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To protect the confidential and proprietary information included in this material, it may not
be disclosed or provided to any third parties without the approval of Aon Hewitt.
Health Care Reform Update:
The Road Ahead
Presented May 9, 2013
1
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Agenda
Introduction
Health Care Reform – The Road Ahead
Q&A
2
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Introduction
 Patient Protection and Affordable Care Act (PPACA)
– Also known as:
• The Affordable Care Act (ACA)
• ―Obamacare‖
• Health Care Reform (HCR)
 Co-employment and the Affordable Care Act (ACA)
– No PEO-specific provisions in the ACA
– PEO clients should be looked at separately from the PEO in terms of complying with the law,
based on legislative history and guidance from AlphaStaff compliance resources and ERISA
counsel
• Employer Play or Pay requirement
• Nondiscrimination testing (postponed)
• Small Business Tax Credits
 All AlphaStaff-sponsored major medical plans are fully insured and are compliant with
current ACA requirements and will continue to be updated as new provisions become
effective.
3
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
The Rules of Health Care Reform
 Deal with what you know
 Apply the ―Jello‖ Theory
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Current State of PPACA
Health Insurance
Exchanges with
Reformed Rules
Expanding/Improving Coverage Paying for Expanded Coverage
Optional
State Expansion of
Medicaid
Employer
Mandate
―Individual
Mandate‖—now a
―Shared Responsibility
Payment‖
Federal Subsidies
To Buy Health Insurance
In Exchanges
Medicare/Medicaid
Payment Changes
Taxation of
High-Cost Employer
Health Care
Coverage
Increase in
Other Taxes
= Direct impact to employers
= Indirect impact to employers
= Direct and indirect impact to employers
Increased Medicare
Taxes on High-
Income Individuals
ACA Penalties
on Employer
1 Supreme Court ruled states could decline to expand Medicaid eligibility without losing existing Medicaid funding
2 Supreme Court ruled ―mandate‖ is a tax on not having health insurance
4
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2011 Plan Year 2011 2012 2013 2014 2018
• Lifetime dollar limits on
Essential Health Benefits
(EHB) prohibited*
• Preexisting Condition
Exclusions Prohibited for
Children under 19*
• Overly restrictive annual
dollar limits on EHB
prohibited*
• Extension of Adult Child
Coverage to Age 26*
• Prohibition on Rescissions*
• No Cost Sharing and
Coverage for Certain In-
Network Preventive Health
Services**
• Effective Appeals Process**
• Consumer/patient
protections**
• Nondiscrimination
requirements on fully insured
plans** (DELAYED)
• Certain Retiree Medical
Claims Reimbursable (ERRP)
• Retiree Drug Plan FAS
Liability Recognition
• Over-the-Counter
Medicines Not
Reimbursable Under
Health FSA, HRAs, or
from HSAs Without a
Prescription, Except
Insulin
• HSA Excise Tax Increase
• Public Long-Term Care
Option (CLASS Act) –No
Longer Supported by
HHS
• Medicare Part D
Discounts for Certain
Drugs in ―Donut Hole‖
• Employer Distribution of
Summary of Benefits
and Coverage to
Participants* (DELAYED)
• Comparative
Effectiveness Fee
• Employer Quality of Care
Report**
• Medical Loss Ratio
rebates (insured plans
only)*
• Employer Reporting of
Health Coverage on
Form W-2 (due January
31, 2013)
• Notice to Inform
Employees of Coverage
Options in Exchange
(DELAYED)
• Limit of Health Care FSA
Contributions to $2,500
(Indexed)
• Elimination of Deduction
for Expenses Allocable
to Retiree Drug Subsidy
(RDS)
• Medicare Tax on High
Income
• Addition of women’s
preventive health
requirements to No Cost
Sharing and Coverage
for Certain In-Network
Preventive Health
Services **
• Determining full-time
employees
• Non-discrimination rules
(DELAYED)
• Individual Mandate to
Purchase Insurance or Pay
Penalty
• State Insurance Exchanges
• Employer Responsibility to
Provide Affordable Minimum
Essential Health Coverage***
• Preexisting Conditions
Exclusions Prohibited*
• Annual Dollar Limits on EHB
Prohibited*
• Automatic Enrollment
(DELAYED)
• Limit of 90-Day Waiting
Period for Coverage*
• Employer Reporting of
Health Insurance Information
to Government and
Participants
• Increased Cap on Rewards
for Participation in Wellness
Program**
• Cost-sharing limits for all
group health plans, not just
HDHPs/HSA (deductibles
and OOP maximum)**
• Excise Tax on
High-Cost Coverage
*Denotes group/insurance market reforms applicable to all group health plans.
**Denotes group/insurance market reforms not applicable to grandfathered health plans.
*** This requirement applies to full time employees (e.g., 30 hours per week) and will require
coverage that is affordable and satisfies a certain actuarial value to avoid the penalty.
Guidance forthcoming.
Health Care Reform General Timeline
5
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
6
Small Employer Provisions – Small Business Tax Credits
 Effective January 1, 2010
 Employers with fewer than 25 full-time equivalent employees and average wages below
$50,000 that provide qualified health plan coverage are eligible to receive a health
insurance federal tax credit
 Employer must pay a uniform % not less than 50% of the premium
 Credit of up to 35% on health premiums (50% in 2014) for eligible small employers or
25% for tax-exempt small employers
 Premium taken into account capped at average small group market premium for State
or local area
 The Internal Revenue Service has mailed postcards to 4 million small employers
publicizing the new tax credits and to remind them that the new tax credits take effect
this year. The postcard and additional information can be located at
http://www.irs.gov/newsroom/article/0,,id=221511,00.html
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Employer Checklist—Act on 2013 Provisions Now
2013 Provisions
Administrative & Communication
Actions
Medicare taxes for high-income  Do calculations
 Coordinate with payroll
 Tell affected employees (optional)
$2,500 FSA Limit  Communicate in off-cycle enrollments
 Provide decision support
 Update SPDs
Women’s preventive health coverage  Communicate in off-cycle enrollments
 Update SPDs
Notifying employees about state
exchanges (Delayed)
 Communicate to all employees about
exchanges (eligibility, services and contact
information)
Patient-Centered Outcomes Research
Institute (PCORI) Trust Fund Fee
 Based on average covered lives
 $1 for 2013; $2 for 2014
 Reporting and payment of fees on IRS
Form 720
8
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Start Preparing for 2014 Provisions
2014 Provisions Administrative & Communication
Actions
Employer mandate
Free-rider penalties
Premium tax credits
Automatic enrollment (Delayed)
Minimum essential benefits
Fully-effective group market and
insurance reforms
Educating employees on how state
exchanges will work
Transitional Reinsurance Fee
Increased wellness rewards cap 30% of
cost of health coverage
Expanded preventive care
 Incorporate provisions into enrollment
 Develop a communication strategy and
tactics
 Provide decision support
 Create or update SBCs/ SPDs/ SMMs
Guiding Principles
 Focus on participant actions
 Stay objective
 Simplify messages
 Provide guidance
 Capitalize on the opportunity
9
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014—Exchange Update
 Coverage through the exchanges will begin in every state on January 1, 2014, with
enrollment beginning October 1, 2013.
 States can elect to:
– build a fully state-based exchange,
– enter into a state-federal partnership exchange, or
– default into a federally-facilitated exchange.
 The Affordable Care Act (ACA) directs the Secretary of Health and Human Services
(HHS) to establish and operate a federally-facilitated exchange in any state that is not
able or willing to establish a state-based exchange.
 In a federally-facilitated exchange, HHS will perform all exchange functions. States
entering into a state-federal partnership exchange may administer plan management
functions, in-person consumer assistance functions, or both, and HHS will perform the
remaining exchange functions. If a state opts for a state-federal partnership
exchange, it has until February 15, 2013, to submit an exchange blueprint to HHS.
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014—SHOP Exchange
 Small Business Health Options Program (SHOP) will be designed to make insurance
options available for small businesses.
 THE SHOP will allow the small business to select the level of coverage offered to the
employees and how much the employer will contribute.
 There will be an expanded Small Business Healthcare Tax Credit that will provide a
tax credit of up to 50% of the employer’s contribution towards providing coverage to
low and middle income employees.
 Premiums will be impacted by Medical Loss Ratio requirements.
 Employers will be able to enroll through a broker, through a website or through a toll
free telephone number.
 .These were to become effective January 1, 2014. However, the federal government
recently announced that the federal SHOP Exchanges only will now be postponed
until January 1, 2015.
 State SHOP Exchanges may follow suit, to be determined.
 This delay does not preclude an employer from meeting the employer mandate
requirements.
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Public Exchange Status by State
CA
ORE
WA
NEV
UTAH
CO
IDAHO
WYO
NM
ARIZ
ND
SD
NEB
KANSAS
OK
TEXAS
MINN
IOWA
MO
Ark
LA
MS
FLORIDA
GA
SC
KY
WIS MN
IL IND
OHIO
PA
W VA
VA
NCTN
NY
NJ
MD
DE
CT
VT
NH
MAINE
MASSACHUSETTS
MONTANA
ALASKA
ALA
HA
Won’t Create Exchange
Creating Exchange
Partnership Exchange with Feds
Democrat Governor
Republican Governor
WA
NY
VT
MASSACHUSETTS
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Half of States Are Expanding Medicaid in 2014
CA
OR
WA
NV
UT
CO
ID
WY
NM
AZ
ND
SD
NB
KS
OK
TX
MN
IA
MO
AR
LA
MS
FL
GA
SC
KY
WI
MN
IL IN
OH
PA
WV
VA
NCTN
NY
NJ
MD
CT
VT
NH
ME
MA
MO
AK
AL
HI
9 States Won’t Expand Medicaid
13 States Will Expand Medicaid
16 States Undecided on Medicaid Expansion
Democrat Governor
Republican Governor
5 States Leaning toward expanding Medicaid
5 States Leaning toward Not Expanding Medicaid
DhE
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014—Individual Mandates
 Individual Mandate
– In 2014, participants will be required to maintain health coverage that meets Minimal
Essential Coverage or they will be subject to a shared responsibility payment which is a tax
on not having health insurance
• This is known as the Individual Mandate
• An individual avoids the Individual Mandate by enrolling in Minimum Essential Coverage
– The penalties will be as follows:
• 2014: Greater of 1% of salary or $95
• 2015: Greater of 2% of salary or $325
• 2016: Greater of 3% of salary or $695
– If the cost of insurance exceeds 8.0% of an individual’s income, then the individual is not
subject to the mandate. Other exemptions include religious exemptions and persons in jail
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
What’s Next for Health Care Reform: 2014
• Individuals earning up to 400% of the Federal Poverty Level that are not Medicaid
eligible will have tax credits available to them to help cover the costs of medical
premiums in a state exchange. The levels of income qualification, based on 2012
guidelines, would be as follows:
Individuals in Household 2012 FPL 400% of FPL
1 $11,170 $44,680
2 $15,130 $60,520
3 $19,090 $76,360
4 $23,050 $92,200
5 $27,010 $108,040
6 $30,970 $123,880
7 $34,930 $139,720
8 $38,890 $155,560
Qualification of Federal Subsidies
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
What’s Next for Health Care Reform: 2014
• The amount of the tax credit is based off the cost of the second lowest cost Silver plan
which would have an actuarial value of 70%. The actual amount of the tax credit would
vary based on income and family size as follows:
Up to 133% FPL 2.0% of income
133% to 150% 3.0 to 4.0% of income
150% to 200% 4.0 to 6.3% of income
200% to 250% 6.3 to 8.05% of income
250% to 300% 8.05% to 9.5% of income
300% to 400% 9.5% of income
As an example, Sue is single and has an annual income of $28,000, which is 250% of
the FPL. Based on her age of 45 and where she lives, the cost of the second lowest
Silver plan is $5,733. She would not have to pay more than 8.05% of her income or
$2,254 to enroll. Her tax credit would then be $3,479 ($5,733 minus $2,254).
Qualification of Federal Subsidies (cont’d)
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014—Employer Mandates
 Employer Mandate
– The Employer Mandate is also referred to as
• The free rider penalty (historical terminology), shared responsibility payment, the assessable
payment, and the employer responsibility payment
– A Large Employer is one that employs 50 or more FTEs
• FTE generally means an individual, with respect to any month, who is employed on average at least
30 hours of service per week
– The Employer Mandate requires a Large Employer to offer
• Minimum Essential Coverage that meets Minimum Actuarial Value requirements
• Coverage that is ―affordable‖
• Available to ―substantially all‖ (i.e., 95% or more) full time employees
 Employers must also offer coverage to dependent children up to age 26, however this coverage
does not need to be affordable
 The dependent definition does not include spouses
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014—Employer Mandate - Detail
Penalties for failing to comply with the Employer Mandate
 $2,000 Tax Penalty
– Applies when an employer fails to offer its FTEs the opportunity to enroll in Minimum
Essential (health) Coverage (MEC)
• If one full-time employee goes to an Exchange and qualifies for a subsidy, then the employer would
be subject to a $2,000 penalty for each individual that was not offered coverage that met MEC
guidelines
• There is a waiver for the first 30 full-time employees.
• The penalty is calculated on a monthly basis.
 $3,000 Tax Penalty
– Applies when an employer offers its FTEs the opportunity to enroll in MEC and the employee
contribution for single coverage exceeds 9.5% of their income, thus being considered
unaffordable
• The penalty generally is $3,000 per year for each full-time individual who enrolls in an Exchange and
qualifies for a subsidy
• There is no 30 life waiver
• Example of 9.5%: Employee earning $35,000/year; 9.5% of salary = $3,325 annually or $277 per
month. This is the most that an employee can be asked to contribute for single coverage.
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
What’s Next for Health Care Reform: 2014
• Employer A: 15 FT employees, 10 PT employees @15 hrs/wk, 10 Seasonal Workers
• Total 20 FTEs (15 FTs + 5 FTEs + 0 for seasonal workers) = Penalties do not
apply. Applies to employers with at least 50 Full-Time Employees (FTEs), which
includes a combination of full-time workers (those working 30+ hours/week) plus
part-timers (seasonal workers with fewer than 120 days do not count).
• Employer B: An employer with 35 full-time employees and 30 part-time employees who
each work 15+ hours/week = 50 FTE.
• There are two penalties:
• The first penalty is $2,000 per all full-time employees for not offering coverage if
one employee goes into a state Exchange and qualifies for a subsidy. There is a
waiver for the first 30 full-time workers. Employer B potential penalty is $20,000
($2,000 x 5 full-time employees)
• $3,000 penalty per each employee whose premium contribution is greater than
9.5% of income or whose plan covers less than 60% Actuarial Value (AV) based
on Minimal Essential Coverage (MEC) of allowable costs. Applied to each
individual that goes into a state Exchange and qualifies for a federal subsidy.
Calculation
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Defining Full-Time Employees
 Recent guidance on definition of full-time employee (FTE) provides safe harbor
methods for determining whether
– An existing (ongoing) employee is an FTE; and
– A newly-hired employee is an FTE
 Guidance applies to
– Variable Hour Employees
• Based on facts and circumstances at start date, it cannot be determined that employee is reasonably
expected to work 30 hours/week
– Seasonal Employees
• A worker who performs labor/services on a seasonal basis; good faith test for now. Generally
considered to be less than 120 calendar days or three months.
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Defining Full-Time Employees—Ongoing
2013 Measurement Period (MP) 2013 Administrative Period (AP) 2014 Stability Period (SP)
3 – 12 months Up to 90 days
At least 6 months but no
shorter than MP
 Determines coverage in stability period
 Average hours worked
 Buffer between MP and SP
 Allows for measuring and enrolling full-timers
 Eligibility period for employees averaging 30
hours or more during MP
MP Considerations
 Longer period reduces number of full-timers
given high turnover
 Shorter period provides more time to make
workforce adjustments to mitigate cost
SP Considerations
 Shorter period reduces coverage
commitment but creates administrative
complexity
 Longer period that aligns with calendar
years is most practical administratively
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Defining Full-Time Employees—Newly Hired
New Variable Hour and Seasonal Employees
Initial Measurement Period (IMP) Administrative Period (AP) Stability Period (SP)
3 – 12 months Up to 90 days Same length as ongoing employees
Considerations
 IMP plus AP must not last beyond last day of first calendar month following employee’s one-year anniversary
– No more than 13 months plus a partial month
 Transition to ongoing allows for extension of coverage for balance of overlapping ongoing stability period
21
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
22
What’s Next for Health Care Reform: 2014
The Health Care Reform Law prohibits non-grandfathered insured group health plans from
discriminating in favor of highly compensated individuals
Rules similar to those under Internal Revenue Code (Code) section 105(h) that are applicable to
self-insured medical reimbursement plans will apply to non-grandfathered insured plans. Final
rules are being defined.
Highly compensated individuals generally include:
the 5 highest paid officers,
any 10% owners, and,
the highest paid 25% of all employees
Testing is required to ensure that a sufficient number of non-highly compensated individuals benefit
under the plan
Potential penalty is $100 per day per discriminated employee up to $500,000.
Final rules are expected for 2014.
Non-Discrimination Testing
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Leading to Significantly Different Decisions
Employer
Plan
State
Exchanges
Medicaid
Opt-Out
Self Insure
• If offered, generally the best choice for employees who do
not receive a federal subsidy in the exchanges
• Insurance plan familiar to most employees
• Employees with low family incomes may receive better
benefits at a lower cost in a state exchange
• These individuals can only receive federal subsidies if
employer does not offer an affordable plan
• Only available in states that choose to expand Medicaid
coverage
• Employees receive nearly full coverage, although provider
access is limited
• Employees may opt-out for many reasons including a
spouse with a better/cheaper plan, TriCare coverage, or
simply not wanting to own health insurance
23
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Individual Factors Driving Insurance Choice
Demographics
 Age
 Family Size
 Geography
$
Financials
 Family income
 Premiums or
contributions
Protection
 Provider Access
 Health Status
 Insurance coverage
Loyalty
 Satisfaction with current
insurance product
 Willingness to change
24
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Considerations for Dropping Group Coverage
 Exchange costs for employers may significantly increase by the time
Exchanges are available in 2014.
 These are hard dollar penalties and are not tax deductible.
 Employers likely will be pressured to provide additional compensation to
employees who participate in an Exchange
 Any additional compensation to cover Exchange costs may increase payroll
(FICA/FUTA) taxes for the employer, and income and payroll (FICA) taxes for
the employee
 How does the employer want to be viewed as in terms of ―An Employer of
Choice‖
25
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
Co-employment Responsibility
HCR PROVISIONS 2013 - 2014
HCR Effective
Date
AlphaStaff Plan
Effective Date
Responsible Party Comments
Determine Large Employer status subject to Play or
Pay
2013 for 1/1/2014
effective date
N/A Employer (Client)
Contact AlphaStaff for assistance. This is
determined by employer size in 2013.
Establish measurement/admin/stability periods for
variable hour employees
1/1/2014 N/A Employer (Client) Contact AlphaStaff for assistance.
Perform IRS Employee Affordability Analysis (9.5%
safe harbor)
1/1/2014 N/A Employer (Client) Contact AlphaStaff for assistance.
Waiting period maximum 90 days 1/1/2014 9/1/2013
AlphaStaff/Client/
Carrier
Note that AlphaStaff sponsored plans will require a
maximum 1st of month following 60 days as
waiting period due to plan design (no mid-month
coverage dates). Client-sponsored plans will vary
based on plan design and AlphaStaff
administration requirements.
Health Care Market Place ("Exchange") employee
notifications required by FLSA
10/1/2013, then
all new hires
N/A
AlphaStaff on behalf of
client company
Expect guidance on content and Model Notice -
tentative delivery date August-September
Review / Update plan documents and regulatory
disclosures (AlphaStaff sponsored plans).
Varies N/A AlphaStaff
Updates to plan documents (SPD/Wrap Document)
at year end, other docs will be updated as new
regs/guidance are issued
IRS Reporting on employer provided coverage 1/31/2015 N/A Client/AlphaStaff
Guidance not yet issued on content and reporting
requirements. Unknown if AS or client company
will be required to do reporting
Automatic Enrollment Unknown N/A AlphaStaff/Client
Originally was effective 1/1/2014, but provision
has been delayed
Nondiscrimination Rules Unknown N/A AlphaStaff/Client
Originally was effective 1/1/2014, but provision
has been delayed
Review Plans for minimum value standards 1/1/2014 9/1/2013 Carrier/AlphaStaff
AlphaStaff sponsored plans only. Clients
maintaining own plans will need to consult with
broker/carrier
PPACA 2014 Plan requirements (AlphaStaff sponsored
plans)
1/1/2014 9/1/2013 Carrier/AlphaStaff
Removal of all pre-ex, no annual max on Essential
Health Benefits (EHB), updates to cost-sharing
provisions, and others as identified under PPACA
HCR taxes/fees included in premiums (PCORI, Insurer
Fee, Transitional Reinsurance Fee)
1/1/2014 9/1/2013 Carrier
Will be included in renewal premium for fully
insured plans; self-funded plans must self-pay
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2012 and 2013 Provisions by Year
2012 Comments 2013 Comments
1. Employer Distribution of Uniform
Summary of Benefits to Participants
1. Limit of health care FSA contributions to
$2,500
Effective for taxable years beginning
after December 31, 2012.
2. Comparative Effectiveness Fee
(Patient Outcomes Research Institute –
PORI)
Applies to Plan Years ending on or after
10/01/2012; for 2012 this fee is $1.00
per employee enrolled in health plan or
Flexible Savings Account (FSA). Fee
not assessed on employees not
enrolled in either the FSA or medical
plan options. Fee to be remitted via
IRS Form 720 by 7/31/2013.
2. Comparative Effectiveness Fee
(Patient Outcomes Research Institute –
PORI)
For each Plan Year 2013 through 2018;
this fee is $2.00 per employee enrolled
in health plan or Flexible Savings
Account (FSA). Fee not assessed on
employees not enrolled in either the
FSA or medical plan options. Fee to be
remitted via IRS Form 720 by
7/31/2014.
3. Medical Loss Ratio (MLR) rebates Applies to insured plans only. 3. Addition of Women’s preventive health
requirements to no cost sharing (such
as deductibles, coinsurance) and
coverage for certain in-network
preventive health services
Effective January 1, 2013 for calendar
year plans.
4. Employer Reporting of Health
Coverage on Form W-2
Due January 31, 2013; reporting does
not need to include standalone dental,
vision or FSA plans.
4. Medicare Tax on High Income
• Increases Medicare tax by 0.9% to
2.35% for individuals earning over
$200k and joint filers over $250k
• New 3.8% tax on unearned income
for individuals earning over $200k
and joint filers over $250k
Final guidance pending.
5. Employer Quality of Care Report Final guidance pending 5. Notice to Inform Employees of
Coverage Options in Exchange -
delayed
Guidance pending (overdue)
6. Elimination of Deduction for Expenses
Allocable to Retiree Drug Subsidy
(RDS)
Not applicable to DMS
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Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2014 Provisions by Year
2014 Comments 2014 Comments
1. Shared Responsibility Payment
(Individual Mandate)
Employee must go to Exchange
because employer’s plan
• Was not ―minimum essential
coverage‖ or
• Was either ―unaffordable‖ or did
not provide minimum value
5. Reinsurance Fees • Fees will be charged for 2014,
2015 and 2016
• Declared amount is $63 PMPY
2. Minimum Essential Coverage Employers that do not offer
―minimum essential coverage‖ to all
full-time employees pay a penalty of
$2,000 for each of its full-time
employees, until the employer offers
such coverage
• Subject to an exemption for the
first 30 full time employees
• Penalty applies if at least one
FTE receives a subsidy
6. Comparative Effectiveness Fee For 2014 this fee is $2.00 per
employee enrolled in health plan or
Flexible Savings Account (FSA).
Fee not assessed on employees
not enrolled in either the FSA or
medical plan options. Fee to be
remitted via IRS Form 720 by
7/31/2015.
3. ―Unaffordable‖ or not ―Minimum Value‖
•Unaffordable - <9.5% of W-2 wages
•Minimum Value – 60th percentile
actuarial value
If coverage offered by employer is
―unaffordable‖ or not ―minimum
value‖, employer pays a penalty of
$3,000 for each FTE who
• Purchases a qualified health
plan in the Exchange
• Receives a Federal Subsidy
7. Auto Enrollment • Postponed – likely delayed to
2015
• Plans must automatically enroll all
of their eligible employees in
health coverage unless employee
specifically opts out
4. State Exchanges • Exchanges open (bronze, silver,
gold platinum)
• Subsidies from 133% to 400% of
Federal Poverty Level
• Fees on Insurance Companies
8. Wellness Program Rewards Cap Increased cap on rewards for
participation in wellness programs
from 20% to 30% and 50% for
smokers
29
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
2017 and 2018 Provisions by Year
2017 and 2018 Comments
1. Large employers (> 50 lives) may be allowed into Exchanges
2. Excise Tax on ―Cadillac‖ Plans 40% excise tax on insurers and TPS that offer health care
coverage costing more than
• $10,200 individual (indexed)
• $27,500 family (indexed)
Increased threshold applies for retirees ages 55-64 and for
selected high-risk occupations
• $11,850 individual
• $30,950 family
- Adjusted for age and gender
30
Consulting | U.S. Health & Benefits
Proprietary & Confidential | 02/2013
How Can We Help?
 Analyze current employee population to help determine if you will be subject to the
Employer Shared Responsibility penalty (Play or Pay) by evaluating your company’s
full time and full time equivalent employees.
 Establish Measurement, Administrative, and Stability Periods.
 Provide PPACA updates through our Knowledge Center, AlphaAdvisor, and
AlphaAlerts.
 Ensure plans are meeting minimum value requirements
 Determine what your minimum contribution should be to comply with the 9.5%
affordability rule.
 Look for updates in the AlphaStaff Knowledge Center, AlphaAdvisor, open enrollment
communications and future forums such as today’s webinar.
 Health Care Reform Questions? Contact HCRQuestions@AlphaStaff.com or contact
your benefits or HR representative.

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Healthcare Reform: The Road Ahead

  • 1. To protect the confidential and proprietary information included in this material, it may not be disclosed or provided to any third parties without the approval of Aon Hewitt. Health Care Reform Update: The Road Ahead Presented May 9, 2013
  • 2. 1 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Agenda Introduction Health Care Reform – The Road Ahead Q&A
  • 3. 2 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Introduction  Patient Protection and Affordable Care Act (PPACA) – Also known as: • The Affordable Care Act (ACA) • ―Obamacare‖ • Health Care Reform (HCR)  Co-employment and the Affordable Care Act (ACA) – No PEO-specific provisions in the ACA – PEO clients should be looked at separately from the PEO in terms of complying with the law, based on legislative history and guidance from AlphaStaff compliance resources and ERISA counsel • Employer Play or Pay requirement • Nondiscrimination testing (postponed) • Small Business Tax Credits  All AlphaStaff-sponsored major medical plans are fully insured and are compliant with current ACA requirements and will continue to be updated as new provisions become effective.
  • 4. 3 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 The Rules of Health Care Reform  Deal with what you know  Apply the ―Jello‖ Theory
  • 5. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Current State of PPACA Health Insurance Exchanges with Reformed Rules Expanding/Improving Coverage Paying for Expanded Coverage Optional State Expansion of Medicaid Employer Mandate ―Individual Mandate‖—now a ―Shared Responsibility Payment‖ Federal Subsidies To Buy Health Insurance In Exchanges Medicare/Medicaid Payment Changes Taxation of High-Cost Employer Health Care Coverage Increase in Other Taxes = Direct impact to employers = Indirect impact to employers = Direct and indirect impact to employers Increased Medicare Taxes on High- Income Individuals ACA Penalties on Employer 1 Supreme Court ruled states could decline to expand Medicaid eligibility without losing existing Medicaid funding 2 Supreme Court ruled ―mandate‖ is a tax on not having health insurance 4
  • 6. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2011 Plan Year 2011 2012 2013 2014 2018 • Lifetime dollar limits on Essential Health Benefits (EHB) prohibited* • Preexisting Condition Exclusions Prohibited for Children under 19* • Overly restrictive annual dollar limits on EHB prohibited* • Extension of Adult Child Coverage to Age 26* • Prohibition on Rescissions* • No Cost Sharing and Coverage for Certain In- Network Preventive Health Services** • Effective Appeals Process** • Consumer/patient protections** • Nondiscrimination requirements on fully insured plans** (DELAYED) • Certain Retiree Medical Claims Reimbursable (ERRP) • Retiree Drug Plan FAS Liability Recognition • Over-the-Counter Medicines Not Reimbursable Under Health FSA, HRAs, or from HSAs Without a Prescription, Except Insulin • HSA Excise Tax Increase • Public Long-Term Care Option (CLASS Act) –No Longer Supported by HHS • Medicare Part D Discounts for Certain Drugs in ―Donut Hole‖ • Employer Distribution of Summary of Benefits and Coverage to Participants* (DELAYED) • Comparative Effectiveness Fee • Employer Quality of Care Report** • Medical Loss Ratio rebates (insured plans only)* • Employer Reporting of Health Coverage on Form W-2 (due January 31, 2013) • Notice to Inform Employees of Coverage Options in Exchange (DELAYED) • Limit of Health Care FSA Contributions to $2,500 (Indexed) • Elimination of Deduction for Expenses Allocable to Retiree Drug Subsidy (RDS) • Medicare Tax on High Income • Addition of women’s preventive health requirements to No Cost Sharing and Coverage for Certain In-Network Preventive Health Services ** • Determining full-time employees • Non-discrimination rules (DELAYED) • Individual Mandate to Purchase Insurance or Pay Penalty • State Insurance Exchanges • Employer Responsibility to Provide Affordable Minimum Essential Health Coverage*** • Preexisting Conditions Exclusions Prohibited* • Annual Dollar Limits on EHB Prohibited* • Automatic Enrollment (DELAYED) • Limit of 90-Day Waiting Period for Coverage* • Employer Reporting of Health Insurance Information to Government and Participants • Increased Cap on Rewards for Participation in Wellness Program** • Cost-sharing limits for all group health plans, not just HDHPs/HSA (deductibles and OOP maximum)** • Excise Tax on High-Cost Coverage *Denotes group/insurance market reforms applicable to all group health plans. **Denotes group/insurance market reforms not applicable to grandfathered health plans. *** This requirement applies to full time employees (e.g., 30 hours per week) and will require coverage that is affordable and satisfies a certain actuarial value to avoid the penalty. Guidance forthcoming. Health Care Reform General Timeline 5
  • 7. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 6 Small Employer Provisions – Small Business Tax Credits  Effective January 1, 2010  Employers with fewer than 25 full-time equivalent employees and average wages below $50,000 that provide qualified health plan coverage are eligible to receive a health insurance federal tax credit  Employer must pay a uniform % not less than 50% of the premium  Credit of up to 35% on health premiums (50% in 2014) for eligible small employers or 25% for tax-exempt small employers  Premium taken into account capped at average small group market premium for State or local area  The Internal Revenue Service has mailed postcards to 4 million small employers publicizing the new tax credits and to remind them that the new tax credits take effect this year. The postcard and additional information can be located at http://www.irs.gov/newsroom/article/0,,id=221511,00.html
  • 8. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Employer Checklist—Act on 2013 Provisions Now 2013 Provisions Administrative & Communication Actions Medicare taxes for high-income  Do calculations  Coordinate with payroll  Tell affected employees (optional) $2,500 FSA Limit  Communicate in off-cycle enrollments  Provide decision support  Update SPDs Women’s preventive health coverage  Communicate in off-cycle enrollments  Update SPDs Notifying employees about state exchanges (Delayed)  Communicate to all employees about exchanges (eligibility, services and contact information) Patient-Centered Outcomes Research Institute (PCORI) Trust Fund Fee  Based on average covered lives  $1 for 2013; $2 for 2014  Reporting and payment of fees on IRS Form 720
  • 9. 8 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Start Preparing for 2014 Provisions 2014 Provisions Administrative & Communication Actions Employer mandate Free-rider penalties Premium tax credits Automatic enrollment (Delayed) Minimum essential benefits Fully-effective group market and insurance reforms Educating employees on how state exchanges will work Transitional Reinsurance Fee Increased wellness rewards cap 30% of cost of health coverage Expanded preventive care  Incorporate provisions into enrollment  Develop a communication strategy and tactics  Provide decision support  Create or update SBCs/ SPDs/ SMMs Guiding Principles  Focus on participant actions  Stay objective  Simplify messages  Provide guidance  Capitalize on the opportunity
  • 10. 9 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014—Exchange Update  Coverage through the exchanges will begin in every state on January 1, 2014, with enrollment beginning October 1, 2013.  States can elect to: – build a fully state-based exchange, – enter into a state-federal partnership exchange, or – default into a federally-facilitated exchange.  The Affordable Care Act (ACA) directs the Secretary of Health and Human Services (HHS) to establish and operate a federally-facilitated exchange in any state that is not able or willing to establish a state-based exchange.  In a federally-facilitated exchange, HHS will perform all exchange functions. States entering into a state-federal partnership exchange may administer plan management functions, in-person consumer assistance functions, or both, and HHS will perform the remaining exchange functions. If a state opts for a state-federal partnership exchange, it has until February 15, 2013, to submit an exchange blueprint to HHS.
  • 11. 10 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014—SHOP Exchange  Small Business Health Options Program (SHOP) will be designed to make insurance options available for small businesses.  THE SHOP will allow the small business to select the level of coverage offered to the employees and how much the employer will contribute.  There will be an expanded Small Business Healthcare Tax Credit that will provide a tax credit of up to 50% of the employer’s contribution towards providing coverage to low and middle income employees.  Premiums will be impacted by Medical Loss Ratio requirements.  Employers will be able to enroll through a broker, through a website or through a toll free telephone number.  .These were to become effective January 1, 2014. However, the federal government recently announced that the federal SHOP Exchanges only will now be postponed until January 1, 2015.  State SHOP Exchanges may follow suit, to be determined.  This delay does not preclude an employer from meeting the employer mandate requirements.
  • 12. 11 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Public Exchange Status by State CA ORE WA NEV UTAH CO IDAHO WYO NM ARIZ ND SD NEB KANSAS OK TEXAS MINN IOWA MO Ark LA MS FLORIDA GA SC KY WIS MN IL IND OHIO PA W VA VA NCTN NY NJ MD DE CT VT NH MAINE MASSACHUSETTS MONTANA ALASKA ALA HA Won’t Create Exchange Creating Exchange Partnership Exchange with Feds Democrat Governor Republican Governor WA NY VT MASSACHUSETTS 11
  • 13. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Half of States Are Expanding Medicaid in 2014 CA OR WA NV UT CO ID WY NM AZ ND SD NB KS OK TX MN IA MO AR LA MS FL GA SC KY WI MN IL IN OH PA WV VA NCTN NY NJ MD CT VT NH ME MA MO AK AL HI 9 States Won’t Expand Medicaid 13 States Will Expand Medicaid 16 States Undecided on Medicaid Expansion Democrat Governor Republican Governor 5 States Leaning toward expanding Medicaid 5 States Leaning toward Not Expanding Medicaid DhE 12
  • 14. 13 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014—Individual Mandates  Individual Mandate – In 2014, participants will be required to maintain health coverage that meets Minimal Essential Coverage or they will be subject to a shared responsibility payment which is a tax on not having health insurance • This is known as the Individual Mandate • An individual avoids the Individual Mandate by enrolling in Minimum Essential Coverage – The penalties will be as follows: • 2014: Greater of 1% of salary or $95 • 2015: Greater of 2% of salary or $325 • 2016: Greater of 3% of salary or $695 – If the cost of insurance exceeds 8.0% of an individual’s income, then the individual is not subject to the mandate. Other exemptions include religious exemptions and persons in jail
  • 15. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 What’s Next for Health Care Reform: 2014 • Individuals earning up to 400% of the Federal Poverty Level that are not Medicaid eligible will have tax credits available to them to help cover the costs of medical premiums in a state exchange. The levels of income qualification, based on 2012 guidelines, would be as follows: Individuals in Household 2012 FPL 400% of FPL 1 $11,170 $44,680 2 $15,130 $60,520 3 $19,090 $76,360 4 $23,050 $92,200 5 $27,010 $108,040 6 $30,970 $123,880 7 $34,930 $139,720 8 $38,890 $155,560 Qualification of Federal Subsidies
  • 16. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 What’s Next for Health Care Reform: 2014 • The amount of the tax credit is based off the cost of the second lowest cost Silver plan which would have an actuarial value of 70%. The actual amount of the tax credit would vary based on income and family size as follows: Up to 133% FPL 2.0% of income 133% to 150% 3.0 to 4.0% of income 150% to 200% 4.0 to 6.3% of income 200% to 250% 6.3 to 8.05% of income 250% to 300% 8.05% to 9.5% of income 300% to 400% 9.5% of income As an example, Sue is single and has an annual income of $28,000, which is 250% of the FPL. Based on her age of 45 and where she lives, the cost of the second lowest Silver plan is $5,733. She would not have to pay more than 8.05% of her income or $2,254 to enroll. Her tax credit would then be $3,479 ($5,733 minus $2,254). Qualification of Federal Subsidies (cont’d)
  • 17. 16 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014—Employer Mandates  Employer Mandate – The Employer Mandate is also referred to as • The free rider penalty (historical terminology), shared responsibility payment, the assessable payment, and the employer responsibility payment – A Large Employer is one that employs 50 or more FTEs • FTE generally means an individual, with respect to any month, who is employed on average at least 30 hours of service per week – The Employer Mandate requires a Large Employer to offer • Minimum Essential Coverage that meets Minimum Actuarial Value requirements • Coverage that is ―affordable‖ • Available to ―substantially all‖ (i.e., 95% or more) full time employees  Employers must also offer coverage to dependent children up to age 26, however this coverage does not need to be affordable  The dependent definition does not include spouses
  • 18. 17 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014—Employer Mandate - Detail Penalties for failing to comply with the Employer Mandate  $2,000 Tax Penalty – Applies when an employer fails to offer its FTEs the opportunity to enroll in Minimum Essential (health) Coverage (MEC) • If one full-time employee goes to an Exchange and qualifies for a subsidy, then the employer would be subject to a $2,000 penalty for each individual that was not offered coverage that met MEC guidelines • There is a waiver for the first 30 full-time employees. • The penalty is calculated on a monthly basis.  $3,000 Tax Penalty – Applies when an employer offers its FTEs the opportunity to enroll in MEC and the employee contribution for single coverage exceeds 9.5% of their income, thus being considered unaffordable • The penalty generally is $3,000 per year for each full-time individual who enrolls in an Exchange and qualifies for a subsidy • There is no 30 life waiver • Example of 9.5%: Employee earning $35,000/year; 9.5% of salary = $3,325 annually or $277 per month. This is the most that an employee can be asked to contribute for single coverage.
  • 19. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 What’s Next for Health Care Reform: 2014 • Employer A: 15 FT employees, 10 PT employees @15 hrs/wk, 10 Seasonal Workers • Total 20 FTEs (15 FTs + 5 FTEs + 0 for seasonal workers) = Penalties do not apply. Applies to employers with at least 50 Full-Time Employees (FTEs), which includes a combination of full-time workers (those working 30+ hours/week) plus part-timers (seasonal workers with fewer than 120 days do not count). • Employer B: An employer with 35 full-time employees and 30 part-time employees who each work 15+ hours/week = 50 FTE. • There are two penalties: • The first penalty is $2,000 per all full-time employees for not offering coverage if one employee goes into a state Exchange and qualifies for a subsidy. There is a waiver for the first 30 full-time workers. Employer B potential penalty is $20,000 ($2,000 x 5 full-time employees) • $3,000 penalty per each employee whose premium contribution is greater than 9.5% of income or whose plan covers less than 60% Actuarial Value (AV) based on Minimal Essential Coverage (MEC) of allowable costs. Applied to each individual that goes into a state Exchange and qualifies for a federal subsidy. Calculation
  • 20. 19 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Defining Full-Time Employees  Recent guidance on definition of full-time employee (FTE) provides safe harbor methods for determining whether – An existing (ongoing) employee is an FTE; and – A newly-hired employee is an FTE  Guidance applies to – Variable Hour Employees • Based on facts and circumstances at start date, it cannot be determined that employee is reasonably expected to work 30 hours/week – Seasonal Employees • A worker who performs labor/services on a seasonal basis; good faith test for now. Generally considered to be less than 120 calendar days or three months.
  • 21. 20 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Defining Full-Time Employees—Ongoing 2013 Measurement Period (MP) 2013 Administrative Period (AP) 2014 Stability Period (SP) 3 – 12 months Up to 90 days At least 6 months but no shorter than MP  Determines coverage in stability period  Average hours worked  Buffer between MP and SP  Allows for measuring and enrolling full-timers  Eligibility period for employees averaging 30 hours or more during MP MP Considerations  Longer period reduces number of full-timers given high turnover  Shorter period provides more time to make workforce adjustments to mitigate cost SP Considerations  Shorter period reduces coverage commitment but creates administrative complexity  Longer period that aligns with calendar years is most practical administratively 20
  • 22. 21 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Defining Full-Time Employees—Newly Hired New Variable Hour and Seasonal Employees Initial Measurement Period (IMP) Administrative Period (AP) Stability Period (SP) 3 – 12 months Up to 90 days Same length as ongoing employees Considerations  IMP plus AP must not last beyond last day of first calendar month following employee’s one-year anniversary – No more than 13 months plus a partial month  Transition to ongoing allows for extension of coverage for balance of overlapping ongoing stability period 21
  • 23. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 22 What’s Next for Health Care Reform: 2014 The Health Care Reform Law prohibits non-grandfathered insured group health plans from discriminating in favor of highly compensated individuals Rules similar to those under Internal Revenue Code (Code) section 105(h) that are applicable to self-insured medical reimbursement plans will apply to non-grandfathered insured plans. Final rules are being defined. Highly compensated individuals generally include: the 5 highest paid officers, any 10% owners, and, the highest paid 25% of all employees Testing is required to ensure that a sufficient number of non-highly compensated individuals benefit under the plan Potential penalty is $100 per day per discriminated employee up to $500,000. Final rules are expected for 2014. Non-Discrimination Testing
  • 24. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Leading to Significantly Different Decisions Employer Plan State Exchanges Medicaid Opt-Out Self Insure • If offered, generally the best choice for employees who do not receive a federal subsidy in the exchanges • Insurance plan familiar to most employees • Employees with low family incomes may receive better benefits at a lower cost in a state exchange • These individuals can only receive federal subsidies if employer does not offer an affordable plan • Only available in states that choose to expand Medicaid coverage • Employees receive nearly full coverage, although provider access is limited • Employees may opt-out for many reasons including a spouse with a better/cheaper plan, TriCare coverage, or simply not wanting to own health insurance 23
  • 25. 24 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Individual Factors Driving Insurance Choice Demographics  Age  Family Size  Geography $ Financials  Family income  Premiums or contributions Protection  Provider Access  Health Status  Insurance coverage Loyalty  Satisfaction with current insurance product  Willingness to change 24
  • 26. Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Considerations for Dropping Group Coverage  Exchange costs for employers may significantly increase by the time Exchanges are available in 2014.  These are hard dollar penalties and are not tax deductible.  Employers likely will be pressured to provide additional compensation to employees who participate in an Exchange  Any additional compensation to cover Exchange costs may increase payroll (FICA/FUTA) taxes for the employer, and income and payroll (FICA) taxes for the employee  How does the employer want to be viewed as in terms of ―An Employer of Choice‖ 25
  • 27. 26 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 Co-employment Responsibility HCR PROVISIONS 2013 - 2014 HCR Effective Date AlphaStaff Plan Effective Date Responsible Party Comments Determine Large Employer status subject to Play or Pay 2013 for 1/1/2014 effective date N/A Employer (Client) Contact AlphaStaff for assistance. This is determined by employer size in 2013. Establish measurement/admin/stability periods for variable hour employees 1/1/2014 N/A Employer (Client) Contact AlphaStaff for assistance. Perform IRS Employee Affordability Analysis (9.5% safe harbor) 1/1/2014 N/A Employer (Client) Contact AlphaStaff for assistance. Waiting period maximum 90 days 1/1/2014 9/1/2013 AlphaStaff/Client/ Carrier Note that AlphaStaff sponsored plans will require a maximum 1st of month following 60 days as waiting period due to plan design (no mid-month coverage dates). Client-sponsored plans will vary based on plan design and AlphaStaff administration requirements. Health Care Market Place ("Exchange") employee notifications required by FLSA 10/1/2013, then all new hires N/A AlphaStaff on behalf of client company Expect guidance on content and Model Notice - tentative delivery date August-September Review / Update plan documents and regulatory disclosures (AlphaStaff sponsored plans). Varies N/A AlphaStaff Updates to plan documents (SPD/Wrap Document) at year end, other docs will be updated as new regs/guidance are issued IRS Reporting on employer provided coverage 1/31/2015 N/A Client/AlphaStaff Guidance not yet issued on content and reporting requirements. Unknown if AS or client company will be required to do reporting Automatic Enrollment Unknown N/A AlphaStaff/Client Originally was effective 1/1/2014, but provision has been delayed Nondiscrimination Rules Unknown N/A AlphaStaff/Client Originally was effective 1/1/2014, but provision has been delayed Review Plans for minimum value standards 1/1/2014 9/1/2013 Carrier/AlphaStaff AlphaStaff sponsored plans only. Clients maintaining own plans will need to consult with broker/carrier PPACA 2014 Plan requirements (AlphaStaff sponsored plans) 1/1/2014 9/1/2013 Carrier/AlphaStaff Removal of all pre-ex, no annual max on Essential Health Benefits (EHB), updates to cost-sharing provisions, and others as identified under PPACA HCR taxes/fees included in premiums (PCORI, Insurer Fee, Transitional Reinsurance Fee) 1/1/2014 9/1/2013 Carrier Will be included in renewal premium for fully insured plans; self-funded plans must self-pay
  • 28. 27 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2012 and 2013 Provisions by Year 2012 Comments 2013 Comments 1. Employer Distribution of Uniform Summary of Benefits to Participants 1. Limit of health care FSA contributions to $2,500 Effective for taxable years beginning after December 31, 2012. 2. Comparative Effectiveness Fee (Patient Outcomes Research Institute – PORI) Applies to Plan Years ending on or after 10/01/2012; for 2012 this fee is $1.00 per employee enrolled in health plan or Flexible Savings Account (FSA). Fee not assessed on employees not enrolled in either the FSA or medical plan options. Fee to be remitted via IRS Form 720 by 7/31/2013. 2. Comparative Effectiveness Fee (Patient Outcomes Research Institute – PORI) For each Plan Year 2013 through 2018; this fee is $2.00 per employee enrolled in health plan or Flexible Savings Account (FSA). Fee not assessed on employees not enrolled in either the FSA or medical plan options. Fee to be remitted via IRS Form 720 by 7/31/2014. 3. Medical Loss Ratio (MLR) rebates Applies to insured plans only. 3. Addition of Women’s preventive health requirements to no cost sharing (such as deductibles, coinsurance) and coverage for certain in-network preventive health services Effective January 1, 2013 for calendar year plans. 4. Employer Reporting of Health Coverage on Form W-2 Due January 31, 2013; reporting does not need to include standalone dental, vision or FSA plans. 4. Medicare Tax on High Income • Increases Medicare tax by 0.9% to 2.35% for individuals earning over $200k and joint filers over $250k • New 3.8% tax on unearned income for individuals earning over $200k and joint filers over $250k Final guidance pending. 5. Employer Quality of Care Report Final guidance pending 5. Notice to Inform Employees of Coverage Options in Exchange - delayed Guidance pending (overdue) 6. Elimination of Deduction for Expenses Allocable to Retiree Drug Subsidy (RDS) Not applicable to DMS
  • 29. 28 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2014 Provisions by Year 2014 Comments 2014 Comments 1. Shared Responsibility Payment (Individual Mandate) Employee must go to Exchange because employer’s plan • Was not ―minimum essential coverage‖ or • Was either ―unaffordable‖ or did not provide minimum value 5. Reinsurance Fees • Fees will be charged for 2014, 2015 and 2016 • Declared amount is $63 PMPY 2. Minimum Essential Coverage Employers that do not offer ―minimum essential coverage‖ to all full-time employees pay a penalty of $2,000 for each of its full-time employees, until the employer offers such coverage • Subject to an exemption for the first 30 full time employees • Penalty applies if at least one FTE receives a subsidy 6. Comparative Effectiveness Fee For 2014 this fee is $2.00 per employee enrolled in health plan or Flexible Savings Account (FSA). Fee not assessed on employees not enrolled in either the FSA or medical plan options. Fee to be remitted via IRS Form 720 by 7/31/2015. 3. ―Unaffordable‖ or not ―Minimum Value‖ •Unaffordable - <9.5% of W-2 wages •Minimum Value – 60th percentile actuarial value If coverage offered by employer is ―unaffordable‖ or not ―minimum value‖, employer pays a penalty of $3,000 for each FTE who • Purchases a qualified health plan in the Exchange • Receives a Federal Subsidy 7. Auto Enrollment • Postponed – likely delayed to 2015 • Plans must automatically enroll all of their eligible employees in health coverage unless employee specifically opts out 4. State Exchanges • Exchanges open (bronze, silver, gold platinum) • Subsidies from 133% to 400% of Federal Poverty Level • Fees on Insurance Companies 8. Wellness Program Rewards Cap Increased cap on rewards for participation in wellness programs from 20% to 30% and 50% for smokers
  • 30. 29 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 2017 and 2018 Provisions by Year 2017 and 2018 Comments 1. Large employers (> 50 lives) may be allowed into Exchanges 2. Excise Tax on ―Cadillac‖ Plans 40% excise tax on insurers and TPS that offer health care coverage costing more than • $10,200 individual (indexed) • $27,500 family (indexed) Increased threshold applies for retirees ages 55-64 and for selected high-risk occupations • $11,850 individual • $30,950 family - Adjusted for age and gender
  • 31. 30 Consulting | U.S. Health & Benefits Proprietary & Confidential | 02/2013 How Can We Help?  Analyze current employee population to help determine if you will be subject to the Employer Shared Responsibility penalty (Play or Pay) by evaluating your company’s full time and full time equivalent employees.  Establish Measurement, Administrative, and Stability Periods.  Provide PPACA updates through our Knowledge Center, AlphaAdvisor, and AlphaAlerts.  Ensure plans are meeting minimum value requirements  Determine what your minimum contribution should be to comply with the 9.5% affordability rule.  Look for updates in the AlphaStaff Knowledge Center, AlphaAdvisor, open enrollment communications and future forums such as today’s webinar.  Health Care Reform Questions? Contact HCRQuestions@AlphaStaff.com or contact your benefits or HR representative.