(1) The director shall
administer and manage the state employees group benefit plans and, subject to the
provisions of this part 6, has the following powers and duties:
(a) The preparation of specifications for the group benefit plans contracted
for by the director;
(b) The authority and responsibility to enter into contracts with carriers for
group benefit plans and to negotiate and enter into amendments to existing
contracts as appropriate. Payments by the state, pursuant to such contracts, are
subject to the amounts authorized in sections 24-50-104 (4) and 24-50-609.
(c) The determination of the methods of claims administration;
(d) The determination of the eligibility of employees and their dependents to
participate in group benefit plans;
(e) The determination of the amount of employee payroll deductions and the
responsibility for collecting such deductions;
(f) The establishment of a grievance procedure by which the director shall
act as an appeals authority for complaints by employees and COBRA participants
regarding the allowance and payment of claims, eligibility, and other matters;
(g) The establishment, administration, and operation of the group benefit
plans reserve fund established pursuant to section 24-50-613;
(h) The continuing study of the operation of group benefit plans, including
but not limited to, such matters as gross and net costs, administrative costs,
benefits, plan design, utilization, and claims administration;
(i) The authority to negotiate and enter into amendments to existing
contracts providing group benefit plans in order to provide appropriate coverage for
employees and their dependents who may become eligible for coverage after the
effective date of said contracts and to provide for the enrollment thereof;
(j) The authority to contract with persons, firms, or associations for benefits
consulting, including but not limited to, actuarial services, the preparations of
specifications for group benefit plans, and other specialized services that cannot be
performed by the director or by state employees. Expenditures for these contracts
shall be under section 24-50-613 (2).
(k) (I) The authority to establish and operate an employee assistance
program intended to address personal problems and workplace issues faced by
state employees and employers before the problems and issues severely impact
the productivity, safety, work relationships, absenteeism, and accident rates of
state employees in the workplace. The program may provide services to state
employees and their employers, which may include, without limitation:
(A) Conflict resolution;
(B) Crisis intervention;
(C) Anger management classes;
(D) Employer and employee mediation;
(E) Consultations with supervisors and managers regarding problem
employees;
(F) Violence in the workplace training;
(G) Sexual harassment training; and
(H) Any other facilitated groups and workshops addressing workplace
issues.
(II) Any state agency or institution that does not make contributions for
participation in any employee assistance program established and operated
pursuant to this paragraph (k) shall not be allowed to participate in the program.
However, nothing in this subparagraph (II) shall be construed to limit the ability of:
(A) Any state employee to participate in the program regardless of whether
the state agency or institution that employs the state employee makes
contributions to participate in the program; and
(B) Any state agency or institution to participate in the program in the event
of a crisis or emergency situation in the workplace regardless of whether the state
agency or institution makes contributions to participate in the program.
(III) Dependents of a state employee are not eligible to be the sole and direct
recipient of services in any employee assistance program established and operated
pursuant to this paragraph (k); except that an employee assistance program may
allow a dependent or any other person who is not a state employee to participate in
an employee assistance program if such participation is necessary to provide
effective counseling and assistance to a state employee.
(IV) Any employee assistance program established and operated pursuant to
this paragraph (k) shall be set forth in procedures adopted in accordance with the
provisions of article 4 of this title, and such procedures shall specify, without
limitation, the services to be offered by the program, the eligibility guidelines for
participation in the program, and the sources of funding for the program, which, for
the 2003-04 fiscal year and any fiscal year thereafter, may include, but need not be
limited to, the group benefit plans reserve fund created in section 24-50-613, the
risk management fund created in section 24-30-1510, and interest derived from the
investment of said funds.
(V) For the 2002-03 fiscal year, any employee assistance program
established and operated pursuant to this paragraph (k) shall be funded through a
combination of the following resources as determined by the director:
(A) Voluntary assessments against each state agency or institution based on
the agency or institution's full-time equivalency count as of August 1, 2002, with
the amount of the assessment to be determined by the director and such amount to
be identical for each agency and institution;
(B) Until November 30, 2003, mandatory assessments against an employee's
share of the medical benefits premium for employees enrolled in group benefit
plans that include enrollment in medical benefits, with the amount of the
assessment to be determined by the director and such amount to be identical for
each employee; and
(C) If necessary, moneys from the group benefit plans reserve fund created
in section 24-50-613.
(l) The authority and responsibility to enter into contracts or renewals for
group benefit plans that are self-funded, if feasible as determined by the state
personnel director;
(m) The authority to establish the annual group benefit plan year for the plan
year commencing in the next fiscal year.
(2) The director, pursuant to the provisions of article 4 of this title, shall
adopt such procedures consistent with the provisions of this part 6 as the director
deems necessary to carry out his or her statutory duties and responsibilities.
(3) The director shall have the authority to adopt procedures to determine
benefit eligibility requirements and the percentage of the state contribution to
health benefits for all employees, as defined in section 24-50-603 (7), who work
less than full time, are governed by the rules established pursuant to subsection (2)
of this section, and are hired on or after January 1, 2005. The director shall include
any proposed changes to the group benefits policy in the recommendations
submitted to the governor and the joint budget committee of the general assembly
pursuant to section 24-50-104 (4)(c).