8794619, 60PER10-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 8794619

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Division of State Employees' Insurance

Overview

RULE:

60PER10-2

Spouse Program

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

This year’s General Appropriations Act, which sets the benefits for State of Florida employees, made some important changes to state employee health and life insurance benefits which will become effective July 1, 2010. The Department of Management Services (Department), specifically the Division of State Group Insurance (DSGI) within the Department, must immediately amend Rule 60P-6.0075, F.A.C., to account for these changes in benefits. With this emergency rule amendment to immediate reflect this sessions legislative changes, the regular rule promulgation procedure, rather than the emergency-rule process, will be undertaken to memorialize this delegation.
Without this rule emergency rule, until the Department is able to adopt their new rules following the regular rule promulgation procedure, the actions of DSGI would be open to litigation and rule challenges from the public. Rules which reflect such a drastic change in legislation are critical to ensure the proper functioning of DSGI in handling health insurance claims for all employees Florida State government and their dependents. Absent this emergency rule, which would only “bridge the gap” until the new rules can be adopted through the regular rule promulgation procedure, a lapse in the DSGI’s ability to administer these critical functions would result. If DSGI is unable serve these functions, the safety and welfare of the public that has state group health insurance is put at risk. This emergency rule allows the Department’s seamless transition from the old rule to the new.
With the filing of this emergency rule, a mirror, non-emergency rule is simultaneously being noticed for promulgation. The non-emergency version of this rule will offer all of the protections required by Chapter 120, F.S. This emergency rule version will only be effective for 90 days or until the permanent rule is promulgated, whichever occurs first.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Department of Management Services (Department) has determined that the adoption procedures used for this emergency rule is fair given the circumstances. The Department is required to adopt this emergency rule without delay in response to new legislation establishing this critical change in the way state group health insurance is administered. With the filing of this emergency rule, a mirror, non-emergency rule is simultaneously being noticed for promulgation. This non-emergency version of this rule will offer all the notices required by Chapter 120, F.S. This emergency rule version will only be effective for 90 days or until the permanent rule is promulgated, whichever occurs first.

SUMMARY:

These rules clearly lay out how the employees can become eligible and ineligible for this program. This rule also describes what will happen to coverage should an employee become ineligible.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Michelle Robleto, Director, Division of State Group Insurance, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399-0905, telephone (850)921-4658, fax (850)488-0252

PRINT PUBLISH DATE:

6/25/2010 Vol. 36/25

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60PER10-2&PDate=6/25/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.