Florida Employee Rights

Scott getting low-cost health insurance from state

While Scott is accepting no salary for his job as governor, the multimillionaire and former hospital chain executive chose to enroll in the taxpayer-subsidized health insurance plan offered by the state of Florida.

Scott is among nearly 32,000 people in state government who pay relatively low health insurance premiums. It's a perk that is available to high-ranking state officials, including those in top management at all state agencies. Nearly all 160 state legislators are also enrolled in the program that costs just $8.34 a month for individual coverage and $30 a month for family coverage.

Brian Burgess, a spokesman for Scott, confirmed the governor and his wife are enrolled in the state health insurance plan, but refused to discuss why Scott signed up. He called the governor's health care coverage "private matters."

The health insurance coverage provided to Scott used to be free for top state officials until 2010. Rank-and-file state workers pay $50 a month for individual coverage and $180 a month for family coverage. Married couples working in state government also pay the same amount as Scott and legislators.

Florida has one of the highest uninsured rates in the nation, according to data released last year by the U.S. Census. Scott and other Republicans have been very critical of the health care overhaul signed by President Barack Obama that is intended to increase the number of Americans with access to health insurance. Before he ran for governor, Scott ran a group called Conservatives for Patients' Rights that ran television ads criticizing the health care overhaul.

Florida is one of more than 20 states suing to have the health care overhaul declared unconstitutional. In the last few months Republicans in Florida have rejected millions in federal aid that is tied to the health care overhaul.

Sen. Nan Rich, D-Weston, says that Scott is "entitled" to enroll in the state health insurance plan. But she said he shouldn't be fighting to keep other Floridians from getting access to health insurance coverage.

"I wish every Floridian had the same opportunity," Rich said.

Rich is one of 40 state senators who are enrolled in the state health insurance plan. A spokeswoman for the Florida House confirmed that 112 out of 120 House members are also covered by the state. Many state legislators have acknowledged that they enrolled in the state plan because it is cheaper than obtaining coverage elsewhere.

Salim Punjani, Esq. » The NFL Changes Florida's Worker's Comp System

This summer, the spotlight on NFL news has extensively covered the lockout and negotiations toward a collective bargaining agreement. Therefore, Floridians may have missed the local news pushed through by NFL teams and of far greater significance to everyday citizens of the Sunshine State. I’m referring of course to house bill 723, the “ Reciprocity Statute ,” signed into law by Gov. Rick Scott on June 16 , and which went into effect July 1.

Until the enactment of this bill, Florida law did not include professional athletes in the worker’s compensation system, so pro football (and other sports) players had the option to shop around states where they “worked” (played) in order to claim worker’s comp for any injuries. In that situation, the team ownership, like any employer, would have to abide by local worker’s comp laws. This structure has allowed many athletes to file in California, which has arguably the most liberal worker’s compensation laws, and allowed team ownership as employers to opt-out of the worker’s comp system in Florida.

Generally, traveling employees who become injured in the course of their job duties file for worker’s comp in the state where they suffered the injury. In the new bill, HB 723, the legislature and Gov. Rick Scott have passed a new standard preventing the injured from pursuing a claim in another state. Now, employees on an out-of-state trip for less than 10 consecutive days or 25 days in a year will file a worker’s comp claim in Florida and are entitled to compensation as if injured in Florida. Of course, this does not apply to professional athletes alone, but to every Florida employer and employee. Therefore, anyone traveling outside the state for their job who suffers an injury must then waive any preferences of jurisdiction which may have been afforded them by filing in the state where the injury occurred.

This new legislation heavily favors the employer’s needs and concerns while imposing yet another limitation on injured workers, especially those who regularly travel out of state as a part of their business duties. Whereas previously an injured person had the right to file in another state that might have afforded them different rights in their compensation claim, the injured employees are now prevented from taking advantage of benefits or advantages not provided by Florida’s worker’s compensation system. For example, other states may allow a greater period of time for an injured worker to collect indemnity benefits, or a longer statute of limitations to file a claim of injury before they are no longer eligible. In other states, Florida insurance companies may not have the same amount or level of influence on treatment as they do if the person is treated in Florida. Particularly, in Florida, after an employee has begun to receive indemnity benefits, in some circumstances an insurance carrier can unilaterally stop benefits if it is their opinion that the injured employee is not entitled to those benefits. Elsewhere, the insurance carrier may have to effectively request permission from the court in order to cease benefits once they’ve begun. Basically, the rights of the injured employee may be restricted or limited by having no choice other than to file in Florida’s system because of this new law.

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