Health Care Reform The Affordable Care Act House Keeping items.. All - - PowerPoint PPT Presentation

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Health Care Reform The Affordable Care Act House Keeping items.. All - - PowerPoint PPT Presentation

1 Health Care Reform The Affordable Care Act House Keeping items.. All phone lines are muted so please send any 1. questions you may have via the chat session during the webinar. All slides will be made available after the


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Health Care Reform

The “Affordable Care Act”

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House Keeping items…..

1.

All phone lines are muted – so please send any questions you may have via the chat session during the webinar.

2.

All slides will be made available after the presentation at www.capitalbenefitservices.com or at www.epkbenefits.com please simply visit the Health Care Reform section of either website. Any follow up questions you may have, please feel free to send to: Will Compton at wcompton@epkbenefits.com

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Topics Covered:

The “Affordable Care Act”

How did we get here?

  • Historical look on health care trends and the environment

in which the Affordable Care Act was passed? Where are we going?

  • Specific pieces of legislation that will effect business
  • wners, families, and individuals.

What to expect in the future?

  • What are the trends to look for going forward
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  • Health Insurance is a relatively new idea: Rise of Employer Sponsored

Coverage started off slowly shortly after WWII…………..Yet by 2010 – 60%

  • f employers were offering Health Insurance.

Over time……

  • Almost 50 million Americans did not have health insurance in 2010 ‐

16.3% of the population.

  • Yet 21% of GDP is spent on Medicaid, Medicare, and CHIP (Children’s

Health Insurance Program)

  • Recent Gallup in March 2013 polled Small businesses who said that

healthcare costs are the No. 1 factor hurting their operating environment,

  • “54% of small businesses said healthcare costs are hurting the business

environment "a lot" —Taxes on small businesses came in just behind, at 53%”

How did we get here?

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Increases in Health Insurance Premiums, Workers’ Contributions to Premiums, Inflation, and Workers’ Earnings, 1999‐2012

38% 109%

172%

38% 113%

180%

11% 29% 47% 8% 24% 38%

0% 20% 40% 60% 80% 100% 120% 140% 160% 180% 200% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Health I nsurance Premiums Workers' Contribution to Premiums Workers' Earnings Overall I nflation

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  • President signed Patient Protection and Affordable Care Act on March

23, 2010. (2,400 pages long)

  • Makes significant changes affecting the regulation of and payment for

many types of private health insurance – many insurance market reforms

  • Will require almost all private sector employers to evaluate the health

benefits they currently offer and consider whether they are compliant

  • For those without access to employer coverage, new individual

mandate to purchase and maintain minimum coverage

Where are we going?

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Lets take a step back…….

  • When national health care policy is debated, we jump right to the issue of

who should pay the bills….………Yet we seem to blow right past the logical question of why exactly the bills are so high in the first place?

  • Health insurance has become a “commodity” purchase where consumers

want everything paid for and have arguably lost perspective on what the true costs of health care really are.

  • The Affordable Care Act arguably does very little to address those concerns.
  • Thankfully WA State has had a robust and competitive Association Plan

Market for over 20 years – Such as the: MBA Health Insurance Program

  • Over 600,000 people are currently getting their health insurance through an

association plan in the state of WA.

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SLIDE 8

Washington State

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Medic al Insur anc e Pr emiums by State - Small Gr

  • up Mar

ket

Washington Avg. R ate Washington R anking High L

  • w

All small gr

  • ups

1-100

$332.00

5th lowest

$565.00 $302.00 25-50 employees $330.00 4th lowest $565.00 $265.00 11-25 employees $327.00 4th lowest $577.00 $295.00

10 or less employees

$341.00

2nd lowest

$579.00 $332.00

Washington has one of the lowest average health insurance rates in the country. in part to the presence of Association Health Plans her in Washington State

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Reform Topics Covered

The Affordable Care Act begins with the…..

Individual Mandate

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  • Beginning in 2014, if you are uninsured, not exempt from the new mandate, and refuse to sign

up for health care coverage the health care law sets out a formula to determine your penalty, which will be assessed and collected by the IRS as part of your federal income taxes.

  • The penalty will be the greater of:

1) A flat dollar amount per person. Flat dollar amount for individuals: $95 in 2014; $325 in 2015; and $695 in 2016; increases indexed to inflation after that, subject to a cap. OR 2) A percentage of your taxable income fixed percentage of household income in excess of tax filing threshold equal 1% in 2014; 2% in 2015; 2.5% in 2016.

(Percentage of taxable income is capped at 300% of flat dollar amount)

  • For dependents under 18, the penalty is half the individual amount.

Individual Mandate

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  • Example:
  • Sue and Bob are married and have two children, ages 7 and 9. They are

applicable individuals and they do not have health insurance for the 2014 tax year. Their combined household income is $65,000.

  • Their penalty under the flat dollar amount would be $285 ($95 for Sue,

$95 for Bob, and $47.50 for each child)

  • Their penalty under the percentage of income method would be $650

($65,000 X 1%)

  • Their total penalty would be the greater of the two and therefore $650.

Individual Mandate

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Individual exemptions: Who will be exempt from the mandate?

Individuals who:

1.

Have a religious exemption,

2.

Incarcerated individuals.

3.

Cannot afford coverage based on formulas contained in the law, or have income below the federal income tax filing threshold, (2010 thresholds for taxpayers under age 65 was $9,350 and couples was $18,700)

4.

Are members of Indian tribes,

5.

Were uninsured for short coverage gaps of less than three months;

6.

Are residing outside of the United States

Individual Mandate

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Employer Mandate “Pay or Play”

Reform Topics Covered

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Employer “Mandate”

Who is subject to the employer mandate requirement?

An employer who has on average of 50 or more Full‐Time Employees on business days in the prior calendar year:

O Note that both Full Time and Part Time employees count toward the total O Full Time employee = Average of at least 30 hours per week or 130 hours of

service in a calendar month which is equivalent to 30 hours per week.

  • Hours worked by Part Time employees are counted toward the total

O An employer must aggregate hours worked by Part Time employees in a

month / 120 = number of full time equivalent employees.

O These full time equivalent employees are used to calculate if you are over or

under 50

O Exception for seasonal employees if: O Workforce exceeds 50 FT employees for 120 days or fewer in a year and

employees in excess of 50 employed in that period were seasonal workers.

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Employer “Mandate”

 Provide coverage  Provide “minimum value” that is deemed “Affordable

Coverage” – defined by no more than 9.5% of employee income. Beginning Jan 1st 2014 – Employers with

50 or more Full Time Employees will be required to:

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Employer “Mandate”

If an employer fails to offer coverage:

‐ If an applicable large employer fails to offer all FT employees (and

dependents) the opportunity to enroll in “eligible employer sponsored plan” for any month…..

‐ ……and just one FT employee is certified (by the exchange) to

employer has having enrolled in subsidized coverage for that month:

‐ Monthly penalty = $2,000 X # of FT employees minus the first 30 / 12

(calculated monthly at $166.67)

Note penalties are not tax deductible

How the Penalties are calculated :

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Employer “Mandate”

If an employers fails to offer “minimum essential coverage”

  • r coverage that is deemed “unaffordable”

‐ If an applicable large employer fails to offer all full time employees

coverage that is both affordable and meet minimum requirements

‐ Monthly penalty = $3,000 X # of FT employees who apply for an

receive subsidized coverage through the exchange / 12 (calculated monthly at $250.00)

‐ Note penalties are not tax deductible

How the Penalties are calculated :

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Employer “Mandate”

What is Minimum Value?

O Plan’s share of total allowed costs is at least 60%. O This is an actuarial value of the plan’s cost‐sharing

Note that new annual HRA contributions can count towards determining minimum value.

What is Affordability?

O Plan is deemed unaffordable if employee cost for self‐only coverage for the

least expensive plan is greater than 9.5% of household income for tax year.

O However note that since employer is unaware of household income in most

cases, employee W‐2 earnings can be used instead.

O An employer is only obligated to offer the chance for dependents to enroll in

coverage, not pay for the dependent coverage.

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Employer “Mandate”

An employer fails to offer coverage:

Example: Company has 100 FT employees and does not offer an eligible employer‐ sponsored plan:

O If one FT employee enrolls in subsidized coverage during the year:

Annual penalty = $2,000 X (100‐30) = $140,000. Example: Company has 20 FT employees and 60 FTE equivalent employees.

O Treated as having 50 FT employees and thus subject to the rules O If one FT employee enrolls in subsidized coverage for year: O Annual penalty = $2,000 (20‐30) = $0 O Note that the FTE (full time equivalent employees do not count towards penalty)

Examples:

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Employer “Mandate”

Will Employers Drop Coverage or not??

O Most large employers are already covering all requirements for minimum

value coverage as well as affordability and will likely be business as usual.

O However will larger employers drop coverage and pay penalty?

Reasons they may not –

  • 1. Penalties are not deductible
  • 2. Lose tax advantages of providing coverage – FICA tax savings, tax

deductions for plan costs.

  • 3. Increase salary for employees
  • 4. Employees may end up using after tax dollars to pay for coverage
  • 5. Company Culture may be effected, impact on productivity, etc.

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Exchanges

Reform Topics Covered

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  • Think Expedia – online market place to purchase health insurance
  • Affordable Care Act requires that each State create an Exchange to facilitate

the sale of qualified benefit plans to individuals.

  • If states choose to not create an exchange, the Federal Government is

required to do it for them.

1.

Roughly 30 States have indicated they will not create state based exchanges and have some sort of Federal / State gov’t co‐operation.

  • Insurance carriers must decide whether or not they want to participate.

However, they will only be allowed to sell individual and small groups plans in the outside market, if they sale the same plans in the State Based Exchanges.

  • All insurance carriers will offer a metallic system of plans.

1.

Bronze (60% plan)

2.

Silver (70% plan)

3.

Gold (80% plan)

4.

Platinum (90%)

Exchanges

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The State based exchanges are tasked with:

  • Determining whether an individuals meets income requirements and is

eligible for coverage through the exchange.

  • Determining whether their employer coverage is “unaffordable.”
  • Get certification of exemption from the individual coverage requirement so

that no penalty will apply.

  • Communicating with employers to determine the level of coverage they
  • ffer their employees and whether their employees qualify for subsidies.
  • Assist with enrollment and questions applicants may have
  • Determine tax credits and cost‐sharing reductions if they apply.

Exchanges

What Exactly will the Exchange do:

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Subsidies – part 1

  • Tax Credits or Subsidies are premium assistance provided to individuals to

purchase insurance through the state based exchanges.

  • They are available for those that fall within 100%‐400% of the Federal

poverty level.

  • Tax Subsidies are only available for those individuals who qualify and

purchase coverage through the new state based exchanges:

  • The tax subsidies / credits are to go directly from the Dept. of Treasury to

the carriers. The tax credit is not meant to go to the individual at any time,

  • nly to the carriers.
  • The Congressional Budget Office (CBO) estimates the direct cost of

premium and cost‐sharing subsidies to be $500 billion from 2010 to 2019, and $8 billion in indirect costs.

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What is a Subsidy / Tax Credit?

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Subsidies – part 2

1) Income Level.

26 Income Level of F PL Premium as a Percent of Income Up to 133% 2% of income 133% to 150% 3% - 4% of income 150% to 200% 4% - 6.3% of income 200% to 250% 6.3% - 8.05% of income 250% to 300% 8.05 - 9.5% of income 300% to 400% 9.5% of income

How are Subsidies calculated?

If your income level is here: The maximum you can be required to spend on your individual health insurance is here:

FEDERAL POVERTY LEVEL CALCULATIONS Poverty level 400% of poverty level Persons in Family 1 $10,830 $43,320 2 $14,570 $58,280 3 $18,310 $73,240 4 $22,050 $88,200 5 $25,790 $103,160 6 $29,530 $118,120 7 $33,270 $133,080 8 $37,010 $148,040 For Families w/ more than 8 people, add $3,740 for each additional person

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Exchanges – Questions that remain

  • 1) Money ‐ Will there be enough money to continue to provide these

premium assistance / cost sharing subsidies??

  • Without the subsidies, it is very likely that the plans found in the exchanges will be

“unaffordable”

  • 2) Simplicity ‐ The gov’t draft application was just released in March 2013 –
  • Paper version is 15 pages for a three‐person family. ‐ Online version has 21 steps
  • At least three major federal agencies, including the IRS, will scrutinize your application.
  • Checking your identity, income and citizenship is supposed to happen in real time
  • That's just to let you know if you qualify for financial help.
  • Once you're finished with the money part, actually picking a health plan will require

additional steps, plus a basic understanding of insurance jargon. And it's a mandate, not a suggestion.

  • 3) What will the plans / pricing look like: Expectations for what the plans look

like, how much they cost, what insurance carriers are going to participate are expected in early to late summer of 2013.

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  • Other Provisions to

watch for:

Reform Topics Covered

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Dependent Coverage to age 26

Plans that provide coverage for dependents are required to extend the coverage of dependents (adult children) to age 26, regardless of their eligibility for other insurance coverage, effective Sept. 23, 2010. Your children can join or remain on your plan even if they are:

  • married
  • not living with you
  • attending school
  • not financially dependent on you
  • eligible to enroll in their employer’s plan (starting in 2014)

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Pre Existing Conditions:

  • Beginning Sept. 23, 2010, group health plans cannot exclude enrollees

(employees, spouses or dependents) under age 19 based on pre‐ existing conditions.

  • For other plans, all pre‐existing condition exclusions must be removed

beginning in 2014.

  • Grandfathered group health plans receive no special protection and

must comply once the provision becomes effective with respect to the

  • plan. These rules apply equally to collectively bargained and non‐

collectively bargained plans.

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Probationary Periods

  • Starting in 2014, no employer sponsored plan can make an

eligible, full time, employee wait more than 90 days before they become eligible for coverage.

  • The interpretation of the law is that this is exactly 90 days

and not the beginning of the month following 90 days as it common in many current plans.

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W2 Reporting Requirements:

  • Employers required to file 250 or more W‐2 forms will be responsible for reporting to

employees the total cost of their group health benefit plan coverage on their W‐2 forms under the Patient Protection and Affordable Care Act (the Act) effective with the 2012 W‐2 forms distributed to employees in January 2013. For All other companies who provide employer coverage…. Beginning in 2014……

  • The value of the health care coverage will be need to be reported in Box 12 of the

Form W‐2, with Code DD to identify the amount.

  • In general, the amount reported should include both the portion paid by the

employer and the portion paid by the employee.

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Medical Loss Ratios:

The medical loss ratio (MLR) = How much of every premium dollar is spent on medical expenses.

  • Under the new regulations, the MLR requirement for large group is

85% and the requirement for small group is 80%.

  • This means that for the individual and small group markets (<50

employees), insurers must spend at least 80% of premium dollars on claims and activities to improve health care quality whereas large groups insurers (>50 employees) must spend 85%.

  • If they fail to meet these standards, the insurance companies will be

required to provide a rebate to their customers starting in 2012.

  • Rebates are sent directly to individuals or enrollee, not employers.

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Essential health benefits must include items and services within at least the following 10 categories:

  • Ambulatory patient services
  • Emergency services
  • Hospitalization
  • Maternity and newborn care
  • Mental health and substance use disorder services, including behavioral health

treatment

  • Prescription drugs
  • Rehabilitative and habilitative services and devices
  • Laboratory services
  • Preventive and wellness services and chronic disease management, and
  • Pediatric services, including oral and vision care

1. Essential benefit requirements apply to individual and small group plans sold within and outside the new online, state‐ based exchanges scheduled to launch in 2014. 34

Essential Benefits:

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Individual Tax Implications

  • Medicare Tax Increase – Implemented in 2013
  • The Act increases the employee portion of the Medicare tax (currently 1.45% of

wages) by an additional 0.9% on wages exceeding a threshold amount.

  • The threshold amount is $250,000 for married couples filing a joint return; $125,000

for married individuals filing separately; and $200,000 for single filers.

  • The employer must withhold the additional tax on the portion of an employee’s

wages received from the employer that exceeds $200,000, without regard to the amount of wages received by the employee’s spouse.

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First $200,000 ($250,000 Married) Employer/Employee All Remaining Wages Employer/Employee Current Law 1.45%/1.45% 2.9% self‐employed 1.45%/1.45% 2.9% self‐employed Obamacare Tax Hike 1.45%/1.45% 2.9% self‐employed 1.45%/2.35% 3.8% self‐employed

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Lesser Known Facts:

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Support for wellness programs at work As of 2014, participants in wellness programs generally can get discounts or rewards from their employers of up to 30% of the cost of their health care premiums (currently, the maximum discount is 20%). That reward can go up to 50% if the secretaries of Labor, Health and Human Services and the Treasury deem it appropriate. Smokers can be charged more As of 2014, employers can charge smokers up to 50% more than non smokers for their health insurance.

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  • What to expect in the future

What to expect in the future

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Greater ownership of your health care: A shift in how Americans view health insurance….This due to….

  • Rising deductibles from employers to control costs
  • More “skin in the game” for employees
  • Sticker shock when purchasing coverage by individuals in the

exchanges or open market

  • Rise in HSA – Health Savings Accounts
  • Wellness discounts / Non Smoking Discounts

Choice: limited choices in the market. A few examples include:

1.

Public Exchange

2.

Industry Based Association Plans

3.

Direct with the Carriers.

What to expect in the future?

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  • What Makes the MBA Health Insurance Program unique under Health

Care Reform?

1.

A clear, defined, and approved association that will be around for many years to come:

2.

“Large Group” status:

3.

Benefit Design Flexibility:

4.

Strength in numbers when negotiating pricing

5.

Licensed, dedicated professionals who understand the industry and work only for our members.

What to expect in the future?

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Capital Benefit Services / EPK Benefits 800‐545‐7011 www.capitalbenefitservices.com www.epkbenefits.com Will Compton 800‐545‐7011 x 6 wcompton@epkbenefits.com