Category: health care reform

Health Care Reform Pay or Play Calculator

BCS has tools which can help you get an estimate on how paying or playing may affect your bottom line! Call us today and lets get started!

Pricing for this service is $350 for tool or $500-$1500 for BCS to prepare, analyze and deliver results.

Beginning in 2014, employers with more than 50 full-time equivalent employees may be subject to a penalty tax if they do not offer health care coverage to all full-time employees. These employers can also be subject to a penalty if they offer coverage to all full-time employees, but the coverage is unaffordable or does not provide minimum value. Coverage is unaffordable if it costs the employee more than 9.5% of household income and it does not provide minimum value if the plan’s share of the total allowed cost of benefits is less than 60%. However, recent guidance from the IRS allows employers to calculate affordability based on the cost of single coverage and W-2 income, rather than household income. The penalty will apply if any full-time employee is certified to the employer as having purchased health insurance through an exchange and received a tax credit or cost-sharing reduction related to the coverage.

BCS has a new calculator which can be used to help our clients or prospective clients determine what their penalties could be if they either:

  1. (a) Do not provide coverage to all full-time employees,
  2. (b) Provide coverage that is unaffordable for some or all employees, or
  3. (c) Provide coverage that is not of “minimum value.”

To begin, BCS will need to have the following data available.

  • Rate and census information including:*
  • Employer’s marginal tax rate
  • Plan enrollment count (by coverage tier)
  • Plan rate (by coverage tier)
  • Employee cost (by coverage tier)
  • Employee identifier (name, ID, etc.)
  • Employee W2 income

Plan information including

  • Deductibles
  • Copays
  • Coinsurance
  • Out-of-pocket maximums

This calculator is for use by large employers with 50 full-time equivalent employees.

Disclaimer: This calculator is intended to provide estimates of possible penalties under current information available regarding the health care reform requirements. Results are dependent on entry of accurate plan and employee data and may change based on guidance issued by various regulatory agencies. Nothing in this calculator should be considered legal or tax advice.

Call us today and let’s get started! 281-333-2255 or email: paulac@bcspec.com

Social Media Policies: Dos and Don’ts

With the advent of social networking, it is absolutely critical that your organization has a solid social media policy. Here are a few things your policy should and shouldn’t do.

Dos

  • Your policy should plainly state what is appropriate social networking behavior, what can and can’t be shared and why.
  • The policy should also explicitly lay out the consequences of violating the policy. Different degrees of violation require different punishments.

Don’ts

  • Your policy shouldn’t be over intrusive. This could be a huge turnoff for employees, and possibly cause legal concerns if personal information is used when making a hiring decision.
  • Don’t prohibit your employees from discussing your organization. As long as they know what topics are appropriate, your employees can serve as great ambassadors of your brand.

Health Care Costs and Your Employee Health Plan

Health care costs, and consequently employee health benefits costs, have been increasing at an alarming rate for nearly a decade. Avoiding rising health care costs is nearly impossible, but you can learn about why they continue to rise and what you can do to manage costs for your organization and your employees.

To assist you, the following pages provide factors leading to unprecedented rate hikes, the latest health care cost figures and strategies that firms around the United States are implementing to help manage costs.

Factors Leading to Increased Health Care Costs

Why are U.S. health care costs skyrocketing? Several market conditions have led to a decade of unrelenting increases. Factors that have contributed to climbing health care costs over the past decade include:

  • Demographics
  • Expansion of health care providers
  • Consolidation of managed care companies
  • Political environment/government regulation
  • Increased utilization and consumer demand
  • New medical technology
  • Weakening of managed care system
  • Health care spending and medical cost inflation
  • Increased prescription drug costs

The following are two factors that are also contributing to current and projected health care costs.

An Aging Population

Slower hiring rates have resulted in older employees in the workforce. Because older workers are more prone to health problems, companies are seeing a rise in chronic conditions, costly medical problems and the use of prescription drugs, and an increase in the amount and frequency of catastrophic claims.

Poor General Health

Poorer health among Americans has also contributed to health care cost increases. Preventable risk factors such as obesity and high blood pressure have led to increases in chronic health conditions such as diabetes and heart disease – illnesses that are long-term and extremely costly. Unhealthy lifestyles can be addressed through wellness programs to improve employee health and reduce costs, but most savings are seen in the long term. To combat the continuing short-term increases, employers are passing more and more costs to employees through higher deductibles, copays and out-of-pocket maximum amounts.

Understanding why your annual health plan renewal rates may be significantly higher than the previous year is the key to forming alternatives and solutions to your particular plan’s challenges. It is also important for educating your employees about the reasons behind any plan or contribution changes you may decide to introduce.

What Can Employers Do?

Employers are struggling to contain accelerating health plan costs. After trying to absorb most of the costs because of hiring and retention issues, many firms are attacking the root causes of rising costs with sustained, systemic changes. With the growing epidemic of poor health and the uncertain overall impact of health care reform, many employers are looking at both short- and long-term strategies to manage costs.

Using Health Care Data to Drive Strategy

A Hewitt Associates survey found that employers cite using health care data to make strategic health plan decisions as their top cost-cutting strategy. However, the survey also discussed the importance of going beyond accessing data, and understanding how to apply it to make decisions and implement strategic changes.

Greater Emphasis on Consumer-Driven Plans

An increasingly popular option in the health care industry is the adoption of consumer-driven health plans, typically involving a health reimbursement account (HRA) or health savings account (HSA). These plans offer cost-savings for the employer, but also benefit the employee. With proper education, employees can become smarter health care consumers, which can save both parties money.

Promoting Employee Health and Wellness

Health and wellness initiatives have become another popular health care cost management strategy, and remain one of employers’ top cost containment strategies. As more and more employers are realizing, improving employee health and wellness can effectively lower health care costs and increase productivity. Many employers are creating more comprehensive programs, targeting specific diseases and including dependents in the initiatives.

Incentives for participation are growing in popularity as well (including incentives for dependents), but it is important to use effective incentives. Rewarding employees for participating in a program or meeting a health goal is much more effective than creating incentives, things like the completion of a health risk assessment. Many employers are also instituting penalties for non-participation or unhealthy behaviors, often in the form of higher premiums or additional employee cost-sharing. It is important to note that successful wellness and disease management initiatives are dependent on quality employee education and communication techniques.

Increased Employee Cost-Sharing

Many employers are choosing to pass more costs to employees to handle tough increases; they are also choosing to restructure their health plan to incentivize lower-cost options. These are a few strategies employers are using:

  • Moving from fixed dollar copayments to a coinsurance model (employee pays a percentage of costs for each health care service)
  • Increasing deductibles and out-of-pocket maximums
  • Increasing employee cost-sharing for non-network providers
  • Increasing employee cost-sharing for brand name prescription drugs to incentivize use of generics
  • Offering consumer-driven plans, either as an option along with a traditional plan or as a total replacement

Dependent Management Strategies

Employers are finding huge cost-saving opportunities by changing the way they manage dependents. Dependent eligibility audits can save companies substantial amounts of money: Studies show that, on average, 5 to 15 percent of dependents are actually not eligible to be on the health plan. Many companies are also shifting to a per-member premium structure, rather than just “individual” and “family.” Another emerging trend is requiring spouses to pay more in premium or assessing a surcharge, to encourage spouses to enroll in their own employers’ plans.

Strategic Vendor Management

A recent movement involves companies aggressively evaluating their vendor relationships and replacing or eliminating those vendors that do not produce measurable results. Employers are also looking for opportunities to consolidate vendor relationships to get the most for their money.

Long-Term Solutions vs. Short-Term Fixes

Due to the financial pressure many employers are under, short-term tactics like employee cost-sharing are still prevalent. However, employers are exploring multi-year plans and longer-term initiatives to improve overall employee health and strategically manage costs in the future. Particularly in the wake of health care reform, many employers are becoming more concerned with developing strategies that are sustainable in keeping costs down.

Which Solution is Right for You?

Should you pass costs on to employees? Or should you try to manage costs in some of the other ways discussed in this article? Ultimately, it is a decision that you need to come to through thoughtful and detailed analysis of your plans and with the advice of your broker or consultant.

Below are some questions you can address in order to begin developing an effective strategy that is right for your organization.

  • Is our program structure, plan design and pricing appropriate?
  • Do we have the right vendors, services, contracting and funding in place?
  • Are our employee communication efforts appropriate and effective, especially regarding employee health and wellness and/or consumerism?
  • Do we have effective disease management and wellness programs for our employees?
  • Do our pricing and plan design features encourage cost-conscious behavior on the part of our employees?
  • Are we thinking about long-term solutions rather than quick fixes for this year?

What Should I Tell My Employees?

It’s a fact: health care costs and health benefit costs continue to increase at exceptionally high rates from year to year. You want to continue to offer valuable health benefits to your current employees, and you want those benefits to help you attract and retain quality employees. However, you also need to consider the cost-effectiveness of those benefits at a time when hefty rate hikes are the norm.

The information contained in this article is designed to help you understand why your renewal rates may have increased, and to help you educate your employees about the reasons for any plan or contribution changes you may have to make. If your employees understand current trends in the health care industry, they will be more supportive of changes and will appreciate the resources necessary to provide them with their health care benefits.

National Health Care Cost and Renewal Rate Projections

Overall national health care costs have been skyrocketing for over a decade. Exhibit 1A, right, depicts the percent change in average annual health care cost increases from 2004 to 2012. Cost increases have remained steady or grown since 2006, but the 2011 Hewitt Health Value Initiative survey predicted a lower rate of increase for 2011-2012 (7 percent, down from 7.5 percent in 2010-2011).

Experts expect significant annual increases in health care costs to continue. According to the Hewitt Health Value Initiative, the average cost of health care benefits for each active employee rose to $9,792 per year in 2011 and is expected to grow to $10,475 in 2012 (Exhibit 1B, right). Employers are also passing more of these costs onto employees, as the percentage that employees are asked to pay is also increasing. In 2011 employees paid an annual average of $2,084 (21.3 percent of the total cost of their coverage); this figure is projected to grow to $2,306 in 2012 (22 percent of the total cost if coverage).

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Federal Court Temporarily Blocks Contraceptive Mandate

On July 27, 2012, the U.S. District Court for Colorado temporarily blocked the enforcement of a health care reform rule requiring certain health plans to cover contraceptives without copays or other cost-sharing. This ruling applies only to the specific business involved in the lawsuit and does not stop the rule from going into effect. However, it is only one of many lawsuits challenging the mandate and could signal the beginning of an extended period of litigation.

Employers should be aware of potential changes to the contraceptive rule that could result from these lawsuits. Benefit & Compensation Specialists, PLLC will monitor any legal actions and rulings related to this issue.

History and Background

The health care reform law requires non-grandfathered health plans to cover preventive health services without imposing cost-sharing requirements. This mandate generally became effective for plan years beginning on or after Sept. 23, 2010. The preventive care services that must be covered are described in a series of guidelines.

On Aug. 1, 2012, additional preventive care guidelines for women will go into effect for the first time. These additional guidelines, which are generally effective for plan years beginning on or after Aug. 1, 2012, require non-grandfathered health plans to cover women’s preventive health services, including contraceptives, without charging a copayment, a deductible or coinsurance.

Under the guidelines, plans must cover all Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity. According to the Department of Health and Human Services (HHS), the recommendations do not include abortifacient drugs.

Contraceptive Services and Religious Employers

Group health plans sponsored by certain religious employers such as churches, and group health insurance coverage in connection with these plans, are exempt from the requirement to cover contraceptive services. A religious employer is one that: (1) has the inculcation of religious values as its purpose; (2) primarily employs persons who share its religious tenets; (3) primarily serves persons who share its religious tenets; and (4) is a nonprofit organization under Internal Revenue Code section 6033(a)(1) and section 6033(a)(3)(A)(i) or (iii).

This exemption does not extend to nonprofit employers (such as universities, hospitals and charities) that do not qualify as religious employers under this definition. It also does not apply to private employers that simply object to providing contraceptive coverage on a religious basis (or for any other reason). HHS has announced a one-year delay in the application of the rule for these nonprofit employers while a compromise is explored. However, no such delay is available for private employers.

The Court’s Ruling

There are 24 reported lawsuits that have been filed attempting to strike down the contraceptive mandate. Many of these suits involve nonprofit employers that are affiliated with a religious organization. This particular case—Hercules Industries, Inc. v. Sebelius—involves a private business, a Colorado HVAC company owned by a Catholic family.

The owners of Hercules Industries stated that their religious beliefs prohibit the use of contraceptives and that they seek to run their business in a manner that reflects those beliefs. They argued that the birth control mandate violates their First Amendment rights by interfering with their ability to freely practice their religion.

The judge did not rule on the merits of the case. He has not yet determined whether the contraceptive requirement is in fact a violation of the First Amendment. However, the judge found that the rule should not apply to Hercules Industries while the case is being decided and granted a temporary injunction to keep the rule from being enforced. The judge concluded that the possible harm to Hercules Industries in having to implement the rule far outweighed the potential harm of temporarily blocking the requirement.

The judge also made clear that his ruling applies only to Hercules Industries and not to any other case or employer. He stated that the injunction does not relate to any other party’s free exercise of religion and does not affect enforcement of the preventive care mandate against any other party.

MORE INFORMATION

Please contact Benefit & Compensation Specialists, PLLC for more information on coverage of preventive care services required by health care reform or see one of the following resources:

 

 

Updated Health Care Reform Timeline

On March 23, 2010, President Obama signed into law the health care reform bill, the Patient Protection and Affordable Care Act. This legislation, along with the Health Care and Education Reconciliation Act of 2010, makes sweeping changes to the U.S. health care system. These changes will be implemented over the next several years.

This Benefit & Compensation Specialists, PLLC Legislative Brief provides a timeline of the implementation of key reform provisions that affect employers and individuals. Please read below for more information and contact Benefit & Compensation Specialists, PLLC with any questions about how you can prepare for any of the health care reform requirements.

2010

EXPANDED INSURANCE COVERAGE

The health care reform law contains some provisions designed to provide improvements in access to health care coverage in 2010.

  • Extended Coverage for Young Adults. Group health plans and health insurance issuers offering group or individual health insurance coverage that provide dependent coverage of children must make coverage available for adult children up to age 26. There is no requirement to cover the child or spouse of a dependent child. This requirement applies to grandfathered and non-grandfathered plans. However, grandfathered plans need not cover adult children who are eligible for other employer-sponsored coverage, such as coverage through their own employer, until 2014.

The Reconciliation Act added a new tax provision related to health insurance coverage for these adult children. Effective March 30, 2010, amounts spent on medical care for an eligible adult child can generally be excluded from taxable income.

Note: A “grandfathered plan” is one in which an individual was enrolled on March 23, 2010, and to which there is no significant change to existing coverage. Many requirements of the new law do not apply to grandfathered plans and nothing in the law requires that individuals terminate coverage in which they were enrolled when the law was passed. A plan can still be a grandfathered plan even if family members or new employees are allowed to join.

  • Access to Insurance for Uninsured Individuals with Pre-Existing Conditions. The health care reform law provided for the establishment of a temporary high risk health insurance pool program to provide health insurance coverage for certain uninsured individuals with pre-existing conditions. The program will end in 2014, when the health insurance exchanges are set to be operational.
  • Identifying Affordable Coverage. As required, the Secretary of Health and Human Services (HHS) has established an Internet website through which residents of any state may identify affordable health insurance coverage options in that state. The website also includes information for small businesses about available coverage options, reinsurance for early retirees, small business tax credits, and other information of interest to small businesses. So-called “mini-med” or limited-benefit plans will be precluded from listing their policies on this website.
  • Reinsurance for Covering Early Retirees. The new law established a temporary reinsurance program to provide reimbursement to participating employment-based plans for a portion of the cost of providing health insurance coverage to early retirees and their spouses, surviving spouses and dependents. This program is designed to end on Jan. 1, 2014, or earlier, if the $5 billion in funding is paid out.

Due to the program’s popularity, it closed to new applications effective May 5, 2011. In early December 2011, HHS announced that, because the program has already provided more than $4.5 billion in reimbursements, it will not accept reimbursement requests for claims incurred after Dec. 31, 2011.

HEALTH INSURANCE REFORM

The health care reform law also imposes requirements on health insurance issuers to reform certain insurance practices and improve the coverage available.

  • Eliminating Pre-Existing Condition Exclusions for Children. Group health plans and health insurance issuers may not impose pre-existing condition exclusions on coverage for children under age 19. This provision will apply to all employer plans and new plans in the individual market. This provision will also apply to adults in 2014.
  • Coverage of Preventive Health Services. Group health plans and health insurance issuers offering group or individual health insurance coverage must provide coverage for preventive services. These plans also may not impose cost sharing requirements for preventive services. Grandfathered plans are exempt from this requirement.
  • Prohibiting Rescissions. The health care reform law prohibits rescissions, or retroactive cancellations, of coverage. Group health plans and health insurance issuers offering group or individual insurance coverage may not rescind coverage once the enrollee is covered, except in cases of fraud or intentional misrepresentation. Plan coverage may not be cancelled without prior notice to the enrollee. This provision applies to all new and existing plans.
  • Limits on Lifetime and Annual Limits. In general, group health plans and health insurance issuers offering group or individual health insurance coverage may not establish lifetime limits on the dollar value of benefits for any participant or beneficiary or impose unreasonable annual limits on the dollar value of benefits for any participant or beneficiary. This requirement applies to all plans, although plans may request a waiver of the annual limit requirement. The annual limit waiver program will be close to applications effective Sept. 22, 2011. Annual limits will also be prohibited beginning in 2014.

HEALTH PLAN ADMINISTRATION

In addition to any administrative changes required by the coverage improvements described above, health plans will be subject to increased administrative duties under health care reform.

  • Improved Appeals Process. Group health plans and health insurance issuers offering group or individual health insurance coverage must implement an effective appeals process for appeals of coverage determinations and claims. At a minimum, plans and issuers must:
    • Have an internal claims process in effect;
    • Provide information to claimants in a culturally and linguistically appropriate manner in some situations; and
    • Allow enrollees to review their files, to present evidence and testimony as part of the appeals process, and to receive continued coverage pending the outcome of the appeals process.

The internal claims process must initially incorporate the current claims procedure regulations issued by the Department of Labor in 2001. A grace period for some of the internal appeals process rules has been provided until plan years beginning on or after Jan. 1, 2012. Plans and issuers must also implement an external review process that meets applicable state or federal requirements.

  • Nondiscrimination Rules for Fully Insured Plans. Fully insured group health plans will have to satisfy nondiscrimination rules regarding eligibility to participate in the plan and eligibility for benefits. These rules prohibit discrimination in favor of highly compensated individuals. This section does not apply to grandfathered plans. This provision was set to take effect for plan years beginning on or after Sept. 23, 2010. However, it has been delayed indefinitely pending the issuance of regulations. The regulations will specify the new effective date.

MEDICARE/MEDICAID

The health care reform law will further affect individuals by making certain changes to Medicare and Medicaid.

  • Rebates for the Medicare Part D “Donut Hole.” Currently, there is a coverage gap, or “donut hole,” in most Medicare Part D plans. Once the plan and participant have paid $2,930 in total drug costs ($2,970 for 2013), the participant is in the coverage gap. The coverage gap ends when the participant has spent $4,700 ($4,750 for 2013) out of pocket for drug costs in a calendar year. For 2010, health care reform provided a $250 rebate check for all Medicare Part D enrollees who entered the donut hole. Beginning in 2011, a 50 percent discount on brand-name drugs will be instituted and generic drug coverage will be provided in the donut hole. The donut hole gap will be filled by 2020.
  • Medicaid Flexibility for States. States are given a new option under the health care reform law to cover additional individuals under Medicaid. States will be able to cover parents and childless adults up to 133 percent of the Federal Poverty Level (FPL).

FEES AND TAXES

With a total estimated cost of over $900 billion dollars, the reform of the nation’s health care system comes with additional costs and fees. These fees will also be implemented over the next several years. However, health care reform also includes some subsidies, in the form of tax credits, to help individuals and businesses pay for coverage.

  • Small Business Tax Credit. The first phase of the small business tax credit for qualified small employers began in 2010. These employers can receive a credit for contributions to purchase health insurance for employees. The credit is up to 35 percent of the employer’s contribution to provide health insurance for employees. There is also up to a 25 percent credit for small nonprofit organizations. When health insurance exchanges are operational, tax credits will increase, up to 50 percent of premiums.
  • Indoor Tanning Services Tax. One additional tax imposed by the health care reform law is a 10 percent tax on amounts paid for indoor sun tanning services.

2011

EXPANDED INSURANCE COVERAGE

  • Community Living Assistance Services and Supports Program (CLASS Act). The health care reform law creates a long-term care insurance program for adults who become disabled. Participation will be voluntary and the program is to be funded by voluntary payroll deductions to provide benefits to adults who become disabled. Although the program was technically effective Jan. 1, 2011, significant portions are not required to be established until 2012. Note: Implementation of the CLASS Act was suspended on Oct. 14, 2011 due to concerns on fiscal sustainability and affordability.


HEALTH PLAN ADMINISTRATION

  • Improving Medical Loss Ratios. Health insurance issuers offering group or individual health insurance coverage (including grandfathered health plans) must annually report on the share of premium dollars spent on health care and provide consumer rebates for excessive medical loss ratios.
  • Standardizing the Definition of Qualified Medical Expenses. The health care reform law conforms the definition of “qualified medical expenses” for HSAs, FSAs and HRAs to the definition used for the itemized tax deduction. This means that expenses for over-the-counter (OTC) medicines and drugs may not be reimbursed by these plans unless they are accompanied by a prescription. There is an exception for insulin. Also, OTC medical supplies and devices may continue to be reimbursed without a prescription.
  • Cafeteria Plan Changes. The new law creates a Simple Cafeteria Plan to provide a vehicle through which small businesses can provide tax free benefits to their employees. This plan is designed to ease the small employer’s administrative burden of sponsoring a cafeteria plan. The provision also exempts employers who make contributions for employees under a simple cafeteria plan from certain nondiscrimination requirements applicable to highly compensated and key employees.

MEDICARE/MEDICAID

  • Medicare Part D Discounts. In order to make prescription drug coverage more affordable for Medicare enrollees, the new law will provide a 50 percent discount on all brand-name drugs and biologics in the “donut hole.” It also begins phasing in additional discounts on brand-name and generic drugs to completely fill the donut hole by 2020 for all Part D enrollees.
  • Additional Preventive Health Coverage. The new law provides a free, annual wellness visit and personalized prevention plan services for Medicare beneficiaries and eliminates cost-sharing for preventive services beginning in 2011.

FEES AND TAXES

  • Increased Tax on Withdrawals from HSAs and Archer MSAs. The health care reform law increased the additional tax on HSA withdrawals prior to age 65 that are not used for qualified medical expenses from 10 to 20 percent. The additional tax for Archer MSA withdrawals not used for qualified medical expenses also increased from 15 to 20 percent.

2012

HEALTH INSURANCE REFORM

  • Preventive Care for Women. Beginning in 2010, non-grandfathered group health plans and health insurance issuers offering group or individual non-grandfathered health insurance coverage were required to provide coverage for preventive services with no cost-sharing requirements. Effective for plan years beginning on or after August 1, 2012, the required preventive services include specific services for women, including contraceptives and contraceptive counseling. Exceptions to the contraceptive coverage requirement apply to religious employers.

EXPANDED INSURANCE COVERAGE

  • Community Living Assistance Services and Supports Program (CLASS Act). As noted above, the CLASS Act, which creates a voluntary long-term care insurance program, was technically effective Jan. 1, 2011. However, significant aspects of the program, such as enrollment and premium payment rules, will not be established until 2012. Note: Implementation of the CLASS Act was suspended on Oct. 14, 2011 due to concerns on fiscal sustainability and affordability.


HEALTH PLAN ADMINISTRATION

  • Uniform Summary of Benefits and Coverage. All non-grandfathered and grandfathered health plans will be required to provide a uniform summary of the plan’s benefits and coverage to participants. The summary will have to be written in easily understood language and will be limited to four pages. Any mid-year changes to the information contained in the summary will have to be provided to participants 60 days in advance. The health care reform law indicated that plans would be required to start providing the summary by March 23, 2012.

Note: On Nov. 17, 2011, the Department of Labor (DOL) issued guidance that delayed the deadline for plans to begin providing the summary until after the release of final regulations. On Feb. 9, 2012, HHS, the DOL and the Treasury Department issued final regulations on the summary of benefits and coverage requirement.

The final guidance provides that plans and issuers must start providing the summary by the following deadlines:

  • Issuers must provide the summary to health plans effective Sept. 23, 2012;
  • Plans and issuers must provide the summary to participants and beneficiaries who enroll or re-enroll during an open enrollment period starting with the first day of the first open enrollment period that begins on or after Sept. 23, 2012;
  • Plans and issuers must provide the summary to participants who enroll for coverage other than through an open enrollment period (for example, newly eligible individuals and special enrollees) starting with the first day of the first plan year that begins on or after Sept. 23, 2012.
  • Reporting Health Coverage Costs on Form W-2. Employers will be required to disclose the value of the health coverage provided by the employer to each employee on the employee’s annual Form W-2. Note that this requirement is effective, but optional, for the 2011 tax year and will be mandatory for later years for most employers. This requirement is optional for small employers (those filing fewer than 250 Form W-2s) at least for the 2012 tax year and will remain optional until further guidance is issued.
  • Medical Loss Ratio Rebates. Fully insured plans will receive rebates by Aug. 1, 2012 if they qualify for a rebate from their health insurance issuers due to the medical loss ratio (MLR) rules. The MLR rules require insurance companies to spend a certain percentage of premium dollars on medical care and health care quality improvement, rather than administrative costs. Any portion of a rebate that is a plan asset must be used for the exclusive benefit of the plan’s participants and beneficiaries. This may include, for example, reducing participants’ premium payments.

Fees and taxes

  • Comparative Effectiveness Research (CER) Fees. Effective for plan years ending on or after Oct. 1, 2012, issuers and sponsors of self-insured health plans must pay CER fees to fund health care research. The CER fees do not apply for plan years ending on or after Oct. 1, 2019. Thus, for calendar year plans, the CER fees will be effective for the 2012 through 2018 plan years. For plan years ending before Oct. 1, 2013 (that is, 2012 for calendar year plans), the research fee is $1 multiplied by the average number of lives covered under the plan. The fee goes up to $2 for plan years ending on or after Oct. 1, 2013 and before Oct. 1, 2014, and will be indexed for future years. CER fees must be reported and paid by July 31 of each year, and will generally cover plan years that end during the preceding calendar year. The first possible due date for paying CER fees is July 31, 2013.

 

 

2013

HEALTH PLAN ADMINISTRATION

  • Administrative Simplification. Beginning in 2013, health plans must adopt and implement uniform standards and business rules for the electronic exchange of health information to reduce paperwork and administrative burdens and costs.
  • Limiting Health Flexible Savings Account Contributions. The health care law will limit the amount of salary reduction contributions to health FSAs to $2,500 per year, indexed by CPI for subsequent years.

FEES AND TAXES

  • Eliminating Deduction for Medicare Part D Subsidy. Currently, employers that receive the Medicare Part D retiree drug subsidy may take a tax deduction for their prescription drug costs, including costs attributable to the subsidy. The deduction for the retiree drug subsidy will be eliminated in 2013.
  • Increased Threshold for Medical Expense Deductions. The health care reform law increases the income threshold for claiming the itemized deduction for medical expenses from 7.5 percent of income to 10 percent. However, individuals over 65 would be able to claim the itemized deduction for medical expenses at 7.5 percent of adjusted gross income through 2016.
  • Additional Hospital Insurance Tax for High Wage Workers. The new law increases the hospital insurance tax rate by 0.9 percentage points on wages over $200,000 for an individual ($250,000 for married couples filing jointly). The tax is also expanded to include a 3.8 percent tax on net investment income in the case of taxpayers earning over $200,000 ($250,000 for joint returns).
  • Medical Device Excise Tax. The law also establishes a 2.3 percent excise tax on the first sale for use of a medical device. Eye glasses, contact lenses, hearing aids, and any device of a type that is generally purchased by the public at retail for individual use are excepted from the tax.

2014

COVERAGE MANDATES

  • Individual Coverage Mandates. The health care reform legislation requires most individuals to obtain acceptable health insurance coverage or pay a penalty, beginning in 2014. The penalty will start at $95 per person for 2014 and increase each year. The penalty amount increases to $325 in 2015 and to $695 (or up to 2.5 percent of income) in 2016, up to a cap of the national average bronze plan premium. After 2016, dollar amounts are indexed. Families will pay half the penalty amount for children, up to a cap of $2,250 per family. Individuals may be eligible for an exemption from the penalty if they cannot obtain affordable coverage.
    • Legal challenges to the health care reform law have focused on whether Congress had the constitutional authority to enact the individual coverage mandate.
    • On June 28, 2012, the U.S. Supreme Court addressed these legal challenges and upheld the individual coverage mandate as constitutional. This means that the mandate will go into effect in 2014 as planned, unless it is repealed by Congress.
    • Employer Coverage Requirements. Employers with 50 or more employees that do not offer coverage to their employees will be subject to penalties if any employee receives a government subsidy for health coverage. The penalty amount is up to $2,000 annually for each full-time employee, excluding the first 30 employees. Employers who offer coverage, but whose employees receive tax credits, will be subject to a fine of $3,000 for each worker receiving a tax credit, up to an aggregate cap of $2,000 per full-time employee. Employers will be required to report to the federal government on health coverage they provide.

HEALTH INSURANCE EXCHANGES

The health care reform legislation provides for health insurance exchanges to be established in each state in 2014. Individuals and small employers will be able to shop for insurance through the exchanges. Small employers are those with no more than 100 employees. If a small employer later grows above 100 employees, it may still be treated as a small employer. Large employers with over 100 employees are to be allowed into the exchanges in 2017. The health care reform legislation provided that workers who qualified for an affordability exemption to the coverage mandate, but did not qualify for tax credits, could use their employer contribution to join an exchange plan. This requirement is known as the “free choice voucher” provision. The federal appropriations bill signed by President Obama on April 15, 2011, eliminated the free choice voucher provision from health care reform.

HEALTH INSURANCE REFORM

Additional health insurance reform measures will be implemented beginning in 2014.

  • Guaranteed Issue and Renewability. Health insurance issuers offering health insurance coverage in the individual or group market in a state must accept every employer and individual in the state that applies for coverage and must renew or continue to enforce the coverage at the option of the plan sponsor or the individual.
  • Pre-existing Condition Exclusions. Effective Jan. 1, 2014, group health plans and health insurance issuers may not impose pre-existing condition exclusions on any covered individual, regardless of the individual’s age.
  • Insurance Premium Restrictions. Health insurance issuers will not be permitted to charge higher rates due to heath status, gender or other factors. Premiums will be able to vary based only on age (no more than 3:1), geography, family size, and tobacco use.
  • Nondiscrimination Based on Health Status. Group health plans and health insurance issuers offering group or individual health insurance coverage (except grandfathered plans) may not establish rules for eligibility or continued eligibility based on health status-related factors.
  • Nondiscrimination in Health Care. Group health plans and health insurance issuers offering group or individual insurance coverage may not discriminate against any provider operating within their scope of practice. However, this provision does not require a plan to contract with any willing provider or prevent tiered networks. It also does not apply to grandfathered plans. Plans and issuers also may not discriminate against individuals based on whether they receive subsidies or cooperate in a Fair Labor Standards Act investigation.
  • Annual Limits. Restricted annual limits will be permitted until 2014. However, in 2014, the plans and issuers may not impose annual limits on the amount of coverage an individual may receive.
  • Excessive Waiting Periods. Group health plans and health insurance issuers offering group or individual health insurance coverage will not be able to require a waiting period of more than 90 days.
  • Coverage for Clinical Trial Participants. Non-grandfathered group health plans and insurance policies will not be able to terminate coverage because an individual chooses to participate in a clinical trial for cancer or other life-threatening diseases or deny coverage for routine care that they would otherwise provide just because an individual is enrolled in such a clinical trial.
  • Comprehensive Benefits Coverage. Health insurance issuers that offer health insurance coverage in the individual or small group market will be required to provide the essential benefits package required of plans sold in the health insurance exchanges. This requirement does not apply to grandfathered plans.
  • Limits on Cost-Sharing. Non-grandfathered group health plans will be subject to limits on cost-sharing or out-of-pocket costs. Out-of-pocket expenses may not exceed the amount applicable to coverage related to HSAs and deductibles may not exceed $2,000 (single coverage) or $4,000 (family coverage). These amounts are indexed for subsequent years. Further guidance on which plans will have to apply these limits would be helpful.

EMPLOYER WELLNESS PROGRAMS

Under health care reform, the rules for employer wellness programs will be changed slightly. Existing wellness regulations under HIPAA permit wellness incentives of up to 20 percent of the total premium, as long as the program meets certain conditions. Under health care reform, the potential incentive increases to 30 percent of the premium in 2014 for employee participation in the program or meeting certain health standards. Employers must offer an alternative standard for those employees whom it is unreasonably difficult or inadvisable to meet the standard. Following a governmental study on wellness programs, the incentive may be increased to as much as 50 percent.

FEES AND TAXES

  • Individual Health Care Tax Credits. The new law makes premium tax credits available through the exchanges to ensure people can obtain affordable coverage. Credits are available for people with incomes above Medicaid eligibility and below 400 percent of poverty level who are not eligible for or offered other acceptable coverage. The credits apply to both premiums and cost-sharing.
  • Small Business Tax Credit. The second phase of the small business tax credit for qualified small employers will be implemented in 2014.  These employers can receive a credit for contributions to purchase health insurance for employees, up to 50 percent of premiums.
  • Health Insurance Provider Fee. The health care reform law imposes an annual, non-deductible fee on the health insurance sector, allocated across the industry according to market share. The fee does not apply to companies whose net premiums written are $25 million or less.

2018

HIGH COST PLAN EXCISE TAX

A 40 percent excise tax is to be imposed on the excess benefit of high cost employer-sponsored health insurance. This tax is also known as a “Cadillac tax.” The annual limit for purposes of calculating the excess benefits is $10,200 for individuals and $27,500 for other than individual coverage. Responsibility for the tax is on the “coverage provider” which can be the insurer, the employer, or a third-party administrator. There are a number of exceptions and special rules for high coverage cost states and different job classifications.