SPONSOR:

Rep. Baumbach

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 3

TO

HOUSE BILL NO. 281

AMEND House Bill No. 281 on line 39 by inserting “ (1) ” between “(b)” and “The” therein.

FURTHER AMEND House Bill No. 281 on line 40 by deleting “ (1) ” before “ Regular ” and inserting in lieu thereof “ a. ”.

FURTHER AMEND House Bill No. 281 on line 41 by deleting “ (2) ” before “ Employees ” and inserting in lieu thereof “ b. ”.

FURTHER AMEND House Bill No. 281 on line 44 by deleting “ (3) ” before “ A ” and inserting in lieu thereof “ c. ”.

FURTHER AMEND House Bill No. 281 between lines 45 and 46 by inserting the following:

(2) In addition to a plan under paragraph (b)(1)c. of this section, the coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:

a. The plan is only for eligible pensioners first hired on or after January 1, 2025.

b. Each eligible pensioner can choose whether to enroll in a plan under paragraph (b)(1)c. of this section or the plan under this paragraph (b)(2).

c. If the existing coverage under this section does not include a Medicare part C plan, the State Employee Benefits Committee must select and adopt the plan as a regulation under the Administrative Procedures Act, Chapter 101 of this title. ”.

FURTHER AMEND House Bill No. 281 after line 46 by inserting the following:

“Section 4. Amend § 5203, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5203. Specifications of the coverage.

“(2) In addition to a plan under paragraph (b)(1)c. of this section, the coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:

c. If the existing coverage under this section does not include a Medicare part C plan, the State Employee Benefits Committee must select and adopt the plan under § 9602(d) of this title and as a regulation under the Administrative Procedures Act, Chapter 101 of this title.

Section 5. If House Bill No. 282 is enacted into law, Section 4 of this Act takes effect January 2, 2025.

Section 6. If House Bill No. 282 is not enacted into law, Section 4 of this Act does not take effect.”.

SYNOPSIS

This Amendment allows a plan under Medicare part C, a Medicare Advantage Plan, as an option for eligible pensioners who are first hired on or after January 1, 2025, if the plan is initially selected and adopted by the State Employee Benefits Committee (SEBC) as a regulation under the Administrative Procedures Act. In addition, Sections 4 and 5 of this Amendment add, by reference, the procedural requirements added to § 9602(d) of Title 29 if House Bill No. 282 (152nd) is enacted.