4 20 the bill may elect to continue the health care coverage by 4 21 paying the premium for the coverage in the same manner as, and 4 22 at the same premium paid by, employees covered by the health 4 23 care coverage. 4 24 The bill also requires the city, county, or state that 4 25 employed the eligible peace officer to notify the provider of 4 26 health care coverage of any surviving spouse or child to be 4 27 provided health care coverage. The bill also provides that 4 28 a surviving spouse or child who caused the eligible peace 4 29 officer's death is not entitled to continuation of coverage. 4 30 The bill takes effect upon enactment and applies to deaths 4 31 of a peace officer occurring on or after January 1, 1985. For 4 32 deaths on or after January 1, 1985, but before the effective 4 33 date of the bill, the bill provides that the surviving spouse 4 34 and each surviving child of a peace officer to which a line of 4 35 duty death benefit was payable or the requirements for a line 5 1 of duty death benefit would otherwise have been established 5 2 shall be entitled to coverage as provided in the bill upon 5 3 written notification of the applicable governing body, county 5 4 board of supervisors, or city council. The bill provides 5 5 that coverage provided shall only be for claims for services 5 6 incurred on or after the date of reenrollment in the health 5 7 care coverage. LSB 5643HV (2) 87 ec/rj
