Archive for the ‘Understanding the new health insurance law – 2011’ Category

Health care reform timeline from 2011 to 2020

Wednesday, August 31st, 2011

Arizona health insurance, Medicare, travel insurance, trip cancellation insurance

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws that were signed into law in the spring of 2010.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

The new health care reform law is already impacting the benefits landscape, but some provisions will not take effect until 2014 and beyond. Explore our timeline below to learn more about when changes under the law begin to take effect.

2011 Insurance Reforms

  • New uniform coverage documents and standard definitions developed (applicable in 2012).
  • Must meet minimum medical loss ratios.
  • Rate review requirements will be effective.

Medical Reforms

  • Medicare Advantage cost-sharing limits take effect.
  • Medicare beneficiaries who reach the “donut hole” get a 50 percent discount on brand-name drugs.
  • Primary care doctors and general surgeons practicing in underserved areas, such as inner cities and rural communities, get a 10 percent Medicare bonus.
  • Medicare Advantage plans begin restructuring of payments and freeze 2011 payments at 2010 levels.

Other

  • The voluntary long-term care insurance program starts. The program provides a cash benefit to help those with disabilities stay in their homes or pay nursing home costs. Benefits start five years after paying the coverage fee.
  • Increased funding for community health centers to provide care for many low-income and uninsured people.
  • Costs for over-the-counter drugs not prescribed by a doctor excluded from being reimbursed through an HSA or FSA.
  • Employers may report the value of health care benefits on employee W2 tax statements (optional for 2011 tax year; mandatory thereafter).
  • Start of new annual fees on pharmaceutical manufacturing sector.

 2012 Insurance Reforms

Health System Changes

  • Hospitals, doctors, and payers encouraged to join forces in “accountable care organizations.”
  • Hospitals with high rates of preventable readmissions facing reduced Medicare payments.
  • Administrative simplification rules required under ACA begin to phase in.

2013 Insurance Reforms

Taxes/Deductions

  • Individuals making $200,000 a year or couples making $250,000 would have a higher Medicare payroll tax of 2.35 percent on earned income – up from the current 1.45 percent. A new 3.8 percent tax on unearned income, such as dividends and interest, also added.
  • Contributions to flexible spending accounts (FSAs) limited to $2,500 a year – indexed for inflation. And the threshold for deducting medical expenses on taxes goes from 7.5 percent to 10 percent of income.
  • Medical device manufacturers have a 2.9 percent sales tax on medical devices, with exemptions for some, like eyeglasses, contact lenses and hearing aids.
  • No more deduction for expenses allocable to Medicare Part D subsidy for employers who maintain prescription drug plans for their Medicare Part D-eligible retirees.scuba diving, www.douggulleson.com, underwater photography, bali

 2014 Insurance Reforms

Coverage Mandates & Subsidies

  • New individual and employer coverage responsibilities.
  • New individual affordability tax credits and expanded small business tax credits.

Health Insurance Exchange & Insurance Reforms

  • State individual and small group health insurance exchanges operational.
  • Guaranteed issue, guaranteed renewability, modified community rating and minimum benefit standards (“essential benefits” plan) effective.
  • No more lifetime or annual dollar limits for essential benefits.
  • No more excessive waiting periods.
  • No pre-existing condition exclusions.
  • New health plan disclosure and transparency requirements.
  • New uniform insurance rating reforms.
  • Provider non-discrimination requirements.

New taxes on health Insurers

  • New taxes to be added and told to Americans and those living in the U.S. in 2013

Medicaid and Medicare Reform

  • Medicaid expanded to cover low-income individuals under age 65 up to 133 percent of the federal poverty level – about $28,300 for a family of four.
  • Minimum medical loss ratio of 85 percent required for Medicare Advantage plans.

 2018 Insurance Reforms

  • New tax (“Cadillax tax”) on employer-sponsored health plans that offer policies with generous coverage levels.

 2020 Insurance Reforms

  • Donut hole coverage gap in Medicare prescription benefit is fully phased out. Seniors continue to pay the standard 25 percent of their drug costs until they reach the threshold for Medicare catastrophic coverage.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, www.gnazhealth.com , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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Employers – reporting group healthcare plan on W-2 forms

Wednesday, August 17th, 2011

diving, scuba diving, doug gulleson, underwater photographyGood Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Employers will be responsible for reporting to employees the total cost of their group health benefit plan coverage on their W-2 forms under the Patient Protection and Affordable Care Act. The reporting requirements are expected to apply to the 2012 W-2 forms, which is information employers must report to employees in January 2013.

Arizona insurance, PPO, HMO, medical insurance, health careThis requirement is informational only and does not mean that employer-provided coverage will become taxable. Employers filing fewer than 250 W-2 forms in 2011 will not be required to report the cost of coverage on any forms furnished to employees before January 2014.  

Some benefits are not subject to the W-2 requirement:

  • HIPAA “excepted benefits” plans (accident, disability income, supplemental liability, workers’ compensation insurance).
  • Stand-alone dental and vision plans.
  • Coverage under an HRA, amounts contributed to an HSA or an Archer MSA, as well as salary reduction contributions to a health FSA.
  • Coverage under a self-funded plan that is not subject to any federal continuation requirements (COBRA, PHSA continuation, FEHBP continuation), such as a group health benefit plan sponsored by a church. Coverage provided by the federal government, state government or agency of the government under a plan maintained primarily for members of the military and their families.
  • Coverage for a specific disease or illness or hospital indemnity insurance. 

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, www.gnazhealth.com , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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Frequently asked questions and answers on group insurance, 2011 – Part 2

Wednesday, April 13th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Grandfathered Status 

Q – With a large group, who should have Grandfathered status, and no changes since March of 2010; Can they change carriers from Fully Insured (one carrier) to Fully Insured (different carrier) without loosing their Grandfathered status?  It is assumed the benefits  will be the same or better, and the pricing 10% less.

A – If the benefits truly are as good or better….be careful with this.  And, the employer has not changed his contribution by more than 5%, should be ok.  Just use caution regarding the “same benefits”.

Q – In Southern California the new group sales plans are all Non-grandfathered. Meaning, I guess, more benefits per the Feds.  Can a 100+ Group, go from a Grandfathered plan to a Non-grandfathered plan (Non-grandfathered benefits).  Assuming the new plans benefits are not less and the payroll deductions are the same?

A – We are working on getting clarification right now as to who decides if a plan is grandfathered.  Logic seems to dictate that it’s the employer not the carrier, because of the contribution component.  In addition, the law allows you to incorporate certain legislative changes (i.e. covering preventative) and not lose your grandfathered status. 

Q – My interpretation of the Health Care Reform language is that a change in employer contribution (either flat amount or percentage) would result in the removal of grandfather status.  Is this correct?

A – Any change that results in an employer contribution being decreased by more than 5%  (so you would convert the defined contribution amount to a percentage) causes the group to no longer be grandfathered.

Q – If a company eliminates one of their current plan offerings (ex: has HMO, PPO & HSA) with no other changes, does this make them lose grandfathered status?

A – Depends, the elimination of a plan doesn’t automatically cause loss of grandfathered status, but if the result is the employees in that plan are forced to move into a plan with lower benefits, then yes, they will loose their grandfathered status.

Q – If a company has a non-grandfathered plan, can they have different waiting periods for employees?  Is there a point where there will be no classes permitted for things such as waiting periods, contribution levels, etc.?

A – A plan can continue to discriminate; they just have to pass the non-discrimination test.  The third eligibility test allows for classes, but the result is still 50% of the control group must be eligible; and then there’s the benefits test, still to pass.  Really, the goal is to force plans to not discriminate, but since we’re waiting on new guidelines, it’s not clear how liberal or strict the test may eventually become.  I would look at the control group and see how many can be eliminated for age, service or status and then run the test to project possible penalties. 

Model Disclosure Notices

Q – Do any of the Model Notices that our groups are distributing to their employees have to be on company letterhead?

A – To the best of my knowledge this is not a requirement.

Non Discrimination Compliance Delay

Q – Will there be no penalties for discrimination in favor of highly compensated individuals until after regulations or guidance have been issued?

A – Correct; the bulletin issued on the 22nd says there will be no penalties until guidelines have been issued.  Is it “expected” compliance will be required and penalties will be implemented for plan years after regulations or guidance are issued?

A – This is correct.

Non Discrimination Testing

Q – Does non-discrimination testing and delaying the penalties for this year, mean that we do not have to perform the test this year?  Or, do we have to perform them and any subsequent failures will not be penalized, therefore allowing the discriminating plan to continue for another plan year if the employer chooses to do so?

A - You are not required to test.  However, it would be a good idea to test, so some strategic planning can begin for years that the penalties are in place.

Q – If the testing does need to be performed in 2011, is there a formal IRS form that will need to be filed?

A – There is no form to submit to the IRS.  Documentation on the information utilized as well as the results should be kept on file with the plan documents.

Section 125 Pre-tax Premium Only Plan

Q – Have you heard of any changes for an employee that is pre-taxing their medical and dental premiums for 2011?

A – I am not aware of anything new.

This information is not intended to be, nor should it be construed as legal or tax advice.  We are not authorized nor do we purport to provide tax or legal advice and this should not be viewed as a substitute thereof.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, www.gnazhealth.com , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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2011 annual contribution limits for (HSA) health saving accounts

Wednesday, March 9th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Annual contribution limits for Health Savings Accounts (HSAs) are reviewed each year for inflation. Below are the contribution limits and health plan deductible requirements that will be in effect for 2011.

 

Annual HSA Contribution Limits      High Deductible Health Plan  
  • For calendar year 2011, the contribution limit for an individual with self-only coverage under a high deductible health plan is $3,050.
  • For calendar year 2011, an HSA-qualified “high deductible health plan” is defined as a health plan with an annual deductible of at least $1,200 for self-only coverage and at least $2,400 for family coverage.
  • For calendar year 2011, the contribution limit for an individual with family coverage under a high deductible health plan is $6,150.
  • Maximum annual out-of-pocket expenses (including deductibles, co-payments, and other amounts but not premiums) are $5,950 for self-only coverage and $11,900 for family coverage.
  • Individuals who are age 55 and older by year end can make an additional “catchup” contribution of up to $1,000 in 2011.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care information with him at all times when he travels, http://www.overseashealthinsurance.com/short-term.asp .  Keep our blog close by you, www.gntravelinsurance.com , for continual updates on the changes with the US health care system.

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Tax hikes from March 2010 health care law

Friday, February 18th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws that were signed into law in the spring of 2010.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Below is a list of tax hikes that were signed into law on March 2010 under the new health care law President Obama signed into law.

Note:  AGI means adjusted gross income

$500,000 Annual Executive Compensation Limit for Health Insurance Executives ($0.6 billion/Jan 2013)

“Black Liquor” Tax Hike (Tax hike of $23.6 billion).  This is a tax increase on a type of bio-fuel.

Blue Cross/Blue Shield Tax Hike ($0.4 billion/Jan 2010): The special tax deduction in current law for Blue Cross/Blue Shield companies would only be allowed if 85 percent or more of premium revenues are spent on clinical services

Charitable Hospitals Excise Tax (Min$/immediate): $50,000 per hospital if they fail to meet new “community health assessment needs,” “financial assistance,” and “billing and collection” rules set by HHS

Codification of the “economic substance doctrine” (Tax hike of $4.5 billion).  This provision allows the IRS to disallow completely-legal tax deductions and other legal tax-minimizing plans just because the IRS deems that the action lacks “substance” and is merely intended to reduce taxes owed.

Comprehensive Health Insurance Plans Excise Tax ($32 billion/Jan 2018): Starting in 2018, new 40 percent excise tax on “Cadillac” health insurance plans ($10,200 single/$27,500 family). For early retirees and high-risk professions exists a higher threshold ($11,500 single/$29,450 family).  CPI +1 percentage point indexed.

Corporate 1099-MISC Information Reporting ($17.1 billion/Jan 2012): Requires businesses to send 1099-MISC information tax forms to corporations (currently limited to individuals), a huge compliance burden for small employers

Employer Mandate Tax (Jan 2014):  If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2000 for all full-time employees.  This provision applies to all employers with 50 or more employees. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer).

Employer Reporting of Insurance on W-2(Min$/Jan 2011): Preamble to taxing health benefits on individual tax returns.

Flexible Spending Account Cap – aka “Special Needs Kids Tax” ($13 billion/Jan 2013): Imposes cap of $2500 (Indexed to inflation after 2013) on FSAs (now unlimited). . There is one group of FSA owners for whom this new cap will be for parents of special needs children.  There are thousands of families with special needs children in the United States and many of them use FSAs to pay for special needs education.  Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education. 

Health Insurers Tax ($60.1 billion/Jan 2014): Annual tax on the industry imposed relative to health insurance premiums collected that year. The stipulation phases in gradually until 2018, and is fully-imposed on firms with $50 million in profits.

HSA Withdrawal Tax Hike ($1.4 billion/Jan 2011): Increases additional tax on non-medical early withdrawals from an HSA from 10 to 20 percent, disadvantaging them relative to IRAs and other tax-advantaged accounts, which remain at 10 percent.

Individual Mandate Excise Tax (Jan 2014): Starting in 2014, anyone not buying “qualifying” health insurance must pay income surtax according to the higher of the following

 

1 Adult

2 Adults

3+ Adults

2014

1% AGI/$95

1% AGI/$190

1% AGI/$285

2015

2% AGI/$325

2% AGI/$650

2% AGI/$975

2016 +

2.5% AGI/$695

2.5% AGI/$1390

2.5% AGI/$2085

Indoor Tanning Services Tax ($2.7 billion/July 1, 2010): New 10 percent excise tax on Americans using indoor tanning salons

Innovator Drug Companies Tax ($22.2 billion/Jan 2010): $2.3 billion annual tax on the industry imposed relative to share of sales made that year.

Investment Income Surtax ($123 billion/Jan. 2013):  This increase involves the creation of a new, 3.8 percent surtax on investment income earned in households making at least $250,000 ($200,000 single).  This would result in the following top tax rates on investment income

 

Capital Gains

Dividends

Other*

2010

15%

15%

35%

2011-2012 (current law)

20%

39.6%

39.6%

2011-2012 (Obama budget)

20%

20%

39.6%

2013+ (current law)

23.8%

43.4%

43.4%

2013+ (Obama budget)

23.8%

23.8%

43.4%

Medical Device Manufacturers Tax ($20 billion/Jan 2013): Medical device manufacturers employ 360,000 people in 6000 plants across the country. This law imposes a new 2.3% excise tax.  Exemptions include items retailing for less than $100. 

Medicare: Elimination of tax deduction for employer-provided retirement Rx drug coverage in coordination with Medicare Part D ($4.5 billion/Jan 2013)

Medicare Payroll Tax ($86.8 billion/Jan 2013): Current law and changes:

 

First $200,000
($250,000 Married)
Employer/Employee

All Remaining Wages
Employer/Employee

Current Law

1.45%/1.45%
2.9% self-employed

1.45%/1.45%
2.9% self-employed

Health Tax Hike

1.45%/1.45%
2.9% self-employed

1.45%/2.35%
3.8% self-employed

Medicine Cabinet Tax ($5 billion/Jan 2011): Americans no longer able to use health savings account (HSA), flexible spending account (FSA), or health reimbursement (HRA) pre-tax dollars to purchase non-prescription, over-the-counter medicines (except insulin)

Raise “Haircut” for Medical Itemized Deduction from 7.5% to 10% of AGI ($15.2 billion/Jan 2013): Currently, those facing high medical expenses are allowed a deduction for medical expenses to the extent that those expenses exceed 7.5 percent of adjusted gross income (AGI).  The new provision imposes a threshold of 10 percent of AGI; it is waived for 65+ taxpayers in 2013-2016 only.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, http://onlineglobalhealthinsurance.com/my-travel-guard.asp , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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United States health care reform measures becoming effective January 2011

Friday, February 11th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service

As of 1 January 2011, some of the provisions of the 2010 Health Care Reform legislation become effective. What follows is a summary of these provisions.

Allocation of health care premiums
To ensure that premium dollars are spent primarily on health care, the Health Care Reform legislation generally requires that at least 85% of all premium dollars collected by insurance companies for large employer plans are spent on health care services and health care quality improvement. For plans sold to individuals and small employers, at least 80% of the premium must be spent on benefits and quality improvement. If insurance companies do not meet these goals because their administrative costs or profits are too high, they must provide rebates to consumers.

FSA & HSA drug eligibility
Over-the-counter (OTC) drugs are not eligible for reimbursement under health flexible spending accounts (FSAs), health reimbursement arrangements (HRAs), health savings accounts (HSAs) or medical savings accounts (MSAs). Insulin remains reimbursable.

Also, starting 1 January 2011, the excise tax for non-medical HSA or MSA distributions increase from 10% to 20%.

Medicare/Medicaid
Pharmaceutical manufacturers are required to provide a 50% discount on brand-name prescriptions filled in the Medicare Part D coverage gap. Concurrently, federal subsidies for generic prescriptions filled in the Medicare Part D coverage gap begin to phase in.

A 10% Medicare bonus payment is introduced for primary care services and for surgery services provided by general surgeons practicing in health professional shortage areas.

Cost-sharing for Medicare-covered preventive services rated A or B that are recommended by the U.S. Preventive Services Task Force is eliminated. In addition, the Medicare deductible for colorectal cancer screening tests is waived and Medicare coverage for a personalized prevention plan, including a comprehensive health risk assessment, is authorized.

The income threshold for income-related Medicare Part B premiums for 2011 through 2019 are frozen at 2010 levels, and the Medicare Part D premium subsidy is reduced for those with incomes above USD 85,000 (individual) and USD 170,000 (couple). Payments for private Medicare Advantage plans are frozen at 2010 levels.

A new Medicaid state option is created to allow certain Medicaid enrollees to designate a provider as a “health home.” States receive a 90% federal matching payment for two years for health home-related services. Federal 3-year grants are available to states that develop programs to provide Medicaid enrollees with incentives to participate in comprehensive health lifestyle programs to meet certain health behavior targets.

Wellness program grants
Employers with less than 100 employees working at least 25 hours a week, that establish wellness programs on or after 23 March 2010, may apply for federal grants of up to 5 years starting in fiscal year 2011.

Other measures becoming effective in 2011

  • 23 March 2011: Federal funding becomes available to states to begin planning the establishment of American Health Benefit Exchanges and Small Business Options Program Exchanges. States are required to create and maintain health care exchanges through which health insurance providers compete on equal terms. All employees whose employers do not offer health coverage and would like to purchase a plan may participate of these exchanges. Enrollment in Exchanges begins 1 January 2014.
  • 1 October 2011: Funding becomes available for the establishment of a 15-member Independent Advisory Board to submit legislative proposals containing recommendations to reduce the per capita rate of growth in Medicare spending whenever spending exceeds targeted growth rates. First Board recommendations are expected for 15 January 2014.
  • 1 October 2011: The Medicaid State Balancing Incentive Program is created. The Program is to provide enhanced federal matching payments to increase non-institutionally based long-term care services, and to establish the Community First Choice Option in Medicaid to provide community-based attendant support services to certain people with disabilities.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, http://onlineglobalhealthinsurance.com/my-travel-guard.asp , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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W-2 reporting requirements for employers – starting 2011

Friday, January 28th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Overview

Section 9002 of the Patient Protection and Affordable Care Act (PPACA) requires all employers to disclose the aggregate cost of “applicable employer-sponsored coverage” on each employee’s Form W-2.

What is included as “applicable employer-sponsored coverage”?

For purposes of this reporting requirement, “applicable employer-sponsored coverage” includes coverage under any group health plan made available to an employee by the employer, regardless of whether the employer or the employee paid the cost, including coverage provided under FSAs, HSAs and HRAs. Applicable employer-sponsored coverage also includes coverage under any group health plan established and maintained by the U.S. government, the government of any state or its political subdivision, or by any agency or instrumentality of such government.

What is not included as “applicable employer-sponsored coverage”?

Applicable employer-sponsored coverage does not include:

Coverage only for a specified disease

Coverage for long-term care

Coverage only for accident insurance

Hospital indemnity or other fixed indemnity insurance

Does the W-2 reporting requirement apply to all employers who provide health coverage, regardless of the employer’s size?

Yes.  The W-2 reporting requirement applies to any employer that provides health coverage for its employees if the employer is required to deduct and withhold employment or income taxes from an employee’s wages under Sections 3401 or 3402 of the Code.

When is this new requirement effective?

The new Form W-2 requirement is effective for taxable years beginning after 2010 (i.e., the 2011 W-2 due in January 2012). On October 12, 2010, the IRS announced that this W-2 reporting requirement will be optional in 2011 (see IRS Notice 2010-69). Employers choosing to delay the reporting requirement will not be penalized by the IRS. This delay is intended to give employers time to make changes in their payroll systems or procedures in preparation for compliance with the new reporting requirement. The IRS is expected to publish additional guidance on the new Form W-2 reporting requirement before the end of 2010.

How is the aggregate cost of employer-sponsored coverage determined for a self-funded plan?

The aggregate cost of coverage is determined under rules similar to those for determining COBRA premiums (as set forth in Section 4980B(f)(4) of the Internal Revenue Code). Therefore, the aggregate cost of employer-sponsored coverage that must be reported on an employee’s W-2 is equal to the COBRA rate for the coverage option in which the employee is enrolled, less the 2% administrative charge that may be applied to COBRA coverage. For this purpose, FSAs, HSAs and Archer MSAs are excluded from the calculation.

Who will get the Form W-2?

Under current rules, employers file Form W-2 with the IRS and furnish a copy to each employee for wages subject to federal income and employment tax withholding. PPACA indicates reporting also will be required for former employees, retirees and surviving spouses, but it isn’t clear what IRS form(s) will be used. Further guidance from the IRS is expected.

Is this requirement a carrier requirement as well?

No. The requirement to report the aggregate cost of employer-sponsored coverage on an employee’s W-2 is an employer reporting requirement, not a carrier reporting requirement. Aetna will not take the responsibility for preparing and/or issuing W-2’s on behalf of its customers; however, Aetna will provide the health benefits data necessary for customers to fulfill their W-2 reporting requirements.

Does this reporting requirement change the tax treatment of the benefit to the employee?

No. With respect to the W-2 reporting, this is solely a reporting exercise and does not change the tax treatment of the benefit to the employee under the current law.

In what box on the W-2 is the aggregate cost of employer-sponsored coverage reported?

On October 12, 2010, the IRS issued a draft Form W-2, a copy of which may be found at the following web address: http://www.irs.gov/pub/irs-utl/draft_w-2.pdf . The draft Form W-2 issued indicates that the aggregate cost of employer-sponsored coverage will be reported in Box 12, using Code DD. It is expected that the IRS will publish additional guidance on the new Form W-2 reporting requirement before the end of 2010.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care, www.gnazhealth.com ,  and overseas health care, http://onlineglobalhealthinsurance.com/my-travel-guard.asp , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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How health care reform impacts your fund products – FSA,HRA,RRA, and HSA

Wednesday, January 19th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Health Care Flexible Spending Account (FSA) – Group

Health Reimbursement Arrangement (HRA) – Group

Health Savings Account (HSA) – Group and Individual/Family

Retiree Reimbursement Account (RRA) – Group

Overview

Fund products, such as Health Care FSA, HRA, HSA and RRA products, are impacted by provisions of the health care reform bill. We understand that it can be difficult to interpret what these new provisions mean for you. So we’ve created the following to help you understand how you may be impacted.

■ Over-the-counter (OTC) medications

■ FSA contributions

■ Dependent age definition

■ HSA withdrawal penalty

OTC medications / Impacted Fund products: FSA, HSA, RRA

Q: When do the restrictions on the purchase of OTC medicines take effect?

A: These restrictions will take effect for taxable years commencing on or after January 1, 2011, regardless of the effective date of an employer’s plan year.

Q: How does the new restriction on OTC purchases affect plan sponsors and members enrolled in plan years with effective dates which occur during the calendar year 2010 and not on January 1, 2011 (“non-calendar year plans”)?

A: Employees under non-calendar year plans will be able to submit claims for reimbursement for OTC medications for expenses they have incurred through December 31, 2010. Expenses incurred after January 1, 2011 will be subject to the new rules.

Employees should be advised at the time of their open enrollment to consider the change in rules when making elections about the amount of funds they wish to contribute, particularly to FSA accounts.

Q: Does this mean that prescription medicines will be the only items that can be purchased with FSA or Health Saving Accounts dollars?

A: No. Flexible spending account funds may still be used for other qualified medical expenses, including payment of copays or deductibles where permitted. Other items not affected by the legislation include such things as medical equipment, eyeglasses, hearing aids, etc. Also, the purchase of insulin is not affected by the new law.

The list of items whose purchase will be restricted by the new law is still being developed. The current draft includes items such as allergy and sinus products, pain relief, cough, cold & flu, motion sickness, certain ointments and creams, and sleep aids.

Q: What kind of doctor’s authorization will be acceptable to support a reimbursement against a FSA or HSA account? Will members need to give a prescription at the drug store when they purchase their items?

A: Members will need to provide a prescription with their request for reimbursement of an OTC medicine, along with a copy of their receipt for the purchase. The prescription must state the name of the patient and the name of the OTC medicine, and must

be signed and dated by a licensed health care professional. The prescription does not need to be given to the pharmacist, but should be sent to Aetna for reimbursement.

Q: Will members still be able to use debit cards for their qualified medical expenses, other than OTC medications?

A: Members may still use debit cards for qualified medical expenses other than OTC medicines. However, use of debit cards will not be permitted for OTC medicines. Members will need to submit a copy of their purchase receipt, along with the prescription, in order to be reimbursed.

Dependent age definition / Impacted fund products: FSA, HRA, HSA

Q: What is the new age limit for dependent children?

A: Health plans that provide coverage for dependents of employees will be required to offer that coverage to adult dependents until they reach age 26.

Q: When does this rule go into effect?

A: The new coverage rules take effect on the first date of the new plan year following September 23, 2010. Employers are also permitted, but not required, to offer this coverage to the children of employees as of March 30, 2010. Accordingly, there is no mid-plan-year impact that is imposed by the law.

Q: Can employees submit FSA and HRA reimbursement requests for 2010 medical expenses of adult dependents?

A: Generally, yes. As soon as an employer has given notice of its intention to extend coverage to adult children, qualified medical expenses with respect to those children may be reimbursed from FSA and HRA accounts — even in 2010.

Q: Do the children need to be the employee’s tax dependents to qualify for FSA and HRA expense reimbursement?

A: No. The law does not condition coverage of adult children on financial dependency or other conditions such as student status, residency with the parent, or other similar conditions. The child may even be married and still covered by the parent. The identification of the child as a “dependent” for this purpose will be based solely on the child’s relationship with the parent.

Q: Can an employee use his or her Health Savings Accounts for the adult dependent’s medical expenses?

A: Only if the adult dependent is also considered a dependent for tax purposes. HSAs are treated differently than FSAs, and HRAs for this purpose.

Q: Can an adult dependent open his or her own HSA?

A: Yes. An adult dependent who is covered under the parent’s high-deductible health plan and has no other medical coverage may establish his or her own HSA. The adult dependent may make Health Savings Account contributions up to the allowable amount

($6,150 for 2010 and 2011). The parent may also contribute to their own HSA up to the allowable family maximum amount.

FSA contributions Impacted fund product: FSA

Q: How are the FSA contribution rules impacted?

A: Tax advantaged contributions to FSA accounts will be limited to $2,500, effective January 1, 2013.

Q: How will the January 2013 limitation on contributions to flexible spending accounts affect plan sponsors and members with non-calendar plan years?

A: Contributions for employees and plan sponsors with non-calendar plan years will be still be subject to the reduced limit on contributions which will be effective for the tax year 2013. In other words, employees may be allowed to make a contribution greater than $2,500 for the tax year 2012, if permitted by the terms of their plan. This may present some administrative issues for employers which will hopefully be clarified in future regulatory releases.

HSA withdrawal penalty Impacted fund product: HSA

Q: How has Health Care Reform changed the rules for withdrawing money from an HSA for unqualified expenses?

A: The tax penalty for an unqualified withdrawal from an HSA account has been increased effective January 1, 2011, from the current level of 10% to 20%.

Q: Does the increased tax on non-qualified withdrawals from HSAs also affect plan sponsors and members with non-calendar year plans?

A: Yes. Employers should make plans to notify their employees of this increased tax penalty which would take effect commencing January 1, 2011. Note that this penalty only applies to withdrawals for nonqualified medical expenses.

Doug Gulleson totally adores scuba diving and travels overseas throughout the year with his underwater camera in one hand and a cup of coffee in the other.   Visit Good Neighbor Insurance at www.gnazhealth.com /  www.gnhealthplan.com/  and www.onlineglobalhealthinsurance.com/trip-cancellation/ for Arizona and international travel insurance coverage.

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Employer penalties for not offering coverage or providing unaffordable coverage to full-time employees

Friday, January 14th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

What is a large employer for purposes of these penalties?

In determining whether an employer is a large employer subject to these penalties, the employer must employ 50 or more full-time or full-time equivalent employees during the preceding calendar year. Therefore, an employer’s employee population in 2013 will determine whether it will be subject to the employer penalties in 2014. The employer aggregation rules set forth in Section 414 of the Internal Revenue Code apply.

An employer will not be considered to employ more than 50 full-time employees if (a) its workforce exceeds 50 full-time employees for 120 days or fewer during the calendar year, and (b) the employees in excess of 50 employed during the 120-day period were seasonal workers.

Overview

The health care reform law does not specifically require employers to offer health coverage to their employees. However, beginning in 2014, regardless of whether or not an employer offers coverage to its full-time employees, a large employer (at least 50 full-time employees in the previous calendar year) may be potentially liable for a penalty if at least one of its full-time employees obtains subsidized coverage through an Exchange.

These rules are set forth in Section 1513 of the Patient Protection and Affordable Care Act, as amended by Section 1003 of the Health Care and Education Reconciliation Act of 2010. A report (dated April 5, 2010) issued by Congressional Research Service provides a summary of these employer penalties, as well as illustrative examples that you may find useful.

Who is counted as a full-time employee and a full-time equivalent employee?

A full-time employee is one who works an average of at least 30 hours per week. Part-time employees are counted as full-time equivalent employees. Seasonal workers are excluded unless they work for an employer for more than 120 days.

To determine the total number of full-time and full-time equivalent employees for a particular month for purposes of determining if the employer is a “large employer,” the employer must add together (a) the total number of full-time employees for the month, plus (b) a number that is equal to the total number of hours worked in a month by part-time employees, divided by 120.

Do these penalties apply to part-time employees?

Part-time employees are counted as full-time equivalent employees for purposes of determining whether an employer is a large employer subject to these penalties. However, part-time employees are not counted for purposes of calculating the actual penalty amount. An employer will not pay a penalty for any part-time employee, even if that employee receives subsidized coverage through an Exchange.

What is the penalty for not offering minimum essential coverage?

Beginning in 2014, if a large employer does not offer minimum essential coverage to its full-time employees (and their dependents), the employer will be subject to a monthly penalty if any full-time employee receives subsidized coverage through an Exchange. Generally, an employee may qualify for subsidized coverage through an Exchange if his or her household income is less than 400 percent of the Federal Poverty Level (currently, that level is set at $88,200 per year for a family of four and $43,320 for an individual).

*  The monthly penalty is equal to $2,000 divided by 12, multiplied by the number of full-time employees employed during the applicable month, not counting the first 30 full-time employees. Only full-time employees (not full-time equivalents) are counted for purposes of calculating the penalty. After 2014, the penalty amount may be indexed.

What is the penalty for providing minimum essential coverage that is not affordable?

*  If a large employer offers its full-time employees (and their dependents) the opportunity to enroll in coverage, the employer will be subject to a penalty if the employer-sponsored coverage does not provide “minimum value” or is “unaffordable” and one or more full-time employees receive subsidized coverage through an Exchange.

* Generally, employees who are eligible for employer-sponsored coverage are not eligible to receive subsidized coverage through an Exchange. However, an employee may qualify for subsidized coverage through an Exchange if his or her household income is less than 400 percent of the Federal Poverty Level (currently, that level is set at $88,200 per year for a family of four and $43,320 for an individual) and (a) the employer does not pay at least 60 percent of the allowed costs under the employer-sponsored plan (the coverage does not provide “minimum value), or (b) the employee’s required contribution for coverage exceeds 9.5 percent of the employee’s household income (the coverage is “unaffordable”).

* The monthly penalty is equal to $3,000 divided by 12, for each full-time employee receiving subsidized coverage through an Exchange for the month. However, the penalty will not be greater than the monthly penalty that would apply if the employer offered no coverage at all ($2,000 divided by 12, multiplied by the number of full-time employees employed during the applicable month, not counting the first 30 full-time employees). Only full-time employees (not full-time equivalents) are counted for purposes of calculating the penalty. After 2014, the penalty amount may be indexed.

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care information with him at all times when he travels, http://www.overseashealthinsurance.com/short-term.asp .  Keep our blog close by you, www.gntravelinsurance.com , for continual updates on the changes with the US health care system.

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Frequently asked questions and answers on preventive care, 2011 – Part 1

Wednesday, January 5th, 2011

Good Neighbor Insurance (www.gnazhealth.com and www.gninsurance.com) is continuing to update our clients on the new health insurance laws.   There are six major coverage options for those in the US and even though some of the rules and regulations are similar for all many differences are there and it all depends on how old you are and for whom you work.  Many critical details of this new insurance law will be clarified in the months and years to come. 

These six major coverage options are:

(1) Individual or family coverage (private health care plans)

(2) Employee/employer group option for small businesses (typically under 50 employees)

(3) Employee/employer group option for large businesses (typically larger than 50 employees)

(4) Exchange options through the state you are residing in (fully integrated 1-1-2014 and are quasi-government and private insurance coverage combined)

(5) Medicare (which include Parts A, B, C, and D) for those 65 years onwards

(6) Full government health plans like Medicaid, CHIP, TRICARE, VA and other coverage plans as may be designated by the Department of Health and Human Services based mostly on financial criteria and/or military service.

Some plans cover preventive care after an office visit copay. Can a copay still apply or must coverage be at 100%?
The regulations clarified that co-pays, deductibles and coinsurance are not permitted for preventive care services. If a plan uses a provider network, coverage is required at the in-network level only. Coverage of preventive care is permitted but not required out-of-network. If coverage is provided out-of-network, it can be subject to co-pays, deductibles, and coinsurance.

It appears that the preventive care legislation actually does not impact grandfathered plans. Please clarify this.
The prohibition on cost-sharing for preventive care does not apply to a grandfathered plan. Any plan in effect on March 23, 2010 would be a grandfathered plan, and the prohibition on cost-sharing for preventive care would not apply as long as the plan maintains its grandfathered status. Events that might cause a plan to lose its grandfathered status in the future have been clarified in regulations provided by the Secretary of Health and Human Services.

My plan covers preventive care at 100% up to a plan year maximum of $600. Charges that exceed the maximum then apply towards coinsurance (no deductible). How will the legislation impact that benefit?
Because preventive care is considered an essential health benefit, an annual or lifetime dollar limit is not permitted in-network. In addition, application of coinsurance to charges for preventive care services exceeding $600 would not be permitted under the in-network coverage.

My understanding of cost-sharing is that the customer will not have to pay a copay / coinsurance / deductible for preventive services. Do you know if this applies to both in-network and out-of-network doctors, or to in-network doctors only?
The PPACA regulations clarified that a plan can satisfy this requirement by eliminating patient out-of-pocket expenses solely for in-network preventive care services.

When will this no-cost-sharing-for-preventive-care requirement take effect?
The no-cost-sharing-for-preventive-care health requirement is effective for plan years beginning on or after September 23, 2010 (October 1, 2010 for plan years beginning on October 1, 2010), but is not applicable to grandfathered plans.

How is the recent healthcare reform legislation affecting vaccinations and the delivery of vaccines?
Under the new health care reform law, all non-grandfathered health plans will be required to provide a preventive benefit package that covers routine immunizations. Regulations from the Secretary of Health and Human Services require coverage of all immunizations and vaccines that are recommended by the Advisory Committee on Immunization Practices (ACIP).

Doug Gulleson loves to scuba dive overseas and makes sure he has his US health care and overseas health care, www.gninsurance.com , information with him at all times when he travels   Keep our blog close by you, www.gntravelinsurance.com, for continual updates on the changes with the US health care system.

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