January 19, 2021
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551345
  Amendment
Bill No. 0838
Amendment No. 551345
CHAMBER ACTION
Senate House
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1Representative(s) Bucher offered the following:
2
3     Amendment to Senate Amendment (653330) (with title
4amendment)
5     On page 77, between line(s) 30 and 31, insert:
6     Section 22.  Health care payroll assessment.--
7     (1)  As used in this section, the term:
8     (a)  "Agency" means the Agency for Health Care
9Administration.
10     (b)  "Employee" means any person who receives remuneration
11from an employer for the performance of any work or service
12while engaged in any employment under any appointment or
13contract for hire or apprenticeship, express or implied, oral or
14written, whether lawfully or unlawfully employed, and includes,
15but is not limited to, aliens and minors.
16     (c)  "Employer" means every person or entity carrying on
17any employment with 10,000 or more employees in this state. The
18term "employer" does not include the state or the political
19subdivisions in the state.
20     (d)  "Entity" includes corporation and foreign corporation;
21unincorporated association; business trust, estate, partnership,
22trust, and two or more persons having a joint or common economic
23interest.
24     (e)  "Health insurance costs" means the amount paid by an
25employer to provide health care or health insurance to employees
26in this state to the extent the costs may be deductible by an
27employer under federal tax law. Health insurance costs include
28payments for medical care, prescription drugs, vision care,
29dental care, and any other costs to provide health care to an
30employee.
31     (f)  "Secretary" means the secretary for Health Care
32Administration.
33     (g)  "Wages" means the money rate at which the service
34rendered is recompensed under a contract of hiring and includes
35only the wages earned and reported for federal income tax
36purposes.
37     (2)  Beginning January 1, 2007, and annually thereafter, an
38employer must submit to the secretary on a form or in a manner
39approved by the secretary:
40     (a)  The number of employees of the employer in this state
41as of 1 day in the year immediately preceding the previous
42calendar year as determined by the employer on an annual basis.
43     (b)  The amount of money spent by the employer in the year
44immediately preceding the previous calendar year on health
45insurance costs in this state.
46     (c)  The percentage of the payroll that was spent by the
47employer in the year immediately preceding the previous calendar
48year on health insurance costs in this state.
49
50
51The information required shall be designated in a report signed
52by the principal executive officer and include an affidavit
53under penalty of perjury that the information required in this
54section was reviewed by the principal executive officer and is
55true to the best of the officer's knowledge, information and
56belief.
57     (3)  When calculating the percentage of payroll under this
58section, an employer may exempt:
59     (a)  Wages paid to any employee in excess of the median
60household income in this state as published by the United States
61Census Bureau; and
62     (b)  Wages paid to an employee who is enrolled in or
63eligible for Medicare.
64     (4)  An employer who is organized as a not for profit
65organization that does not spend up to 6 percent of the total
66wages paid to employees in this state on health insurance costs
67shall pay to the secretary an amount equal to the difference
68between what the employer spends for health insurance costs and
69an amount equal to 6 percent of the total wages paid to
70employees in this state.
71     (5)  An employer who is not organized as a not for profit
72organization and does not spend up to 8 percent of the total
73wages paid to employees in this state on health insurance costs
74shall pay to the secretary an amount equal to the difference
75between what the employer spends for health insurance costs and
76an amount equal to 8 percent of the total wages paid to
77employees in this state.
78     (6)  An employer may not deduct any payment made under
79subsection (4) or subsection (5) from the wages of an employee.
80     (7)  An employer must make payments required under this
81section to the secretary on a periodic basis as adopted in a
82rule by the agency.
83     (8)  On or before March 15 of each year, the secretary
84shall report to the Governor and to the Legislature:
85     (a)  The name of each nonprofit and for profit employer
86with 10,000 or more employees in this state;
87     (b)  The employer's definition of a full-time employee;
88     (c)  The number of full-time employees;
89     (d)  The number of full-time employees eligible to receive
90health insurance benefits;
91     (e)  The number of full-time employees receiving health
92insurance benefits from the employer;
93     (f)  The source of health insurance benefits for those
94full-time employees not receiving health benefits through an
95employer subject to reporting under this section;
96     (g)  The number of part-time employees;
97     (h)  The number of part-time employees eligible to receive
98health insurance benefits;
99     (i)  The number of part-time employees receiving health
100insurance benefits from the employer; and
101     (j)  The source of health insurance benefits for those
102eligible part-time employees not receiving health benefits
103through an employer subject to reporting under this section.
104     (9)  On an annual basis, the secretary shall:
105     (a)  Verify which nonprofit and for profit employer has
10610,000 or more employees in this state; and
107     (b)  Ensure that each nonprofit and for profit employer
108with 10,000 or more employees in this state has reported as
109required by this section.
110     (10)(a)  If an employer fails to report to the secretary
111the information that is required by subsection (2), the
112secretary shall impose on the employer a civil fine of $250 for
113each day that the report is not filed with the secretary.
114     (b)  If an employer fails to make a required payment to the
115secretary which is required by subsection (7), the secretary
116shall impose on the employer a civil fine of $250,000.
117
118================= T I T L E  A M E N D M E N T =================
119     On page 82, line(s) 17, after the semicolon, insert:
120creating the health care payroll assessment; providing
121definitions; requiring employers with more than 10,000
122employees in this state to provide specified information
123to the secretary of the Health Care Administration;
124requiring employers who do not spend a specified amount on
125health insurance costs to pay the secretary an amount
126equal to the difference between what the employer pays and
127a percentage of the total payroll; requiring the secretary
128to submit certain reports to the Governor and the
129Legislature by a specified date; providing for penalties


CODING: Words stricken are deletions; words underlined are additions.
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