Senate Bill No. 446–Committee on Human Resources
and Facilities
(On Behalf of Legislative Committee
on Health Care)
March 15, 1999
____________
Referred to Committee on Finance
SUMMARY—Requires committee on benefits to provide long-term care coverage for state employees and retirees. (BDR 23-1131)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,1-3
municipal corporation, political subdivision, public corporation or other1-4
public agency of the State of Nevada may:1-5
(a) Adopt and carry into effect a system of group life, accident ,1-6
health or long-term care insurance, or any combination thereof, for the1-7
benefit of its officers and employees, and the dependents of officers and1-8
employees who elect to accept the insurance and who, where necessary,1-9
have authorized the governing body to make deductions from their1-10
compensation for the payment of premiums on the insurance.1-11
(b) Purchase group policies of life, accident ,1-12
care insurance, or any combination thereof, for the benefit of such officers2-1
and employees, and the dependents of such officers and employees, as have2-2
authorized the purchase, from insurance companies authorized to transact2-3
the business of such insurance in the State of Nevada, and, where2-4
necessary, deduct from the compensation of officers and employees the2-5
premiums upon insurance and pay the deductions upon the premiums.2-6
(c) Provide group life, accident ,2-7
through a self-insurance reserve fund and, where necessary, deduct2-8
contributions to the maintenance of the fund from the compensation of2-9
officers and employees and pay the deductions into the fund. The money2-10
accumulated for this purpose through deductions from the compensation of2-11
officers and employees and contributions of the governing body must be2-12
maintained as an internal service fund as defined by NRS 354.543. The2-13
money must be deposited in a state or national bank authorized to transact2-14
business in the State of Nevada. Any independent administrator of a fund2-15
created under this section is subject to the licensing requirements of chapter2-16
683A of NRS, and must be a resident of this state. Any contract with an2-17
independent administrator must be approved by the commissioner of2-18
insurance as to the reasonableness of administrative charges in relation to2-19
contributions collected and benefits provided. The provisions of NRS2-20
689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to2-21
this paragraph.2-22
(d) Defray part or all of the cost of maintenance of a self-insurance fund2-23
or of the premiums upon insurance. The money for contributions must be2-24
budgeted for in accordance with the laws governing the county, school2-25
district, municipal corporation, political subdivision, public corporation or2-26
other public agency of the State of Nevada.2-27
2. If a school district offers group insurance to its officers and2-28
employees pursuant to this section, members of the board of trustees of the2-29
school district must not be excluded from participating in the group2-30
insurance. If the amount of the deductions from compensation required to2-31
pay for the group insurance exceeds the compensation to which a trustee is2-32
entitled, the difference must be paid by the trustee.2-33
Sec. 2. NRS 287.043 is hereby amended to read as follows: 287.043 The committee on benefits shall:2-35
1. Act as an advisory body on matters relating to group life, accident ,2-36
2-37
program to reduce taxable compensation or other forms of compensation2-38
other than deferred compensation, for the benefit of all state officers and2-39
employees and other persons who participate in the state’s program of2-40
group insurance.2-41
2. Except as otherwise provided in this subsection, negotiate and2-42
contract with the governing body of any public agency enumerated in NRS2-43
287.010 which is desirous of obtaining group insurance for its officers,3-1
employees and retired employees by participation in the state’s program of3-2
group insurance. The committee shall establish separate rates and coverage3-3
for those officers, employees and retired employees based on actuarial3-4
reports.3-5
3. Give public notice in writing of proposed changes in rates or3-6
coverage to each participating public employer who may be affected by the3-7
changes. Notice must be provided at least 30 days before the effective date3-8
of the changes.3-9
4. Purchase policies of life, accident ,3-10
insurance, or any combination of these, or a program to reduce the amount3-11
of taxable compensation pursuant to 26 U.S.C. § 125, from any company3-12
qualified to do business in this state or provide similar coverage through a3-13
plan of self-insurance for the benefit of all eligible public officers,3-14
employees and retired employees who participate in the state’s program.3-15
5. Consult the state risk manager and obtain his advice in the3-16
performance of the duties set forth in this section.3-17
6. Except as otherwise provided in this Title, develop and establish3-18
other employee benefits as necessary.3-19
7. Adopt such regulations and perform such other duties as are3-20
necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive,3-21
including the establishment of:3-22
(a) Fees for applications for participation in the state’s program and for3-23
the late payment of premiums;3-24
(b) Conditions for entry and reentry into the state’s program by public3-25
agencies enumerated in NRS 287.010; and3-26
(c) The levels of participation in the state’s program required for3-27
employees of participating public agencies.3-28
8. Appoint an independent certified public accountant. The accountant3-29
shall provide an annual audit of the plan and report to the committee and3-30
the legislative commission.3-31
For the purposes of this section, "employee benefits" includes any form of3-32
compensation provided to a state employee pursuant to this Title except3-33
federal benefits, wages earned, legal holidays, deferred compensation and3-34
benefits available pursuant to chapter 286 of NRS.3-35
Sec. 3. NRS 287.0433 is hereby amended to read as follows: 287.0433 The committee on benefits may establish a plan of life,3-37
accident ,3-38
payment of contributions into the self-insurance fund, a schedule of benefits3-39
and the disbursement of benefits from the fund. The committee may3-40
reinsure any risk or any part of such a risk. Payments into and3-41
disbursements from the fund must be so arranged as to keep the fund3-42
solvent.4-1
Sec. 4. NRS 287.044 is hereby amended to read as follows: 287.044 1. A part of the cost of the premiums or contributions for4-3
that group insurance, not to exceed the amount specified by law, applied to4-4
both group life and group accident or health or long-term care coverage,4-5
for each public officer, except a senator or assemblyman, or employee4-6
electing to participate in the group insurance program, may be paid by the4-7
department, agency, commission or public agency which employs the4-8
officer or employee in whose behalf that part is paid from money4-9
appropriated to or authorized for that department, agency, commission or4-10
public agency for that purpose. Participation by the state in the cost of4-11
premiums or contributions must not exceed the amounts specified by law. If4-12
an officer or employee chooses to cover his dependents, whenever this4-13
option is made available by the committee on benefits, he must pay the4-14
difference between the amount of the premium or contribution for the4-15
coverage for himself and his dependents and the amount paid by the state.4-16
2. A department, agency, commission or public agency shall not pay4-17
any part of those premiums if the group life insurance or group accident or4-18
health or long-term care insurance is not approved by the committee on4-19
benefits.4-20
Sec. 5. NRS 331.184 is hereby amended to read as follows: 331.184 The state risk manager shall:4-22
1. Direct and supervise all administrative and technical activities of the4-23
risk management division.4-24
2. Determine the nature and extent of requirements for insurance, other4-25
than group life, accident ,4-26
of an insurable nature of the state and any of its agencies, the premiums for4-27
which are payable in whole or in part from public money.4-28
3. Negotiate for, procure, purchase and have placed, through a licensed4-29
insurance agent or broker residing or domiciled in Nevada, or continued in4-30
effect all insurance coverages, other than employee group life, accident ,4-31
4-32
obtainable, whether from insurers authorized to transact business in this4-33
state or under the surplus lines provisions of chapter 685A of NRS.4-34
4. Conduct periodic inspections of premises, property and risks to4-35
determine insurability, risk and premium rate, and submit a written report4-36
of each inspection and appraisal, together with any recommendations that4-37
appear appropriate, to the administrator of the agency most responsible for4-38
the premises, property or risk, and to the director of the department of4-39
administration.4-40
5. Provide for self-insurance if the potential loss is relatively4-41
insignificant or if the risk is highly predictable and the probability of loss is4-42
so slight that the cost of insuring the risk is not a prudent expenditure of5-1
public5-2
reasonable cost.5-3
6. Select reasonable deductibles when it appears economically5-4
advantageous to the state to do so.5-5
7. Select comprehensive and blanket coverages insuring the property of5-6
two or more state agencies when that appears economically advisable.5-7
8. Investigate and determine the reliability and financial condition of5-8
insurers, and the services they provide.5-9
9. Minimize risks by adopting and promoting programs to control5-10
losses and encourage safety.5-11
10. Perform any of the services described in subsections 2, 3 and 4 for5-12
any political subdivision of the state at the request of its managing officer5-13
or governing body.5-14
11. Act as adviser to the committee on benefits.5-15
12. Perform any other function of risk management as directed by the5-16
director of the department of administration.5-17
Sec. 6. NRS 354.6145 is hereby amended to read as follows: 354.6145 The governing body of any local government may establish5-19
an internal service fund in which contributions of employees and the5-20
governing body are placed to provide for group life, accident ,5-21
and long-term care benefits on a self-insured basis.5-22
Sec. 7. 1. There is hereby appropriated from the state general fund to5-23
the committee on benefits the sum of $35,148,594 for the long-term care5-24
coverage for state employees and retirees from state employment that the5-25
committee on benefits is required to provide pursuant to NRS 287.043, as5-26
amended by this act.5-27
2. Any remaining balance of the appropriation made pursuant to5-28
subsection 1 must not be committed for expenditure after July 1, 2001, and5-29
reverts to the state general fund as soon as all payments of money5-30
committed have been made.5-31
Sec. 8. 1. There is hereby appropriated from the state highway fund5-32
to the committee on benefits the sum of $5,140,624 for the long-term care5-33
coverage for state employees and retirees from state employment that the5-34
committee on benefits is required to provide pursuant to NRS 284.043, as5-35
amended by this act.5-36
2. Any remaining balance of the appropriation made pursuant to5-37
subsection 1 must not be committed for expenditure after July 1, 2001, and5-38
reverts to the state highway fund as soon as all payments of money5-39
committed have been made.5-40
Sec. 9. 1. When the committee on benefits enters into a contract for5-41
long-term care coverage as required pursuant to NRS 287.042, as amended5-42
by this act it shall report to the Budget Division of the Department of5-43
Administration the amount of the contract. The Budget Division shall6-1
assess state agencies whose budgets include the expenditure of money6-2
received from the Federal Government and from any other sources other6-3
than appropriation from the state general fund or the state highway fund in6-4
an equal amount per employee that is calculated to equal the amount of the6-5
contract attributable to those agencies, but not to exceed a total of6-6
$16,956,048, and transfer the money to the committee on benefits for the6-7
long-term care coverage for state employees and retirees from state6-8
employment that the committee on benefits is required to provide pursuant6-9
to NRS 287.043, as amended by this act.6-10
2. Notwithstanding the provisions of NRS 353.220, each agency that6-11
receives an assessment made pursuant to subsection 1 shall revise such6-12
work programs as necessary to pay the assessment as soon as practicable.6-13
Sec. 10. This act becomes effective on July 1, 1999.~