Consumer-Driven Health Plans, HSAs & Tax-related Strategies to Control Health Costs

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Richard Cauchi Program Director National Conference of State Legislatures Consumer-Driven Health Plans, HSAs & Tax-related Strategies to Control Health Costs Rev 9/4/06 NCSL FISCAL ANALYSTS SEMINAR September 7, 2006 San Diego, CA Outline of presentation Health cost facts and trends Growth of Tax Exempt HSAs & HRAs Tax credits: business & individuals Reforms in KY, GA, AZ, MT, MA Conclusions NCSL handouts + online

Expert References Fronstin, Paul & Sara R. Collins Early Experiences With High-Deductible and Consumer-Driven Health Plans: Findings From the EBRI/Commonwealth Fund Consumerism in Health care Survey. www.ebri.org www.mercerhr.com Health Premiums Rising 4-54 5 Times Faster than Inflation and Wages, 1988-2005 20% 15% 10% 5% 12.0% 18.0% 14.0% 12.2% 10.3% 8.5% 5.9% Health Insurance Premiums Workers Earnings Overall Inflation 5.3% 10.9% 8.2% 12.9% 13.9% 11.2% 9.2% 0% 0.8% 1988 1990 1992 1994 1996 1998 2000 2002 2004 Source: KFF/HRET and Bureau of Labor Statistics. Paul Fronstin, EBRI for NCSL 4/06

Total health benefit cost increase slows for the third straight year Good News? All employers Paul Fronstin, EBRI for NCSL 4/06 18.6% 16.7% 17.1% 12.1% 10.1% 8.0% 7.3% 8.1% 6.1% 11.2% 14.7% 10.1% States 9.7% in 2005 7.5% 6.1% 2.1% 2.5% -1.1% 0.2% 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Average Annual Deductibles for Employee-Only Coverage, 2000-2005 2005 $600 2000 2001 2002 2003 2004 2005 $500 $400 $300 $200 $100 $- PPO In-Network PPO Out-of-Network Source: KFF/HRET. Adopted from Paul Fronstin, EBRI for NCSL 4/06

Health "Consumerism:" Potentials & Concerns Potentials Lower costs Reduction in use Use of lower cost services Better engaged consumer More satisfied consumer Better health outcomes/more appropriate care Improve affordability Concerns Low health literacy Reduce necessary care Induce demand for unnecessary care Lack of tools & resources to make decisions Impact on high cost users uncertain One-time savings Paul Fronstin, EBRI for NCSL 4/06

Health Savings Account (HSA) Allows for tax-free accumulation of savings. Tax free contribution; Tax free accumulation. Tax free withdrawals for health care services, COBRA and Long Term Care Ins. premiums, retiree health premiums for Medicare- eligible retirees. Must have qualified "High" Deductible health plan". Self-only: Minimum $1,050 annual deductible, $5,250 Out-of of- Pocket max Family coverage: Minimum $2,100 deductible, $10,500 Out-of of- Pocket max. Contributions Self-only: limited to level of deductible up to $2,700 max. Family coverage: limited to level of deductible up to $5,450 max. Catch-up contributions once age 55 of $1,000. Phased-in by 2009. Health Reimbursement Arrangement (HRA) Employer provided account that allows for pre-tax reimbursement of medical expenses. Typically combined with a high- deductible health plan, but not required. Employee contributions not permitted.

Large employers saving money with Consumer-Directed Health (CDHPs) Average cost per employee [Mercer NCSL, Apr. 2006] $5,714 $6,518 $6,630 $6,658 $6,709 CDHP /HSAs PPO Traditional indemnity HMO POS plan HRA & HSA Comparison Account Feature Health Reimburseme nt Arrangement (HRA) Health Savings Account (HSA) Ownership of funds Employer Employee "Use-itor-loseit" by end of benefit year? No, funds rollover No, funds rollover Access to account upon end of job Depends on employer Yes Who contributes Employer Both

HRA & HSA Comparison Account Feature Health Reimburseme nt Arrangement (HRA) Must be paired with high deductible No, but often is May be used with other accounts Yes, with limits Money can be used for non- health expenses Yes, subject to tax and penalties Tax treatment Not included in taxable income Health Savings Account (HSA) Yes Yes, with limits Yes, subject to tax and penalties Reduces taxable income Consumer-directed health plans gain momentum Percent of employers offering plan and likely to offer in future Large employers (500+) Jumbo employers (20,000+) State Gov t Employers 2003 1% 9% 2004 4% 12% 2005 5% 22% 6% Likely to offer in 2006* 13% 29% 22% Likely to offer in 2007* 17% 31% 22% *Selected 5 on a 5-point scale in which 1 = not at all likely and 5 = very likely. Includes employers that currently offer; 2007 figure includes employers likely to offer in 2006. Mercer Health & Benefits NCSL, April 2006

Employee contributions for CDHP coverage lower than for PPO and HMO coverage [Mercer] Large employers CDHP Employee-only only Family PPO Employee-only only Family HMO Employee-only only Family No contribution required 23% 7% 13% 5% 15% 5% Average monthly amount $57 $206 $78 $290 $67 $266 Average contribution as a % of premium 26% 35% 23% 33% 23% 33% State Legislatures Roles with HSAs Encourage wider use of federal HSAs. Create a state income tax exemption for deposits. Exempt from mandates that make high-deductible policies problematic. Require price transparency so consumers know costs of using their own $$. Regulate or restrict types of high deductible policies that can be offered or sold. Expand the types of financial institutions that can offer health savings accounts (credit unions, assoc.) Clean up older tax statutes affecting "Medical Savings Accounts"

New laws on HSAs in many states States that conformed to federal Internal Revenue Code for HSA Purposes, 12/04: AZ, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, LA, MD, MI, MO, MT, NE, NM, NY, NC, ND, OH, OK, OR, RI ('04), SC, UT, VT VA, WV (+ + see below) 30 States that changed laws in 2005-06 06 to conform to federal IRS Code for HSAs or expand use: AR, FL, GA, IN, IA, KY, MA, MN, MS, NV, NJ, OK, PA, UT (effective dates vary) (15) New laws on HSAs, continued States with HSAs for High Risk Pool plans: AL, AR ('05), CO, ID ('05), KY, LA, MD, MN, MO, NE, SD, WY (12) States with HSAs for state employees: AR ('04), FL ('05), KS ('06), OK ('05), SC ('05), SD ('04), UT ('06) (7) States that do not have state income tax: AK, FL, NH, SD, TN, TX, WA, WY (8)

Revenue impact of an HSA state tax exemption Volume matters! The maximum annual HSA contribution for: Self-only coverage is $2,700; Family coverage is $5,450. If state income tax rate is 6%, (KY, LA, GA, MO) state revenue loss for a couple is $327. If 50,000 couples claim max. exemption, revenue impact is (-)( ) $16.3 million annually. But, if only $2,000 actually deposited, revenue impact is only $6 million annually. Health price transparency laws: "What does it cost me??" If consumers are to spend their own $$, they want to know the real and comparative price. Prices rarely are available. No federal law applies to private market. Almost 30 states have some law or program related to medical price disclosure. Example: CA AB 1045 - hospitals must disclose top 25 procedures; results on state website.

Tax credits to spur individual and small business health insurance Kentucky 1998 Chap. 496 (HB 315) allows individual income tax deductions for payments for health insurance. Georgia HB 389 of 2005 Provides an additional tax credit equal to $500 per eligible new full time employee for one year. Does not require employer to pay health insurance if they do not provide health insurance for other existing employees. Begins with jobs created Jan. 1, 2006; ends Dec. 2010 Arizona HB 2177 of 06 (passed legislature 6/06) Creates a premium tax credit for small business (2-25 25 employees) & Individuals up to 250% FPL. Cap of $5 million. credit is the lesser of fifty percent of the premium or $1,000 for f coverage on a single person, $500 dollars for coverage on a child or $3,000 for r family coverage. Make small business insurance more affordable: Montana Small Business Health Care Affordability Act Tax credits to small businesses that are currently offering health insurance. New purchasing pool, State Health Insurance Purchasing Pool, to obtain health insurance. Pool insurance will be subsidized on a sliding scale basis. Program is funded by a tobacco tax. Other states have group purchasing arrangements (AR, CA, KS, OH, TX, NM, WI.) Kansas has plans for a subsidized pool.

Massachusetts Health Reform 2006 Covers 95% of the uninsured in 3 years Preserves federal Medicaid funding Simplifies health insurance for small businesses Reforms Uncompensated Care Promotes financial stability of health care system Rewards cost-effective, high quality care Encourages shared responsibility: government, individuals, employers, health care providers Mass. Continued: Strategies Commonwealth Health Insurance Connector: New State Authority Makes it easier to find affordable policies Reduces administrative burden for small business Allows more people to buy insurance with pre-tax dollars - Existing high-deductible plans can now be tied to Health Savings Accounts Allows part-time time and seasonal employees to combine employer contributions in the Connector Allows for portability for policies

Conclusions HSAs: continue to expand. More state employee plans. More use as tax shelter for affluent. Price Transparency also expanding. Potential to lower some prices. Tax credits and exemptions. Limited use, but ongoing interest. Federal push for more tax exemptions.