5.8. SR 03-13-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Worksession March 13, 2006
Item Description
Tobacco Settlement Pa ment Ex enditure Discussion
Item Number
5.8.
Prepared by
Lori ohnson, Ci Administrator
Reviewed by
Introduction
In December the City received $10,381.56 of tobacco settlement funds from BlueCross BlueShield
(BCBS) of Minnesota. Guidelines for how to use these funds need to be established.
Discussion
The settlement funds are in the Insurance Reserve fund where they have been be set aside for programs
that meet the requirements of the settlement. Generally, according the BCBS information, "these
programs will focus on tobacco use, physical inactivity and nutrition."
Several employees have requested that the City reimburse the cost for tobacco cessation programs, which
clearly falls within the parameters of the settlement. If the Council agrees, that will be the first program
funded with this money. In addition to tobacco cessation, I recommend that the funds be spent on
programs that will help to control or reduce health insurance premiums and health care costs such as
health awareness and screening, healthy eating, and other preventative health programs. Another
important program that could be funded because it is currently not available to non-union employees is
an employee assistance program (EAP). BCBS does not offer one with the health insurance plan through
the consortium in which the City participates. The EAP would cost several thousand dollars per year.
Many of the recommended programs can be offered to employees at minimal cost. Currently the Health
Rewards Committee coordinates these programs for employees with a small annual allotment
(approximately between $1,000 and $1,500 per year) from the consortium. However, these funds will not
be available if the City changes insurance plans. Further, the annual allotment does not cover all of the
costs of offering these programs to employees because union and Elk River Municipal Utilities employees
participate in all of the programs while the funding from the consortium is based on the number of non-
union City employees covered by BCBS. Perhaps the best way to ensure that settlement funds are spent
appropriately is to allocate a set amount to the Committee each year for programs that promote healthy
lifestyles and control or reduce health insurance costs. This would supplement the current funding and
replace the consortium contribution if the City changes insurance plans.
Financial Impact
All programs and expenditures will come from the tobacco settlement payment from BlueCross
BlueShield of Minnesota.
Attachments
BlueCross BlueShield of Minnesota letter on settlement.
s: \ Council \Lori\2006 \ Tobacco Settlement. doc
Action Requested
Council direction and concurrence on proposed expenditure of settlement funds.
Council Action
Motion by _
Second by _
Vote
Follow Up
S: \Council\Lori\2006\ Tobacco Settlement.doc
+Q
P.O. Box 64560
St. Paul, MN-
55164-0560
651.662.8000
1.800.382.2000
www.bluecrossmn.com
LOl
l
BlueCross BlueShield
of Minnesota
DEe J 7 2005
To: Blue Cross Group Eligible for Settlement Payment
Blue Cross and Blue Shield of Minnesota is pleased to provide you with a
settlement check from the settlement of the Tow Distributing class action litigation.
At the end of November, our court-approved settlement was finalized and we can
now distribute these proceeds.
Approximately 1 0,000 Blue Cross employer groups are receiving checks as part of
a settlement agreement that calls for the di~tribLition of $41. miHion to emp!oyer
groups (less plaintiffs' attorneys fees and court awarded costs).
We also will use tobacco proceeds to fund programs through our Prevention
Minnesota initiative to improve the health of all Minnesotans. These programs will
focus on tobacco use, physical inactivity and nutrition, which are the leading
preventable causes of death.
In addition to Prevention Minnesota and the settlement checks sent to employers,
proceeds from the original tobacco litigation settlement will go to other health-
related causes. We have already sent nearly $30 million to current and former
individual policyholders. Approximately $30 million will be going to community
health clinics in Minnesota. These clinics serve the uninsured and under-insured of
our communities. And, approximately $70 million will be going to provide debt relief
for the Minnesota Comprehensive Health Association. MCHA provides health
insurance policies to Minnesota residents, who have been denied private health
insurance because of a pre-existing condition.
You should be aware that the U.S. Department of Labor has advised us that they
plan to do random audits of groups that received settlement checks and are
subject to the Employee Retirement Income Security Act of 1974 (ERISA) to
assure .comp!iam~e with ER.ISA requirements. A summary of B ,U,S. Department of
Labor Advisory Opinion regarding ERISA issues associated with these payments
and the full Advisory Opinion can be found at our website:
www.bluecrossmn.com/public/healthandwellness/settlement.html
For more specific guidance on your situation, we recommend you seek the advice
of your attorney or other advisor.
If you have questions about your settlement check or our tobacco related
programs, please call 1-866-356-2426.
Sincerely,
Blue Cross and Blue Shield of Minnesota
Blue Cross and Blue Shield of Minnesota is an independent licensee of the Blue Cross and Blue Shield Association
" Bluetrass BlueShield
. ....... .... of Minnesota
. . .._--..;..._-
FACT SHEET
A Healthier Minnesota - A Blue Cross Investment
to make Minnesota a healthier place to live and work
Give Minnesota children a better chance to grow up healthy. Reduce premiums for many Minnesota
businesses that buy health insurance products. Provide cost relief. Save lives - and money - by making
people healthier.
.. Asa taxable nonprofit - not a for-profit company or a charitable organization - Blue Cross' intent has
always been to use our landmark 1998 settlement with the tobacco industry to benefit all Minnesotans. It's an
extraordinary opportunity to save lives and save money by investing in health.
Our Healthier Minnesota plan for our tobacco proceeds benefits everyone - our members, our neighbors,
small businesses, large businesses, the uninsured and the under-insured. When everyone is healthier, we all
reap the rewards. Payments to eligible fully insured Blue Cross groups under a legal settlement and to
individual members are also a component. The plan also provides immediate relief by reducing premiums for
many Minnesota businesses, and invests in tomorrow, by preserving the community clinic safety net, and
targeting the greatest health challenges in our state: heart disease, cancer and tobacco use.
At a Glance: A Healthier Minnesota
Investment What it Means
Provide needed new funds for community clinics. To the Healthier Minnesota Community Clinics
Investment: $30 million Fund to help community clinics serve the uninsured
and under-insured in our state, and preserve the
community clinic safety net
Reduce the deficit facing the Minnesota To offset MCHA' s deficit and make health care
Comprehensive Health Association (MCHA) more affordable, especially for small businesses, by
Investment: $70 million reducing the burden on the businesses taxed to fund
MCHA
Distribute a portion of the. pro,ceeds directly to Blue Immediate relief for eligible :ftJ.lly insured Blue
Cross eligible fully insured individual members. Cross individual and Medicare Supplement
Investment: $30 million members who had coverage on June 15,2001
Distribute a portion of the proceeds directly to Blue Payments distributed to 10,000 Blue Cross groups
Cross eligible fully insured groups pursuant to a fully insured between 1978 and June 15, 2001.The
class action settlement. Investment: $41 million, original plan the Commerce Department approved
less plaintiffs' attorneys fees and costs called for $30 million. Another $11 million has
now been added under the legal settlement.
Save lives and save money by investing in health Prevention Minnesota, our 10-year initiative, will
improvement and heart disease and cancer target the leading preventable causes of death and
prevention programs for all Minnesotans. disability: tobacco use, physical inactivity, and
Investment: $241 million unhealthy eating.