Employer Healthcare Reform Requirements in the Near-Term

Similar documents
Healthcare Reform Better Care Reconciliation Act Repeal & Replace

Health Care Reform Health Plans Overview

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

Important Effective Dates for Employers and Health Plans

An Employer s Guide to Health Care Reform

Notification of rights under the Affordable Care Act. Non-Grandfathered Group Health Plan Notice

Health Care Reform: Legislative Brief Important Effective Dates for Employers and Health Plans

what you need to know about healthcare reform 2010 changes

Benefits Report MARCH 2010

Quick Reference Guide: Key Health Care Reform Requirements Affecting Plan Sponsors

Treasury Decision 9491(II)(B) ... CLICK HERE to return to the home page. II. Overview of the Regulations

Health Care Reform Overview

EXPERT UPDATE. Compliance Headlines from Henderson Brothers:.

Overview of New Reform Law. Federal Healthcare Reform: Impacts on Employer-Sponsored Plans. Agenda

Health Care Reform under the Patient Protection and Affordable Care Act ( PPACA ) provisions effective January 1, 2014

National Health Insurance Reform

IMPLICATIONS OF THE AFFORDABLE CARE ACT FOR COUNTY EMPLOYERS

The Affordable Care Act and the Essential Health Benefits Package

Tech Flex. Topics Covered in this Issue:

How the Affordable Care Act Affects Colleges and Universities

Health Care Reform in the United States

Overview of Health Care Reform

Summary of the Impact of Health Care Reform on Employers

PATIENT PROTECTION AND AFFORDABLE CARE ACT, AS RECONCILED

Patient Protection and Affordable Care Act Overview

PPACA Uniform Compliance Summary

Health Care Reform Update

New Health Care Laws: Top 10 Things Employers Need to Consider Before 2012

SANTA CLARA UNIVERSITY GROUP BENEFIT PLAN

COMMENTARY. Grandfathered Plans JONES DAY

Health Reform Summary March 23, 2010

Frequently Asked Questions: Benefit Changes

HEALTH CONCEPTS AND TAX CONSIDERATIONS

GLOSSARY OF KEY AFFORDABLE CARE ACT AND COMMON HEALTH PLAN TERMS

Health Care Reform: Benefit Plan Considerations for Employers

Crosses the Finish Line. A presentation for the Manufacturer & Business Association

HealtH Care reform 2012 and beyond

PRIVATE HEALTH INSURANCE MARKET REFORMS. Presented to AICP, Western Chapter By Kenneth Schnoll May 6, 2010

In Effect Now In Effect September 23, 2010 In Effect January 1, 2011

AFFORDABLE CARE ACT: STATUS CHART Health Plans

AFFORDABLE CARE ACT LARGE EMPLOYER HEALTH REFORM CHECKLIST. Edition: October 2017

Health Care Reform. Navigating The Maze Of. What s Inside

AFFORDABLE CARE ACT LARGE EMPLOYER HEALTH REFORM CHECKLIST. Edition: August 2015

Executive Summary for Benefit Planning

AN ACT (H. B. 2834) (No ) (Approved November 1, 2010)

Health Care Reform Timeline Last Updated: March 12, 2014

The Affordable Care Act

AFFORDABLE CARE ACT SMALL EMPLOYER HEALTH REFORM CHECKLIST. Edition: November 2014

Healthcare Reform Update: The Latest Guidance

Update on Implementation of the Affordable Care Act

Rating and Underwriting Under the New Healthcare Reform Law

Table of Contents. Introduction Summary of the PPACA Patient Protection Requirements Grandfathered versus Non Grandfathered Plans...

Excise Taxes for Group Health Plan Violations

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

Affordable Care Act Overview

By Larry Grudzien Attorney at Law

Legal Requirements with ObamaCare

What is The Affordable Care Act and how does it affect me?

Simple answers to health reform s complex issues facing every employer, and what you can do now to protect your business and your future.

Health Care Reform 2010 Key Employer Issues

Impact on the State Health Insurance Program of the Patient Protection and Affordable Care Act

AFFORDABLE CARE ACT. Group Health Plan- The definition appears in Section 2791(a) of the PHSA, which states as follows: PPACA defines a selfinsured

Health Care Reform Frequently Asked Questions

Health Care Reform: What It Means for Employers and the Health Plans They Sponsor APRIL 22, 2010

Healthcare Reform. Greg Collins. Health Care Reform: Implications for Employers. President & CEO Parker, Smith & Feek.

Healthcare Reform for Small Employers Presented by: Larry Grudzien

ERISA: Title I, Part 7

Health Care Reform Compliance Workshop: Your Questions Answered

ACA Violations Penalties and Excise Taxes

H E A L T H C A R E R E F O R M T I M E L I N E

Federal Health Care Reform

HEALTH CARE REFORM: THE EMPLOYER PERSPECTIVE

Patient Protection and Affordable Care Act

The Politics and Impact of PPACA on Brokers and Employers

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

Yes. Some of the services this plan doesn t cover are listed on page 4

The Fiscal Cliff: What You Need to Know. Ken Hydock, Esq., CPA Ken Bagner, CPA, MST December 11, 2012

REPORT OF THE COUNCIL ON MEDICAL SERVICE

AFFORDABLE CARE ACT LARGE EMPLOYER HEALTH REFORM CHECKLIST

Health Care Reform Laws and their Impact on Individuals with Disabilities (Part one)

Health Reform Employer Perspective

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

National Association of Health Underwriters Comparison of the Democratic Comprehensive Health Reform Measures March 19, 2010

Final Benefit and Payment Parameters Regulations Have Wide Ranging Implications Cost-Sharing Limits

Employer Mandate: Employer Action Overview

Health Care Reform: Not Everything Has Been Delayed

Affordable Care Act - Individual Rights & Responsibilities

Provision Description Effective Date(s)

Health Care Reform Checklist

MVP Insurance Agency October 2013 Newsletter - Your Health Care Reform Partner

Affordable Care Act (ACA) Violations Penalties and Excise Taxes

CONSEQUENCES. Popular media coverage of healthcare reform has focused largely on how individual consumers might be affected.

Overview of Grandfathered Plans

Health Care Reform at-a-glance

Health Care Reform Provides No Relief for Employers

SENATE RELEASES DRAFT ACA REPLACEMENT BILL

FAQ New Health Insurance Law

Health Care Reform Overview

Protecting Against Catastrophic Loss Post-Health Care Reform Legal Aspects

Health Care Reform: General Q&A for Employees

Transcription:

Employer Healthcare Reform Requirements in the Near-Term On March 23, 2010, President Obama signed into law The Patient Protection and Affordable Care Act (H.R. 3590). As of this writing, 1 the Congress has passed The Health Care and Education Reconciliation Act of 2010 (H.R. 4827), and the bill goes to President Obama for his signature. H.R. 3590, when combined with H.R. 4827, comprises the overall healthcare reform legislation package. 2 Effective dates of the various provisions in the combined package range from the date of enactment 3 through the year 2018. What are the mandatory employer requirements that become effective immediately? This article identifies the healthcare reform requirements employers must address as early as the next plan renewal cycle, as well as other important requirements that become effective in the nearterm following enactment of healthcare reform. The following provisions in the legislation should be reviewed and then compared against the employer s plan(s) and plan operations for compliance. Plan design changes and plan amendments may be required in order to implement these changes. Coverage of dependents to age 26 4 Requirement: Group health plans covering dependents must cover adult children, married or unmarried, whether a tax-dependent or not, to age 26. There is no requirement to cover the children of covered adult children. The tax exclusion 5 for employer-provided coverage is extended to adult children through age 26. 1 March 25, 2010. 2 This analysis is based on the combined healthcare reform package of The Patient Protection and Affordable Care Act (H.R. 3590) and The Health Care and Education Reconciliation Act of 2010 (H.R. 4827) as passed by the Senate on March 25, 2010. Should H.R. 4827 fail to be enacted in its current form, the information contained herein would change substantially and should not be used as is. 3 March 23, 2010. 4 For some plans, compliance will be required before January 1, 2011. These plans would typically include those with plan years beginning on or after October 1, November 1, or December 1, for which compliance will be required during the plan start date in 2010. 5 Although the legislation requires plans to cover children until the date of their 26 th birthday, the new law permits employees to exclude the value of employer provided health coverage through the end of the year in which the dependent reaches age 26. This will provide additional relief for employers who must impute income on employees in states where mandates currently extend coverage beyond age 26. Page 1 Gallagher Benefit Services, Inc. 2010

Exceptions: For plan years beginning prior to January 1, 2014, grandfathered plans 6 are not required to cover such dependents if they are eligible for other employer-sponsored coverage. Otherwise there is no exception for grandfathered plans. No lifetime or annual dollar limits permitted Requirement: Group health plans are banned from imposing lifetime limits or annual limits on the dollar value of benefits for any participants. Exceptions: For plan years beginning prior to January 1, 2014, a group health plan may establish a restricted annual limit on the dollar value of benefits with respect to essential benefits 7 as determined by the Secretary of the Department of Health and Human Services. 8 There is no exception for grandfathered plans. No pre-existing condition exclusions for children under age 19 Requirement: Group health plans are prohibited from imposing any pre-existing condition exclusion on children under age 19. Beginning in 2014 group health plans and insurers will be prohibited from applying any preexisting condition limitation to any covered participant. Rescission of coverage only if fraud or intentional misrepresentation Requirement: Group health plans may not rescind health coverage except in the case of fraud or intentional misrepresentation of material fact 9 where so prohibited by the plan. 6 Grandfathered plans are those in effect as of the date of enactment, or March 23, 2010. 7 Essential benefits as defined under H.R. 3590 are to be defined by the Secretary of the Department of Health and Human Services ( HHS ). Essential benefits shall consist of at least the following categories or services: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance abuse services; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services; and pediatric services, including oral and vision care. 8 Practice pointer: Employers may wish to consider removing all annual dollar limits on essential benefits until further guidance is given as to what types of restricted annual limits are permissible. 9 Practice pointer: This issue is more likely to arise in the insurance context than in the self-funded arena, yet the requirement applies to self-funded plans as well. Page 2 Gallagher Benefit Services, Inc. 2010

Qualified medical expense for HSAs, FSAs and HRAs excludes OTC medications Effective date: Taxable years after December 31, 2010. Requirement: The definition of qualified medical expense for purposes of HSAs, FSAs and HRAs is now limited to prescribed medications and insulin. The previous expansion to include over the counter medications has been repealed. Note: prescribed medication includes medications that are also available over the counter as long as the medication requires a prescription for the covered individual. 10 Form W-2 Reporting Requirement Effective date: Taxable years beginning January 1, 2011 (i.e., the Form W-2 that will be distributed in January 2012). Requirement: Employers must report the value (or aggregate cost) of employer-sponsored coverage for each employee (using the COBRA rules for determining "applicable premium") on an employee's Form W-2. The value does not include HSA or salary reduction FSA contributions. First dollar coverage for preventive care benefits Requirement: Group health plans are required to provide coverage for a broad list of preventive health services, and may not impose any cost-sharing requirements on such services. These services 11 include: o Immunizations o Preventive care and screening for infants, children, and adolescents o Preventive care screenings for women Emergency services 10 This represents a reversal of the relatively recent expansion of such definition to include over-the-counter medications. Plans that were amended to include reimbursement for OTC medications will need to be changed again. 11 H.R. 3590 describes in further detail the types of immunizations and screenings required. Page 3 Gallagher Benefit Services, Inc. 2010

Requirement: If emergency services are covered at all at a hospital, there may be no requirement for pre-authorization, whether the provider is in-network or out-of-network. Emergency services at nonnetwork providers where the plan provides some benefits must be covered on the same basis as innetwork providers. Exceptions: Grandfathered plans are not subject to this requirement. Choice of healthcare professional, pediatrician Requirement: If a group health plan requires designation of a participating primary care provider, the participant may designate any available participating primary care provider. In the case of children, any participating pediatrician may be designated as the primary care provider. Exceptions: Grandfathered plans are not subject to this requirement. Obstetrical or gynecological care Requirement: If obstetrical or gynecological services are covered and the plan requires designation of a participating primary care physician, there may be no requirement for pre-authorization or referral for a woman to seek obstetrical or gynecological care from a participating obstetrician or gynecologist. Nondiscrimination requirements apply to fully-insured plans Requirement: Fully insured plans must now fulfill the nondiscrimination requirements of Internal Revenue Code Section 105(h), which prohibits discrimination in favor of highly compensated employees. This is an expansion of the current nondiscrimination requirement for self-funded plans, which remain subject to these rules. Appeals Process Page 4 Gallagher Benefit Services, Inc. 2010

Requirement: Group health plans will be required to establish an effective appeals process with respect to coverage determinations and claims. Participants must be able to continue receiving coverage during the appeal. The processes must include internal and external review procedures meeting certain requirements. 12 Currently, plans subject to ERISA must comply with the Department of Labor claims regulations. The new requirement applies to ERISA and non-erisa plans alike. Exceptions: Grandfathered plans are not required to implement the above. There are many issues included in the healthcare reform legislation that are not addressed in this analysis, including other provisions that become effective in the near term. The intent of this analysis is to address the immediate mandatory requirements affecting employers. GBS is committed to helping you effectively navigate this significant change for the benefit of your organization, your employees and their families. There is more to come and we look forward to assisting you. Please contact your Gallagher Representative with any questions. ---------------------------------------- The intent of this analysis is to provide you with general information regarding the provisions of current healthcare reform legislation. It does not necessarily fully address all your organization s specific issues. It should not be construed as, nor is it intended to provide, legal advice. Questions regarding specific issues should be addressed by your organization s general counsel or an attorney who specializes in this practice area. 12 The requirements for internal review include notice to enrollees of available appeals processes, plus the opportunity to review their file and present evidence. The requirements for external review include consumer protections and standards to be established by HHS. Page 5 Gallagher Benefit Services, Inc. 2010