(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:
The preparation of specifications for the group benefit plans contracted for by thedirector;
The authority and responsibility to enter into contracts with carriers for group benefitplans 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 24-50104 (4) and 24-50-609.
The determination of the methods of claims administration;
The determination of the eligibility of employees and their dependents to participatein group benefit plans;
The determination of the amount of employee payroll deductions and the
responsibility for collecting such deductions;
The establishment of a grievance procedure by which the director shall act as anappeals authority for complaints by employees and COBRA participants regarding the allowance and payment of claims, eligibility, and other matters;
The establishment, administration, and operation of the group benefit plans reservefund established pursuant to section 24-50-613;
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;
The authority to negotiate and enter into amendments to existing contracts providinggroup 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;
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).
(I) The authority to establish and operate an employee assistance program intendedto 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:
Conflict resolution;
Crisis intervention;
Anger management classes;
Employer and employee mediation;
Consultations with supervisors and managers regarding problem employees;
Violence in the workplace training;
Sexual harassment training; and
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:
Any state employee to participate in the program regardless of whether the stateagency or institution that employs the state employee makes contributions to participate in the program; and
Any state agency or institution to participate in the program in the event of a crisis oremergency situation in the workplace regardless of whether the state agency or institution makes contributions to participate in the program.
Dependents of a state employee are not eligible to be the sole and direct recipient ofservices 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.
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 24-50613, the risk management fund created in section 24-30-1510, and interest derived from the investment of said funds.
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:
Voluntary assessments against each state agency or institution based on the agencyor 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;
Until November 30, 2003, mandatory assessments against an employee's share of themedical 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
If necessary, moneys from the group benefit plans reserve fund created in section24-50-613.
The authority and responsibility to enter into contracts or renewals for group benefitplans that are self-funded, if feasible as determined by the state personnel director;
The authority to establish the annual group benefit plan year for the plan year commencing in the next fiscal year.
The director, pursuant to the provisions of article 4 of this title, shall adopt suchprocedures consistent with the provisions of this part 6 as the director deems necessary to carry out his or her statutory duties and responsibilities.
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 annual compensation report and recommendations submitted to the governor and the joint budget committee of the general assembly pursuant to section 24-50-104 (4)(c).
Source: L. 94: Entire part added with relocations, p. 1125, § 1, effective May 19. L. 2002: (1)(k) added, p. 763, § 1, effective May 30. L. 2003: (1)(b) amended and (1)(l) added, p. 1934, § 9, effective May 22. L. 2004: (1)(m) added, p. 1558, § 2, effective August 4; (3) added, p. 366, § 1, effective August 4. L. 2015: (1)(k)(III) amended, (HB 15-1055), ch. 49, p. 119, § 1, effective March 26.
Editor's note: This section was formerly numbered as 10-8-205.