Except for the upon request requirement, the date by which the SBC needs to be provided is actually driven by the enrollment method.

Similar documents
Employer Mandate: Employer Action Overview

HEALTH CARE REFORM: EMPLOYER ACTION OVERVIEW

Health Care Reform. Employer Action Overview

HEALTH CARE REFORM ALERT

1/5/16. Provided by: The Lank Group Winterthur Close Kennesaw, GA Tel: Design 2015 Zywave, Inc. All rights reserved.

President Obama speaks about the Affordable Care Act at the White House on May 10.

Introduction Notice and Disclosure Requirements Plan Design and Coverage Issues: Prior to

ERISA Compliance FAQs: Reporting and Disclosure Rules

Health Care Reform and Religious Organizations

ERISA Compliance FAQs: Reporting and Disclosure Rules

Looking for a Life Vest?

Pay or Play Employer Shared Responsibility Penalties

2014 Hill, Chesson & Woody

ERISA Compliance: It s not an option, it s the law.

FAQs: State Exchange Model Notices

Healthcare Reform. July 17, 2013

Administrative Obligations Workshop. February 5, 2015

HRAs, HSAs, and Health FSAs What s the Difference?

Pay or Play Employer Shared Responsibility Penalties

QUESTIONS AND ANSWERS: NEW IRS REQUIREMENTS FOR EMPLOYERS

Health Care Reform Update. April 2013

CURES ACT QSEHRA Q&A

ESB Copyright 2013 American Fidelity Assurance Company ESB Copyright 2013 American Fidelity Assurance Company

Solutions for ACA Implementation. berrydunn.com GAIN CONTROL

Health Reform Update: Reporting Provisions

4/13/16. Provided by: Zywave W. Innovation Drive, Suite 300 Milwaukee, WI

Health Care Reform Group Medicare Advantage. John F. DiLorenzo Michael A. DiLorenzo

4/13/16. Provided by: KRA Agency Partners, Inc. 99 Cherry Hill Road, Suite 200 Parsippany, NJ Tel:

Affordable Care Act Employer Reporting and Compliance Update

ACA REPORTING WEBINAR QUESTIONS AND ANSWERS

Health Care Reform at-a-glance

Health Care Reform Overview

Health Care Reform Path to Compliance

Health Care Reform Compliance Workshop: Your Questions Answered

Affordable Care Act: Evolving Requirements & Compliance Implications

Understanding & Addressing Your 2019 Health and Welfare Benefits Compliance Obligations

An Employer s Guide to Health Care Reform

9/18/13. The Affordable Care Act and Challenges for Colleges and Universities Legal Issues in Higher Education October 16, 2013.

What Employers Need to Know About the Health Reform Rules for Summaries of Benefits and Coverage

HEALTH CARE REFORM 2010 A CHRONOLOGICAL OVERVIEW OF THE LAW'S OBLIGATIONS FOR EMPLOYERS. Henry Smith. Smith & Downey.

Health Care Reform Toolkit Large Employers

T R U S T E D A D V I S O R S. Providing Outstanding Client Service Boston /Cambridge/Newport / Providence / Waltham

Health Reform Update. Board of County Commissioners Study Session June 30, 2015

Employee Benefits Corporation Advanced HSAs P a g e 1. General Presentation Questions. General HSA Questions

Q&A on US Health Reform: The Impact of National Health Reform and How it May Affect Your Business

NFIB v. Kathleen Sebelius and its Impact on Employers: Healthcare Reform Revisited

Schools Insurance Group

HEALTHCARE REFORM IN THE WORKPLACE:

Health Care Reform Under the ACA Its Effect on Municipalities and Their Employees

Healthcare Reform Handbook

So you can't have a person on FMLA leave pre-pay into a new calendar year.

HEALTH CARE REFORM GUIDE

HEALTH CARE REFORM A FINANCIAL PERSPECTIVE SEPTEMBER 21, 2011

Affordable Care Act: Key Issues for Employers in 2014 and Beyond

Health Care Reform Overview of the ACA. Presented By: Rae Anne Beaudry, Executive Vice President The Horton Group

NEW YORK STATE AUTOMOBILE DEALERS ASSOCIATION & SYRACUSE AUTO DEALERS ASSOCIATION September 16, 2014 Meeting Syracuse, New York

Health Care Reform: Be Prepared for 2014

FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE ACA:

Group Health Plan Enrollment Rules

Health Plan Enrollment Rules

Health Care Reform Update 6/12/2014

What is the Employer s responsibility? Basically, eligible employers must offer affordable coverage to all eligible employees Or pay a penalty.

Health Plan Design Options August 23, 2012

Regarding non-student dependents over age 19; can funds from an HSA be used for their qualifying expenses?

Health Care Reform: What s In Store for Employer Health Plans?

National Health Insurance Reform

Self-Compliance Tool for Part 7 of ERISA: Affordable Care Act Provisions

The ACA: Health Plans Overview

Employer Update 2013 R. Edward Johnson, ASA, MAAA Stanley, Hunt, DuPree & Rhine

2015 Employer Compliance Checklist

Patient Protection and Affordable Care Act (PPACA)

Patient Protection and Affordable Care Act

IRS Proposes Rules on Effect of Wellness Incentives on Play or Pay Obligations

2018 Employee Benefits Webinar Series. Introduction to Consumer Directed Healthcare and Account-Based Plans (HSAs, FSAs, and HRAs) November 15, 2018

Patient Protection and Affordable Care Act (PPACA) 2018 Financial Impact Analysis for Employers. Sample 1#

The MC Academy The Employee Benefits and Executive Compensation Series HEALTH CARE REFORM ACT

New ACA Rules for HRAs, Flex Credits and Opt- Out Payments

ACA Violations Penalties and Excise Taxes

HEALTH CARE REFORM WHETHER TO PLAY OR PAY (Executive Summary) Dated: January 11, 2013

Monitoring the ACA s. Vital Signs. The Affordable Care Act A Progress Report

Employer Reporting of Health Coverage Code Sections 6055 & 6056

Enacted in March 2010 Makes significant ifi changes to health care system Implemented over several years

Updated Summary of Health Care Reform for Employers Preparing for the Future Reissued October 14, 2010, to Include Implementation Guidance

19 th ANNUAL MAINE TAX FORUM Solutions for ACA Implementation

IRS holds hearings on employer reporting requirements under health care reform

The Patient Protection and Affordable Care Act. An In-Depth Analysis of Provisions Directly or Indirectly Affecting Group Health Plans

An Employer s Guide to Health Care Reform. Important details to navigate employer-provided benefits amidst a changing health care landscape.

Affordable Care ACT. What you Need to Know. Presented by Rachel Cutler Shim

Health Care Reform 2013 Update. Presented by Rachel Cutler Shim

Health Care Reform Health Plans Overview

EMPLOYER MANDATE FACT SHEET

Affordable Care Act (ACA) Violations Penalties and Excise Taxes

Key Elements of Health Care Reform for Employers

FAQs For Employees About COBRA Premium Reduction Under ARRA (

Reference Guide for Part II of Form 1095-C:

SBAM Health & Welfare Benefits Compliance Checklist Including ERISA, ACA, Section 125, HIPAA, and other applicable federal statutes and regulations

IMPLEMENTATION OF HEALTH CARE REFORM

ACA - Healthcare Reform Update

The Affordable Care Act: Time to Prepare for 2014 and Beyond

ManpowerGroup Health Care Reform Webinar Follow-Up Q&A

Transcription:

informed on reform KEEPING YOU UP-TO-DATE ON THE PPACA Web Meeting Q&A Summary This Q&A overview summarizes the question and answer session that followed Cigna's September 22, 2011 health care reform webinar, which covered the Summary of Benefits and Coverage and Exchanges, and provided a recap of legislation to date. For additional detailed information, please visit www.informedonreform.com Summary of Benefits and Coverage Questions NOTE: Cigna's answers are based upon our current understanding of the law and current drafts of the National Association of Insurance Commissioners (NAIC) proposed documents and associated instructions, as of September 22, 2011. Q1: Our plan effective date is May 1st. Does the Summary of Benefits and Coverage need to be distributed at the start of the plan year or on March 23rd? Beginning March 23, 2012, health insurers and self-insured group health plans will be required to provide a standard Summary of Benefits and Coverage (SBC) to all individuals enrolling in medical coverage. This includes mid-year enrollment for new employees and those experiencing a special enrollment event. Except for the upon request requirement, the date by which the SBC needs to be provided is actually driven by the enrollment method. The legal requirements are: The SBC must be provided as part of any written application materials that are distributed by the plan or issuer for enrollment. If the plan does not distribute written application materials for enrollment, the SBC must be distributed no later than the first date the participant is eligible to enroll in coverage for the participant and any beneficiaries. In the case of renewal or reissuance, if the issuer requires written application materials for renewal (in either paper or electronic form), it must provide the SBC no later than the date the materials are distributed. If renewal or reissuance is automatic, the SBC must be provided no later than 30 days prior to the first day of the new policy year. To answer your specific question, if your employees are automatically enrolled, yes, they will need to receive the new SBC at least 30 days before May 1st. If they must enroll to continue coverage, the SBC must be provided when annual enrollment materials are distributed. Please visit the NAIC website to view the coverage examples: http://www.naic.org/committees_b_consumer_information.htm 9/27/2011 1

Q2: Is a broker allowed to create a summary of the plan that is different from the one issued by the carrier? In the case of a self-insured plan, the employer can delegate responsibility for preparation of the SBC to a third party such as its broker or consultant. The self-insured plan retains the compliance liability if the third party does not provide timely and complete SBCs. For fully insured clients, both the insurance company and the plan are responsible for compliance. While both have compliance responsibility, the proposed rules contemplate the parties agreeing for one or the other to do it and if the party delegated responsibility to meet the compliance requirements does so, then the other party s obligation is satisfied. CIGNA will not allow any changes to the SBC that it prepares for insured plans. Q3: Can you review what we know about the Summary of Material Modifications? If any material change is made to a plan during the plan year that is not reflected in the most recent Summary of Benefits and Coverage, a notice must be provided at least 60 days before the effective date of the change. A material change is any change that would be considered by an average participant to be an important enhancement or reduction in benefits. This timing applies only to changes that become effective during the plan year. Changes made at annual renewal do not require 60-day advance notice. Q4: Can you clarify further the information regarding carved in dental? If enrollment in a dental plan is dependent on electing health coverage, would this require that dental have an impact on the number of SBCs required? Dental is out of scope for PPACA unless it is packaged with a medical plan and is not provided in a separate certificate or booklet. If it is packaged with a medical plan, the only reference to dental on the SBC is whether or not a dental checkup is covered for children under the plan. Q5: Is the employer required to provide an SBC to all dependents over the age 18, similar to COBRA guidelines for notification? If the employee/participant and all beneficiaries reside at one address, only one SBC must be provided for that address. However, if the last known address of a beneficiary differs from that of the participant, a separate SBC must be provided to the beneficiary. 9/27/2011 2

Q6: Regarding alternate languages for plan documents, if the employer has a check box on the new hire application that reads, I understand and speak English, will they still need to translate the document into another language? The check box approach does not address the requirements in the proposed rule. If a certain percentage of the population in a county speaks a language other than English, the availability of materials in other languages must be communicated by: Including a notice of the availability of language assistance Providing translation upon request in certain limited languages Q7: Does the SBC have to include any info on an Health Savings Account (HSA) if that is offered? What if the employer contributes to the HSA? Currently, there no fields on the SBC to allow for HSA or Health Reimbursement Account (HRA) information to be included. However, an SBC will need to be provided for stand-alone HRA accounts. Q8: Will the Summary of Benefits also be required for Qualified Student Health Plans? Yes, Qualified Student Health Plans are subject to PPACA. Q9: Will the distribution of the SBC follow the electronic distribution requirements similar to the SPD? For group members, the SBC may be provided in paper form. Alternately, it may be provided electronically if the plan complies with the safe harbor of the ERISA electronic document rules. Q10: Regarding the SBC, is the document supposed to be specific to plan and tier? In other words, if you have 3 plans with 4 coverage tiers, do you need to provide 12 SBCs? Yes, an SBC will need to be created for every medical plan and coverage tier offering. To read more about the Summary of Benefits and Coverage, please visit our Fact Sheet at: http://www.cigna.com/assets/docs/about-cigna/ior_sbc_factsheet.pdf 9/27/2011 3

Exchange Questions Q11: It s my understanding that affordable coverage will be defined using household income. However, you mentioned an Employer Safe Harbor using the employee s W-2 income. Please explain. The Department of Treasury and the IRS have requested comments on a proposed regulatory safe harbor in which the affordability of coverage would be measured by whether the employee portion of the self-only premium exceeds 9.5% of the employee s W-2 wages. This would be based on the lowest cost coverage that provides minimum value. As proposed, a large employer would determine whether it met the affordability safe harbor at the end of a calendar year on an employee-by-employee basis. This is good news for large employers (1-50 or 1-100 employees, depending on how the state defines; in 2016 and beyond, uniformly 1-100). The law requires that affordability be determined with reference to an employee s household income. The regulatory safe harbor has been proposed in recognition of the fact that employers typically would not have visibility into an employee s household income. This safe harbor will allow employers to monitor and track potential exposure and, if necessary, adjust their contribution strategy. Q12: When determining the employee s affordability of their health plan in 2014 and beyond, are both premiums and cost-share (deductibles, copays, coinsurance) considered? No, just the premium (amount from their paycheck) is considered. Q13: What is the penalty for businesses not offering benefits in 2014 and beyond? Is there an exception for businesses with less than 50 full-time employees? How will the government define full-time? Under the law, an employer is not required to provide or maintain health insurance. However, employers with an average of at least 50 full-time employees will face a penalty if they do not provide coverage and one full-time employee receives a government subsidy to purchase insurance through an exchange. The penalty is $2,000 for each full-time employee (exception granted on the first 30 employees). Full-time employees are defined as those working 30 or more hours per week. Even if an employer does provide coverage to its employees, it is subject to an assessment if the coverage is unaffordable or does not provide minimum value. The penalty is the lesser of $3,000 per full-time employee that receives federal premium assistance for exchange coverage or $2,000 per full-time employees employed (minus the first 30). continued on page 5 9/27/2011 4

As defined by HHS, a plan provides minimum value if it pays at least 60% of the cost of services. As defined by HHS, a plan is affordable if a full-time employee does not have to pay more than 9.5% of household income for premium. The Treasury and the IRS requested comments on a proposed regulatory safe harbor that would allow employers to determine affordability using an employee s W-2 wages. The regulatory safe harbor has been proposed in recognition of the fact that employers typically would not have visibility into an employee s household income. Q14: What will happen if employers convert employees to 1099 contractors to avoid the 50 full-time employee threshold? For purposes of determining whether an employer has more than 50 full-time or full-time equivalent employees and is, therefore, subject to the so-called employer mandate, employers will have to consult with their legal advisors to determine whether particular individuals can be considered 1099 independent contractors and not employees. In addition, they should be mindful that 1099 independent contractors may not be eligible for coverage under an insured group health plan and that they would likely be violating state insurance law by providing coverage to 1099 contractors under a self-insured plan. Accordingly, employers should consider carefully all the possible consequences of changing the employment status of individuals that work for them. Q15: If the penalty is less costly than the employer premium, what s the incentive for the employer to provide insurance for their employees in 2014 and beyond? It s important to consider health, wellness and productivity, in addition to costs. First, the exact costs are unknown as plan designs and benefits on the exchange are not yet defined (e.g., Minimum Essential Benefits ), so a true understanding and comparisons cannot yet be made. Second, the rewards of better health benefit your employees, your company and your bottom line. You also have to consider what happens if you send employees to the exchanges and those individuals opt to go without coverage. No coverage means a loss of productivity, plus greater strain and higher costs on internal management resources. Q16: Will health plans cost the same on and off the exchange? A Qualified Health Plan (QHP) must charge the same premium for a particular individual or small group policy on or off the exchange. 9/27/2011 5

Q17: Does an employer have to auto enroll someone who actively elects to waive coverage (because they have access to coverage elsewhere)? Employers with more than 200 full-time employees are required to automatically enroll new full-time employees in one of the plans offered (subject to any waiting period authorized by law) and to continue the enrollment of current employees in health plans. Of course, an individual can opt-out and enroll in an exchange plan. In addition, employers with 200 or more employees are also required to provide a written notice to all new hires at the time of hiring and to all current employees no later than March 1, 2013. It needs to inform them, among other things, of the existence of an exchange. It also needs to explain how the employee may contact the exchange to request assistance in enrolling for coverage through the exchange. Q18: Does the employer have to offer coverage to Employee + Spouse, Employee + Child(ren) and Employee + Family or does just offering Employee Only coverage meet the affordability requirements? Beginning in 2014, an employer has to offer coverage to its employees and their dependents to satisfy the employer mandate. However, the affordability of the coverage is determined based upon whether the employee portion of the self-only (employee-only) premium for the lowest cost coverage that provides minimum value exceeds 9.5% of the employee s household income. Comparative Effectiveness Research Fee Q19: Can you address the Comparative Effectiveness Research Fee that will be due next year. What is the effective date for this provision? The Comparative Effectiveness Research Fee is a tax on group health plans and health insurance issuers to fund comparative effectiveness research. Effective for plan years beginning on and after October 2, 2011, insurers and self-insured group health plans must pay $1 per participant. The fee increases to $2 per participant in 2013, then to an amount indexed to national health expenditures for future years. The comparative effectiveness fee phases out by 2019. We are still awaiting guidance from Treasury on when and how to pay the assessment. 9/27/2011 6