Bill No.
14-14
Concerning: Contracts and Procurement
- Wage Requirements - Health
Insurance - Amendments
Revised: April 1. 2015 Draft No. _,_14"'"----
lntroduced:
February 4. 2014
Enacted:
April 14. 2015
Executive:
April 22. 2015
Effective:
July 22. 2015
Sunset Date: [[None]] July 1. 2017
Ch .
..J!L_,
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council.members Navarro, Berliner, Riemer, Elrich, Floreen and Branson
AN
ACT
to:
(1)
require [[certain]] the County [[contractors or subcontractors]] to [[provide health
insurance or a cash equivalent for]] assist certain employees working on a County
contract to anoly for health insurance on the Marvland Health Benefit Exchange;
[[limit the employee's share of the health insurance premium for certain employees
working on a County contract;
eliminate the credit against the wage requirements for the employer's share of health
insurance for certain employees working on a County contract; and
generally amend the law governing wage requirements for County contractors and
subcontra.Ctors.
(2)
(3)]]
(3)
By amending
Montgomery County Code
Chapter 1 lB, Contracts and Procurement
Article VI, Wage Requirements
Section 11B-33A
Boldface
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* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
14-14
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Sec. 1. Section 11B-33A
is
amended as follows:
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*
(d)
Health insurance.
[If a]
*
*
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ill
Definitions. As used in this subsection;
Health insurance
means insurance coverage that is part of an
employer benefit package that™ for medical expenses incurred
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:Qy
an employee and an employee's family either
]2y
reimbursing
the employee or
:Qy
paying the care provider directly and provides
the minimum ·essential health benefits reguired under the Patient
Protection and Affordable Care Act, 26 U.S.C. §5000A, as
amended.
Maryland Health Benefit Exchange
means the public corporation
and independent unit ofMazyland State government established in
Title 31 of the Maryland Insurance Code.
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ill
[[The employee's share of the premium for individual health
insurance offered by a contractor or subcontractor must be
affordable as defined for an employer-sponsored plan under the
Patient Protection and Affordable Care Act, 26 U.S.C.
§36B(c)(2)(C), as amended.]]
[[ill]]
A
contractor
or
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subcontractor [commits in its bid or proposal to] who does not
orovide health insurance [[must provide]] for an employee who
provides services to the County must:
(A)
[[health insurance]] [to any employee who provides services
to the County, the] report to the Director the iob title and
salary for each employee providing services to the. County
under the contract who does not have health insurance
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BILL
No. 14-14
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without identifying confidential medical information;
[[Qr]]
and
.(ID
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[ill.
cash payment equal to the hourly average cost to the]]
permit each employee [[for
~
Silver plan]] without health
insurance to meet with a County representative designated
by the Director of Health and Human Services during
normal work hours to receive help applying for health
insurance on the Maryland Health Benefit ExchangeA [[less
9.5% of the employee's hourly salary]] including any
available Federal
tax
subsidy.
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[[ill]]
[£illll[~
contractor]]
[[or subcontractor]] [may] [[must]] [:(1)]
[[certify in its bid or proposal_:_
(A)
the]] [[per-employee hourly]] [[per pay period cost of the
employer's share of the premium for]] [[that]] [(health
insurance[,] offered to its employees; and
[(2)]
(fil]]
[reduce the wage paid under subsection (e) to any
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employee covered by the insurance by all or part of the per-
employee hourly cost of the employer's. share of the
premium] [[the employee's share of the premium for that
health insurance.]]
[[ill)]
[IB)]]
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The Director of the Department ofHealth and Human
Services or a designee [[of the Director]] must assist any employee
of a contractor or subcontractor without health insurance who
requests help to apply for health insurance on the Marvland Health
Benefit Exchange. including any available Federal tax subsidy.
[l!fil]]
[[ill]]
ill
Each contractor must submit a quarterly pavroll
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report to the [(Director]] Chief Administrative Officer for each
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BILL
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employee of the contractor or any subcontractor who performed
services on the contract that includes:
(Al
the wages paid to the employee: and
the employer and the employee share of any health
insurance premium provided to the employee.
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au
[[(7]] [[fill]
m
[[The Executive must adopt
~
Method
6:
regulation
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establishing guidelines for calculating the amount of the cash
payment option in subparagraph
ill]]
The Director must retain the
quarterly pavroll reports submitted by the contractor under
paragraph
[[!fill]
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umn
(
4)
for at least
3
years after the completion
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of the contract.
On
or before each September 1. the Director must
report to the Executive and the Council the number of employees
of a contractor or subcontractor 'who provided services to the
County during the previous fiscal year who had health insurance
and the number of employees who did not have health insurance.
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*
(e)
Wage requirement.
*
*
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(1)
[[Except as permitted under subsection (d)(2), each]] Each covered
employer must pay each employee who is not exempt under
subsection
(t)
at least
$10.50
per hour during the time the
employee actually provides services to the County.
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*
Sec. 2. Effective date.
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*
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[[(a)]] The amendments to Section
11B-33A,
inserted in Section
1
of this
Act[[,]]~
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(a)
apply to any contract [[for which the County government released a
solicitation]] in effect on or after the date this Act talces
effect~
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BILL
No. 14-14
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(b)
[[At the request of the contractor the Executive must renegotiate the terms
of any contract entered into before this Act takes effect to reimburse the
contractor for the increased cost of voluntarily adding a health insurance
benefit that complies with this law for its employees who perform work
for the County. The increased cost to the County must not be greater than
$4000 per year for each covered employee]] are not effective after July
1.
2017.
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Approved:
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George Leventhal, President, County Council
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Approved:
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Dafo
Isiah Leggett, Collfiity Exebutite
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'
1
Date
This is a correct copy ofCouncil action.
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~/Ji.~
Linda M. Lauer, Clerk of the Council
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