A BILL TO BE ENTITLED
AN ACT to Repeal the Body Mass Index (BMI) penalty from the North Carolina State Health Plan for Teachers and State Employees.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 2(b) of S.L. 2009‑16, as amended by S.L. 2009‑571, reads as rewritten:
"SECTION 2.(b)  Implement  Wellness Initiative. 
(1)	Program development. – The Plan shall develop a  Wellness Initiative that includes a focus on smoking cessation  and that is designed to be implemented effective  July 1, 2010. Benefit levels shall be determined by the Plan based upon tobacco  use. For purposes of the  Wellness Initiative, "member" includes all State Health Plan primary subscribers and their covered dependents. The Plan shall develop a process whereby a Plan member may appeal the Plan's basis for action it takes due to the member's failure or refusal to comply with the Plan's smoking cessation  requirements.
(2)	Smoking cessation. – Effective July 1, 2010, all members of the Plan who do not have Medicare as their primary coverage shall be enrolled in the Basic Plan under the Plan's PPO unless the subscriber can attest that the subscriber or any qualifying dependent does not smoke or otherwise use tobacco products. The Plan shall develop a mechanism for verifying that the member does not smoke or use other tobacco products. Tobacco use will be reassessed annually at the time of Plan enrollment. All subscribers who have attested that neither they nor their dependents use tobacco, or whose physician certifies in writing that the member is participating in a smoking cessation program, shall have the choice of remaining in the Basic Plan option or enrolling in the Standard Plan option. For purposes of the smoking cessation initiative, "member" includes all members covered under the Plan. As used in this section, "smoking cessation program" means active participation in a Plan‑approved cessation program to include counseling or use of tobacco cessation medications.
	Not later than October 1, 2009, the Executive Administrator shall inform Plan members of the healthy lifestyle initiatives, requirements for compliance, and consequences of noncompliance. The Executive Administrator shall provide to members education and training to assist members in complying with healthy lifestyle initiatives. The Executive Administrator may implement incentive initiatives to further encourage member achievement in smoking cessation, weight management, and other integrated health management programs.
The Executive Administrator shall report to the Committee on Employee Hospital and Medical Benefits recommendations the Plan may have for additional sanctions that may be imposed when the Executive Administrator finds that a member intentionally makes a false statement on a Plan document. The five‑year cessation of coverage requirement of G.S. 135‑45.2(j) does not apply to the smoking cessation  provision of this subsection."
SECTION 2.  This act is effective when it becomes law.