Summary: The Fair Share Employer Disclosure Act directs the state to publish a list of the 50 employers with the highest number of employees who receive Medicaid or other public assistance, in order to promote a clearer understanding of the problem.
This model is based on Section 38 of Massachusetts Senate Working Group on Health Care Cost Containment and Reform’s “An Act furthering health empowerment and affordability by leveraging transformative health care” (October 2017) as well as California AB 1792 (2014).
SECTION 1. SHORT TITLE
This Act shall be called the “Fair Share Employer Disclosure Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
(B) PURPOSE—This law is enacted to obtain data that will enable the state to protect workers and strengthen the economy.
SECTION 3. FAIR SHARE EMPLOYER DISCLOSURE
After section XXX, the following new section XXX shall be inserted:
(A) REPORT REQUIRED—The [Department of Social Services] shall annually, not later than February 1, prepare and file a public health program beneficiary employer report to identify the 50 employers that have the highest number of employees who receive public assistance through [list the state Medicaid program and other state public assistance programs for low-income residents]. The report shall be filed with the clerks of the State Senate and House, [and the committees on health and ways & means]. The report shall also be made available on the Department’s website.
(B) CONTENTS OF REPORT—The report shall include:
(C) RESTRICTIONS—The report shall not include the names of any individual public assistance beneficiaries and shall be subject to privacy standards pursuant to Public Law 104-191 and the Health Insurance Portability and Accountability Act of 1996. The Department may establish interagency agreements to collect information to fulfill the requirements of this section including, but not limited to, an interagency agreement to access and utilize information collected through the health insurance responsibility disclosure form established under [citation].
SECTION 4. EFFECTIVE DATE
This law shall become effective on July 1, 20XX.