Board Policy #P-4154

New Haven Unified School District
PERSONNEL

HEALTH AND WELFARE BENEFITS

The district shall provide health and welfare benefits for certificated and classified employees in bargaining units in accordance with state and federal law and subject to negotiated employee agreements.
Certificated management, administrative, and supervisory employees who are not in bargaining units shall receive the same health and welfare benefits as those specified in the collective bargaining agreement for certificated employees. Classified management, administrative, and supervisory employees who are not in bargaining units shall receive the same health and welfare benefits as those specified in the collective bargaining agreement for classified employees.
For purposes of granting benefits pursuant to state law, a registered domestic partner and his/her child shall have the same rights, protections, and benefits as a spouse and spouse's child.  (Family Code 297.5)

The Superintendent or designee shall not use or disclose any medical information the district possesses pertaining to an employee without the employee's authorization obtained in accordance with Civil Code 56.21, except for the purpose of administering and maintaining employee benefit plans and for other purposes specified in law. (Civil Code 56.20)

Continuation of Coverage

Retired certificated employees, other employees who would otherwise lose coverage due to a qualifying event specified in law and administrative regulation, and their qualified beneficiaries may continue to participate in the district's group health and welfare benefits in accordance with state and federal law.

OPTION 1:  To receive continuation coverage, covered employees and their qualified beneficiaries shall pay the premiums, dues, and other charges, including any increases in premiums, dues, and costs incurred by the district in administering this program.

Legal Reference:

EDUCATION CODE
7000-7008  Health and welfare benefits, retired certificated employees
17566  Self-insurance fund
35208  Liability insurance
35214  Liability insurance (self-insurance)
44041-44042  Payroll deductions for collection of premiums
44986  Leave of absence, state disability benefits
45136  Benefits for classified employees

CIVIL CODE
56.10-56.16  Disclosure of information by medical providers
56.20-56.245  Use and disclosure of medical information by employers

FAMILY CODE
297-297.5  Rights, protections and benefits under law; registered domestic partners

GOVERNMENT CODE
22750-22944  Public Employees' Medical and Hospital Care Act
53200-53210  Group insurance

HEALTH AND SAFETY CODE
1366.20-1366.29  Cal-COBRA program, health insurance
1367.08  Disclosure of fees and commissions paid related to health care service plan
1373  Health services plan, coverage for dependent children over 18 who are full-time students
1373.621  Continuation coverage, age 60 or older after five years with district
1374.58  Coverage for registered domestic partners, health service plans and health insurers

INSURANCE CODE
10116.5  Continuation coverage, age 60 or older after five years with district
10128.50-10128.59  Cal-COBRA program, disability insurance
10277-10278  Group and individual health insurance, coverage for dependent children
10604.5  Annual disclosure of fees and commissions paid
12670-12692.5  Conversion coverage

LABOR CODE
2800.2  Notification of conversion and continuation coverage
4856  Health benefits for spouse of peace officer killed in performance of duties

UNEMPLOYMENT INSURANCE CODE
2613  Education program; notice of rights and benefits

UNITED STATES CODE, TITLE 1
7  Definition of marriage, spouse

UNITED STATES CODE, TITLE 26
139C  COBRA premium assistance, elimination of subsidy for high-income individuals
4980B  COBRA continuation coverage
6432  COBRA premium assistance
6720C  COBRA premium assistance, failure to notify health plan of cessation of eligibility

UNITED STATES CODE, TITLE 29
1161-1168  COBRA continuation coverage

UNITED STATES CODE, TITLE 42
1395-1395g  Medicare benefits

CODE OF FEDERAL REGULATIONS, TITLE 26
54.4980B-1-54.4980B-10  COBRA continuation coverage

CODE OF FEDERAL REGULATIONS, TITLE 45
164.500-164.534  Health Insurance Portability and Accountability Act (HIPAA)

Management Resources:

INTERNAL REVENUE SERVICE GUIDANCE
Premium Assistance for COBRA Benefits, Notice 2009-27

WEB SITES
CSBA: http://www.csba.org
California Department of Industrial Relations:  http://www.dir.ca.gov
California Employment Development Department: http://www.edd.ca.gov
Internal Revenue Service: http://www.irs.gov
U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services: http://www.cms.hhs.gov
U.S. Department of Labor:  http://www.dol.gov

(7/04  3/05)  7/09

First Reading
April 15, 2008
June 7, 2011

Second Reading
May 6, 2008
June 21, 2011