7034554, 60PER09-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7034554

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Division of State Employees' Insurance

Overview

RULE:

60PER09-1

Employees Not on Payroll/Return to Payroll

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The American Economic Recovery and Reinvestment Act of 2009 (the Act), Pub. L. 111-5, includes a provision under which the federal government will pay a portion of COBRA premiums for certain individuals whose employer group health plan coverage would otherwise end due to an involuntary job loss between September 1, 2008, and December 31, 2009. Given the economic conditions, state employees may suffer layoffs. Those who are in layoff status and cannot afford regular COBRA premiums will lose their health insurance. Health care is a matter of great public concern.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Emergency rulemaking is fair under the circumstances because without the amendment those persons involuntarily in layoff status may not be able to take advantage of the COBRA subsidy that is designed to help people afford the cost of continuing health care insurance. Immediate clarification is necessary to reduce the potential for ambiguity and to ensure that employees in layoff are eligible to receive the nine months of COBRA subsidy provided under the Act.

SUMMARY:

This rule amendment clarifies that employees who are involuntarily put in layoff status between September 1, 2008, and December 31, 2009, are “assistance eligible individuals” eligible for 18 months of COBRA followed by an additional 6 months of coverage eligibility under Rule 60P-2.012, F.A.C. This clarification removes the potential for ambiguity and ensures that layoffs are eligible to receive the nine months of COBRA subsidy provided under the Act.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Michelle Robleto, Director, Division of State Group Insurance, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399-0905; telephone (850)921-4658; telecopier (850)488-0252

PRINT PUBLISH DATE:

4/24/2009 Vol. 35/16

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=60PER09-1&PDate=4/24/2009&Section=4

REFERENCE MATERIALS:

No reference(s).

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