103.080. High deductible plans and health savings accounts to be offered--definitions--rulemaking authority.
High deductible plans and health savings accounts to beoffered--definitions--rulemaking authority.
103.080. 1. As used in this section, the following terms shall mean:
(1) "Health savings account" or "account", shall have the samemeaning ascribed to it as in 26 U.S.C. Section 223(d), as amended;
(2) "High deductible health plan", a policy or contract of healthinsurance or health care plan that meets the criteria established in 26U.S.C. Section 223(c)(2), as amended, and any regulations promulgatedthereunder.
2. Beginning with the open enrollment period for the 2009 plan year,the board shall offer to all qualified state employees and retirees, inaddition to the plans currently offered including but not limited to healthmaintenance organization plans, preferred provider organization plans,copay plans, and participating public entities the option of receivinghealth care coverage through a high deductible health plan and theestablishment of a health savings account. In no instance shall aqualified employee or retiree be required to enroll in a high deductiblehealth plan with a deductible greater than the minimum allowed by law,however, a qualified employee or retiree shall have the option to enroll ina high deductible health plan up to the maximum allowed by law. The healthsavings account shall conform to the guidelines to be established by theInternal Revenue Service for the 2009 tax year but in no case shall aqualified employee or retiree be required to contribute more than theminimum amount allowed by law. A qualified employee or retiree maycontribute up to the maximum allowed by law. In order for a qualifiedindividual to obtain a high deductible health plan through the Missouriconsolidated health care plan, such individual shall present evidence, in amanner prescribed by regulation, to the board that he or she hasestablished a health savings account in compliance with 26 U.S.C. Section223, and any amendments and regulations promulgated thereto.
3. The board is authorized to promulgate rules and regulations forthe administration and implementation of this section. Any rule or portionof a rule, as that term is defined in section 536.010, RSMo, that iscreated under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2007, shall be invalidand void.
4. The board shall issue a request for proposals from companiesinterested in offering a high deductible health plan in connection with ahealth savings account.
(L. 2007 H.B. 818 merged with S.B. 406)