New Jersey § 52:14-17

§ 52:14-17.

This section shall apply to the School Employees' Health Benefits Program (SEHBP)

and to those employers defined pursuant to section 32 of P.L.2007, c. 103 ( C.52:14-17.46.2 ) that participate in the program. a. (1) Notwithstanding the provisions of any other law, rule, or regulation to the

contrary, beginning with the plan year that commences January 1, 2021 and for each

plan year thereafter, the School Employees' Health Benefits Program shall offer only

three plans that provide medical and prescription drug benefits for employees, and

retirees who are not Medicare-eligible, and their dependents if any. All other plans offered prior to January 1, 2021 for employees, and retirees who

are not Medicare-eligible, and their dependents if any, shall be terminated. The three plans shall be the New Jersey Educators Health Plan as developed by the

School Employees' Health Benefits Plan Design Committee in accordance with subsection

f. of this section which sets forth the plan design of the New Jersey Educators Health

Plan; the SEHBP NJ Direct 10 plan as adopted and implemented by the School Employees'

Health Benefits Commission for the plan year that began January 1, 2020; and the

SEHBP NJ Direct 15 plan as adopted and implemented by the School Employees' Health

Benefits Commission for the plan year that began January 1, 2020. Employers that participate in the School Employees' Health Benefits Program shall

retain the ability to enter the program for medical only plans and may separately

purchase pharmacy and dental benefits outside of the program without limitation or

restriction. (2) Only the plans set forth in this section shall be offered by the program regardless

of any collective negotiations agreement between a participating employer and its

employees in effect on the effective date of this act, P.L.2020, c. 44, 1 that provides for enrollment in other plans that were offered by the program prior

to January 1, 2021. b. Prior to January 1, 2021, the program, through the Division of Pensions and Benefits

in the Department of the Treasury, shall provide for an enrollment period during which

all employees who commenced employment prior to the effective date of this act shall

be required to select affirmatively one of the three plans specified in subsection

a. of this section. If an employee fails to select affirmatively a plan during this enrollment period,

the program shall enroll the employee, and the employee's dependents if any, in the

New Jersey Educators Health Plan for the plan year beginning January 1, 2021 and ending

December 31, 2021. During the enrollment period, any person who is enrolled in a plan offered by the

program and who is paying the full cost of health care benefits coverage shall also

be required to select affirmatively one of the three plans specified in subsection

a. of this section. If a person fails to select affirmatively a plan during this enrollment period,

the program shall enroll the person, and the person's dependents if any, in the New

Jersey Educators Health Plan for the plan year beginning January 1, 2021 and ending

December 31, 2021. Any such person shall continue to pay the full cost of coverage and shall not be

subject to the contribution schedule or any mandatory enrollment period as set forth

in this section. c. (1) Beginning on January 1, 2021, an employee commencing employment on or after

the effective date of this act but before January 1, 2028 who does not waive coverage

shall be enrolled by the program, with the employee's dependents if any, in the New

Jersey Educators Health Plan, or the Garden State Health Plan if selected by the employee. The employee shall remain enrolled in either the New Jersey Educators Health Plan

or the Garden State Health Plan selected by the employee at the annual open enrollment

for each plan year through the plan year that ends December 31, 2027, provided that

the employee during this period may waive coverage as an employee and select and change

the type of coverage received under the plan following a qualifying life event, in

accordance with the program regulations. The enrollment required by this paragraph shall not include an employee who commenced

employment prior to the effective date of P.L.2020, c. 44 and who did not enroll, who waived enrollment, or who was not eligible to enroll

prior to that effective date for health care coverage provided by the employer, including,

but not limited to, an employee who commenced employment as a part-time employee prior

to the effective date of P.L.2020, c. 44 . If such an employee was required to enroll prior to the effective date of P.L.2021, c. 163 in accordance with this paragraph, the employee shall be notified promptly in writing

that enrollment is not mandatory and shall be provided promptly with an opportunity

to select enrollment in another health care benefits plan. For the plan year beginning January 1, 2028, the employee may select, during any open

enrollment period or at such other times or under such conditions as the program may

provide, any plan offered by the program. (2) For the plan year beginning January 1, 2021, the program shall enroll a retiree

who is not Medicare-eligible, and the retiree's dependents if any, in the New Jersey

Educators Health Plan for health care benefits coverage as a retiree, if the retiree

does not waive coverage. The retiree shall remain enrolled in that plan for each plan year through the plan

year that ends December 31, 2027 or until the retiree becomes eligible for Medicare,

whichever comes first. The retiree who becomes eligible for Medicare shall no longer be eligible for enrollment

in the New Jersey Educators Health Plan, except that any dependent of the retiree

who is not eligible for Medicare may remain eligible for coverage under the New Jersey

Educators Health Plan. For the plan year beginning January 1, 2028, that retiree who is not Medicare-eligible

may select, during any open enrollment period or at such other times or under such

conditions as the program may provide, any plan offered by the program. (3) Except as otherwise provided in this subsection or subsection b. of this section,

selection of a plan shall be at the sole discretion of the employee or retiree who

is not Medicare-eligible. d. Beginning January 1, 2022 and for each plan year thereafter, the program shall offer a fourth plan to be called

the Garden State Health Plan. The plan shall be developed by the School Employees' Health Benefits Plan Design

Committee. If the committee does not adopt a design for the Garden State Health Plan by December

31, 2020, the Division of Pensions and Benefits in the Department of the Treasury may develop the Garden State Health Plan. The program shall provide an enrollment period prior to January 1, 2022. The Garden State Health Plan shall provide medical and prescription drug benefits

that are equivalent to the level of medical and prescription drug benefits provided

by the New Jersey Educators Health Plan, except that the benefits under the Garden

State Health Plan shall be available only from providers located in the State of New

Jersey. Access to a service provider that is located outside of the State shall be available

only under such terms, conditions, restrictions, and limitations as the plan design

committee or the division, as appropriate, shall provide in the plan governing documents. Employers that participate in the School Employees' Health Benefits Program shall

retain the ability to enter the program for medical only plans and may separately

purchase pharmacy and dental benefits outside of the program without limitation or

restriction. e. The plan design of the New Jersey Educators Health Plan, the Garden State Health

Plan, the NJ Direct 10 plan, and the NJ Direct 15 plan as those plan designs are specified

in subsections a., d., and f. of this section shall remain unchanged until December

31, 2027. No change in the plan design of those plans shall be made before that date unless

such a change in plan design is required by federal or State law to governmental health

care benefits plans or to both governmental and non-governmental health care benefits

plans. For the plan year that commences January 1, 2028 and for each plan year thereafter,

the plan design of the New Jersey Educators Health Plan, the Garden State Health Plan,

the NJ Direct 10 plan, and the NJ Direct 15 plan as those plan designs are specified

in subsections a., d., and f. of this section may be modified by the School Employees'

Health Benefits Plan Design Committee. Modifications to plan design of the plans set forth in this section made by the School

Employees' Health Benefits Plan Design Committee or the State Treasurer pursuant to

section 7 of this act shall be implemented by the program for the purposes of this

section commencing January 1, 2024. f. The plan design of the New Jersey Educators Health Plan shall be the following: In Network Benefits Coverage Member Coinsurance: 10%, Applies Only to Emergency Transportation Care and Durable Medical Equipment Deductible: N/A Out-of-Pocket Maximum: $500 Single/ $1,000 Family (covers all in network copayments, coinsurance, and deductible) Emergency Room Copayment: $125 (To be Waived if Admitted) PCP Office Visit Copayment: $10 Specialist Office Visit Copayment $15 Out-of-Network Benefits Coverage Member Coinsurance: 30% of the Out-of-Network Fee Schedule Deductible: $350 / $700 Out-of-Pocket Maximum: $2,000 Single / $5,000 Family Routine Lab: Paid at Out-of-Network Benefit Level Out-of-Network Fee Schedule: 200% of CMS--Medicare Pharmacy Out-of-Pocket Maximum: $1,600 Single / $3,200 Family (Indexed Annually Pursuant to Federal Law) Generic Copayment: $5 Retail 30 Day Supply / $10 Mail 90 Day Supply Brand Copayment: $10 Retail 30 Day Supply/ $20 Mail 90 Day Supply Mandatory Generic: Member Pays Difference in Cost Between Generic and Brand, Plus Brand Copayment Formulary: Closed Formulary as contracted with the Pharmacy Benefit Manager and the School Employees'

Health Benefits Commission Other Chiropractic, Physical Therapy, and Acupuncture: Subject to the same Out-of-Network Limits as for the State Health Benefits Program

as were in effect on June 1, 2020 to take effect as of July 1, 2020, or as soon thereafter

as reasonably practicable. Under a patient centered medical home model, there shall be no office visit copay

for primary care for participants who select and commit to a patient centered medical

home for primary care in accordance with plan rules and regulations. g. Any plan offered by the School Employees' Health Benefits Program shall require

that chiropractic, physical therapy, and acupuncture benefits shall be subject to

the same out-of-network limits as for the State Health Benefits Program that were

in effect on June 1, 2020 to take effect as of July 1, 2020 or as soon thereafter

as reasonably practicable. h. Notwithstanding any provision of law, rule, or regulation to the contrary, for

any period of time during which the employer does not have to pay a premium or periodic

charge for any health care benefits plan or program provided to its employees through

the School Employees' Health Benefits Program, an employee enrolled in such plan or

program shall not be required to make the employee's contribution toward that premium

or periodic charge during that period of time. In the event that a collective negotiations agreement specifically addresses a premium

holiday the collective negotiations agreement shall be controlling. 1

L.2020, c. 44, eff. July 1, 2020.