Environmental Quality, Administration

Rule R305-5

Health Reform -- Health Insurance Coverage in DEQ State Contracts -- Implementation

Change in Proposed Rule

DAR File No.: 33102
Filed: 12/23/2009 11:15:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the comment period, it was brought to the Division's attention that the citation of Section 63G-6-102 in Subsection R305-5-4(3) is incorrect. Instead, it should be Section 63G-6-103. Also, Section R305-5-3 is missing the subsection designation of (1) for the first paragraph.

Summary of the rule or change:

The citation of Section 63G-6-102 in Subsection R305-5-4(3) was changed to Section 63G-6-103. The number "(1)" was added to the first paragraph in Section R305-5-3. Minor spacing changes where also made at this time. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the November 15, 2009, issue of the Utah State Bulletin, on page 30. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 19-1-206

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated for the state budget. No new requirements where created.

local governments:

No cost or savings are anticipated for local government budget. No new requirements where created.

small businesses:

No cost or savings are anticipated for small businesses. No new requirements where created.

persons other than small businesses, businesses, or local governmental entities:

No cost or savings are anticipated for persons other than small businesses, businesses, or local government entities. No new requirements where created.

Compliance costs for affected persons:

No cost or savings are anticipated for affected persons. No new requirements where created.

Comments by the department head on the fiscal impact the rule may have on businesses:

No cost or savings are anticipated for businesses. No new requirements where created.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Administration
168 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Kimberly Kreykes at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule may become effective on:

02/15/2010

Authorized by:

Amanda Smith, Executive Director

R305. Environmental Quality, Administration.

R305-5. Health Reform -- Health Insurance Coverage in DEQ State Contracts -- Implementation.

 

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R305-5-3. Definitions.

(1) "Employee" means an "employee," "worker," or "operative" as defined in UCA Section 34A-2-104 who works in the State at least 30 hours per calendar week, and meets employer eligibility waiting requirements for health care insurance which may not exceed 90 days from the date of hire.

(2) "Health benefit plan" has the same meaning as provided in UCA Section 31A-1-301.

(3) "Qualified health insurance coverage" means a health benefit plan that at the time the contract is entered into or renewed:

(a) provides coverage that is actuarially equivalent to the current benefit plan determined by the Children's Health Insurance Program under Section 26-40-106, and under which the employer pays at least 50% of the premium for the employee and the dependents of the employee;

(b) is a federally qualified high deductible health plan that has the lowest deductible permitted for a federally qualified high deductible health plan and an out of pocket maximum that does not exceed three times the amount of the annual deductible, and under which the employer pays 75% of the premium for the employee and the dependents of the employee; or

(c) provides coverage that is actuarially equivalent to 75% of the benefit plan determined under R305-5-3(3)(a), and under which the employer pays at least 75% of the premium of the employee and the dependents of the employee.

(4) "Subcontractor" has the same meaning provided for in UCA Section 63A-5-208.

 

R305-5-4. Applicability of Rule.

(1) Except as provided in Subsection R305-5-4(2) below, this [r]Rule R305-5 applies to all contracts entered into by or delegated to the department or a division or board of the department on or after July 1, 2009, if:

(a) the contract is for design and construction; and

(b) the prime contract is in the amount of $1,500,000 or greater; or a subcontract is in the amount of $750,000 or greater.

(2) This [r]Rule R305-5 does not apply to contracts entered into by the department or a division or board of the department if:

(a) the application of this [r]Rule R305-5 jeopardizes the receipt of federal funds;

(b) the contract or agreement is between the department or a division or board of the department and another agency of the state, the federal government, another state, an interstate agency, a political subdivision of this state[;], or a political subdivision of another state;

(c) the executive director determines that applying the requirements of this section to a particular contract interferes with the effective response to an immediate health and safety threat from the environment; or

(d) the contract is a sole source contract or an emergency procurement.

(3) This [r]Rule R305-5 does not apply to a change order as defined in UCA Section 63G-6-10 3[2], or a modification to a contract, when the contract does not meet the initial threshold required by R305-5-4(1).

 

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KEY: contract requirements, health insurance

Date of Enactment or Last Substantive Amendment: [2009]2010

Authorizing, and Implemented or Interpreted Law: 19-1-206