Select Page
2017 Election Results and ACA

2017 Election Results and ACA

2017 Election Results and ACA

The 2017 Election Results and ACA  is a hot topic creating buzz. With the outcome of the 2016 elections now official, the Republicans will hold the majority in both chambers of Congress and control of the White House beginning in 2017.  Our posting   CLINTON VS TRUMP ON HEALTHCARE was a general summary of their differences on Healthcare.

Since President-elect Trump ran on a platform of “Replace and Repeal” of the Affordable Care Act (ACA), we anticipate that acting on this campaign promise will be one of the top priorities of the new Trump administration. We anticipate there will be significant disruption for individuals, employers, brokers and carriers across the country.

Republicans will likely need to use the process of Budget Reconciliation to pass legislation through the Senate, given the party did not secure enough seats to control a filibuster-proof supermajority. In other words, the legislation can pass in the Senate with a simple majority vote and not a super majority (which requires 60 votes).  Reconciliation can be used to take away some, but not all, of the ACA.  It is anticipated that certain provisions of the ACA would be targeted such as Medicaid expansion, the availability of subsidies and premium tax credits in the Marketplace, and the employer and individual mandate.  It cannot be used to remove non-budgetary provisions (for example, insurance mandates like “to age 26”).  In addition, it is conceivable that a Trump administration may simply direct various federal agencies (such as the Department of Labor) to not enforce certain ACA provisions.

The Republicans have not laid out a specific plan on what will replace the ACA. Generally, the party has supported the existing employer-based system (with some party members calling for limits on the tax exclusion). Based on published white papers on the President-elect Trump’s website, other aspects of a healthcare overhaul plan may include:

  • Tax credits for purchasing individual health insurance;
  • Expansion of Health Savings Accounts and HighDeductible Health Plans;
  • Continuation of the prohibition on pre-existing condition exclusions from health insurance;
  • High risk pools;washington-dc
  • Interstate sales of insurance; andMedical malpractice reform.

The process to repeal and replace the ACA will take time and nothing will happen between now and the New Year. Open enrollment is currently underway in the Marketplaces across the country and it is expected that individual policies (and subsidies for lower and middle-income individuals) will be available to enrollees as of January 1, 2017. What is unknown is whether the Trump administration and subsequent legislation will affect the Marketplace and subsidies in mid-2017 or instead phase out this coverage after the 2017 calendar year.

  • The employer mandate (for applicable large employers);
  • Form 1094-C and 1095-C reporting for CalendarYear 2016;
  • Any ACA taxes and fees for self-funded plans to pay directly (such as reinsurance fees); and
  • Plan design changes applicable to plan years thatbegin on or after January 1, 2017.

In addition, all other federal law mandates impacting employer health and welfare plans such as ERISA,HIPAA, COBRA, Code Section 125, the Mental Health Parity and Addiction Equity Act, and the Service Contract Act / Davis Bacon and Related Acts are still good law. There has been no indication that these non-ACA laws are targeted for repeal or replacement.

Stay tuned for updates as more information gets released.   Sign up for latest news updates.  Please contact our team on your 2017 health plan renewal at Millennium Medical Solutions Corp (855)667-4621 for immediate answers.

FINAL 2017 Marketplace Guidance

FINAL 2017 Marketplace Guidance

2017 Healthcare Costs

Final 2017 Marketplace Guidance

Health and Human Services had released earlier this year the final version of its 2017 Notice of Benefit and Payment Parameters.  Under the Affordable Care Act (ACA) this is issued annually. While the guidance is mostly relate dot the individual marketplace itt does, however, include several items relevant to employers and group health plans, specifically:

  • Annual limits for cost sharing (out-of-pocket limits)
  • Marketplace eligibility notifications to employers
  • Marketplace annual open enrollment period
  • Small Business Health Options (SHOP) Exchange

On Exchnage Maximum Household Income for Subsidy

Your decision on which will depend on your Household Income and the number of people in your household applying for coverage. In the chart below, if your HOUSEHOLD income (include all members or your tax household regardless of if they are applying for coverage or not) is below the limit shown based on the number in your household applying for coverage, then it is better for you to apply via your state marketplace such as the NY State of Health.

# of Household Members Applying for Coverage Maximum Household Income for Subsidy
1 $48,240
2 $64,960
3 $81,680
4 $98,400
Each Add’l. Household Member $16,720

MEDICAID EXPANSION: For those with incomes less than 200% of the Federal Poverty level you should also enroll via NYSOH as you might qualify for the United Healthcare Essential Plan.

ENROLLING ON NY STATE OF HEALTH

To enroll via NYSOH and have us as your broker use this link for instructions

Alternatively, If you earn too much to qualify for a subsidy we will enroll you OFF EXCHANGE. The application forms can be found using the Oscar link above. Download the FULL ENROLLMENT KIT and complete the necessary forms to send to us for processing.

2018 NY State of Health Open Enrollment Runs from 11/1/17 – 1/31/18. Special enrollment period runs throughout the rest of the year for qualifying events.

ANNUAL LIMITS FOR COST SHARING:

The annual out of pocket limits for plan years beginning on or after January 1, 2017 are $7,150 for individual coverage and $14,300 for family coverage.  These cost sharing limits apply to in-network essential health benefits offered under non-grandfathered health plans, both fully and self-insured.  Annual deductibles, in-network co-insurance and other types of in-network cost sharing accumulate toward the out-of-pocket limit, including prescription drug copayments.  Not included are premium payments, out-of-network cost sharing and spending on non-essential health benefits.

MARKETPLACE ELIGIBILITY NOTIFICATIONS TO EMPLOYERS:

Beginning in 2017, the Marketplace will notify an employer as soon as possible when one of its employee’s first enrolls in subsidized Marketplace coverage.  Since some employers may be liable for a penalty under the ACA’s employer mandate when an employee qualifies for a subsidized Marketplace coverage, this change to a more proactive notification process will hopefully provide employers with the opportunity to work with CMS in cases where an improper subsidy has been provided.

MARKETPLACE ANNUAL OPEN ENROLLMENT PERIOD:

Open Enrollment in the Health Insurance Marketplace, Healthcare.gov, for 2017 and 2018 will take place from November 1, 2016 through January 31, 2017 and November 1, 2017 through January 31, 2018, respectively.

SMALL BUSINESS HEALTH OPTIONS (SHOP) EXCHANGE:

Beginning in 2017, small employers electing coverage in the SHOP Exchange will have the option of “vertical choice,” offering plans across all metal levels (platinum, gold, silver and bronze) from one insurer. States who opt out of the vertical choice option will continue to offer employers the choice of selecting health plans that are available at one single metal level of coverage.

Stay proactive and contact us today for a custmozied consult on how your organization can prepare  ahead  for ACA, Benefits, Payroll and HR  @ (855) 667-4621 or info@medicalsolutionscorp.com.

FORM 1095-C FAQ

FORM 1095-C FAQ

Form 1095-C FAQ1095-C FAQ ALE

ALE Reporting:

This list of FAQs has been compiled from common questions posed by clients regarding reporting obligations on  Form 1095-C. For purposes of these FAQs:

  • An applicable large employer (ALE) means an employer who employed on average at least 50 full-time employees (including full-time equivalent employees) in the preceding calendar year.
  • An ACA FTE is an employee of the ALE who had on average at least 30 hours of service a week (or 130 hours of service a month) as determined under the applicable measurement method (i.e., monthly or look-back).
  • Minimum essential coverage (MEC) means employer-sponsored group health plan coverage unless otherwise noted. Minimum value (MV) means a plan that pays at least 60% of the total benefits.
  • Calendar year (CY) means January 1 – December 31 and generally refers to CY 2015, unless otherwise noted.

1. An ALE sponsors an insured group health plan. Coverage is offered to employees who work at least 20 hours per week. Who receives a Form 1095-C?

The ALE provides a Form 1095-C to any individual who is an ACA FTE for at least one month of the calendar year.

Each ACA FTE must receive a 1095-C that describes the offer (or no offer) of coverage made for each month of the calendar year. The ALE completes Parts I and II of the Form 1095-C (and not Part III). The health insurance carrier issues a Form 1095-B to the covered individual (including any family members) that provides information on MEC.

Individuals who are not ACA FTEs for any month of the CY (e.g., part-time employees who average 20 hours of service a week throughout the calendar year) do not receive a Form 1095-C. If the individuals are enrolled in MEC through the group health plan, the carrier will issue a 1095-B.

2. Does the answer in Q/A-1 change if the group health plan is self-insured?

Yes.

If the plan is self-insured, then:

a.The ALE provides any individual who is an ACA FTE for at least on month of the CY with a Form 1095-C and completes Parts I and II. This describes the offer (or no offer) of coverage made for each month of the CY.If the ACA FTE is covered under the ALE’s self-insured group health plan for at least one month of the CY, then the ALE completes Part III of Form 1095-C to reflect the months of coverage (including coverage of family members).

b.In addition, any individual who is the primary insured for one month of the calendar year will receive a Form 1095-C that reflects the coverage of the primary insured and family members. This may include:

  • Employees who are not ACA FTEs (e.g., a 20 hour/week part-time employee who takes the self-insured health plan coverage).
  • A COBRA qualified beneficiary who has COBRA through the self-insured plan and is a former employee of the ALE that was not employed during the applicable calendar year.
  • A retiree of the ALE who receives coverage through the self-insured health plan even though he was not employed by the ALE during the calendar year.
  • A divorced spouse who receives coverage through COBRA under the self-insured health plan even though he was never an employee of the ALE.
  • A child who receives coverage through COBRA under the self-insured health plan of the ALE due to aging out of the health plan even though she was never an employee of the ALE.

    The Road to ACA Tax Compliance

    IRS Extends 1094 and 1095 Deadlines to March 31, 2016 and May 31, 2016 respectively.

Important to note:

  • No Form 1095-C is provided to individuals who are not ACA FTEs and do not have coverage for any month of the CY through the self-insured plan (e.g., a part-time employee who declined the ALE’s offer of coverage does not receive a Form 1095-C).
  • If the ACA FTE declines the offer of self-insured coverage, the ALE still must provide him with a Form 1095-C which reflects:
    • the offer of coverage (e.g., 1E in line 14);
    • the cost for self-only coverage in the lowest cost MV plan (line 15); and
    • any safe harbor code that applies (e.g., 2H for the rate of pay safe harbor).

3. How do you report for the individuals described in (b) of Q/A-2?

Non-ACA FTEs who have coverage through an ALE’s self-insured plan must receive information regarding the months of the CY for which they had MEC. The easiest way to report on these individuals is to use Form 1095-C because ALEs are already using this Form to report on all ACA FTEs. In the case of the individuals described in section (b):

  • Complete Part I.
  • In Part II, use Code 1G in line 14 and do not complete lines 15 or 16.
  • In Part III, list the primary insured and any covered family members (including SSN or DOB). Then check the boxes to reflect the months of the CY that the individual(s) has MEC through the self-insured plan.Alternatively, an ALE may use Form 1095-B to report MEC to covered individuals and then use Form 1094-B in the IRS submission process. This may create additional work as the “B” Forms are different from the “C” Forms that the ALE must complete. For consistency and administrative ease, many self-insured ALEs are meeting their reporting obligations through the “C” Forms.

4. An ALE uses the look-back measurement method to determine its ACA FTEs. The ALE hires summer seasonal employees each year and uses a 12-month Initial Measurement Period (IMP) to determine if these new hire seasonal employees are ACA FTEs. While they work 40 hours a week during the season, after 4 months employment terminates and these individuals are not hired back for another 8 months (if at all). These individuals are not eligible for health insurance. Is the ALE required to provide them with a Form 1095-C?

No.

A “limited non-assessment period” is a waiting period, including an IMP and initial administrative period (IAP). An ALE does not need to file a Form 1095-C for an individual who, for each month of the calendar year, is in a limited non-assessment waiting period. So in this specific example, no 1095-C is required with respect to these seasonal employees because they:

1. are in a limited non-assessment period (the IMP), and
2.are not covered by the ALE’s self-insured health plan for any month of the calendar year.

The result is the same if these individuals were new hire part-time employees and at the end of the IMP were identified as non-ACA FTEs and were not offered health insurance coverage.

Important to note:

1. If, at the end of the IMP (and IAP) the employee is identified as an ACA FTE, then reporting on Form 1095-C would be required for the entire calendar year that includes the end of the IMP

2.Use 1H (line 14) and 2D (line 16) for each month during the calendar year the individual was in a limited non- assessment period.

3.Once the IMP (and IAP) is over and the individual earns ACA FTE status in the CY, then use:

  • In line 14: 1A, 1E or 1H (offer of coverage codes); and
  • In line 16:
    • 2C if the individual has coverage under the plan; or
    • the applicable safe harbor code if affordable coverage was offered and the employee declined(2F, 2G or 2H), or
    • if code 1H is used or the offer of coverage is unaffordable, leave line 16 blank.
  • See Q/A-13 for a similar example.

5. ALE has union workers who are ACA FTEs. The ALE is required by a collective bargaining agreement to make contributions for the union employees to a multiemployer plan. The multiemployer plan offers affordable and MV health coverage to the union employees and their children to age 26. Who is responsible for providing Form 1095-C and what codes are used in this situation?

The ALE has the obligation to furnish Form 1095-C to its identified union ACA FTEs.

Even though the ALE does not directly provide the health insurance coverage to the union employee, the ALE
is treated as offering MEC to an employee if the ALE is required by a collective bargaining agreement or related participation agreement to make contributions for that employee to a multiemployer plan that offers, to individuals who satisfy the plan’s eligibility conditions, health coverage that is affordable and provides MV, and that also offers health coverage to those individuals’ dependents (multiemployer arrangement interim guidance).

For reporting offers of coverage for CY 2015, an ALE should enter code 1H on line 14 for any month for which the ALE enters code 2E on line 16 (indicating that the ALE was required to contribute to a multi-employer plan on behalf of the employee for that month and therefore is eligible for multiemployer interim rule relief). For this purpose the ALE only completes Parts I and II.

 

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number):

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1H

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2E

The multiemployer plan is required to issue a Form 1095-B to any covered union employee reflecting the union’s MEC during the CY.

6. An ALE offers MEC that provides MV and is affordable. What affordability safe harbor is used and how is it illustrated on Form 1095-C?

There are three affordability safe harbors:

W-2 safe harbor (Code 2F): Coverage is affordable if the employee’s required annual contribution for self-only coverage in the lowest cost MV plan does not exceed 9.56% of Box 1 W-2 wages (does not include any elective deferrals to a 401(k), 403(b) or cafeteria plan).

Federal Poverty Level (FPL) safe harbor (Code 2G): Coverage is affordable if the employee’s required monthly contribution for self-only coverage in the lowest cost MV plan does not exceed 9.56% of the monthly income for a single individual at 100% of FPL. For 2015, this amount is $93.77 in the 48 contiguous states. For 2016, 9.56% increases to 9.66% ($95.63 for FPL safe harbor).

• Rate of Pay safe harbor (Code 2H): Coverage is affordable if the employee’s required monthly contribution for self- only coverage in the lowest cost MV plan does not exceed:

  • for hourly employees, 9.56% of the employee’s hourly rate multiplied by 130 hours, or
  • for salaried employees, 9.56% of the employee’s monthly salary.

Generally, these safe harbors are used in Line 16 when the ALE offers ACA FTEs affordable (under one of the safe harbors) MV coverage and the employee declines the coverage. This demonstrates to the IRS that the ALE should not be penalized with respect to this employee as he received an offer of MV/affordable coverage in accordance with the employer mandate.

If the employee takes coverage under the affordable/MV plan, Code 2C is used in line 16 (as opposed to the applicable safe harbor).

If the ALE did not use a safe harbor or coverage is unaffordable, line 16 is left blank.

  1. An ALE sponsors a fully-insured group health plan for the first six months of CY 2015. In July, the ALE changed to a self-insured group health plan. Should the ALE complete two Forms 1095-C to reflect the funding change?   No.
    The ALE may only complete one Form 1095-C for each employee. The plan changes will be reflected on the same form.Generally, if the plan is insured, the ALE is not required to complete Part III of Form 1095-C. Given the mid-CY change in funding structure, the ALE will need to complete Part III for the months of the CY the plan was self-insured.
  2. An ALE offers MEC that provides MV and is affordable to 100% of its ACA FTEs. For 2015, the cost of employee’s share for self-only coverage is $100/month. Can the ALE select 1A (Qualifying Offer) for line 14 on Form 1095-C?No.
    An ALE may only select 1A (Qualifying Offer) if all of the following apply:
    • The offer is made for all 12 months of the CY;
    • The employee contribution for self-only coverage that meets MV does not exceed $93.77/month (2015); and • There is an offer of MEC to a spouse and dependents, if applicable.In this example, the employee’s contribution for self-only coverage in the lowest cost MV plan exceeds $93.77, so the ALE would not select 1A (Qualifying Offer). Instead, the ALE would select 1E and complete line 15 reflecting the $100/ month contribution for self-only coverage.
  3. An ALE sponsors a group health plan. An ACA FTE had coverage under the plan and then terminated employment during the CY. What codes are used in lines 14 and 16 for the months following the qualified event? Because COBRA continuation of coverage was offered due to termination of employment, the ALE uses code 1H in line 14 and code 2A in line 16, regardless of whether the employee elected COBRA.If the group health plan is self-insured and the employee (or family member) elects COBRA continuation of coverage, the months of coverage (both active and COBRA) must be reflected in Part III.
  4. An ALE sponsors a MV group health plan that is affordable under a safe harbor. An employee earned ACA FTE status during the standard measurement period (SMP) for the entire stability period (SP). The employee elects coverage under the plan. The employee’s hours were reduced during the SP. Under the terms of the group health plan, eligibility for group health plan coverage is lost when hours drop below 130/month in the SP. Therefore, the individual has a COBRA qualified event (a reduction in hours) with a loss of eligibility for group health plan coverage. How is this illustrated in Part II of Form 1095-C?  If an ALE offers COBRA due to a reduction in hours, then the ALE will use the following Codes:
  • Line 14 – use the 1 Code that corresponds with the offer made (this is likely Code 1E as COBRA qualifies as an offer of MEC)
  • Line 15 – use the cost the individual has to pay for self-only coverage (likely the full COBRA premium for self-only coverage)
  • Line 16:

• If enrolled in COBRA, use code 2C

This document is designed to highlight various employee benefit matters of general interest to our readers. It is not intended to interpret laws or regulations, or to address specific client situations.You should not act or rely on any information contained herein without seeking the advice of an attorney or tax professional.

• If COBRA is not elected, line 16 is left blank unless the ALE can use an affordability safe harbor (codes 2F, 2G, or 2H). However, because most ALEs charge the full COBRA premium to COBRA beneficiaries the offer of COBRA is likely an offer of unaffordable coverage and Line 16 is left blank (as illustrated below).

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

$400

$400

$400

$400

$400

$400

$400

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2C

2C

2C

2C

2C

Important to note: In this scenario, the employee earned ACA FTE status through the end of the SP. If the employee declines the offer of unaffordable coverage (COBRA) and receives a subsidy in the Marketplace, this ALE will be penalized for each month that the ACA FTE has unaffordable coverage (the “B” penalty)

11. SamefactsasQ/A-10,buttheALE’seligibilitytermscontinuecoveragethroughtheSPeventhoughtherehas been a reduction in hours. The ALE’s cafeteria plan includes a permitted election change rule that allows the employee to drop coverage even though he did not lose coverage as a result of the reduction in hours. The employee elects to drop coverage and take coverage through his spouse’s health plan. How is this illustrated in Part II of Form 1095-C?

In this case, it is reported as follows:

• Line 14 – use the 1 Code that corresponds with the offer made (Code 1A or 1E)

• Line 15 – if using Code 1E then state the cost for self-only coverage in the lowest cost MV plan (likely the same code as before the individual had the reduction in hours)

• Line 16:
• Use the safe harbor code that applies (codes 2F, 2G, or 2H)

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2C

2C

2C

2C

2C

2G

2G

2G

2G

2G

2G

2G

 

In this scenario, a penalty would not apply because the ALE continues to offer the ACA FTE MV coverage that is affordable under the FPL safe harbor (2G) for the duration of the SP. If the employee went to the Marketplace to purchase coverage, he would not qualify for a subsidy as he has an affordable offer of ALE-provided health insurance through the end of the SP.

12. What codes are used to show a mid-month hire or a mid-month termination?

If an employee was hired mid-month, use code 1H on line 14 and code 2D on line 16. An employee was hired June 15 with coverage effective first of the month following date of hire and the employee elects coverage.

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1H

1H

1H

1H

1H

1H

1E

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2A

2A

2A

2A

2A

2D

2C

2C

2C

2C

2C

2C

In most cases, if an employee is terminated from an ALE mid-month, coverage continues through the end of the month (then COBRA is triggered with the loss of coverage). In this case, because the employee continues to receive the offer of coverage in this month, use:

• 1A or 1E in line 14

• In line 16 use either: 2C if the employee has coverage, or the applicable safe harbor code if no coverage, or leave blank if no safe harbor applies.

For example, assume the employee terminates employment May 15 and has coverage through May 31.

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1E

1E

1E

1E

1E

1H

1H

1H

1H

1H

1H

1H

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2C

2C

2C

2C

2C

2A

2A

2A

2A

2A

2A

2A

 

In the case where coverage is lost as of the date of termination and an employee is terminated mid-month, use code 1H on line 14 and code 2B in line 16. In this instance, code 1H is used because an offer is considered to be made if the employee was eligible for coverage every day of the month. If the employee is not eligible for even one day, an offer is not considered to have been made.

For example, assume the employee terminates employment May 15 and coverage is lost effective May 15.

13. An ALE offers MEC that is not a MV plan to employees and their dependents (also referred to as a “skinny plan”). What Codes are used?

An ALE will use code 1F on line 14 and will not complete line 15. If the employee has coverage through the “skinny plan,” use code 2C in line 16. If the employee declines coverage in the “skinny plan”, leave line 16 blank.

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1F

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

The ALE has made an offer of MEC which insulates the ALE from an “A” penalty. However, because it is not MV, the affordability safe harbors are not available. ALE has potential “B” penalty exposure if the individual declines the coverage and receives a subsidy in the Marketplace.

14. An ALE offers MEC that provides MV and is affordable under the FPL safe harbor. The ALE uses a look-back measurement period to determine ACA FTE status. A new hire variable hour employee is in his IMP from January to May of the CY and in an IAP in June and July. The ALE determines the employee earned ACA FTE status and the employee enrolls effective August 1, 2015. What codes are used for the year?

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1H

1H

1H

1H

1H

1H

1H

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2D

2D

2D

2D

2D

2D

2D

2C

2C

2C

2C

2C

This document is designed to highlight various employee benefit matters of general interest to our readers. It is not intended to interpret laws or regulations, or to address specific client situations.You should not act or rely on any information contained herein without seeking the advice of an attorney or tax professional.

15. Same facts as in Q/A-13, except this ongoing employee was measured as not an ACA FTE in prior SMP. Thus he was not eligible for health insurance coverage for August 1, 2014 – July 31, 2015. For the upcoming SMP and SP (that begins August 1, 2015) the individual becomes an ACA FTE and elects MV and is affordable under the FPL safe harbor. What codes are used for the year?

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 08

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1H

1H

1H

1H

1H

1H

1H

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2B

2B

2B

2B

2B

2B

2B

2C

2C

2C

2C

2C

16. An ACA FTE was offered health coverage and is enrolled from January to May. From June to August, the employee goes on approved leave under the Family Medical Leave Act (FMLA). From June to August the employee is enrolled in health coverage, what codes are used? Employee returns to employment after the leave.

The employee is coded in the same manner as the codes used from January to May. The fact that the employee was not actively working does not affect coverage coding unless the employee decided not to continue health coverage during FMLA leave.

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 01

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2C

If the employee elects to drop health insurance coverage during the period of FMLA leave, then line 16 will reflect any applicable affordability safe harbor (2G, 2F or 2H) or is left blank if a safe harbor does not apply.

 

Part II

Employer Offer and Coverage

Plan Start Month (Enter 2-digit number): 08

All 12 months

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

14 Offer of Coverage (enter required code)

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

1E

15 Employee Share of Lowest Cost Monthly Premium, for Self-Only Minimum Value Coverage

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

$50

16 Applicable Section 4980H Safe Harbor (enter code, if applicable)

2C

2C

2C

2C

2C

2G

2G

2G

2C

2C

2C

2C

17. Doself-employedindividualsreceiveaForm1095-C?

A self-employed individual includes a sole proprietor, a partner in a partnership, a 2% shareholder in an S-Corp and a member/owner of an LLC, who would be treated as a partner for tax purposes.

For an insured group health plan, these individuals are not ACA FTEs, because they are not considered employees of the ALE. As such, these individuals do not receive a Form 1095-C. ALEs should discuss the status of individuals who go from a common law employee (W-2) status to self-employed status mid-year as the implications may vary and additional reporting may be necessary If the self-employed individual is covered through the insured group health plan, then the insurance carrier will issue the individual a Form 1095-B to reflect MEC.

For a self-insured group health plan, if the individual is enrolled in coverage under the group health plan for at least one month of the calendar year, that individual receives a Form 1095-C for that calendar year, with code 1G on line 14. This reflects the individual’s MEC during the calendar year under the self-insured health plan. However, if a partner or 2% S-Corp shareholder declined coverage for the entire calendar year, then a Form 1095-C is not provided.

This document is designed to highlight various employee benefit matters of general interest to our readers. It is not intended to interpret laws or regulations, or to address specific client situations.You should not act or rely on any information contained herein without seeking the advice of an attorney or tax professional.

New Election New Obamacare?

New Election New Obamacare?

New Election New Obamacare?Political Disillusionment Cartoon

The people have spoken at least for now and they are saying they are unhappy. The storm clouds over Obmacare has ushered in GOP victories:  +7 Senate  + 13  House.  47% of those who cast ballots in the midterms said the 2010 health care law, which opened for enrollment a year ago, went too far. On the other hand, 26 percent said the law didn’t go far enough, CNN exit polls reported. Only 22 percent said Obamacare was just about right.

How will GOP use these powerful election gains on Obamacare?

GOP still will not have the needed 60 Senate Seats to repeal the Affordable Care Act. That said, they will now be able to pass budget rules on the legislation since the Courts ruled  individual mandate penalty as a “tax”. Reinsurance funds such as Risk corridors could also be on the chopping block.  Other examples would be the definition of “full-time” employee taxes on employer penalties (bipartisan support), medical devices & tanning salons etc.

According to Huffington Post article GOP-Controlled Congress Expected To Try To Repeal, Weaken ACA while Republicans have been “chomping at the bit to repeal Obamacare” since it was signed into law in 2010, even a GOP-controlled Congress is unlikely to undo the law. However, that won’t stop Republicans from forcing at least one vote on repeal. President Obama “would then swiftly veto it, but not before Democratic senators were forced to cast a vote very directly in support of Obamacare, which remains generally unpopular.” Additionally, the GOP might take aim at several provisions of the ACA, such as the individual mandate, the employer mandate, the Independent Payment Advisory Board, and the medical device tax. Some Senate Democrats would likely join them in eliminating or amending some of these measures.

A Democrat President governing with both Houses going GOP may not be so bad after all.  The successful Clinton Presidency had to contend with the same balancing act.  Two decades later, the key question is can both branches find a  common ground and a productive working relationship?

 

For specific details on all available health plans in 2015, contact our team at Millennium Medical Solutions Corp  (855)667-4621.  We work in coordination with Navigators to assist with medicaid, CHIP Child Health Plus, Family Health Plus and Medicare Dual Eligibles.   We have Spanish, Russian, and Hebrew speakers available.  Quotes can also be viewed on our site.

See Health Reform Resource

 

Health Exchange Marketplace Top Ten List

Health Exchange Marketplace Top Ten List

HIX TOP 10

Health Exchange Marketplace Top Ten List

The Health Exchange  also known as The Health Marketplace or Obamacare Exchanges are  set to open in less than 12 hours.  Are you ready or aye you like most asking What is an Exchange?  Starting Oct 1 you can enroll until March 31, 2014, though you’ll generally need to sign up by Dec. 15 of this year, to be covered as of Jan. 1. You can find your state’s marketplace at healthcare.gov.  The prices for the marketplace plans are likely to be similar to those sold privately. A plan that is also available on the exchange  may be eligible for subsidies.  Heres an easy top 10  list of what you need to know.

10. Locate your State Exchange

Look up your state’s exchange here  and Healthcare.gov.  Some states are running their own exchange, others are running it through the federal government see www.healthcare.gov.  For NY Tri-State the sites are:

NYS –  http://info.nystateofhealth.ny.gov       See rates here

NJ – https://www.healthcare.gov/how-do-i-choose-marketplace-insurance

CT – https://www.accesshealthct.com  See rates here

9. Individual Mandate Penalty

For 2014, the annual penalty is $95 or 1% of your income, whichever is greater. The penalty will increase over the first three years. Coverage can include employer-provided insurance, individual health insurance, Medicare or Medicaid.

Health Insurance Individual Penalty for Not Having Insurance
Pay the greater of the two amounts
Year Percentage of Income Set Dollar Amount
2014 1% $95 & $285/family max
2015 2% $325 & $975/family max
2016 2.5% $695 & $2,085/family max

8.  Individual Subsidies

Individuals who do not have affordable minimum essential coverage from their employer will be eligible for tax credit subsidies for their health insurance purchase on a state exchange if their income is below 400 percent of federal poverty level.

If you make under $45,960 or your family makes under $94,200, you could get a real break on health insurance costs More low-income people will also be eligible for free coverage under Medicaid For those eligible, the subsidies will cap the amount you pay for your exchange policy at between 2% and 9.5% of your income (on a sliding scale, based on your income). To find out how much you would pay, estimate your income for this year and plug it into any health subsidy calculator. You can also see estimate subsidies with these “health subsidy charts”.

7.  Small Business Subsidy – SHOP Exchange

A key change is that the small business health care tax credits will only be available ONLY through the SHOP Exchange marketplace in 2014. Small businesses with 25 or fewer employees who receive less than $50,000 a year in wages may be eligible for tax credits if they purchase the plan through the SHOP marketplace. These credits will cover up to 50% of the employer’s cost (35% for non-profits) for the first two years of coverage. Click here to read more about the small business health care tax credits.

6. Your income

not your assets, such as your house, stocks or retirement accounts – will count toward determining whether you can get tax credits. When you buy your plan, you estimate your income for next year, and your tax credit is based on that estimate. The next year, your tax returns will be checked by the IRS and compared against your estimate.

5.  Pre-Existing Conditions Eliminated

Your insurer generally can’t drop you, as long as you keep up with your insurance premiums and don’t lie on your application. Generally, people will be able to enroll in or change plans once a year during the annual open enrollment period. This first year, open enrollment on the exchanges will run for six months, from Oct. 1 through March of next year. But in subsequent years the time period will be shorter, running from October 15 to December 7.

4. Essential Health Benefits Covered

Each plan covers 10 “essential health benefits,” which include prescription drugs, emergency and hospital care, doctor visits, maternity and mental health services, rehabilitation and lab services, among others. In addition, recommended preventive services, such as mammograms, must be covered without any out-of-pocket costs to you.  More info here.

3. Ninety-Day Maximum Waiting Period

Group health plans and health insurance issuers may not impose waiting periods of more than ninety days before coverage becomes effective. This also applies to grandfathered plans.

2. Annual or Lifetime Limits

Group health plans, including grandfathered plans, may no longer include more than restricted annual or any lifetime dollar limits on essential health benefits for participants. Limits may exist in and after 2014 for non-essential benefits.

1. Not Everyone is Eligible

  • Immigrants who are in the country illegally will be barred from buying insurance on the exchanges.  However, legal immigrants are permitted to use the marketplaces and may qualify for subsidies if their income is no more than 400 percent of the federal poverty level (about $46,000 for an individual and $94,200 for a family of four).
  •  members of certain religious groups and Native American tribes
  • incarcerated individuals
  • people whose incomes are so low they don’t have to file taxes (currently $9,500 for individuals and $19,000 for married couples)

Conclusion:

There has been a lot of news about individual Obamacare provisions getting delayed – Obamacare Employer mandate Delayed. Some people may assume that means the health law is being slowly dismantled, or put off for an additional several years. .The Affordable Care Act is an extremely complicated law with a lot of moving parts, but ultimately, the biggest provisions are still moving forward. There will likely be more hiccups along the way. As the enrollment period opens for Obamacare’s new exchanges, industry experts predict there will probably be other issues that need to be ironed out — but that doesn’t mean the whole law is collapsing

Still confused?

Don’t be.  These are the common questions that we are working through with our clients daily.  Am I better off going SHOP Exchange vs. Individual  for my business?  Am I better off going off  Exchanges or onto Private Exchanges?  Whats my minimum employer contribution?  Do I have to cover employee and dependents? Is dental and vision included?  What happens to my Healthy NY when it shuts down Jan 1, 2014? What employer notices must I be posting?

Please contact our team at Millennium Medical Solutions Corp if you have additional questions regarding  how SHOP Exchanges and Individual Exchanges can benefit you     Stay tuned  to our site for updates as more information gets released.   Sign up for latest news updates.

Looking for Affordable Health Insurance? You can use this SINGLE PAGE form to get affordable health insurance quotes outside exchange and save money. If you are above 64 years, then use this link to Get FREE Medicare quotes from the most trusted carriers.

Resource:

Click Above
Click Above

Federal government health care site: www.healthcare.gov

Kaiser Health Reform Subsidy Calculator:http://healthreform.kff.org/subsidycalculator.aspx

[contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Website’ type=’url’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form]

 

 

 

Essential Health Benefits Not Delayed

Essential Health Benefits Not Delayed

health-reform-essential-benefits-package-resized-600.jpg

Essential Health Benefits

 

 

 Essential Health Benefits Not Delayed

 

The pre-July 4th news of Obamacare Employer Mandate Delayed until 2015 decision may have started early fireworks. The administration did not, however, delay the larger new requirements facing employers who choose to offer health insurance in the small group market––employers with less than 50 workers. The biggest requirement – Essential Health Benefits not delayed.

Whether the rationale was to alleviate business pressure to meet new mandates by Jan 2014 or the real fear that Employers have already begun making necessary employment hours cut backs to avoid the $2,000 penalty. A $3,000/employee penalty was also looming for Employers offering unaffordable insurance.

Keep in mind that this limited delay does not affect other provisions of the Affordable Care Act slated to go into effect in or before 2014, such as:

  • Individual mandate which requires most individuals to purchase insurance by January 1, 2014, or pay a tax penalty.
  • a 90-day maximum on eligibility waiting periods;
  • monetary caps on annual out-of-pocket maximums;
  • total elimination of lifetime and annual limits (including expiration of waivers that permitted certain “mini-med” plans and stand-alone Health Reimbursement Arrangements to stay in place through plan years beginning in 2013);
  • new wellness plan rules;
  • revised Summary of Benefits and Coverage templates;
  • Patient Centered Outcomes Research Institute (PCORI) excise taxes and transitional reinsurance program fees; HRA/HSA/FSA clients also pay a monthly $1/employee tax.
  • a notice informing employees of the availability of the new health insurance Exchanges (a model notice is available on the U. S. Department of Labor website); and insurance market reforms.

See NYS specific Essential Health Benefits chart.

The biggest impact is the Essential Health Benefits (EHB) which will not be delayed and this affects fully insured or ALL Small Businesses. While small employers are not required to offer coverage, if they do then they come under that large number of new essential health benefit mandates and group rating rules that won’t apply to large employers. These small group requirements are expected to increase the cost of small group coverage by an average of 15%––with wide variation by state and the average age of the group.

An employer sponsoring a Healthy NY or Brooklyn Healthworks Plan today for example would be disqualified as this does not carry all Essential Health Benefits. The very popular Healthy NY is slated to shut down for Jan 2014 and most Employers have just received this transition letter last week. Individual and Sole Prop Healthy NY is terminating and small business Healthy NY must be reapplied under a new higher cost version. While the plan did not carry Ambulance and had a $3,000 limited Pharmacy plan it is priced 35% below market and did manage to capture hundreds of thousands that would otherwise had been uninsured. The same is true for those on Hospital Only or high deductible catastrophic plans.

So what are these Essential Health Benefits?essential-health-benefits-additional-benefits--higher-costs_510aef69edfe3

All individual and small group policies on and off-Exchange must cover ten categories of minimum essential health benefits.

—  Ambulatory services

—  Emergency services

—  Hospitalization

—  Maternity and newborn care

—  Mental health & substance abuse services

—  Prescription drugs

—  Rehabilitative and habilitative

—  Laboratory services

—  Preventive/wellness services, disease management

—  Pediatric oral and vision car

Under the ACA, each state must choose one plan from among popular health insurance plans offered statewide to serve as a benchmark for EHBs. The benchmark plan will act as the model for how plans must define and include EHBs in their coverage — in both the individual and small group markets. New York selected the benefits of the State’s largest small group plan as its EHB benchmark. There is also a Minimum Value requirement, See NYS Minimum Value STANDARD BENEFIT DESIGN COST SHARING DESCRIPTION CHART (5-6-2013) Some of the plan’s components include:

  • No cost-sharing for routine preventive services
  • Pediatric dental and vision coverage
  • Habilitative and rehabilitative services, including physical therapy, speech therapy and occupational therapy
  • Rich mental/behavioral health services
  • No annual or lifetime dollar limits on benefits

Conversely, a shift to self- insurance is underway as self-insureds can avoid many taxes and instead ONLY cover the Minimum Essential Coverage which is different than the Essential Health Benefits. The strategy coupled with reinsurance is a great sophisticated model usually reserved for larger groups. This segment will be able to avoid local additional State mandates which in States like NY account for 14-16%% of the costs. Thats a total swing of 30% for a fully insured NY group. Also, self-insured groups do NOT pay added taxes such as the health insurance tax of $9 Billion annually over the next 10 years.

The administration has shown their sensitivity to larger groups. This segment already covers 94% of its employees at least in some fashion while small businesses cover less than 50%.

Why not do the same for small employers as well? And while they are at it, use the time to reconsider the impact many of these regulations are likely to have on the number of small employers continuing to offer coverage.

For a downloadable guide on self-insuring and secondary market reinsurance for your group please send contact form below. In the meantime, please visit to view past blogs and Legislative Alerts at https://medicalsolutionscorp.com/feed.

PEO: Co-Employment
    First
    Last

    Pay or Play FAQ

    Pay or Play FAQ

    Many follow up questions on the post Pay or Play Employer Guide have been raised.  A Pay or Play FAQ hopefully adds some clarification.       Pay or Play Health Reform  Employer Tax Penalty

    Will I be required to offer health insurance coverage to my employees? 

    No. However, if you have at least 50 full-time employees, and you don’t offer coverage, you will owe a penalty starting in 2014 if any full time employee is eligible for and purchases subsidized coverage through an exchange. This penalty is called the “free rider” penalty.

    We employ about 40 full-time employees working 30 or more hours per week   and about 25 part-time or seasonal employees. So we are not subject to the  employer mandate penalties, right?

    You may be. The health reform law does not require you to provide coverage for  employees working on average less than 30 hours per week (“part-time”).  However, the hours worked by part time employees are counted to determine whether you have at least 50 full-time employee equivalents and therefore are subject to the employer mandate. This is done by taking the total number of monthly hours worked by part time employees (but not to exceed 120 hours for any  one part-time employee) and dividing by 120 to get the number of “full time  equivalent” employees. You would then add those “full-time equivalent”  employees to your 40 full-time employees.

    The hours worked by seasonal employees are also counted to determine whether you have at least 50 full-time employee equivalents and therefore are subject to the employer mandate. For purposes of determining whether you are a large employer, seasonal employees are workers who perform labor or services on a seasonal basis (i.e. exclusively performed at certain seasons or periods of the year and which, from its nature, may not be continuous or carried on throughout the year) for no more than 120 days during the taxable year and retail workers employed exclusively during holiday seasons. There is an exemption from the employer mandate that says you would not be considered to employ more than 50 full-time employees if:

    • Your workforce only exceeds 50 full-time employees for 120 days, or fewer, during the calendar year; and
    • The employees in excess of 50 who were employed during that 120-day (or fewer) period were seasonal workers.

    Our workforce numbers go up and down during the year. How do we determine if we had at least 50 full-time employees on business days during the preceding calendar year?

    For purposes of determining if you are a large employer, the formula requires the  following steps:

    1.Determine the total number of full-time employees (including any full-time seasonal workers) for each calendar month in the preceding calendar year;

    2.Determine the total number of full-time equivalents (including non-full-time seasonal employees) for each calendar month in the preceding calendar year;

    3.Add the number of full-time employees and full-time equivalents described in Steps 1 and 2 above for each month of the calendar year;

    4.Add up the 12 monthly numbers;

    5.Divide by 12.  If the average per month is 50 or more, you are a large employer.

    So if we offer coverage to our full-time employees, we will not have to pay a penalty? 

    Not necessarily. If you have at least 50 full-time employees and you offer coverage to at least 95% of your full-time employees, you are still subject to a penalty starting in 2014 if:

    1.A full-time employee’s contribution for employee-only coverage exceeds 9.5% of the employee’s household income (Note: see below regarding a proposed affordability “safe harbor”) or the plan’s value is less than 60%; and

    2.The employee’s household income is less than 400% of the federal poverty level; and

    3.The employee waives your coverage and purchases coverage on an exchange with premium tax credits.

    The penalty will be calculated separately for each month in which the above applies. The amount of the penalty for a given month equals the number of full- time employees who receive a premium tax credit for that month multiplied by 1/12 of $3,000.

    We have more than 50 full-time employees so we are subject to the employer mandate penalties. How do we know which of our employees is considered “full-time” requiring us to pay a penalty if they qualify for premium tax credits at an exchange (if the employee has a variable work schedule or is seasonal)?

    Through the end of 2014, for purposes of the employer mandate penalties, the guidance permits you to use a “look-back measurement period/stability period” safe harbor to determine which of your employees are considered full-time employees. You may use a standard measurement/stability period for ongoing employees, while using a different initial measurement/stability period for new variable and seasonal employees

    How do the full-time employee safe harbors work for new hires?

    They are generally based on the employee’s hours worked, or, the amount of hours the employee is reasonably expected to work as of their hire date.

    •  New employee reasonably expected to work full-time (i.e. 30 or more hours per week)– If you reasonably expect an employee to work full-time  when you hire them, and coverage is offered to the employee before the end of the employee’s initial 90 days of employment, you will not be subject to the employer mandate payment for that employee, if the coverage is affordable and meets the minimum required value.
    •  New employee reasonably expected to work part-time (i.e. less than 30 hours per week)-– If you reasonably expect an employee to work part-time and the employee’s number of hours do not vary, you will not be subject to the employer mandate penalty for that employee if you don’t offer them coverage.
    •  New variable hour and seasonal employees – If based on the facts and circumstances at the date the employee begins working (the start date), you cannot determine that the employee is reasonably expected to work on average at least 30 hours per week, then that employee is a variable hour employee. Because the term “seasonal employee” is not defined for purposes of the employer responsibility penalty, through 2014, you are permitted to use a reasonable, good faith interpretation of the term “seasonal employee”. The IRS has indicated that any interpretation of the term “seasonal” probably would not be reasonable if it included a working period of more than six months. Once hired, you have the option to determine whether a new variable hour or seasonal employee is a full-time employee using an “initial measurement period” of between three and 12 months (as selected by you).You would measure the hours of service completed by the new employee during the initial measurement period to determine whether the employee worked an average of 30 hours per week or more during this period. If the employee did work at least 30 hours per week during the measurement period, then the employee would be treated as a full-time employee during a subsequent “stability period,” regardless of the employee’s number of hours of service during the stability period, so long as he or she remained an employee. The stability period must be for at least six consecutive calendar months and cannot be shorter than the initial measurement period. If the employee then didn’t work on average at least 30 hours per week during the measurement period, you would not have to treat the employee as a full-time employee during the stability period that followed the measurement period, but the stability period could not be more than one month longer than the initial measurement period.

    Example – Facts:  For new variable hour employees, you use a 12-month initial measurement period that begins on the start date and apply an administrative period from the end of the initial measurement period through the end of the first calendar month beginning on or after the end of the initial measurement period.

    Situation:  Dianna is hired on May 10, 2014. Dianna’s initial measurement period runs from May 10, 2014, through May 9, 2015. Dianna works an average of 30 hours per week during this initial measurement period. You offer affordable coverage to Dianna for a stability period that runs from July 1, 2015 through June 30, 2016.

    Conclusion:  Dianna worked an average of 30 hours per week during her initial measurement period and you had (1) an initial measurement period that does not exceed 12 months; (2) an administrative period totaling not more than 90 days; and (3) a combined initial measurement period and administrative period that does not last beyond the final day of the first calendar month beginning on or after the one-year anniversary of Dianna’s start date. Accordingly, from Dianna’s start date through June 30, 2016, you are not subject to an employer mandate penalty with respect to Dianna because you complied with the standards for the initial measurement period and stability periods for a new variable hour employee. However, you must test Dianna again based on the period from October 15, 2014 through October 14, 2015 (your first standard measurement period that begins after Dianna’s start date) to see if she qualifies to continue coverage beyond the initial stability period.

    Pay or Play FAQ

    Employee FT Testing Period Chart

    As you can tell, there are many things to consider as you map out your plans for how your business is going to proceed with health care reform. Millennium Medical Solutions Corp hopes to be a valuable resource in the weeks and months ahead as you make these decisions. What about you? Do you have any glaring questions that we could answer for you about health care reform compliance?

    For a FREE Affordable Care Act Guide  leave your questions in the comments below or click the “Contact Us” button and we’ll do our best to answer your questions.

    PEO: Co-Employment
      First
      Last

       

      Please refer to the IRS Notice in the links below for more details and examples:

      Notice 2012-58: www.irs.gov/pub/irs-drop/n-12-58.pdf

      Announcement 2012-41: http://www.irs.gov/irb/2012-44_IRB/ar06.html

      Internal Revenue Bulletin for Announcement 2012-41: www.irs.gov/pub/irs-irbs/irb12-41.pdf

      DISCLAIMER: We share this information with our clients and friends for general informational purposes only. It does not necessarily address all of your specific issues. It should not be construed as, nor is it intended to provide, legal advice. Questions regarding specific issues and application of these rules to your plans should be addressed by your legal counsel.

      Health Care Reform Glossary

      Accountable Care Organization (ACO) – These organizations coordinate patient care and provide the full range of health care services for patients. The health reform law provides incentives for providers who join together to form such organizations and who agree to be accountable for the quality, cost, and overall care of Medicare beneficiaries who are enrolled in the traditional fee-for-service program who are assigned to the ACO.
      Annual Benefit Limit – In the past, some insurance plans have placed a limit on the dollar amount of claims they will pay in a given year for an individual. Beginning in 2010, annual benefit limits on certain “essential health benefits” are restricted on a graduated basis, and annual limits will eventually be prohibited in 2014.
      Basic Health Plan – Beginning in 2014, states will have the option of creating a basic health plan to provide coverage to individuals with incomes between 133 and 200 percent of poverty instead of enrolling in the health insurance exchange and receiving premium subsidies. The federal government will provide states that choose to offer this plan with 95 percent of what it would have paid to subsidize these enrollees in the health insurance exchange.
      Benefit Package – The set of health services, such as physician visits, hospitalizations, and prescription drugs, that are covered by a member’s insurance policy or group health plan.
      Capitation – Under a capitation system health care providers are paid a set amount for each enrolled person assigned to that physician or group of physicians, whether or not that person seeks care.
      Case Management – The coordination of medical care for patients with specific diagnoses or high health care needs, performed by case managers who can include medical directors or nurses.
      Catastrophic Coverage – A coverage option with a limited benefit plan design accompanied by a high Deductible. The plan design is intended to protect primarily against the cost for unforeseen and expensive illnesses or injuries. These plans are attractive to young adults in relatively good health.
      CHIP – The Children’s Health Insurance Program (CHIP) is a program administered by the United States Department of Health and Human Services that provides matching funds to states for health insurance to low income families with children. The program was designed with the intent to cover uninsured children in families with incomes that are modest but too high to qualify for Medicaid.
      Chronic Care Management – The coordination of health care and supportive services to improve the health status of patients with chronic conditions, such as diabetes and asthma. The goals of these programs are to improve the quality of care and manage costs.
      COBRA – Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) applies to employers who generally employ 20 or more full time equivalent employees. Employees who lose their jobs are able to continue their employer-sponsored coverage for a set period of time. For example, employees are typically entitled to extend coverage for 18 months, however if they are deemed disabled by the Social Security Administration, coverage may continue for up to 29 months.
      Co-insurance – The amount or percentage of the reimbursed amount of covered expenses a plan member must pay for health services after the Deductible has been met.
      Community Living Assistance Services and Supports (CLASS) Program – The CLASS program establishes a national voluntary long-term care insurance program for the purchase of non-medical services and support necessary for enrollees who have paid premiums into the program and become eligible (due to disability or chronic illnesses). Enrollees would receive benefits that help pay for assistance in the home or in a facility in future years. Enrollment begins January 1, 2011 (targeting working adults who can make voluntary premium contributions through payroll deductions or directly). The first benefits will be paid out to enrollees in 2016.
      Community Rating – A method of pricing health insurance plans, where all policyholders are charged the same premium, regardless of health status, age or other factors. “Modified community rating” generally refers to a method where health insurers may vary premiums based on specified demographic characteristics (e.g. age, gender, location), but cannot vary premiums based on the health status or claims history of policyholders.
      Comparative Effectiveness Research – Research is federally sponsored to compare existing health care interventions to determine which work best for which patients and which pose the greatest benefits and harms. The research also aims to improve the quality of care and to control costs.
      Consumer-Directed Health Plans – These health plans seek to increase consumer awareness about health care costs and provide incentives for consumers to consider costs when making health care decisions. These plans usually have a high Deductible accompanied by a savings account for health care services. There are two types of savings accounts – Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs).
      Co-payment – A fixed dollar amount paid by an individual receiving a health care service covered by the member’s plan.
      Cost-Sharing – Health plan members are required to pay a portion of the costs of their care. Examples of these costs include Co-payments, Co-insurance and annual Deductibles.
      Deductible – The dollar amount that a plan member must pay for health care services each year before the insurer begins to reimburse for health care services. Beginning in 2014, deductibles for small group insurance plans will be limited to $2,000 for individual policies and $4,000 for family policies.
      Disease Management – The coordination of care for the entire disease treatment process, including preventive care, patient education and outpatient care in addition to inpatient and acute care. The process is intended to reduce costs and improve the quality of life for an individual with a chronic condition.
      Donut Hole – A gap in prescription drug coverage under Medicare Part D, where beneficiaries pay 100% of their prescription drug costs after their total drug costs exceed an initial coverage limit until they qualify for a second tier of coverage. Under the standard Part D benefit, Medicare covers 75% of drug costs below the initial coverage limit ($2,830 in 2010), and 95% of spending within the second tier level ($6,440 in 2010). The “donut hole” specifically refers to the range between these two levels. Health care reform also provides a $250 rebate for all Medicare Part D enrollees who enter the donut hole in 2010, increases discounts in subsequent years and completely closes the donut hole by 2020.
      Dual Eligibles – A term used to describe an individual who is eligible for Medicare and for some Medicaid benefits.
      Electronic Health Record/Electronic Medical Records – Computerized patient health records, including medical, demographic, and administrative information. These records can be created and stored within one organization or shared across multiple health care organizations and sites.
      Employee Retirement Income Security Act of 1974 (ERISA) – Enacted in 1974 to provide minimum Federal standards for welfare benefit plans in private industry, and protect the interests of employee benefit plan participants and their beneficiaries by requiring the disclosure to them of financial and other information concerning the plan; by establishing standards of conduct for plan fiduciaries; and by providing for appropriate remedies and access to the Federal courts.
      Employer Mandate – Beginning in 2014 pursuant to the health reform law, employers meeting size or revenue thresholds will be required to offer minimum essential health benefit packages or pay a set portion of the cost of those benefits for use in the Exchanges.
      Episode of Care – Refers to all the health services related to the treatment of a condition. For acute conditions (such as a concussion or a broken bone), the episode includes all treatment and services from the onset of the condition to its resolution. For chronic conditions (such as diabetes), the episode refers to all services and treatments received over a given period of time. Some payment reform proposals involve basing provider payment on episodes of care instead of paying on a Fee-for-Service basis.
      Essential Health Benefits – The health reform law placed certain coverage requirements on essential health benefits, and provides a broad set of benefit categories that would be considered essential to a health benefits package — including hospitalization, outpatient services, emergency care, prescription drugs, maternity care, preventive services and other benefits. The Secretary of HHS will, in the future, define what constitutes “Essential Health Benefits” and this will be guided by the current scope of benefits provided under a typical employer plan. For plan years beginning in 2010 the only requirement for “Essential Health Benefits” is that if they are included in the plan they may not be subject to a lifetime limit and until 2014 can only be subject to a “restricted annual limit”.
      Exchange or Health Insurance Exchange – The health care reform law creates Health Benefit Exchanges (competitive insurance marketplaces) in each state, where individuals and employers can shop for health plans.
      External Review – Health care reform requires all health plans (except Grandfathered plans) to provide an external review appeal process that meets minimum standards. With the exception of a few state processes currently in existence, external review has typically been limited to appeals of clinical decisions. The health reform law has expanded the scope of external review for self-funded health plans to non-eligibility administrative appeals as well. Administrative appeals deal with such issues as benefit exclusions, benefit limits and disputes over member financial responsibility for payments such as Co-payments, Co-insurance and Deductibles.
      Fee-for-Service – A traditional method of paying for medical services where doctors and hospitals are paid a fee for each service they provide.

      FTE – Full Time Equivalent -The percent of time worked is based on a standard of 100% or 1.0. For example, an employee who is working 60% and employee who is working 40% of the time would equal 100% or an FTE of 1.0.

      For example, a firm has 35 full-time employees (30+ hours). In addition, the firm has 20 part time employees who all work 24 hours per week (96 hours per month). These part-time employees’ hours would be treated as equivalent to 16 full-time employees, based on the following calculation:  20 employees x 96 hours / 120 = 1920 / 120 = 16

      Grandfathered Plan – A health plan that was in place on March 23, 2010, when the health reform law was enacted, is exempt from complying with some parts of the health reform law, so long as the plan does not make certain changes (such as eliminating or reducing benefits, increasing cost-sharing, or reducing the employer contribution toward the premium). Once a health plan makes such a change, it becomes subject to other health reform provisions (e.g., appeals and cost sharing restrictions on preventive services).

      Group Health Plan – Health insurance that is offered by a plan sponsor, typically an employer on behalf of its employees.
      Guarantee Issue/Guarantee Renewability – Beginning in 2014, the health reform law requires insurers to offer and renew coverage to non-Grandfathered plans, without regard to health status, use of services, or pre-existing conditions.
      Health Insurance Portability and Accountability Act of 1996 (HIPAA) – This law sets standards for the security and privacy of personal health information. In addition, the law makes it easier for individuals to change jobs without the risk of extended waiting periods due to pre-existing conditions.
      Health Maintenance Organization (HMO) – A health plan that provides coverage through a network of hospitals, physicians and other health care providers. HMOs usually require the selection of a primary care physician who is responsible for managing and coordinating all health care. Usually, referrals to specialist physicians are required, and the HMO pays only for care provided by an in-network provider.
      Health Reimbursement Account (HRA) – A tax-exempt account that can be used to pay for qualified health expenses. HRAs are usually paired with a high-Deductible health plan and are funded solely by employer contributions.
      Health Savings Account (HSA) – A tax-exempt savings account that can be used to pay for qualified medical expenses. Individuals can obtain HSAs from most financial institutions, or through their employer. Both employers and employees can contribute to the plan. To open an HSA, an individual must have health coverage under an HSA-qualified high-Deductible health plan which has Deductibles of at least $1,200 for an individual and $2,400 for a family in 2010.
      High-Deductible Health Plan – These health insurance plans have higher Deductibles and lower premiums than traditional insurance plans.
      High-Risk Pool – The health reform law expands upon the current state-based high-risk pool system. The law requires the government to establish or issue contracts to establish a temporary high risk pool (through 2013) to provide coverage for eligible individuals with pre-existing conditions by appropriating $5 billion to subsidize premiums. Eligibility is limited to individuals who have been uninsured for at least six months prior to applying for pool coverage, and who have a pre-existing condition.
      Individual Mandate – A requirement that most individuals obtain health insurance or pay a penalty beginning in 2014. Massachusetts was the first state to impose an individual mandate that all adults have health insurance.
      Interim Final Rule (IFR) – A final rule that has the full force and effect of law; thus, affected parties have an obligation to comply with its requirements. An IFR allows interested parties to submit comments during a public comment period and prior to issuing revised guidance.
      Internal Review – An internal review of an adverse claim determination.
      Lifetime Benefit Maximum – A limit on the amount an insurer will pay toward the cost of health care services over the lifetime of the policy. Health care reform prohibits lifetime dollar limits on “essential health benefits” effective for plan/policy years beginning on or after September 23, 2010.
      Long-Term Care – Services needed for an individual to live independently in the community, such as home health and personal care, as well as services provided in institutional settings such as nursing homes. Many of these services are not covered by Medicare or private insurance (see also the Community Living Assistance Services and Supports program defined above).
      Managed Care – A health care delivery system that seeks to reduce the cost of providing health benefits and improve the quality of care. These arrangements often rely on primary care physicians to manage the care their patients receive.
      Mandatory Benefits – A state or federal requirement that health plans provide coverage for certain benefits, treatment or services.
      Medicaid – A federal and state funded program that provides medical and health related services to certain low-income Americans. The health reform law expands Medicaid eligibility to non-Medicare eligible individuals with incomes up to 133% of the Federal poverty level, establishing uniform eligibility for adults and children across all states by 2014.
      Medical Loss Ratio (MLR) – The minimum percentage of premium dollars a commercial insurance company must spend on the reimbursement of certain medical costs. The health reform law requires insurers in the large group market to have an MLR of 85% and insurers in the small group and individual markets to have an MLR of 80% (with some waivers granted to states to reduce the threshold for certain markets).
      Medicare – A federal program that provides health care coverage to people age 65 and older, and to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other special criteria such as end-stage renal disease. Eligible individuals can receive coverage for hospital services (Medicare Part A), physician based medical services (Medicare Part B) and prescription drugs (Medicare Part D).
      Medicare Advantage – Also referred to as Medicare Part C, the Medicare Advantage program allows Medicare beneficiaries to receive their Medicare benefits through a private insurance plan.
      Out-of-Pocket Costs – Health care costs that are not covered by insurance, such as Deductibles, Co-payments, and Co-insurance. Out-of-pocket costs do not include premium costs.
      Out-of-Pocket Maximum – An annual limit on the amount of money individuals are required to pay out-of-pocket for health care costs, excluding premiums. The health reform law, beginning in 2014, prevents an employer from imposing cost sharing in amounts greater than the current out-of-pocket limits for high-Deductible health plans ($5,950 for an individual policy or $11,900 for a family policy in 2010). These amounts will be adjusted annually.
      Patient Centered Medical Home – A term defining a health care setting where patients receive comprehensive primary care services, have an ongoing relationship with a primary care provider who directs and coordinates their care; and have enhanced access to non-emergent care.
      Patient Protection and Affordable Care Act (PPACA) – Also referred to as the “health reform law,” this Act begins the implementation of a staged set of rules with an initial effective date of March 23, 2010. The law is intended to increase access to health care for more Americans, and includes many changes that impact the commercial health insurance market, Medicare and Medicaid.
      Pay for Performance – A payment system where health care providers receive incentives for meeting or exceeding quality and cost benchmarks. Some systems also penalize providers who do not meet established benchmarks. The goal of pay for performance programs is to improve the quality of care over time.
      Pre-existing Condition – An illness or medical condition for which a person is diagnosed or treated within a specified period of time prior to becoming insured in a new plan. The heath reform law prohibits the denial of coverage due to a pre-existing condition for plan and policy years beginning after September 23, 2010 for children under 19, and for all others beginning in 2014.
      Preferred Provider Organization (PPO) – A type of managed care organization that provides health care coverage through a network of providers. Plan members typically pay higher costs when they seek care from out-of-network providers.
      Premium – The amount paid, often on a monthly basis, for health insurance. The cost of the premium may be shared between employers or government purchasers, and individuals.
      Premium Subsidies – A fixed amount of money, or a designated percentage of the premium cost, that is provided to help people purchase health insurance. The health reform law provides premium subsidies to individuals with incomes between 133% and 400% of the federal poverty level who purchase policies through the health insurance Exchanges, beginning in 2014.
      Preventive Care Services – Health care that emphasizes the early detection and treatment of disease. The health reform law requires certain health plans (excludes Grandfathered plans) to provide coverage without member cost-sharing for certain preventive services.
      Primary Care Provider – A provider, usually a physician, specializing in internal medicine, family practice, or pediatrics, who is responsible for providing primary care and coordinating other necessary health care services for patients.
      Qualified Health Plan – Insurance plans that are sold through a Health Insurance Exchange must have been certified as meeting a minimum benchmark of benefits (i.e., essential health benefits) under the health reform law.
      Rate Review – Review by insurance regulators of a health plan’s proposed premium and premium increases. Rates are reviewed to ensure they are sufficient to pay claims, are not unreasonably high in relation to the medical claim costs and the benefits provided, and are not discriminatorily applied.
      Reinsurance – Insurance purchased by insurance companies and employers that self-insure their employees’ medical costs, to limit liability or exposure to high claims or increased cost trends. The health reform law includes a temporary federal reinsurance program for employers that insure early retirees over age 55 who are not eligible for Medicare.
      Rescission – Refers to a practice where an approved policy is voided from its inception by the insurer, usually on the grounds of material misrepresentation or omission on the initial application. Under health reform, rescissions are prohibited except in cases of fraud or intentional misrepresentation.
      Risk Adjustment – The process of increasing or reducing payments to health plans to reflect higher or lower than expected spending. Risk adjusting is designed to compensate health plans that enroll a sicker population as a way to discourage plans from selecting only healthier individuals.
      Section 125 Plan – These plans are otherwise known as a “cafeteria plan” offered pursuant to Section 125 of the Internal Revenue Code. Its name comes from a set of benefit plans that allows employees to choose between different types of benefits, similar to the ability of a customer to choose among available items in a cafeteria, and the employees’ pretax contributions are not subject to federal, state, or Social Security taxes.
      Self-Insured Plan – The employer assumes the financial responsibility of health care benefits for its employees in a self-insured or self-funded plan. Employer sponsored self-insured plans typically contract with a third-party administrator to provide administrative services for the plan.
      Small Business Tax Credit – The health reform law includes a tax credit equal to 50 percent (35 percent in the case of tax-exempt eligible small employers) for qualified small employers that provide health coverage to their employees. The tax credit is available to employers with 25 or fewer employees with average annual wages of less than $50,000.
      Small Group Market – Businesses with typically 2-50 employees, or eligible employees depending on applicable state law, can purchase health insurance for their employees through this market, which is regulated by states.
      Tax Credit – An amount that a person or business can subtract from the income tax that they owe. If a tax credit is refundable, the taxpayer can receive a payment from the government to the extent that the credit is greater than the amount of tax they would otherwise owe.
      Tax Deduction – An amount that a person can subtract from adjusted gross income when calculating the taxes that they owe. Generally, people who itemize deductions can deduct the portion of medical expenses, including health insurance premiums, that exceeds 7.5% of their adjusted gross income. Under health reform, the threshold for deducting medical expenses increases to 10% in 2013 (this increase is waived for individuals 65 and older for tax years 2013-2016).
      Value-Based Purchasing – A payment reform which provides bonuses to hospitals and other providers based upon their performance against quality measures.
      Wellness Plan/Program – An employer program to improve health and prevent disease

      2017 Election Results and ACA

      The Health Care Reform Bill

       

      The President earlier today has signed The Health Care and Education Affordability Reconciliation Act of 2010, a historic health care reform that’s been 14 months in the making.  This is after Sunday’s Congressional passage by the slim margins of 219-212.

      The Bill for the most part follows the President’s version of the Reform Health Bill which tweaked measures such as elimination of Nebraska’s politically wrangled special  Medicaid deal, delays on Cadillac Tax enactment and the establishment of a new Health Insurance Rate Authority to give guidance and oversight to states and monitor insurance market behavior. “If a rate increase is unreasonable and unjustified, health insurers must lower premiums, provide rebates, or take other actions to make premiums affordable.”  The 21% Medicare cuts to providers were rescinded.

      The $940 billion over 10 year bill wont see most significant provisions until 2014.
      Here’s a quick rundown of some of the expected changes.

      Changes This Year:

      • Children under 19 with certain pre-existing conditions could not be barred from coverage.
      • Dependent children will be allowed to continue coverage on their parents’ plans until age 26 as long as they are not eligible for coverage from an employer. Previously, this applied only to full-time students usually up to the age of 23. Dependents previously dropped because they no longer met the old coverage requirements can be picked up by parents’ plans. At least some insurers will be charging adult children the full rate for an individual rather than including them in the family or employee and child rate. This may or may not be beneficial depending on the situation.
      • Subsidies for Medicare Advantage will be cut but the so called donut hole under the Medicare Drug Plan would be closed. Seniors getting a prescription drug benefit under Medicare will get $250 later this year under the reconciliation bill. And starting this year, Medicare beneficiaries can get some free preventive services like routine cancer screenings.
      • The bill creates a temporary pool for “high risk” uninsured. That is, individuals who currently have no coverage due to a pre-existing condition, and who have been uninsured for at least six months, would qualify for coverage under a government plan until the other provisions regulating coverage for pre-existing conditions kick in.
      • There will be no lifetime limits on coverage paid out under insurance plans.
      • Certain tax credits will also go into effect for small businesses.

      Long Term Changes:

      • Some medical devices will be newly taxed. Same with drug makers.
      • Beginning in 2013, income over $200,000 for individuals and $250,000 a year for couples would be hit with a 2.35 percent Medicare payroll tax instead of the existing 1.45 percent rate. Those upper incomes would also see 3.8 percent more in taxes on unearned income such as stock dividends and interest income above the thresholds.
      • By 2013, employers will have to redesign their flexible spending accounts to impose a $2,500 annual limit on contributions. There is no limit now, though employers typically impose limits between $4,000 and $5,000.
      • In 2014, citizens will be required to have acceptable coverage or pay a penalty of $95, $325 in 2015, $695 (or up to 2.5 percent of income) in 2016. Families will pay half the amount for children, up to a cap of $2,250 per family. After 2016, penalties are indexed to Consumer Price Index.
      • in 2014, a new affordability test will kick in that could result in employers facing assessments unless they redesign their plans. If the premium paid by an employee exceeds 9.5% of their income and the employee uses federal health insurance premium subsidies to purchase coverage through new state health insurance exchanges, the employer would have to pay an assessment of $3,000 for that employee.
      • In 2014, employers with at least 50 employees that do not offer coverage will pay a tax of $2,000 for each employee without coverage. However, in determining the assessment, an employer’s first 30 employees would be excluded from the calculation. Taking the case of an employer with 100 employees that did not offer coverage, for example, its assessment would be 70 times $2,000.
      • So-called Cadillac health plans would also get dinged. Employer-sponsored plans worth $10,200 for individuals and $27,500 for families would be hit with a 40% excise tax starting in 2018.

      Individual Mandate:

      • All individuals will be required to have health insurance, with some exceptions, beginning in 2014. Those who do not have coverage will be required to pay a yearly financial penalty of the greater of $695 per person (up to a maximum of $2,085 per family), or 2.5% of household income, which will be phased-in from 2014-2016. Exceptions will be given for financial hardship and religious objections; and to American Indians; people who have been uninsured for less than three months; if the lowest cost health plan exceeds 8% of income; and if the individual has income below the poverty level ($10,830 for an individual and $22,050 for a family of four in 2009).
      • Premium subsidies will be provided to families with incomes between 100-400% of the poverty level (or $22,050 to $88,200 for a family of four in 2009) to help them purchase insurance through the Exchanges. These subsidies will be offered on a sliding scale basis and will limit the cost of the premium to between 2% of income for those between 100-133% of the poverty level to 9.8% of income for those between 300- 400% of the poverty level.

      Employer Requirements:
      There is no employer mandate but employers with more than 50 employees will be assessed a fee of $2000 per full-time employee (excluding the first 30 employees from the assessment)

      • Employers that offer coverage will be required to provide a free choice voucher to employees with incomes below 400% of the poverty level if their share of the premium cost is between 8-9.8% of income and who choose to enroll in a plan in an Exchange. Employers that offer a free choice voucher will not be subject to the above penalty.
      • Large employers (more than 200 employees) that offer coverage will be required to automatically enroll employees into the employer’s lowest cost premium plan if the employee does not sign up for employer coverage or does not opt out of coverage.
      • No employer may impose a waiting period that exceeds 90 days

      Small Business Tax Credit

      • Provides a two year tax credit to small businesses (less than 25 employees) with aver annual wages of less than $40,000 that purchase health insurance with the tax credit.
      • For tax years 2010 to 2013, the tax credit would be up to 35% of the employer’s contribution toward the employee’s health insurance premium if the employer contributes at least 50% of the total premium cost.
      • For tax years 2014 and later, for eligible businesses that purchase through the Exchanges, the tax credit would be up to 50% of the employer’s contribution toward the employee’s premium if the employer contributes at least 50% of the employee’s total premium cost.
      • The full credit will be available to employers with 10 or few employees and average annual wages of $25,000 and less, the credit phases out as firm size and wages increase.

      American Health Benefit Exchanges

      • States will create the American Health Benefits Exchanges where individuals can purchase insurance and separate exchanges for small employers to purchase insurance. These new marketplaces will provide consumers with information to enable them to choose among plans. Premium and cost-sharing subsidies will be available to make coverage more affordable.
      • subsidies will only be available to those without other coverage or whose share of the premium for coverage offered by an employer exceeds 9.8% of their income. Small businesses with up to 100 employees can purchase coverage through the Exchange.
      • the Office of Personnel Management, which administers the Federal Employees Health Benefit Program, will contract with private insurers to offer at least two multi-state plans in each Exchange, including at least one offered by a non-profit entity. In addition, funds will be made available to establish non-profit, member-run health insurance CO-OPs in each state
      • Plans in the Exchanges will be required to offer benefits that meet a minimum set of standards. Insurers will offer four levels of coverage that vary based on premiums, out-of-pocket costs, and benefits beyond the minimum required plus a catastrophic coverage plan.
      • Premium subsidies will be provided to families with incomes between 100-400% of the poverty level (or $22,050 to $88,200 for a family of four in 2009) to help them purchase insurance through the Exchanges. These subsidies will be offered on a sliding scale basis and will limit the cost of the premium to between 2% of income for those between 100-133% of the poverty level to 9.8% of income for those between 300- 400% of the poverty level.
      • Cost-sharing subsidies will also be available to people with incomes between 100-200% of the poverty level to limit out-of-pocket spending.
      • Broker Role – HHS Secretary is required to “establish procedures under which a State may allow agents and brokers to enroll individuals” in Exchanges.
      • Beginning in 2014, the legislation allows states the option of merging the individual and small group markets within the Exchanges.

      A more comprehensive chart is available through NAHU (National Association of health Underwriters).

      Several states have already challenged this law as an over extension of Federal powers.  Additionally, the requirement of mandating an individual to buy insurance is not so clear.

      Many additional questions will arise such as:

      -How will plans with Federal minimum standards reconcile with progressive states like NY that have numerous state mandates already?
      -Afterall, a Healthy NY plan can operate commercially without mandates that an ordinary group plan must comply with?
      -What happens to community rated states like NY?
      -Will they drop this rating methodology altogether?
      -Since there will be no longer pre-existing conditions is it just cheaper for an individual to just withdraw pay the penalty and then hop in when in need of coverage?

      Lastly and importantly, the bending of the cost curve is weak. There is language, however, on attacking fraud & billing abuses as well successful Pharmaceutical concession for Medicare Part D.  But Rome was not built in a day and this lays the foundation for a path of extending coverage to as many people as possible. Heavy topics such as Tort Reform, exorbitant malpractice insurance, federal medical reimbursements cuts must wait for another day.