How did we get here?

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Health Care Reform Health Care Reform What it means to Employers What it means to Employers Neil Crosby Neil Crosby Director of Sales – Warner Pacific Director of Sales – Warner Pacific Vice President of Public Affairs Vice President of Public Affairs - - CAHU CAHU

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Health Care Reform Health Care Reform What it means to Employers Neil Crosby Director of Sales – Warner Pacific Vice President of Public Affairs - CAHU. How did we get here?. Health Care Cost Increases Health Insurance Rate increases Under Insured Un Insured. The New Law. House Bill - PowerPoint PPT Presentation

Transcript of How did we get here?

Page 1: How did we get here?

Health Care ReformHealth Care Reform

Health Care Reform Health Care Reform What it means to EmployersWhat it means to Employers

Neil CrosbyNeil CrosbyDirector of Sales – Warner PacificDirector of Sales – Warner Pacific

Vice President of Public AffairsVice President of Public Affairs - - CAHUCAHU

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How did we get here?How did we get here?

Health Care Cost IncreasesHealth Care Cost Increases

Health Insurance Rate increasesHealth Insurance Rate increases

Under InsuredUnder Insured

Un InsuredUn Insured

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The New LawThe New Law

House BillHouse Bill

Senate BillSenate Bill

ReconciliationReconciliation

Like it or not…It’s the LawLike it or not…It’s the Law

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The Public wants to The Public wants to know…know…

Service ClubsService Clubs

Chamber of CommerceChamber of Commerce

Business AssociationsBusiness Associations

Employer GroupsEmployer Groups

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Employers Want To Employers Want To Know ?Know ?

Effects on me as the Employer?Effects on me as the Employer?

Effects on my Employees?Effects on my Employees?

How much is it going to cost me?How much is it going to cost me?

What do I have to do?What do I have to do?

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HR 3590 – An OutlineHR 3590 – An Outline

Details are fewDetails are few

General ProvisionsGeneral Provisions

Basic TimelinesBasic Timelines

All subject to ChangeAll subject to Change

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Information PortalsInformation Portals

HHS created an Information PortalHHS created an Information Portal

www.HealthCare.gov

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High Risk PoolsHigh Risk Pools

Begins in 2010Begins in 2010

Creates ‘new’ Pool – PCIP – Pre-Existing Creates ‘new’ Pool – PCIP – Pre-Existing Condition Insurance PlanCondition Insurance Plan

Un-Insured for 6 months, Declined Un-Insured for 6 months, Declined Coverage, US CitizenCoverage, US Citizen

Safety Net Program funded by Federal GovSafety Net Program funded by Federal Gov

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Grandfathered PlansGrandfathered Plans

Lots of Questions…Lots of Questions…

Plans in place on March 23, 2010Plans in place on March 23, 2010

If my Employer makes even a simple If my Employer makes even a simple change in their plan, does it lose change in their plan, does it lose Grandfathered status…stay tunedGrandfathered status…stay tuned

Employers that had Renewals: April, May, Employers that had Renewals: April, May, JuneJune

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Grandfathered DetailsGrandfathered Details Cannot Cut or Reduce Benefits for DiseasesCannot Cut or Reduce Benefits for Diseases Cannot Raise Co-InsuranceCannot Raise Co-Insurance Cannot raise Co-PaymentsCannot raise Co-Payments Cannot raise Deductibles Cannot raise Deductibles Cannot significantly lower ER Contribution: Cannot significantly lower ER Contribution:

5%5% Cannot change InsurersCannot change Insurers

Stay GF: Accept Renewals with No ChangesStay GF: Accept Renewals with No Changes

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Why Stay Why Stay Grandfathered ?Grandfathered ?

New Discrimination RulesNew Discrimination Rules Cannot ‘favor’ the more highly Cannot ‘favor’ the more highly

compensatedcompensated Management CarveoutsManagement Carveouts Salaried verses HourlySalaried verses Hourly Management verses Non-ManagementManagement verses Non-Management Better Plan for one ClassBetter Plan for one Class Pay more of the Premium for some Pay more of the Premium for some

EmployeesEmployees

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Small Business Tax Small Business Tax CreditsCredits

Begins with the 2010 Tax YearBegins with the 2010 Tax Year

Credit on Business’ Annual Tax Credit on Business’ Annual Tax ReturnReturn

Retro tax credit to January 2010Retro tax credit to January 2010

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Tax Credits- Who is Tax Credits- Who is EligibleEligible

Small Business onlySmall Business only

Less than 25 Full Time Employees Less than 25 Full Time Employees (FTE’s)(FTE’s)

Income ‘average’ less than $50K per FTEIncome ‘average’ less than $50K per FTE

Owners & Families excluded from Owners & Families excluded from CalculationCalculation

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Tax Credit - GuidelinesTax Credit - Guidelines

Only Premium paid by the Employer is Only Premium paid by the Employer is eligible for the Crediteligible for the Credit

Employer must pay a minimum of 50% Employer must pay a minimum of 50% of EE premium.of EE premium.

Premium counted toward Credit may Premium counted toward Credit may not exceed an ‘average premium’ as not exceed an ‘average premium’ as set by HHS EE: $ 385 Family: $ set by HHS EE: $ 385 Family: $ 913913

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Tax Credit - AmountsTax Credit - Amounts 2 – 9 FTE’s2 – 9 FTE’s Income average less than $25K per FTEIncome average less than $25K per FTE Maximum Credit: 35%Maximum Credit: 35%

10 – 24 FTE’s10 – 24 FTE’s Income average less than $50k peer Income average less than $50k peer

FTEFTE Credit varies based on a ‘reduction Credit varies based on a ‘reduction

formula ‘ reducing from the Maximum formula ‘ reducing from the Maximum Credit of 35%Credit of 35%

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Tax Credit GoalsTax Credit Goals

Encourage small Employers to Obtain Encourage small Employers to Obtain new coverage, or Retain current new coverage, or Retain current coveragecoverage

On average…On average…

Only 10-15% Qualify for the Tax CreditOnly 10-15% Qualify for the Tax Credit

Only 10-15% is received in a Tax CreditOnly 10-15% is received in a Tax Credit

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Expansion of Child Expansion of Child CoverageCoverage

Begins October 1, 2010 and sooner with most CarriersBegins October 1, 2010 and sooner with most Carriers

All Group & Individual Plans, including Self InsuredAll Group & Individual Plans, including Self Insured

Through age 25 up to age 26Through age 25 up to age 26

Currently enrolled DependentsCurrently enrolled Dependents

Not currently enrolled, upon renewal 10-1-10 or laterNot currently enrolled, upon renewal 10-1-10 or later

Dependents may be Married and even live elsewhereDependents may be Married and even live elsewhere

Covers only the Dependent, not Spouse or ChildrenCovers only the Dependent, not Spouse or Children

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Maximum Benefit LimitsMaximum Benefit Limits

Begins 2010Begins 2010

Lifetime Benefit Limits will be Lifetime Benefit Limits will be prohibitedprohibited

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Various ProvisionsVarious Provisions

Begin 2010Begin 2010

Children not subject to Pre-Existing Children not subject to Pre-Existing Condition Limitations / Guarantee Condition Limitations / Guarantee Issue ? Issue ?

Federal Grant program for small Federal Grant program for small Employers offering Wellness Employers offering Wellness programsprograms

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Rate ReviewRate Review

Begins 2010Begins 2010

HHS – May prevent ‘unreasonable’ HHS – May prevent ‘unreasonable’ rate increasesrate increases

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Mass as an ExampleMass as an Example No Rate increase allowed in 2010No Rate increase allowed in 2010

6 Carriers denied6 Carriers denied

For Profit / Not for ProfitFor Profit / Not for Profit

Official's email warningOfficial's email warning

Ins Commissioner – “Statements Ins Commissioner – “Statements unprofessional and counterproductive” unprofessional and counterproductive”

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2011 Provisions2011 Provisions

Employer sponsored premiums on W-2Employer sponsored premiums on W-2

Prohibits ‘OTC’ drug reimbursements Prohibits ‘OTC’ drug reimbursements from FSA’s, HSA, HRAfrom FSA’s, HSA, HRA

Penalties for HSA non-qualified Penalties for HSA non-qualified withdrawals increase from 10% to 20%withdrawals increase from 10% to 20%

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The CLASS ActThe CLASS Act Community Living Assistance Services and Community Living Assistance Services and

Supports Act ( CLASS Act )Supports Act ( CLASS Act ) Creates a new MediCare like program – LTCCreates a new MediCare like program – LTC Begin paying into – 2011Begin paying into – 2011 Won’t start until 2013Won’t start until 2013 5 Year Deductible Period (2018?)5 Year Deductible Period (2018?) Estimated Premium: $240 per month/per Estimated Premium: $240 per month/per

employeeemployee Maximum potential benefit: $75 per dayMaximum potential benefit: $75 per day Must meet Minimum Income 3 of 5 years /No Must meet Minimum Income 3 of 5 years /No

BenefitBenefit

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2013 Provisions2013 Provisions New cap on ‘Medical’ FSA contributions New cap on ‘Medical’ FSA contributions

of $2,500 annuallyof $2,500 annually

MediCare Hospital Tax:MediCare Hospital Tax: 1.45% to 2.35% for high income earners1.45% to 2.35% for high income earners New 3.8% Tax on net investment incomeNew 3.8% Tax on net investment income Could even be when selling a HomeCould even be when selling a Home

Both: $200k Indvl / $250K JointBoth: $200k Indvl / $250K Joint

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ExchangesExchanges

Begins 2014Begins 2014

Requires States to create an Requires States to create an Exchange for IndividualsExchange for Individuals

A ‘Shop Exchange for small GroupsA ‘Shop Exchange for small Groups

Or may combine into one ExchangeOr may combine into one Exchange

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Market ReformsMarket Reforms

Begins 2014 Begins 2014 Guarantee Issue in all marketsGuarantee Issue in all markets No Pre-Ex Condition LimitationsNo Pre-Ex Condition Limitations Waiting Periods may not exceed 90 Waiting Periods may not exceed 90

daysdays Low income subsidies begin – Low income subsidies begin –

Affordability Credits up to 400% of FPLAffordability Credits up to 400% of FPL Redefines Small Group as 1-100Redefines Small Group as 1-100

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Rating MethodsRating Methods

Begins 2014Begins 2014

Individual & Group – Strict modified Individual & Group – Strict modified community rating standardscommunity rating standards

Premium variations allowed only for: Premium variations allowed only for: Tobacco(50%), Family, GeographyTobacco(50%), Family, Geography

Premium Ratio: 3/1Premium Ratio: 3/1

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Employer MandateEmployer Mandate

Begins 2014Begins 2014 Applies to Employers of 50+Applies to Employers of 50+ Don’t have to provide coverageDon’t have to provide coverage

If even 1 employee receives a subsidy If even 1 employee receives a subsidy and buys coverage through the and buys coverage through the Exchange the Employer will face Exchange the Employer will face penaltiespenalties

$2000 Fine Per Employee$2000 Fine Per Employee

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Affordable PlansAffordable Plans

Employer offered plansEmployer offered plans

EE portion exceeds 9.5% of EE portion exceeds 9.5% of household incomehousehold income

$3,000 Fine$3,000 Fine

One third of EmployersOne third of Employers

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Employer VouchersEmployer Vouchers Begins 2014Begins 2014

Notification to Employees about the Exchange Notification to Employees about the Exchange begins March 1, 2013.begins March 1, 2013.

Employers must issue Vouchers in the amount Employers must issue Vouchers in the amount they contribute now, to employees who wish to they contribute now, to employees who wish to buy through the Exchangebuy through the Exchange

Only to Employees under 400% of FPLOnly to Employees under 400% of FPL

Employees may ‘keep the change’…Employees may ‘keep the change’…

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Auto EnrollmentAuto Enrollment

Begins 2014Begins 2014

Employers with 200+ Employers with 200+

Must ‘enroll’ all new employeesMust ‘enroll’ all new employees

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Benefit RequirementsBenefit Requirements

Begins 2014Begins 2014

Limited Benefit packagesLimited Benefit packages

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Deductible MaximumDeductible Maximum

Begins 2014Begins 2014

Deductible cannot exceed:Deductible cannot exceed:

Individual: $ 2,000Individual: $ 2,000 Family: $ 4,000Family: $ 4,000

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Individual MandateIndividual Mandate

Begins 2014Begins 2014

Requires all American Citizens and Requires all American Citizens and Legal Residents to buy qualified Legal Residents to buy qualified coveragecoverage

Unless…Unless…

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Individual Mandate - Individual Mandate - ExclusionsExclusions

Religious objectorsReligious objectors Those not lawfully presentThose not lawfully present Incarcerated individualsIncarcerated individuals Members of Indian TribesMembers of Indian Tribes Taxpayers under 100% of FPLTaxpayers under 100% of FPL Those with No tax liabilityThose with No tax liability Those who were not covered for Those who were not covered for

‘less than 3 months’‘less than 3 months’

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Individual PenaltiesIndividual Penalties

2014 Lesser of 1 % of Income or $ 952014 Lesser of 1 % of Income or $ 95

2015 Lesser of 2 % of Income or $ 3252015 Lesser of 2 % of Income or $ 325

2016 Lesser of 2.5% of Income or $ 6952016 Lesser of 2.5% of Income or $ 695

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Insurer FeesInsurer Fees

2014 $ 8 Billion2014 $ 8 Billion

2018 $ 14.3 Billion2018 $ 14.3 Billion

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Cadillac TaxCadillac Tax

Begins 2018Begins 2018

Meant as a Revenue builderMeant as a Revenue builder

40% Excise Tax40% Excise Tax Individuals: $10,200Individuals: $10,200 Families: $27,500Families: $27,500

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Potential ScenariosPotential Scenarios

November 2010 Congressional November 2010 Congressional ElectionsElections

November 2012 Presidential ElectionNovember 2012 Presidential Election

Political Movement within America & Political Movement within America & CaliforniaCalifornia

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Rasmussen ReportRasmussen Report

57 % Americans - Favor Repeal57 % Americans - Favor Repeal

59% Americans – Costs will Increase 59% Americans – Costs will Increase due to the Lawdue to the Law

51 % Americans – Law is ‘bad for the 51 % Americans – Law is ‘bad for the Country’Country’

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US Chamber of US Chamber of CommerceCommerce

78% of Employers feel their Costs 78% of Employers feel their Costs will Increase due to the new Lawwill Increase due to the new Law

65% Oppose the new Law altogether65% Oppose the new Law altogether

55% Less likely to hire new 55% Less likely to hire new Employees due to the new LawEmployees due to the new Law

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NBC / WSJNBC / WSJ

51% of Americans feel it would be 51% of Americans feel it would be acceptable if the November acceptable if the November Elections result in an Appeal of the Elections result in an Appeal of the new Lawnew Law

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What happens next…What happens next…

Not much detail yetNot much detail yet

Changes will be madeChanges will be made

New information learned and New information learned and appliedapplied

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What you can do…What you can do…

Stay informedStay informed

Read all that you canRead all that you can

Go to meetingsGo to meetings

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QuestionsQuestions

Contact information:Contact information:

Neil CrosbyNeil Crosby [email protected] 800-801-2300800-801-2300