06 LC 18
5080
Senate
Bill 579
By:
Senators Miles of the 43rd, Tate of the 38th, Butler of the 55th, Fort of the
39th, Jones of the 10th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia
Annotated, relating to medical assistance generally, so as to require employers
to annually report to the commissioner of community health information regarding
employees and health care coverage; to provide for definitions; to provide for
funds to be paid to the state by employers that do not spend a certain
percentage of wages on health care benefits for their employees; to provide for
penalties; to provide for powers, duties, and authority of the commissioner of
community health; to provide for related matters; to provide for a contingent
effective date; to provide for automatic repeal under certain circumstances; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to medical assistance generally, is amended by striking the "Reserved"
designation of Code Section 49-4-156, and inserting in its place a new Code
Section 49-4-156 to read as follows:
"49-4-156.
(a)
As used in this Code section, the term:
(1)
'Employee' means any individual employed full time or part time by an
employer.
(2)
'Employer' means any person or entity that employs 10,000 or more employees in
this state, but shall not include the federal government, a state government, or
any political subdivision thereof.
(3)
'Health insurance costs' means the amount paid by an employer to provide health
care or health insurance to employees in this state to the extent the costs may
be deductible by an employer under federal tax law. This term shall include
payments for medical care, prescription drugs, vision care, medical savings
accounts, and any other costs to provide health care for its
employees.
(4)
'Wages' shall have the same meaning as in Code Section 34-8-49, as
amended.
(b)
On January 1, 2008, and annually thereafter, each employer shall submit on a
form and in a manner approved by the commissioner:
(1)
As of January 1, 2007, and annually thereafter:
(A)
The number of its full-time and part-time employees in this state;
(B)
The number of its full-time and part-time employees in this state eligible to
receive health care coverage through the employer;
(C)
The number of its full-time and part-time employees in this state receiving
health care coverage through the employer; and
(D)
The source of health care coverage for those eligible full-time and part-time
employees in this state not receiving health care coverage through the
employer;
(2)
The amount spent by the employer in calendar year 2007, and annually thereafter,
on health insurance costs for its employees in this state; and
(3)
The percentage of payroll that was spent by the employer in calendar year 2007,
and annually thereafter, on health insurance costs for its employees in this
state. When calculating the percentage of payroll, an employer may
exempt:
(A)
Wages paid to any employee in excess of the median household income in the state
as published by the United States Department of Commerce, Bureau of the Census;
and
(B)
Wages paid to an employee who is enrolled in or eligible for
medicare.
(c)
The form required in subsection (b) of this Code section shall:
(1)
Be signed by the principal executive officer of the employer or his or her
designee; and
(2)
Include an affidavit under penalty of perjury that the information on the
form:
(A)
Was reviewed by the principal executive officer or his or her designee;
and
(B)
Is true to the best of the principal executive
officeŕs
or
designeés
knowledge, information, and belief.
(d)(1)
An employer that is organized as a nonprofit organization that does not spend up
to 6 percent of the total wages paid to employees in this state on health
insurance costs shall pay to the commissioner an amount equal to the difference
between what the employer spends for health insurance costs and an amount equal
to 6 percent of the total wages paid to employees in this state.
(2)
An employer that is not organized as a nonprofit organization and does not spend
up to 10 percent of the total wages paid to employees in this state on health
insurance costs shall pay to the commissioner an amount equal to the difference
between what the employer spends for health insurance costs and an amount equal
to 10 percent of the total wages paid to employees in this state.
(3)
An employer may not deduct any payment made under paragraph (1) or (2) of this
subsection from the wages of an employee.
(4)
An employer shall make the payment required under this subsection to the
commissioner on a periodic basis as determined by the commissioner.
(e)(1)
Failure of an employer to report in accordance with subsections (b) and (c) of
this Code section shall result in the imposition by the commissioner of a civil
penalty of $250.00 for each day that the report is not timely
filed.
(2)
Failure of an employer to make the payment required under subsection (d) of this
Code section shall result in the imposition by the commissioner of a civil
penalty of $250,000.00.
(f)
On or before March 15, 2008, and annually thereafter, the commissioner shall
submit a report to the Governor and the General Assembly
containing:
(1)
The name of each nonprofit and for profit employer with 10,000 or more employees
in this state;
(2)
Each
employeŕs
definition of full-time employee and part-time employee;
(3)
The number of full-time employees of each employer;
(4)
The number of full-time employees of each employer eligible to receive health
care coverage through the employer;
(5)
The number of full-time employees of each employer receiving health care
coverage through the employer;
(6)
The source of health care coverage for those eligible full-time employees not
receiving health care coverage through the employer;
(7)
The number of part-time employees of each employer;
(8)
The number of part-time employees of each employer eligible to receive health
care coverage through the employer;
(9)
The number of part-time employees of each employer receiving health care
coverage through the employer; and
(10)
The source of health care coverage for those eligible part-time employees not
receiving health care coverage through the employer.
(g)
The commissioner shall:
(1)
On an annual basis, based on the information reported under subsections (b) and
(c) of this Code section:
(A)
Verify which employers have 10,000 or more employees in this state;
and
(B)
Ensure that all employers with 10,000 or more employees in this state have made
the report required under subsections (b) and (c) of this Code
section;
(2)
Adopt rules and regulations to implement the provisions of this Code
section;
(3)
Deposit the revenue from the payroll assessment into the Fair Share Health Care
Trust Fund; and
(4)
Utilize the moneys deposited in the Fair Share Health Care Trust Fund for
medical assistance as provided under this
article."
SECTION
2.
This
Act shall become effective on January 1, 2007; provided, however, that this Act
shall only become effective on January 1, 2007, upon the ratification of a
resolution at the November, 2006, state-wide general election, which resolution
amends the Constitution so as to authorize the General Assembly to provide by
general law for the creation and operation of the Fair Share Health Care Trust
Fund. If such resolution is not so ratified, this Act shall not become
effective and shall stand repealed in its entirety on January 1,
2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.