A Brief Review of Health Care Reform: the Patient Protection and Affordable Care Act of 2010 ( PPACA ) (slang: P-PAC )

Similar documents
The Academy and Health Reform

Patient Protection and Affordable Care Act

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

Health Care Reform Overview

Understanding the Impacts of Health Care Reform on Employers : 2014 and beyond

The Affordable Care Act: A Summary on Healthcare Reform. The Wyoming Department of Insurance

The Affordable Care Act: A Summary on Healthcare Reform. The Wyoming Department of Insurance

Health Care Reform Timeline Last Updated: March 12, 2014

EXPERT UPDATE. Compliance Headlines from Henderson Brothers:.

Health Care Reform Highlights

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

Complying with Health Care Reform

2014 and Beyond. This timeline explains how and when the Affordable Care Act (ACA) provisions will be implemented over the next few years.

Discussion of Key Health Care Reform Provisions Affecting Commercial Health Plans

U.S. HEALTH-CARE REFORM: THE PATIENT PROTECTION AND AFFORDABLE CARE ACT

PPACA Implementation and the Marketplaces aka Exchanges. Presented by: Cathy Cooper November 15, 2013

American Health Care Act (House-Passed Bill)

Pennsylvania Association of Health Underwriters Advisors and Advocates for Employers, Employees and Health Care Consumers

Gu i dance for Grou ps

11/14/2013. Overview. Employer Mandate Exchanges Medicaid Expansion Funding. Medicare Taxes & Fees. Discussion

HEALTH CARE REFORM Focus on Group Coverage Blue Cross and Blue Shield of Minnesota. All rights reserved.

THE AFFORDABLE CARE ACT...2

HEALTH CARE REFORM A FINANCIAL PERSPECTIVE SEPTEMBER 21, 2011

Here Are Things SEMA Members Need to Know

Health Care Reform Timeline

What s on the Horizon for Health Care and Public Benefits. May 8, 2013

8/7/2013 INSURANCE MADE SIMPLE. 1

Health Care Reform Overview

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

Hill Ward Henderson HEALTH CARE REFORM:

Health Care Reform: Chapter Three. The U.S. Senate and America s Healthy Future Act

Patient Protection and Affordable Care Act of 2009: Health Insurance Market Reforms

Health Care Reform in the United States

Issues for Employers as Health Care Legislation Moves to the Senate

The New Responsibility to Secure Coverage: Frequently Asked Questions

Priority Employer Issues for Senate Consideration of the Patient Protection and Affordable Care Act

Rhode Island League of Cities and Towns. Health Care Reform and the State Exchanges: What Cities and Towns Should Be Doing Now

Patient Protection and Affordable Care Act (PPACA): A Summary of Key Provisions and Implementation Planning in SC March 23, 2011

AFFORDABLE CARE ACT: STATUS CHART Health Plans

YOUR BUSINESS, YOUR FUTURE: WHAT YOU NEED TO KNOW ABOUT HEALTHCARE REFORM

Health Reform Update. April 1, Presented by: Chip Kerby Liberté Group LLC (202)

Executive Summary for Benefit Planning

Health Care Reform: The Financial Impact on the Employer

HEALTH CARE REFORM: THE EMPLOYER PERSPECTIVE

2013 ALABAMA SHRM STATE CONFERENCE

Rating and Underwriting Under the New Healthcare Reform Law

Summary of the Impact of Health Care Reform on Employers

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

Avik Roy: Universal Tax Credit Plan Summary

Effects of the Affordable Health Care Act

Health Care Reform and Religious Organizations

Employer Mandate: Employer Action Overview

The Affordable Care Act Update

Affordable Care Act. August 20 th, 2013 Stan W. Reynolds Vice President

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

FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE ACA:

Health Care Reform Update Grandfathered Status

GLOSSARY OF KEY AFFORDABLE CARE ACT AND COMMON HEALTH PLAN TERMS

Health reform: Guiding you through health reform compliance

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

Health Care Reform: Be Prepared for 2014

The Chamber Manitowoc County. Federal Health Care Reform What are your next steps? June 3, 2013

Health Care Reform after the Supreme Court Decision. Sharon Cohen, Mary Harrison, Tami Simon, and Rich Stover July 11, 2012

Executive Brief. Understanding the Impact of Health Care Reform on Your Business in 2013

Health Care Reform Update 6/12/2014

Health Reform: An Overview. Hinda Chaikind February 25, 2011

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

The Benefits Game: The Small Employer s Playbook for Affordable Care Act Compliance November 8, 2012

National Healthcare Reform Patient Protection and Affordable Care Act (HR 3590) & The Health Care and Education Reconciliation Act (HR 4872)

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

PATIENT PROTECTION AND AFFORDABLE CARE ACT, AS RECONCILED

6/20/13 Presented By: Mike Marchini, Beckie Lewis, & Liz Logsdon or

Provision Description Effective Date(s)

Benefits Report MARCH 2010

The Patient Protection and Affordable Care Act of Enacted March, 2010

Affordable Care Act (ACA) An Overview of Key Provisions

How Compliant is Your Organization? PPACA Updates and Our New Normal.

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

AFFORDABLE CARE ACT (ACA) QUESTIONS as of 4/6/15

Health Care Reform. Employer Action Overview

A special look at health care reform. Helping members make informed decisions. Special Edition 2013

Health Care Reform Information for Employees. Your options under health care reform

Health Reform Employer Perspective

SEBO s Health Care Reform Handbook

Health Care Reform Toolkit Large Employers

You are not required to do anything with this notice but it is recommended that you keep it with your other important legal documents.

Health Care Reform 2013 Update. Presented by Rachel Cutler Shim

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

Affordable Care Act Overview

Affordable Care Act Repeal and Replacement Legislation

Health Care Reform Path to Compliance

STATES SHOULD STRUCTURE INSURANCE EXCHANGES TO MINIMIZE ADVERSE SELECTION by Sarah Lueck

HEALTH CARE REFORM: EMPLOYER ACTION OVERVIEW

Key Medicaid, CHIP, and Low-Income Provisions in the Senate Bill Patient Protection and Affordable Care Act (Released November 18, 2009)

OVERVIEW OF THE AFFORDABLE CARE ACT. September 23, 2013

Affordable Care Act: Implications for Bargaining

Frequently Asked Questions about Health Care Reform and the Affordable Care Act

Improving the Mind, Body, and Spirit of Texans. Kevin C. Moriarty, President & CEO Methodist Healthcare Ministries April 2010

Keeping up with the new health care reform law 14376VAEENBVA Rev. 9/10 anthem.com

Transcription:

A Brief Review of Health Care Reform: the Patient Protection and Affordable Care Act of 2010 ( PPACA ) (slang: P-PAC ) As of September 7, 2010 I) Overview 1 The law seeks to achieve near-universal coverage in three ways: 1) requiring insurers to provide coverage to anyone who wants it; 2) making it feasible for insurers to offer such coverage (especially for people with existing medical conditions) by requiring everyone to obtain insurance, thus broadening the risk pool; 3) making sure that people can afford the insurance they will be required to have by providing subsidies (if needed). The key will be state-based insurance exchanges which begin in 2014, whereby people without employer-based insurance will be able to shop for health plans that meet coverage standards set out in the law. It is estimated that by 2018, 24 million people will be buying their insurance through exchanges, 19 million of which will receive at least some assistance from the federal government in the form of either premium credits or subsidies. Availability of insurance through exchanges is aimed at people who cannot obtain or afford coverage through their workplace, Either the employer does not offer it, the coverage is too expensive for the worker to purchase, or they are unemployed or self-employed. The exchanges will require insurance companies to offer certain standard levels of essential health benefits (to be defined by the U.S. Department of Health and Human Services). Benefit coverage will vary through what are typically referred to as metallic levels: bronze (covering 60% of the cost of the essential health benefits ), silver (70%), gold (80%) and platinum (90%). Since most of this assistance will not begin until 2014, the government has provided $5B in funding for the immediate (June 2010) creation of a nationwide high risk pool for those with existing medical problems and who have been uninsured for at least 6 months. II) Employer Considerations For the most part, there will be minimal impact in the near future on the majority of Americans with employer-based health insurance. Changes effective September 2010 include allowing adult children to age 26 to remain on parents coverage and the cessation of limitations on lifetime benefits. 2 Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 1

Grandfathering 3,4 Plans in existence when the law was signed are not immediately required to comply with all of the new regulations, though there are myriad exceptions. Over time all employer-based plans will be prohibited from using annual benefit limitations but initially will not be required to have all of the essential health benefits included in plans to be sold through exchanges. However, since PPACA does not use the term plan in the same context that ERISA does, and while it is not totally clear yet as to what would cause an employer-sponsored plan to lose its grandfathered status, most believe that since employers change benefits plans eventually, it is just a matter of time before most employer-based plans lose their grandfathered status and will need to conform to the full set of new rules. In fact, the National Business Group on Health recently reported that 85-90% of its surveyed members expect to lose their grandfathered status by 2011. Employer Coverage Provisions 3 Beginning in 2010, employers with as many as 25 employees and average wages of up to $50K will be able to obtain tax credits to help defray the cost of coverage. To qualify, the employer must pay at least 50% of premiums, and the size of the credit will vary based on the number of workers and their average annual pay. Beginning in 2014, businesses with up to 100 employees will be able to buy coverage through exchanges under the assumption that small groups collectively will gain the buying power of larger entities. Once an employer is in an exchange, it can stay even if it grows beyond 100 employees. Employers will be able to choose which metallic level they wish to offer and employees can choose from among various plans at that level. Thus, the employer will essentially determine how much they will contribute to employee premiums. Starting in 2017, states will have the option of opening exchanges to employers with more than 100 employees, at which point employers will have to decide how deeply involved they want to be in the delivery of health benefits. It s been said that if large companies direct their employees to exchanges, this shift could dismantle the long-standing employer-based model. Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 2

Penalties For Employers 3 Employers (with 50 or more employees) are not required to provide coverage, but if they don t they are likely to incur a penalty. A penalty is triggered if any employee receives a government subsidy to buy insurance through an exchange with specific rules as to what qualifies an employee for subsidies. Briefly, the penalties range from $2K-$3K per full-time employee (usually exempting the first 30 employees in the count). Employers offering marginally affordable coverage will be required to give qualifying employees vouchers to help buy coverage in the exchange. If the employee uses the voucher and also qualifies for government subsidies, the employer would not incur a penalty. Cadillac Plans Tax Penalty 5,6 Only a tiny fraction of employer-sponsored plans currently exceed the thresholds for this tax ($10.2K for individuals and $27.5K for families). However, beginning in 2018 a 40% excise tax will be imposed on such plans, which is certain to be passed on to the employer/consumer. The idea behind the tax is to make people with very generous insurance coverage more sensitive to medical costs, though presumably resulting in lower-benefit plans but with correspondingly lower premiums. Pay Or Play 7,8 With employer premiums in 2009 averaging over $4K for individuals and almost $10K for families, some question whether employers will decide to exit the market and just pay the penalty, i.e., pay rather than play. It has been postulated that larger companies will increasingly encourage their employees to utilize the exchanges, thus over time dissipating the expectation for employers to provide insurance. Also, the Congressional Budget Office has stated that lower health care benefits costs for employers will translate to higher employee wages, resulting in higher tax revenues to help pay for the new law. Most experts believe this to be a highly optimistic assumption. Exiting the system doesn t really become an issue until 2014 when the individual mandate, essential health benefits standards and exchanges begin. Employers will need to decide if the upsides of exiting (avoiding some or all administrative and reporting responsibilities, potential short-term cost savings, etc.) outweigh the disadvantages (no/limited access to health status data, the difficulty of gauging productivity effectively and assessing hidden costs of poor health, etc.). Incentives For Employers 9 The new law is very aggressive in terms of promoting rewards (including financial) to employees based on satisfaction of a standard related to a health status factor. This could mean anything from getting a flu shot to completing a health risk assessment to receiving prenatal care or virtually anything deemed important to employee health. Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 3

In 2014, the amounts allowed for rewarding healthy behavior will rise from 20% to 30% (of a combination of the employee and employer contributions to the health care premium dollars), and potentially to 50% if jointly allowed by the Secretaries of Health, Labor and Treasury. Employers are required to make special accommodations for people with extenuating medical circumstances and incentives cannot be a subterfuge for discriminating based on a health status factor. It remains to be seen how regulators will determine whether incentives reward people for healthy behaviors or punish them for bad genes. Other Employer Considerations 10,11 $5B has been set aside to give employers a financial incentive to cover retirees age 55-64 now. Employers can obtain reimbursement for certain expenses they incur in caring for early retirees and family members, which must be used to reduce premiums, copays, etc. There is one catch: the offer is good only as long as the $5B lasts. Also beginning in 2014, employers are prohibited from requiring new hires to wait more than 90 days before receiving health benefits, and must automatically enroll workers to make sure they are not left out of coverage. The Future For Employers 12,13,14,15 Expert consensus is that since PPACA does little to control costs, they will continue to rise. Some point to Massachusetts where despite near-universal coverage, health care costs have continued to rise. The law s mandates (adding adult children, taxes on insurers and suppliers, lower reimbursements to providers, prohibitions on pre-existing condition limitations and lifetime maximums, etc.) all put upward pressure on rates. In addition, increased utilization will increase costs. A 2010 study by Mercer predicts a further 4-6% increase in cost over current trend as a result of the new law. III) Insurers, Providers, Individuals (Briefly) 16,17,18 Insurers become subject to 3 major new rules in September 2010: 1) Sharp restrictions on rescission (revoking coverage after a claim is filed); 2) Inability to deny coverage to children with pre-existing conditions; 3) Inability to impose lifetime limits on benefits paid. Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 4

In addition, beginning January 2011, insurers are required to spend a minimum of 80% - 85% of income from premiums on medical care; less than that and they will be required to send rebates to customers. Individuals will be required to have insurance coverage beginning in 2014 or face financial penalties, which increase by 2016 to a maximum of $695 or 2.5% of income for an individual, and 2.5% of income for a family. Encouragement is given to the development of Accountable Care Organizations, networks of providers who agree to be responsible for the overall care of patients for the long term and in which providers are paid a set fee rather than fee-for-service, very similar to capitation-model HMOs of the 1990s. Also, member-owned, nonprofit, co-op insurance plans, which could team up with accountable care organizations are also being encouraged. (Two such co-ops currently exist one in Seattle and one in Minneapolis). IV) Opinions/Issues/Comments From The Experts 19,20,21 159 new committees, bureaus, agencies, etc. are created as a result of PPACA. Official estimates are that the new law will cost $938B over the next decade with a little more than half going to tax credits and other subsidies for small business and individuals through exchanges. The remainder will go to assist more people to obtain coverage through Medicaid and other programs for the poor and elderly. Funding for the law will come from other provisions that either reduce spending on existing government programs or impose new taxes and penalties on individuals and businesses (the latter including $27B from pharmaceutical companies, $60B from insurers, and a to-be-determined amount from excise taxes on medical devices, all certain to be passed on to consumers and employers). These are projected to generate over $1T (trillion) over the next decade. Some think the relatively small penalties (for individuals and businesses) which portend a potential problem of younger, healthier people not buying in, the prospect of loose enforcement (partially due to the toxic political environment and likelihood of lax enforcement in some states), and the absence of addressing rising health care costs combine to leave premium rises unchecked, compliance uncertain and spotty, and thus imperils the whole effort. If the intent of the law fails, some envision the emergence of a two-tier market in which regulated public plans serve as a safety net and private plans function as supplemental coverage, the latter perhaps sponsored by collectives rather than employers. In any case, the next several years are sure to be transformational for American health care insurance coverage. Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 5

Resources 1) Goldstein, Amy, Landmark: The Inside Story of America s New Health Care Law and What It Means for Us All, Washington Post Press, 2010, pp. 73-83 2) MacGillis, Alec, Ibid., pp.85-92 3) Hilzenrath, David S., Ibid., pp.153-161 4) Gray, Marybeth, Trion Consulting, Health Care Reform: Short-Term Implementation, Long- Term Implications, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 5) Montgomery, Lori, Ibid., pp.169-178 6) MacGillis, Alec, Ibid., pp.99-105 7) Hilzenrath, David S., Ibid., pp.153-161 8) Frye, Gerald W., The Benefits Services Group, Transformation of the Employee Benefits Value Proposition, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 9) Hilzenrath, David S., Ibid., pp.145-152 10) Hilzenrath, David S., Ibid., pp.157-158 11) Saracene, Kate Ulrich, Nixon/Peabody, Health Care Reform 2011 Action Item Timeline, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 12) Frye, Gerald W., Ibid. 13) Frye, Gerald W., The Benefits Services Group, Transforming Benefits Through Strategy, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 14) Fuerstenberg, Richard J., and James P. Wenke, Mercer Consulting, HC Reform: Are You Ready? Play or Pay, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 15) MacGillis, Alec, Ibid., pp. 191-194 16) MacGillis, Alec, Ibid., pp.93-98 17) MacGillis, Alec, Ibid., pp.85-92 18) Brown, David, Ibid., pp.135-143 19) Frye, Gerald W., The Benefits Services Group, Transformation of the Employee Benefits Value Proposition, Benefits Essentials Health Care Reform Seminar, Philadelphia, August 24, 2010 20) Montgomery, Lori, Ibid., pp. 169-178 21) MacGillis, Alec, Ibid., pp.85-92 Healthstat, Inc. White Paper A Brief Review of Health Care Reform Page 6