Overview

Title

To provide a short-term disability insurance program for Federal employees for disabilities that are not work-related, and for other purposes.

ELI5 AI

H.R. 7337 is a plan to help workers who get sick or hurt outside of their jobs by giving them some money while they're getting better. Workers have to pay for this insurance themselves, and it can give them up to 70% of what they normally earn, but not for more than a year.

Summary AI

H.R. 7337 proposes the establishment of a short-term disability insurance program specifically for federal employees dealing with non-work-related disabilities. The program is designed to offer financial protection by covering short-term injuries, time off to care for family members, or events like the birth, adoption, or fostering of a child. It requires employees to fully fund the insurance premiums and provides up to 70% of their salary as benefits, capped at 12 months. The bill details processes for contracting insurers, outlines benefits, and ensures no discrimination based on preexisting conditions while preempting certain state laws regarding disability insurance.

Published

2024-02-13
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-02-13
Package ID: BILLS-118hr7337ih

Bill Statistics

Size

Sections:
13
Words:
3,257
Pages:
15
Sentences:
93

Language

Nouns: 864
Verbs: 282
Adjectives: 192
Adverbs: 24
Numbers: 92
Entities: 118

Complexity

Average Token Length:
4.21
Average Sentence Length:
35.02
Token Entropy:
5.23
Readability (ARI):
19.39

AnalysisAI

Summary of the Bill

The proposed legislation, referred to as the "Federal Employee Short-Term Disability Insurance Act of 2024," seeks to establish a short-term disability insurance program for federal employees. This program is unique in that it covers disabilities and leave situations not related to work injuries. Its primary goal is to provide federal employees with voluntary insurance to protect against income loss during short-term injuries or disabilities, family care situations, childbirth, adoption, or becoming a foster parent. Under the bill, employees would be responsible for paying 100% of the insurance premiums.

Significant Issues

One of the principal concerns with the bill lies in its contracting procedures. The bill allows the Director of the Office of Personnel Management to negotiate insurance contracts without competitive bidding. This could potentially lead to favoritism, lack of transparency, and less favorable contract terms compared to those attained through competitive processes. Furthermore, the bill preempts state, territorial, and tribal laws related to disability insurance, which could provoke legal challenges from these jurisdictions.

Another significant issue is the financial burden imposed on federal employees, as they must shoulder the entire cost of the premiums. This could make the insurance inaccessible for those employees who might need it the most. Additionally, various sections of the bill grant significant discretion to the Director, without specifying robust accountability mechanisms. This unrestrained authority may lead to concerns over potential misuse of power.

Impact on the Public and Stakeholders

Broadly speaking, if enacted, the bill could provide much-needed financial support to federal employees facing short-term disabilities not related to work, aiding in their recovery or in family-related endeavors. However, with the full cost of premiums falling on the employees, it might not be as accessible or advantageous as intended. This cost structure could deter employees, especially lower-income federal workers, from participating in the program.

For insurance companies, inclusion as carriers in the program could mean significant business opportunities. However, the lack of competitive bidding might affect the quality and affordability of the insurance products offered. This dynamic could reshape the insurance landscape for disability coverage among federal employees.

State and local governments might view the bill negatively due to its preemption of their regulations, potentially diminishing their authority over insurance policies within their jurisdictions. Legal disputes could arise from this aspect, challenging the centralization of power in the federal context.

In summary, while the bill aims to fill a gap in coverage for federal employees, its execution raises concerns regarding financial fairness, administrative transparency, and jurisdictional power, which call for further revisions to ensure it meets its objective effectively and equitably.

Issues

  • The provision in Section 3 and 8803 allowing the Director to contract without competitive bidding could lead to potential favoritism or lack of transparency in the procurement process, raising ethical and legal concerns.

  • The discretion granted to the Director under multiple sections, such as 8803 and 8804, without explicit accountability or oversight mechanisms, could lead to concerns regarding unchecked authority and potential misuse of power.

  • Section 8806 establishes federal preemption over state, territorial, tribal, and local laws related to non-work related disability insurance, which could lead to conflicts and legal challenges from these entities whose regulations are overridden.

  • Section 3 imposes the full cost of premiums on employees, which might be financially burdensome, thus potentially limiting access to short-term disability insurance for the employees who need it the most.

  • The complexity and potential ambiguity in the language of Section 8803 and 8804 regarding dispute resolution, premium adjustments, and benefit coordination could make it difficult for employees to understand their rights and responsibilities without legal assistance.

  • Section 8805 lacks clear oversight mechanisms for the financial management of premium contributions and reimbursements to the Employees' Life Insurance Fund, potentially leading to inefficient use of funds.

  • Section 8807 requires periodic reviews and reports to ensure plan competitiveness but does not specify what constitutes 'reasonable reports,' potentially leading to inconsistency in compliance and oversight.

  • The broad language regarding judicial review in Section 8808 could limit employees' access to courts, creating ambiguity about the scope of judicial oversight over disputes arising under this chapter.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The act is officially named the “Federal Employee Short-Term Disability Insurance Act of 2024”.

2. Purpose Read Opens in new tab

Summary AI

The purpose of this Act is to provide Federal employees with optional insurance to protect them if they lose their pay due to short-term injury or disability, taking care of a family member, the birth of their child, or adopting or fostering a child.

3. Non-work related disability insurance Read Opens in new tab

Summary AI

The bill proposes adding Chapter 88 to Title 5 of the United States Code, establishing a program for non-work related short-term disability insurance for federal employees, including those of the Postal Service. It outlines definitions, insurance availability, contracting procedures, benefits, premiums, preemption of state laws, and administration, which would require eligible employees to cover full premiums and describes conditions where benefits cease, like misconduct or intoxication.

8801. Definitions Read Opens in new tab

Summary AI

In this section, several terms are defined for use in the chapter. It explains who the "Director" is, what qualifies someone as an "employee," what "injury or disability" means for an employee, defines "member of family," explains what a "carrier" is in terms of insurance, and states that "State" includes the District of Columbia.

8802. Availability of insurance Read Opens in new tab

Summary AI

The section describes a program set up by the Director to provide insurance for certain injuries and leave situations, like caring for a new child or adopting, which are not already covered by existing laws. However, insurance is not available if the injury is due to the employee's misconduct, intentional harm, or intoxication, and any insurance contracts must be fully insured.

8803. Contracting authority Read Opens in new tab

Summary AI

The section outlines the Director's authority to contract with carriers for disability insurance policies without competitive bidding, emphasizing contractor qualifications, price, and reasonable competition. It specifies contract terms, including benefits, premiums, and duration, and requires carriers to offer certain dispute resolution procedures, with contract terms lasting between 3 to 7 years.

8804. Benefits Read Opens in new tab

Summary AI

The section outlines the rules for employee benefits, stating that benefit plans must avoid discrimination based on preexisting conditions and provide incentives for returning to work. Employees can receive benefits for up to 12 months for specific personal or family circumstances, with the amount capped at 70% of their salary or a government pay scale limit, and can choose from various waiting periods before benefits begin, influencing the premium cost.

8805. Premiums Read Opens in new tab

Summary AI

Each person who gets insurance under this plan must pay the full premium, which will be deducted from their wages. The insurance company must keep track of all funds received separately. An account is set up to cover administrative costs, with the insurance company reimbursing specific expenses and contributing annually to cover ongoing costs. The plan allows for underwriting standards if someone wants to enroll after their first chance.

8806. Preemption Read Opens in new tab

Summary AI

The section explains that any contract under this chapter overrides state and local laws about disability insurance coverage. It also states that no state or local taxes can be placed on the insurance premiums, but insurance companies can still be taxed on their profits from these policies. Additionally, state laws about reimbursement or subrogation do not apply unless specifically approved by the Director.

8807. Studies, reports, and audits Read Opens in new tab

Summary AI

The section outlines that contracts must require carriers to provide reports needed by the Director to fulfill their duties. Federal agencies are also required to maintain records and provide information as the Director requests, and the Director must regularly evaluate each plan to ensure it remains competitive.

8808. Jurisdiction of courts Read Opens in new tab

Summary AI

The district courts of the United States and the United States Court of Federal Claims share the power to hear civil cases against the U.S. government under this chapter, but only after all necessary administrative steps have been completed, and as long as there isn't another resolution process that bars court review.

8809. Administrative functions Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Director, who must establish regulations to implement the program and work with other agencies. It also specifies that the Director must determine how time spent receiving benefits affects things like pay raises and job rights. The carrier is required to conduct enrollment and educational activities as directed by the Director.

8810. Cost accounting standards Read Opens in new tab

Summary AI

The section states that the rules for cost accounting, which are usually set according to a specific part of U.S. law, do not apply to insurance contracts mentioned in this chapter.