September 2013 Strategic Considerations in Health Insurance Walking Through Changes and Options for...
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September 2013 Strategic Considerations in Health Insurance Walking Through Changes and Options for 2014 and Beyond Janet Trautwein National Association of Health Underwriters
September 2013 Strategic Considerations in Health Insurance Walking Through Changes and Options for 2014 and Beyond Janet Trautwein National Association
September 2013 Strategic Considerations in Health Insurance
Walking Through Changes and Options for 2014 and Beyond Janet
Trautwein National Association of Health Underwriters
Slide 2
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Resources and
Questions
Slide 3
Political Landscape Washingtons political dynamic is fractured
House actions are tempered by conservative pressure and tight
Democratic majority in the Senate and President Obama Show Me
mentality when it comes to the health reform law. Demonstrating
business impact extraordinarily important States are dealing with a
host of health reform issues Exchanges Medicaid Expansion Budget
Concerns Lack of Information from the Federal Government Extreme
variances in attitudes about implementation including amongst
branches of state government
Slide 4
Preparing for the Big Year Ahead! 2014 is going to bring great
changes to the world of health benefits The kinds of coverage
available will change, as will the requirements and options for
individuals, employers and employees Change can be scary but its
also a time of great opportunity The need for an educated insurance
broker to guide consumers and help them make strategic plan
decisions is greater than ever
Slide 5
Health Reform Implementation Already Implemented Being
Implemented This Year Still to Come Grandfathered plan requirements
and consumer-directed plan changes Summary of coverage requirements
for all plans Individual mandateAuto-enrollment for groups 200+
Small business tax credits for purchasing private coverage Exchange
notification requirements for all employers Employer
responsibility/ minimum value requirements for 50+ groups Automatic
expansion of state small group markets to 100 employees Sept. 23 rd
reforms- all plans Dependent coverage to 26 No pre-ex for children
Restrictions on rescissions and annual/lifetime limits Employee FSA
contributions capped at $2,500 Health insurance exchanges, private
coverage subsidies and Medicaid expansion in willing states States
can let large group join exchanges, triggering market reforms for
all fully- insured large groups Sept. 23 rd reforms for non-
grandfathered plans Preventive care 105h nondiscrimination rules
(enforcement delayed) New coverage appeals process Comparative
effectiveness research funding tax impacts all plans Insurance
market reforms and new coverage standards for individual/small
group market plans The Cadillac 40% excise tax goes into effect for
all high-value group plans, including self-insured plans Medical
loss ratio requirementsExpanded W2 reportingNew national premium
tax for fully-insured plans
Slide 6
?
Slide 7
What Has Actually Been Delayed So Far? Employer Mandate
PENALTIES Mandatory Employer Reporting to Exchanges SHOP employee
choice and premium aggregation (for FFM and Partnership States)
Other Federal Exchange Pare-Downs Out-of-pocket Limit
Transition
Slide 8
What Happened With OOP Limits? Rules on how health reforms
out-of-pocket limit provision would be implemented were announced
in February, but they just got a lot of national coverage due to a
New York Times story about them on August 13th OOP Limits apply to
all non-grandfathered group plans, including large groups and self-
funded plans New rules call for a limit calculation that is
stricter than what is traditionally applied todayall individual
copays count toward the total The February rules include transition
relief for health plans with more than one benefits administrator.
These plans don't have to combine their tallies of members out of
pocket spending into one total until 2015. If a plan does not
impose an OOP maximum for RX, they do not need to apply one until
2015. An exception to the new rule is for plans that use a separate
provider to run their behavioral health benefits. Under the Mental
Health Parity and Addiction Equity Act of 2008, health plans can't
apply separate out-of-pocket maximum limits for those benefits This
is not a true delay, but more of a phase-in that applies to certain
carriers and employer-sponsored plans
Slide 9
What is still happening? Individual mandate. The laws health
insurance market reforms that go into effect as of the first day of
the plan year that begins in 2014 Health insurance exchanges. The
marketplace notice. All employers subject to the Fair Labor
Standards Act (not just PPACAs employer mandate provisions) are
required to send a marketplace notice to all employees by October
1, 2013. The affordability/minimum value tests. These terms don't
just relate to the mandate, they are concepts relevant to ANY
employee if ANY employer (regardless of size) who is eligible for
employer sponsored coverage and who wishes to apply for a subsidy
in the exchange. Summaries of Benefit and Coverage PCORI Fee. The
transitional reinsurance fee, the new national health insurance
premium tax and other new taxes W-2 Reporting requirements. The
limit on Health FSA salary reductions.
Slide 10
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Resources and
Questions
Slide 11
Individual Mandate Are you: Part of a religious group with an
exception Incarcerated Undocumented resident American Indian Pay
more than 8% of take-home pay for employer coverage So low-income
you dont pay federal income taxes Someone who fall into a Medicaid
expansion coverage hole Some other hardship exemption Do you have:
Coverage through a job Coverage through an exchange/at least bronze
individual coverage Medicaid, Medicare, CHIP Tricare or VA Care
Student Health Plan Grandfathered plan No Penalty Penalty
2014Greater of 1% family income or $95 adult/$285 family maximum
2015Greater of 2% family income or $325 adult/$975 family maximum
2016Greater of 2.4% family income or $695 adult/$2085 family
maximum or YES NO
Slide 12
Proposed Rule on Minimum Essential Coverage Minimum Essential
Coverage Includes: Insurance policies sold in the small or large
group market Employer-sponsored group health plans (a group health
plan is a welfare arrangement under ERISA that provides medical
care to employees or dependents through insurance, reimbursement or
otherwise) Minimum Essential Coverage Does Not Include: Stand-alone
HRAs that are not integrated with a group health plan
HIPAA-excepted benefits such as: stand-alone vision or dental,
cancer-only policies, indemnity plans (hospital or disease),
accident or disability plans, on- site medical clinics and other
types of coverage listed in PHSA 2791(c)
Slide 13
The new availability of tax credits for qualified low income
people purchasing individual coverage through exchanges could be a
game changer. QUALIFIED individuals with family incomes between
100-400% of the federal poverty level will be eligible for sliding
scale premium tax credits that will cap the amount they may pay for
coverage. Individuals with family incomes at or below 250% of the
FPL also qualify for reduced cost-sharing.
Slide 14
The Congressional Budget Office estimates that individual
market premiums are going to be between 27-30% higher in 2014. The
Congressional Budget Offices Take on the Subsidies On average,
Exchange subsidies will only cover approximately 2/3 of premiums
The CBO says [new health care law market reforms will] have a much
greater effect on premiums in the nongroup [individual] market than
in the small group market, and they would have no measurable effect
on premiums in the large group market.
Slide 15
Who Gets A Subsidy? Subsidy Eligible?YesNo Single individual
who works for a company with 30 FTE employees that offers an
affordable bronze plan. X Spouse and children of an individual who
work for a company with 30 FTE employees that offers the whole
family affordable bronze coverage even though the cost of the
family coverage is too much for them because their family income is
275% FPL X Spouse of an individual who works for a large employer
with a spousal carve-out. Family income is 350% FPL X Employee and
family who are offered family coverage by a company with 30 FTE
employees, but even the single employee premium for the low-cost
bronze plan is unaffordable. X Individual with income of 85% FPL in
a state that does not expand Medicaid. X Single 25 year old male
with no employer coverage and an income of 125% of FPL that wants
to buy the exchanges young and invincible catastrophic plan. X
Slide 16
Premium Tax Credits Varying Impact Source: Kaiser Family
Foundations Subsidy Calculator IndividualFamily
StatusIncomePercentage of income dedicated to premium Estimated
value of the employees annual tax credit in 2014 30 year old with
qualified employer coverage Married, two children $35,0009.5% of
household income No one in the family qualified to buy subsidized
exchange coverage 30 year old with no employer coverage
Single$35,0009.5% of household income $945 (based on Kaiser Family
Foundations projection of a $3,426 annual single nonsmoker premium
in 2014) Individuals annual premium costs would be $2480 30 year
old with no employer coverage Married, two children $35,0002% of
household income $9,269 (based on the Kaiser Family Foundations
projection of a$9869 annual family nonsmoker premium in 2014)
Familys annual premium costs would be $600 45 Year old with
qualified employer coverage Married, three children $55,0009.5% of
household income $0 --No one in the family qualified to buy
subsidized exchange coverage 45 year old with no employer coverage
Single$55,000N/A$0 Individual may buy coverage in the exchange but
would not qualify for subsidy Individuals annual premium payments
would be $5,609 based on Kaiser Family Foundations projection of
2014 single premium 45 year old with no employer coverage Married,
two children $55,0007.36% of household income $6059 (based on
Kaiser Family Foundations projection of a $10,108 annual family
premium in 2014) Familys annual premium costs would be $4,049
Slide 17
How Will the Subsidies Work? Individuals and their dependents
who have been offered coverage through an employer that meets an
affordability and minimum value test are not eligible to purchase
coverage through an exchange and get a subsidy. Qualified
individuals with family incomes between 100-400% of the federal
poverty level are eligible for a premium tax credit. Individuals
with family incomes at or below 250% of the FPL also qualify for
reduced cost-sharing. While consumers can buy any type of policy,
the amount of the tax credit received is based on the premium for
the second lowest cost silver plan in the rating area where the
individual is eligible to purchase coverage. The law requires
consumers to contribute a specific percentage of income to the
premium. Its a sliding scale based on the federal poverty level.
The subsidy then makes up the difference between that amount and
the cost of the benchmark plan. The premium subsidy will come in
the form of a refundable and advanceable tax credit paid directly
to the individuals insurer.
Slide 18
What About Income Verification? Individual applies for exchange
coverage. Self- reports current household income. Income is
verified with most recent data from IRS and Social Security. If
there is more than a 10% income disparity, further checking ensues.
Federal exchanges will check every case. State exchanges may
double- check a sample. Additional verification will come through
voluntarily reported employer data and Equifax. If needed, the
individual may be asked to provide more substantiation data. If
none is provided, the tax credit advance payments will be halted.
Individuals will have to claim their credit on their annual income
tax filings. If income doesnt match-up with what was reported,
there will be tax consequences. Inappropriate subsidies must be
repaid. Amount is capped based on income, but if you make more than
400% of FPL the full subsidy must be repaid. Exception is there
will be no repayment of cost-sharing subsidies.
Slide 19
Medicaid Expansion
Slide 20
The elephant in the room is how is health reform going to
impact premium rates and the amount people actually pay for
coverage? Right now rate and price predictions are all over the
map.
Slide 21
Why can no one agree about the rate/price impact of health
reform? Rate comparisons with present-day policies may be hard
because in many cases rating factors, plan design requirements,
mandated benefit requirements and more will substantially different
than what is required today. In most cases, particularly in the
individual market, benefit packages will be richer, but networks
may be reduced. Many rate analyses do not take into consideration
new taxes and fees that will be included in premiums moving
forward. Most of the pricing impact will hit the individual and
small group markets. There are risk- sharing protections built into
those markets to protect against adverse-selection costs, but they
are untested. While rates have to be actuarially justified,
carriers are making big assumptions about market impact when
developing 2014 rates and there are wide variances. Subsidized
individuals will be shielded from price impact because the amount
they must spend is limited by income. But even though the
subsidized consumer wont personally absorb an increase, prices
remains the same.
Slide 22
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Resources and
Questions
Slide 23
As envisioned, streamlined, easy to use, consumer friendly,
neutral online marketplace for health insurance with one-stop
shopping for Medicaid, CHIP, subsidized coverage and other
individual coverage Subsidized coverage will only available for
individuals purchasing through an exchange, not those in an
employer group People with adequate and affordable group coverage
cannot leave group plan for subsidized individual exchange coverage
Obama Administration is attempting to rebrand Exchanges as
Marketplaces Three Governance Options: State-Owned and Operated
State-Federal Partnership Model Federal Fallback Exchange Certified
agents should be able to sell and service exchange-based policies
in all states and be compensated via means similar to todays market
23 Exchange Marketplace
Slide 24
State Exchange Decisions Coverage through the exchanges will
begin in every state on January 1, 2014, with enrollment beginning
October 1, 2013. State decisions and blueprints on oversight of the
exchanges were required by January 1, 2013 for a state-based
exchange and by February 15, 2013 for a partnership exchange or
federally- facilitated exchange. Even if a state elects a
state-based exchange, if they are not able to make the exchange
operational for consumers in time, or if their efforts are not
sufficient for certification by HHS, the federal government will
assume operations. Status of state exchange marketplaces Sixteen
states plus the District of Columbia declared that they intend to
establish a state- based marketplace and have received conditional
approval from HHS Mississippis application was rejected due to
conflict between the elected Insurance Commissioner and Governor
Utah has received conditional approval for a state-based SHOP
exchange only Seven states are planning to pursue a state-federal
partnership marketplace Twenty-six states will have a
federally-facilitated exchange in 2014
Slide 25
State Exchange Decisions for 2014 MissouriDefault to Federal
Exchange MontanaDefault to Federal Exchange 1 1 NebraskaDefault to
Federal Exchange 1 1 NevadaDeclared State-based Exchange New
HampshirePlanning for Partnership Exchange New JerseyDefault to
Federal Exchange New MexicoDeclared State-based Exchange New
YorkDeclared State-based Exchange North CarolinaDefault to Federal
Exchange North DakotaDefault to Federal Exchange OhioDefault to
Federal Exchange 1 1 OklahomaDefault to Federal Exchange
OregonDeclared State-based Exchange PennsylvaniaDefault to Federal
Exchange Rhode IslandDeclared State-based Exchange South
CarolinaDefault to Federal Exchange South DakotaDefault to Federal
Exchange 1 1 TennesseeDefault to Federal Exchange TexasDefault to
Federal Exchange Utah State-based SHOP and Default to Federal
Individual Exchange VermontDeclared State-based Exchange
VirginiaDefault to Federal Exchange 1 1 WashingtonDeclared
State-based Exchange West VirginiaPlanning for Partnership Exchange
WisconsinDefault to Federal Exchange WyomingDefault to Federal
Exchange AlabamaDefault to Federal Exchange AlaskaDefault to
Federal Exchange ArizonaDefault to Federal Exchange
ArkansasPlanning for Partnership Exchange CaliforniaDeclared
State-based Exchange ColoradoDeclared State-based Exchange
ConnecticutDeclared State-based Exchange DelawarePlanning for
Partnership Exchange District of ColumbiaDeclared State-based
Exchange FloridaDefault to Federal Exchange GeorgiaDefault to
Federal Exchange HawaiiDeclared State-based Exchange IdahoDeclared
State-based Exchange IllinoisPlanning for Partnership Exchange
IndianaDefault to Federal Exchange IowaPlanning for Partnership
Exchange KansasDefault to Federal Exchange KentuckyDeclared
State-based Exchange 1 1 LouisianaDefault to Federal Exchange
MaineDefault to Federal Exchange 1 1 MarylandDeclared State-based
Exchange MassachusettsDeclared State-based Exchange
MichiganPlanning for Partnership Exchange MinnesotaDeclared
State-based Exchange MississippiDefault to Federal Exchange 2
2
Slide 26
SHOP Exchange Update Statute gives great flexibility to states
regarding SHOP exchanges, but there are requirements for states in
the new final exchange rules. On May 31, 2013 HHS released final
rule on SHOP exchange establishment
http://www.ofr.gov/OFRUpload/OFRData/2013- 13149_PI.pdf
http://www.ofr.gov/OFRUpload/OFRData/2013- 13149_PI.pdf The final
rule delays the provision of the law that would allow a small
employee to choose multiple health plans to offer its employees, as
well as the required premium aggregation. Until 2015, the federal
SHOP Exchange will, instead, assist small employers in choosing a
single qualified health plan to offer their employees.
State-operated SHOP Exchanges may, but are not required to, apply
the same restrictions.
Slide 27
Inside and Outside Exchanges Changes Are Looming that Will
Impact Premiums Community rating that limits rate variability to
age, family status, smoker status and geographic area with an
overall variation of 3 to 1 meaning that the highest rate offered
for a product may be no more than three times the lowest rate.
Impacts Individual and Small Group plans Pricing Changes New
national premium tax, reinsurance fees, and comparative
effectiveness tax will impact rates in 2014 and beyond. Average tax
cost will be over $500 for a family premium in 2014 Premium tax
impacts all fully insured plans. Other insurer taxes and fees hit
all plans Other looming taxes like the medical device and RX taxes
will impact all consumers New Tax Burden
Slide 28
Other Changes Will Impact The Marketplace and Product Design
Qualified individual and small group plans will have to meet:
Essential health benefit requirements Actuarial value requirements
Cost-sharing limitations Separate small group deductible cap of
$2000/$4000 HHS may provide some relief, on the deductible cap, but
details are still unclear Recent HHS decision means all plans,
including large group and self funded, will have to meet
Out-of-pocket limits tied to the HSA deductible limits with
transition relief for 2014 Plan Design Changes Qualified individual
market purchasers with family incomes between 100-400% of FPL
through the new exchanges. Subsidies are not available to
Medicaid-eligible individuals. Subsidies
Slide 29
Participation Requirements HHS rules have prohibited
participation and contribution requirements for large group market
issuers and required small group carriers to have a
requirement-free open enrollment period from Nov 15-Dec 15 annually
Unknowns right now include: Will carriers limit small group
participation/contribution requirement reprieves to the one month
November 15-December 15 open enrollment window? Will exchange
coverage be counted as a valid waiver? Is the stop-loss marked
affected and in any case how will it react?
Slide 30
Does A Renewal Date Change Help? Employers and carriers have
contemplated the idea of changing renewal dates to delay PPACA
compliance and related costs Changing a renewal date is a
complicated decision and a responsible broker needs to help clients
weigh all involved factors Market reforms are generally implemented
on a plan-year basis, but individual mandate is not. There are some
employer mandate transition relief options for non-calendar year
plans, but a renewal date switch generally negates them. Its still
unclear how transition relief will work with the mandate penalty
delay. There may be Cafeteria plan considerations Current rules
require documentation of a sound business reason for a renewal date
change and a switch may trigger a DOL audit. Recent HHS changes to
participation and contribution requirements and the creation of a
November 15-December 15 open enrollment period could be a business
reason for a change.
Slide 31
What about Self-Funding? Increased interest in self-funding
amongst smaller and midsized groups Increased interest in the
integration of self-funded options with other group coverage
options Participation requirement changes in the fully-insured
market could change dynamics DOL requested more information about
small group self-funding last year and is conducting annual market
studies Market interest in self-funded workarounds has already
resulted in DOL guidance about changes for HRAs. They need to be
attached to a group chassis. Some states are looking at regulation
of attachment points as a way of limiting smaller group
self-funding More increased interest may bring even more increased
regulatory scrutiny
Slide 32
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Resources and
Questions
Slide 33
Slide 34
Employer Responsibilities Under PPACA Its Not Just The Mandate
Employers are also responsible for maintaining a PPACA-compliant
plan, which includes adherence to market reform requirements,
notice requirements, MLR requirements, etc. While health insurance
carriers assume some responsibility for fully insured plans, there
are compliance burdens for all size employers too The Department of
Labor has the primary responsibility for enforcing plan compliance
via audits and other means Significant funds have been directed to
the DOL for health-reform specific audits, and Audit triggers
include employee complaints, DOLs memorandum of understanding with
the IRS, and plans relationships with third-parties including
agents There can be significant penalties for noncompliance, with
fines of up to $100 per day per violation. Educating and assisting
employers with their compliance responsibilities can be a
significant opportunity for a producer
Slide 35
Employer Coverage Market Requirements Employer Coverage
Requirements Policies sold in the small or large group market and
employer-sponsored group health plans must comply with market
reforms under the ACA and certain other HIPAA/ERISA/COBRA benefit
rules (including but not limited to): dependent child coverage to
age 26, prohibition on preexisting condition exclusions, preventive
services with no cost sharing, prohibition on annual/lifetime
dollar limits on any EHBs offered, waiting period limitations,
cost-sharing limits group health plan reporting and disclosure
clinical trials coverage mental health parity, etc. Policies sold
in the small or large group insurance market must also comply with
state insurance market reforms and state benefit mandates
Slide 36
Other Employer Requirements Currently delayed enforcement but
rules governing all fully insured plans expected before 2014 IRS
Nondiscrimination Rules Large employers must report health plan
value on 2012 W2s on forward Requirement currently optional for
employers that issue less than 250 W2s For informational purposes,
not the taxation of benefits W2 Reporting Employers with more than
200 employees will have to begin auto-enrolling new employees in
benefit plans Still need regulations on how opting out will work,
coverage waivers, waiting periods, etc. Effective date is
unclearnot until 2015 at least Auto Enrollment
Slide 37
Employer Responsibilities Regarding Exchanges All employers
that offer group health benefits are going to have responsibilities
regarding the exchanges, even if they do not want to purchase
exchange-based coverage or isnt eligible to purchase exchange
coverage. Exchange Notices Coverage Verification Individual Mandate
Employer Mandate Subsidies Quality reporting
Slide 38
Employers Have To Provide Exchange Notices All employers
subject to the Fair Labor Standards Act must provide notice to
current employees and new hires about exchange and subsidies.
Requirement is based on FLSA applicability, not based on whether or
not the employer offers coverage. Employers must provide a notice
of coverage options to each employee, regardless of plan enrollment
status (if applicable) or of part-time or full- time status.
Employers are not required to provide a separate notice to
dependents or other individuals who are or may become eligible for
coverage under the plan but who are not employees Current employees
must receive the notice by October 1, 2013. Employers are required
to provide the notice to each new employee at the time of hiring
beginning October 1, 2013. For 2014, the DOL will consider a notice
to be provided at the time of hiring if the notice is provided
within 14 days of an employees start date.
Slide 39
FLSA Applicability FLSA covered enterprises are unified
operations or common controlled organizations for a common business
purpose and: 1. Whose annual gross volume of sales made or business
done is not less than $500,000 (exclusive of excise taxes at the
retail level that are separately stated); or 2. Who is engaged in
the operation of a hospital, an institution primarily engaged in
the care of the sick, the aged, or the mentally ill who reside on
the premises; a school for mentally or physically disabled or
gifted children; a preschool, an elementary or secondary school, or
an institution of higher education (whether operated for profit or
not for profit); or 3. Who is an activity of a public agency. The
#1 section of FLSA applicability was revised in 1990 to include the
$500,000 test. Entities that were subject to the FSLA before that
test was implemented continue to be subject to the overtime pay,
child labor and recordkeeping provisions of the FLSA, but they are
not subject to the PPACA exchange notice provisions. The notice
requirement does apply to the following, regardless of their dollar
volume of business: hospitals; institutions primarily engaged in
the care of the sick, aged, mentally ill, or disabled who reside on
the premises; schools for children who are mentally or physically
disabled or gifted; preschools, elementary and secondary schools,
and institutions of higher education; and federal, state, and local
government agencies.
Slide 40
Model Exchange Notices DOL has model notices available online
http://www.dol.gov/ebsa/newsroom/tr13-02.htmlhttp://www.dol.gov/ebsa/newsroom/tr13-02.html
Employers may use one of these models, as applicable, or a modified
version, provided the notice meets the content requirements.
Required notice content includes: Informing the employee of the
existence of the Exchange including a description of the services
provided by the Marketplace, and the manner in which the employee
may contact the Marketplace to request assistance; If the employer
plan's share of the total allowed costs of benefits provided under
the plan is less than 60 percent of such costs, that the employee
may be eligible for a premium tax credit and If the employee
purchases a qualified health plan through the Marketplace, the
employee may lose the employer contribution (if any) to any health
benefits plan offered by the employer and that all or a portion of
such contribution may be excludable from income for Federal income
tax purposes. Model language allows for the employer to skip the
questions about minimum value its not known and allows the employer
to project what 2014 benefits and employer contributions will be if
the plan year will change within three months
Slide 41
Coverage Concepts All Employers (and Employees) Need to Know
The concepts of minimum essential coverage, affordable coverage and
minimum value coverage arent just important for employers who are
subject to the laws shared responsibility requirements. All
employers of all sizes who offer any type of coverage will need to
know if the coverage they offer meets these concept tests. All
employees of all types (FT, PT, seasonal, etc.) will need to know
what kinds of coverage has been offered to them (if they if they
seek a subsidy through the exchanges.
Slide 42
Coverage Tests Affordable Minimum Value Employees share of the
premium cannot exceed 9.5% of household income. Affordability test
is based on the cheapest minimum value plan the employer offers.
HRA contributions under certain circumstances are factored into the
affordability calculation. Proposed rule only allows
nondiscriminatory tobacco cessation programs, not other wellness
programs to count towards affordability Test is also based on the
employee-only rate, regardless of whether or not the employee
selects family or dependent coverage Lowest tier plan must be at
least a 60% actuarial value Actuarial value is based on
cost-sharing and out-of pocket expenses, not premiums Employer
contributions to account-based plans will factor into actuarial
value Proposed rule only allows nondiscriminatory tobacco cessation
programs, not other wellness programs to count towards actuarial
value, with some transition relief for 2014. Administration has a
calculator and there are other safe harbors employer can use Small
groups that offer Bronze QHPs or higher meet the minimum value
standard
Slide 43
Minimum Essential Coverage Minimum essential coverage is the
standard individuals need to meet to complete the individual
mandate requirements and employers need to meet to avoid a no
coverage penalty. It includes the following: Employer-sponsored
coverage (including COBRA coverage and retiree coverage) Coverage
purchased in the individual market Medicare Part A coverage and
Medicare Advantage Most Medicaid coverage Children's Health
Insurance Program (CHIP) coverage Certain types of veterans health
coverage administered by the Veterans Administration TRICARE
Coverage provided to Peace Corps volunteers Coverage under the
Nonappropriated Fund Health Benefit Program Minimum essential
coverage does not include coverage providing only limited benefits,
such as coverage only for vision care or dental care, Medicaid
covering only certain benefits such as family planning, workers'
compensation, or disability policies. The Department of Health and
Human Services (HHS) has authority to designate additional types of
coverage as minimum essential coverage.
Slide 44
Employers Will Also Have To Help The Exchanges Verify Coverage
HHS will use data from insurance exchange markets to determine
whether people have coverage when the individual mandate takes
effect in 2014 Determining whether an individual has coverage for
individual mandate enforcement will involve getting information
from both employees and employers These procedures are separate
from the IRS procedures for determining employer penalties under
the employer play-or-pay mandate Mandatory employer reporting for
both the individual and employer mandates will not begin until 2015
In 2014, employees will be able to present a voluntary reporting
form to employers to assist with verification Voluntary reporting
will help preserve the stability of employer groups and help
prevent employees from being awarded subsidies inappropriately that
will eventually have to be paid back
Slide 45
Is It Party Time? The delay of the employer mandate penalties
has many employers and brokers wondering if we can we all stop
counting employees right now, relax for a year and then start back
up with all of this next summer? NAHU strongly urges our membership
to use 2014 as a transition year with your clients. Its a great
opportunity to test employee counting strategies, managing hours
worked, etc. and to assess liabilities and system vulnerabilities
without significant financial consequences!
Slide 46
Helping Your Clients Make The Right Decisions There are a
number of online calculators out there that can tabulate potential
penalties and also potential individual exchange subsidy awards.
NAHU has an online decision tool to use with your employer clients.
https://members.nahu.org/NAHU_Prod_Imis/?ReturnUrl=https://membe
rs.nahu.org/nahu_prod_imis/SSO/BounceBack.aspx?doRedirect=http://
www.nahu.org/members/benefits/acatool.cfm
https://members.nahu.org/NAHU_Prod_Imis/?ReturnUrl=https://membe
rs.nahu.org/nahu_prod_imis/SSO/BounceBack.aspx?doRedirect=http://
www.nahu.org/members/benefits/acatool.cfm The Kaiser Family
Foundation maintains the most accurate subsidy calculator
available, although it has its limitations
http://healthreform.kff.org/subsidycalculator.aspx But its not just
about doing the penalty math. When making coverage decisions you
have to work with your employer clients and lead them through a
holistic decision making process. All of the new options on the
table for employers translate into an excellent opportunity for an
educated and motivated broker.
Slide 47
Other Points to Consider About Offering Coverage There are no
penalties or employer responsibility requirements now, yet most
employers offer coverage today. Penalties may increase over time as
more employers choose to pay penalties rather than provide
coverage. Penalties do not fully offset coverage costs in exchange,
adding incentive for increases in penalty amounts. If employer
increases salary to make up for lost benefits, employer FICA tax
obligations will also increase; whereas employer-sponsored benefits
are excluded from income. Employers who offer coverage rarely, if
ever have a 100% take-up rate. However, employers who fail to offer
coverage pay penalties for 100% of eligible workers. If employees
choose to remain uninsured rather than seek coverage, increased
absenteeism and presentee-ism may result. Furthermore, workers
compensation costs may go up for what are actually non-work related
health costs. Employers that drop coverage generally must drop it
for allin all likelihood management carve outs will be tough to
maintain post-2014 Competitors may seek an advantage by offering
coverage There may be a PR back-lash for not offering coverage
Slide 48
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Resources and
Questions
Slide 49
Slide 50
Slide 51
Good brokers have already been talking to their clients about
what they know about ACA for some time. Brokers that aren't doing
extensive ACA outreach are in danger of losing their clients..
Slide 52
Agents and Brokers and Exchanges Heres what we know and have
been able to achieve regarding agents and brokers and marketplaces
today: Unless a state specifically acts to exclude agents from
marketplaces, it is assumed that agents and brokers can continue to
assist their clients and sell and service exchange-based products,
including subsidized policies, and be compensated for doing so. So
far, no state has acted to exclude agents and brokers, and in fact
they have primarily embraced the agent community. Even when the
state elects a federally facilitated or partnership exchange, state
insurance regulators are expected to maintain their current roles
of overseeing agents and brokers in their insurance markets,
including licensure requirements, appointments with issuers, and
any compensation standards. QHP issuers participating in
federally-facilitated and partnership exchanges must pay the same
commission for a QHP sold inside and outside of an Exchange.
Slide 53
Agents and Broker Training and Certification State-based
exchanges are developing their own specific training and
certification requirements for agents. In many cases, they are
using NAHU and local brokers as partnership resources with regard
to training and certifying agents and brokers. In states that have
elected a Federally-facilitated or Partnership exchange, all agents
and brokers must register with CMS so that they may assist
qualified individuals for individual coverage. Agent registration
and training is scheduled to begin in the summer of 2013, prior to
open enrollment. In completing the registration process, the agent
or broker will: (1) Confirm his or her identity by answering a
number of simple questions online (2) Complete a
Marketplace-specific online training course (3) Agree to comply
with federal and state laws, rules, standards and policies,
including those related to privacy and security policies
Slide 54
Agent and Broker Access to Exchanges In FFE and Partnership
states, producers will be able to assist consumers in three ways:
(a) an issuer-based pathway, through which an agent or broker uses
an issuers website to assist the consumer; (b) a Marketplace
pathway, through which an agent or broker assists the consumer
using the Marketplace website; (c) through the web-based broker
State-based exchanges are utilizing similar methodologies to
provide broker access. Market-based option is clunkyno long-term
access to application data, limited product comparisons, requires
consumer to input producer numbers correctly Some carriers are
telling us they will not have their Marketplace pathway ready by
October 1 Web-broker platform may be most efficient pending the In
any case, brokers in federal exchange states will have to use a
combination approach to market to clients For successful
implementation, broker access is KEY!
Slide 55
Getting People Covered PPACA requires every exchange to have a
Navigator program to facilitate health plan enrollment. Agents and
brokers are specifically listed by the law as one of the groups
that may be Navigators, but the law also stipulates a
compensation/financing method that conflicts with traditional agent
compensation structures. HHS has also created two new categories of
individuals to help people find health insurance coverage via
exchangesAssisters and Application Counselors To ensure consumer
protection, the law specifies that navigators (and related
non-navigator assistance personnel) must meet any state-level
licensure or certification requirements.
Slide 56
Oversight of Navigators A proposed rule issued on April 3, 2013
outlines federal standards for both Navigators and non-navigator
assistance personnel.
http://www.gpo.gov/fdsys/pkg/FR-2013-04-05/pdf/2013-07951.pdf
http://www.gpo.gov/fdsys/pkg/FR-2013-04-05/pdf/2013-07951.pdf
Navigators are subject to conflict of interest standards and will
receive annual exam-based training Exchanges must have at least two
entities serving as navigators, and least one Navigator must be
community/consumer focused non-profit States may impose additional
requirements for navigators and/or assisters operating in their
state, even if they have elected a federally-facilitated or
partnership exchange Over twenty states have
Slide 57
Recap/Political Overview Whats About to Change For Individuals
Whats About to Change in the Marketplace Whats About to Change for
Employers Whats About to Change for Agents/Brokers Recap and
Questions
Slide 58
Which Provisions Apply? ProvisionGroup Size Employer Mandate
(Must offer FT employees affordable and minimum value coverage to
avoid penalty) 50+ FT Equivalents Uses a new definition of FT
employee of 30 hours/week PT employees count on a pro-rata basis to
determine applicability but do not need to be offered coverage IRS
Controlled Group Rules Apply W2 Reporting (Must report value of
health benefitsjust reporting, no taxation) Requirement
applicability is currently clear for 2012 (W2 issued in 2013) ONLY
Mandatory for groups that issue 250 or more W2s. Optional for other
groups for 2012 but will eventually apply to all. Applicability
"based upon the rule in 6011(e) that exempts employers from filing
returns electronically if they file fewer than 250 returns." Groups
should verify with CPA but generally can apply on a separate
employer basis unless the group uses a common paymaster. Cadillac
Tax (begins in 2018) All group health plans Auto-Enrollment
(effective date unclear but at least 2015) All groups of 200 or
more employees
Slide 59
Which Provisions Apply? ProvisionGroup Size Applicability
Market Reforms (Required to buy a qualified health plan, EHBs,
metal levels, MCR, etc.) State definition of small group until
December 31, 2015 Effective January 1, 2016 small group definition
becomes 1-100 for all states If a state allows large groups in the
exchange after 2017, then market rules apply to them too
Grandfathered plans exempt Small Group Deductible Cap State
definition of small group until December 31, 2015 Effective January
1, 2016 small group definition becomes 1-100 for all states
Grandfathered plans exempt HHS has provided some relief to carriers
for QHP offerings that cannot meet the cap and still offer a bronze
plan through 2016 Maximum Out-of-Pocket Limits Tied to annual HSA
limits and includes deductibles and other costs sharing New
guidance suggests they apply to all non-grandfathered plans,
including large group and self-funded plans Exchanges Individual
plans (only policies that are eligible for premium subsidy) State
definition of small group for SHOP exchange until 2016 Effective
January 1, 2016 small group definition becomes 1-100 for all states
Sole proprietors currently not SHOP eligible Post January 1, 2017 a
state may elect to allow larger groups into the SHOP exchange
Grandfathered plans exempt
Slide 60
Which Provisions Apply? ProvisionGroup Size Applicability 105 H
Non Discrimination Rules All fully insured and self-funded group
health plans except grandfathered plans Currently not enforced for
fully insured plans, but rules specially designed for these plans
expected to be promulgated in 2013 Summary of Benefits and Coverage
All individual and group plans Age 26, Rescissions, Prohibitions on
benefit limits All individual and group plans Preventive Care,
Claims appeals and provider choice and out-of-network emergency
care All individual and group plans except grandfathered plans New
National Premium Tax Individual and fully insured groups Employer
Reporting to Exchanges All group plansguidance pending New National
Reinsurance Fee All individual and group plans
Slide 61
NAHU Resources to Help Washington Update Compliance Corner
Resources and Webinars Customized Answers to Compliance Questions
FAQs PPACA Certification Course New Health Reform Decision Tool for
Employer Clients
Slide 62
Health reform is complicated. Your can help your clients avoid
this situation!