Friday, July 16, 2010
HHS Releases Final Interim Guidance – Coverage of Preventive Health Services without Cost-Sharing
Under the regulations, plans must cover without copay, coinsurance or deductible – certain preventive services that have “strong scientific evidence of their health benefits.”
These are interim final rules (IFRs), which means final rules may eventually differ, but these rules are final in the interim. As additional clarification is made available whether through rule-making or otherwise, we’ll share that information with you.
General highlights of new regulations:
• Grandfathered plans are exempt for as long as they remain grandfathered.
• Non-grandfathered plans (i.e., plans either not in effect on March 23, 2010 or that made changes since then resulting in loss of grandfathered status) must comply with the no-cost-sharing requirement beginning with the first plan year on or after September 23, 2010.
• Preventive services are to be covered without any cost-sharing requirement when delivered by a network provider.
• Employers and insurers are not required to provide coverage for recommended preventive services delivered by an out-of-network provider or may impose cost-sharing for recommended preventive services delivered by an out-of-network health care provider.
• If a guideline for a recommended preventive service does not specify the frequency, method, treatment, or setting for the service, the plan or issuer may use "reasonable medical management techniques" to determine any coverage limitations on the service.
General list of services to be offered without copay, coinsurance or deductible:
Evidence-based preventive services: This list of items is taken from the current recommendations of the United States Preventive Services. They are included only if they have a rating of A or B. This broad list generally includes:
• Breast cancer and cervical cancer screenings
• Colon cancer screenings
• Screening for vitamin deficiencies during pregnancy
• Screenings for diabetes, high cholesterol and high blood pressure
Routine vaccinations: A list of immunizations – recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention – are included in the rule. They are considered routine for use with children, adolescents, and adults and range from childhood immunizations to periodic tetanus shots for adults.
Prevention for children: The rule includes preventive care guidelines for children – from birth to age 21 – developed by the Health Resources and Services Administration with the American Academy of Pediatrics. Services include regular pediatrician visits, vision and hearing screening, developmental assessments, immunizations, and screening and counseling to address obesity.
Prevention for women: The regulation mandates certain preventive care measures for women. These recommendations will be in place until new requirements for prevention for women are issued by the United States Preventive Services Task Force or appear in comprehensive guidelines supported by the Health Resources and Services Administration.
A full list of covered preventive services issued as part of the Interim Final Regulations may be reviewed at: http://www.healthcare.gov/center/regulations/prevention/taskforce.html
Billing and Office Visits.
If a recommended preventive item or service is billed separately from an office visit, then cost-sharing may be applied to the office visit.
If a recommended preventive item or service is not billed separately from an office visit and the primary purpose of the office visit is the delivery of such item or service, then cost-sharing requirements may not be imposed with respect to the office visit.
If a recommended preventive item or service is not billed separately from an office visit and the primary purpose of the office visit is not the delivery of the preventive item or service, then cost-sharing may be applied to the office visit.
GRANDFATHERING FACT SHEET
Grandfathering allows groups and individual members that keep their existing plan from March 23, 2010, to January 1, 2014, to be exempt from the new product and rating framework that is effective in 2014. To maintain grandfathered status, a client must continue to keep the plan and the plan’s benefits essentially the same. Grandfathering also exempts plans from some of the requirements of the plan-related provisions effective September 23, 2010.
The following changes can be made without impacting grandfathered status:
• Changes in premiums of a policy or plan
• Changes required to comply with federal or state law
• Changes to increase benefits, or voluntarily comply with provisions of the Patient Protection and
Affordable Care Act
• Changes to plan structure, for example, switching from a health reimbursement arrangement to major
medical coverage, or from insured to self-funded coverage
• Changes to a provider network
• Changes to a prescription drug formulary
• Changes to accommodate mergers and acquisitions (as long as the merger or acquisition is not done solely
to allow a group to move from one grandfathered plan to another when the plan would reduce benefits or
increase cost sharing in excess of that allowed by the regulations)
• Changes to an ASO plan’s third party administrator
The following changes would cause a loss of grandfathered status:
• Eliminate all (or substantially all) benefits to diagnose or treat a particular condition.
• Increase coinsurance (or another percentage cost-sharing requirement) above the level at which it was set
on March 23, 2010. In other words, any increase in an insurer or plan’s coinsurance will result in a loss of
grandfathered status.
• Increase fixed-amount cost-sharing requirements other than copayments, such as a deductible or an out-
of-pocket limit, by a total percentage (measured from March 23, 2010) that is more than the sum of
medical inflation plus 15%.
• Increase copayments above the level in effect on March 23, 2010, by an amount that exceeds the grater of
(a) the sum of medical inflation plus 15%, or (b) $5 increased by medical inflation.
• Reduce employer contributions (calculated by cost or formula, such as hours worked) toward any tier of
group health insurance coverage or a group health plan by more than 5% below the contribution rate on
March 23, 2010.
• Impose an annual limit on the dollar value of benefits if an annual or lifetime limit had not been previously
imposed on all benefits or, for plans that previously imposed a life time limit of all benefits, imposed an
overall annual dollar limit that is lower than the lifetime limit, or for plans that previously imposed an annual
limit on all benefits, decreases the dollar value of the annual limit.
• Issuer or plan sponsor does not disclose to participants and beneficiaries that the plan or coverage is a
grandfathered health plan.
• Change from one insurer to another.
Thursday, April 29, 2010
HEALTH CARE REFORM: IMPACTS ON EMPLOYERS
The newly enacted federal Patient Protection and Affordable Care Act (the "Act") makes significant changes to the health and other benefits that employers offer to their employees. Additionally, there are administrative requirements in the act with which an employer will need to comply. It is imperative that employers have a detailed understanding of what changes are on the immediate horizon, as well as what changes will be required in the future, so that they may adequately plan and account for the administrative and financial impact of these changes to their business and on their workforce.
Changes required in 2010
There are numerous changes that the act makes effective this year.
Grandfathering
The act does explicitly permit the employer to maintain current health coverage for individuals already enrolled, subsequently enrolled family members and new hires.
Adult children up to age 26 are eligible to receive coverage from their parent's plan, regardless of students status or marital status. These children need not be supported by or living with their parents. This provision also applies to "grandfathered" plans.
No lifetime maximum benefit limits may be imposed. This provision also applies to "grandfathered" plans.
Employers' plans must provide preventive care without cost sharing, and must cover certain child preventive services.
Changes required in 2011
Beginning in 2011, the act will require several changes to FSAs, HRAs HSAs. Employees will not be able to receive pre-tax reimbursements from the FSA, HRA or HAS for non-prescribed over-the counter medications. Nonqualified HAS withdrawals is increased from 10 percent to 20 percent.
The requirement that employers report the value of employer-provided health coverage on each employee's W-2 is effective in 2011.
The act also establishes a new, government-run voluntary long-term care program called the CLASS Act.3
Employers must automatically enroll employees into the program and make payroll deductions for the premiums, although employees can elect not to participate. Employers may choose not to participate in the program.
Changes required in 2012
One important change made by the act unrelated to health benefits requires employers beginning in 2012 to provide an IRS Form 1099 to all corporate service providers receiving more than $600 per year for services or property.
Changes required in 2013
Effective in 2013, employee contributions to FSAs will be capped at $2,500 annually, with the cap adjusted annually to the Consumer Price Index.
New employee notice required
Effective March 1, 2013 the act requires employers to issue a new notice to employees containing information about state exchanges, the availability of premium assistance if the actuarial value of the employer's plan is below 60 percent, and the availability of free choice vouchers in the upcoming plan year (2014).
The exchanges
Beginning in 2014, states will begin to operate what are called "exchanges", which are marketplaces for individuals and some employer groups to obtain private health insurance choices. In 2014, small group employers with fewer than 100 employees are eligible to purchase health insurance coverage in the exchange; while beginning in 2017, states may choose to open the exchanges to employers with more than 100 employees.
Individual and employer responsibilities about health care coverage
Beginning in 2014, individuals also have the personal responsibility to obtain qualifying health coverage. They can do this by enrolling in an employer-sponsored health plan, a government-sponsored health plan or a health plan in the exchange, if they meet the criteria to qualify to buy in the exchange. Prior to 2014, each employer will need to calculate how many full-time (or full-time equivalent) employees it employs to determine whether or not it must comply with the act's 2014 provision.
The employer must count all full-time employees (defined as those working 30 or more hours per week, determined on a monthly basis) and must also take into account part-time employees on a full-time equivalency basis.
New employer penalties
If an employer has 50 or more full-time employees, then the employer may be subject to penalties under the act if it provides either no health coverage to full-time employees, or provides coverage to full-time employees that is not affordable.
Changes in benefits
Waiting period changes: An employer may not impose a waiting period greater than 90 days for the employee to satisfy before getting health coverage.
New Employer Administrative Reporting
Finally, the act will require employers to annually report to the IRS a number of pieces of data, including the following:
- Whether the employer offers minimum essential coverage to full-time employees;
- Any waiting period for health coverage;
- The monthly premium for the lowest cost option in each enrollment category under the plan;
- The employer's share of the total allowed cost of benefits provided under the plan;
- The number of full-time employees during each month;
- The name, address and taxpayer identification number (or Social Security number) of each full-time employee, and the months each employees was covered under the employer's plan, and
- "Such other information as the (HHS) Secretary may require."
Changes Required in 2018
Finally, in 2018 a 490 percent excise tax on high-cost plans will be applied to plans costing more than $10,200 for individual coverage, or $27,500 for family coverage. The thresholds are adjusted to $11,850 and $30,950 for retirees over age 55 and individuals in high-risk professions.
Thresholds will be indexed to the Consumer Price Index (CPI) plus 1 percent in 2019.
Small Business Health Care Tax Credit: Frequently Asked Questions]
The credit is calculated as follows:
(2) Employer's withholding and Medicare taxes: $30,000
(3) Total 2010 tax credit is $20,000 (the lesser of $20,000 and $30,000).
(2) Credit reduction for FTEs in excess of 10: ($33,600 x 2/15) = $4,480
(3) Credit reduction for average annual wages in excess of $25,000: ($33,600 x $5,000/$25,000) = $6,720
(4) Total credit reduction: ($4,480 + $6,720) = $11,200
(5) Total 2010 tax credit: ($33,600 – $11,200) = $22,400.
b. 3,120 hours for the 3 employees paid for 1,040 hours each (3 x 1,040)
c. 2,080 hours for the 1 employee paid for 2,300 hours (lesser of 2,300 and 2,080)
10. How is the amount of average annual wages determined?
Example. For the 2010 tax year, an employer pays $224,000 in wages and has 10 FTEs.
Tuesday, April 27, 2010
SMALL BUSINESS HEALTH CARE TAX CREDIT
Tax Credit for Small Groups
The IRS recently released materials for those wishing to claim the small business health care tax credit for 2010. A provision of the Patient Protection and Affordable Care Act (PPACA), this tax credit is designed to encourage small groups to offer health care coverage for the first time or enable them to maintain the coverage they already have. It will likely provide assistance to about four million small businesses.
This tax credit can be significant for a qualifying small group. In 2010, the maximum credit is 35% of employer-paid premiums; for tax exempt organizations, the maximum is 25% of employer-paid premiums. In 2014, the maximum increases to 50% of employer-paid premiums; for tax-exempt organizations, it increases to 35% of employer-paid premiums. In order to qualify for the credit, the employer must not employ more than 25 employees and the average annual compensation of those employees must not exceed $40,000.
Eligibility Rules
- Providing health care coverage. A qualifying employer must cover at least 50 percent of the cost of health care coverage for some of its workers based on the single rate.
- Firm size. A qualifying employer must have less than the equivalent of 25 full-time workers (for example, an employer with fewer than 50 half-time workers may be eligible).
- Average annual wage. A qualifying employer must pay average annual wages below $50,000.
- Both taxable (for profit) and tax exempt firms qualify.
- Maximum Amount. The credit is worth up to 35 percent of a small business premium costs in 2010. On January 1, 2014, the rate increases to 50 percent (35 percent for tax-exempt employers).
- Phase-out. The credit phases out gradually for firms with average wages between $25,000 and $50,000 and for firms with the equivalent of between 10 and 25 full-time workers.
Examples of Employers Receiving the Credit
Example 1: Auto Repair with 10 Employees Gets $24,500 Credit for 2010
Main Street Mechanic:
- Employees: 10
- Wages: $250,000 total, or $25,000 per worker
- Employee Health Care Costs: $70,000
Example 2: Restaurant with 40 Part-Time Employees Gets $28,000 Credit for 2010
Downtown Diner:
- Employees: 40 half-time employees (the equivalent of 20 full-time workers)
- Wages: $500,000 total, or $25,000 per full-time equivalent worker
- Employee Health Care Costs: $240,000
Example 3: Foster Care Non-Profit with 9 employees Gets $18,000 Credit for 2010
First Street Family Services.org:
- Employees: 9
- Wages: $198,000 total, or $22,000 per worker
- Employee Health Care Costs: $72,000
FSA's in Healthcare Reform
What specific provisions does the new health care reform law put in place regarding the administration of health care Flexible Spending Accounts (FSA's)?
The new law includes two provisions related to health care FSAs, as well as other tax-advantaged benefits: 1) over-the-counter (OTC) medicines and drugs will no longer be eligible for reimbursement without supporting documentation, such as a physician's prescription; and 2) employee contributions will be limited to a maximum of $2,500 a year.
Effective January 1, 2011, the new law mandates that health care FSA participants will no longer be able to claim OTC medicines and drugs as an eligible expense for reimbursement with without supporting documentation, such as a physician's prescription. It is important to note that many OTC supplies, as well as insulin, will remain eligible for reimbursement without supporting documentation under the new rules.
The $2,500 annual cap will be effective for FSA plan years that begin on and after January 1, 2013.
How will the $2,500 cap affect FSAs?
It is not anticipated that there will be a significant impact on health care FSA participation as a result of the health care reform legislation. Data shows that the average individual health care FSA election is $1,423, much lower than the $2,500 cap to be imposed.
Given health care reform's focus on affordability, FSA's will continue to be one of the most effective methods offered by employers to help their employees manage out-of-pocket spending, while also reducing their company's payroll taxes.
What should employers tell employees as we prepare for this year's open enrollment?
The approach to employee education for health care FSA's has always focused on advising employees to closely review their anticipated annual medical spending to properly set their election amount. That shouldn't change. Not only should they review what they have typically spent in previous years, but they should also consider expenses for procedures that they need or want to have done in the next year or two.
Which employers are subject to the play or pay mandate under health care reform legislation and how does the legislation define "full-time" employees?
The law says the requirements apply to "large" employers, and then defines "large" as an employer with 50 or more fill-time equivalent employees. A "full-time employee" works 30 or more hours per week.
The employer "play or pay" mandate provisions will not take effect until 2014, so employers have some breathing room to understand how this provision will be eventually implemented.
For employers with 50 or more full-time employees that DO NO OFFER employees minimum essential coverage, and at least one of the employer's full-time employees gets subsidized health coverage through a health insurance exchange, a "Free Rider" penalty of $2,000 per full-time employee (after subtracting the first 30 full-time employees) will be imposed on the employer.
For employers with 50 or more full-time employees that DO OFFER minimum essential coverage, but the coverage is inadequate or unaffordable for the employees, the law penalizes them with the lesser of the following:
- $2,000 per full-time employee (after subtracting the first 30 full-time employees)
- $3,000 per full-time employee receiving subsidized health coverage through an exchange
Wednesday, February 10, 2010
Controlling Health Insurance cost: More Insurance?
So what's it gonna cost me? Lets build a model. First let's build an individual model then second a business model.
There is only one formula truly for both. You must have the conscience of good health. Then for the unexpected we need a major medical or catastrophic insurance that will keep our expenses from unfortunate events somewhere within reason with an ability to pay in a few years if need be. Example: A 5 day stay in a hospital, (the average) will cost about $5,000 to $10,000 a day for a total bill of between $25,000 & $50,000 that is difficult to pay for most people in a few years. But, lets say you have an insurance policy that has a $5,000 deductible with a co-insurance of another $5,000 that leaves you a $10,000 bill after which the insurance company now pays 100%. That's a bill most everyone can reasonably pay. Most hospitals and doctors take payments and negotiate bills. The point is there's a way out of a $10,000 bill vs. $50,000 & up.
So now let's tackle the $10,000 portion of non-coverage to reduce our out-of -pocket risk even further. Buying a coverage of a $5,000 deductible & up is very cost efficient with much lower premiums. There are several ways to offset this, the first being a gap plan that covers some of the major expenses when you have an event that reaches this level. A gap plan can cover portions of hospital stays, surgery, anesthesia even prescription drugs. These plans are inexpensive and you can justify the costs with the savings you get from the purchase of a high deductible plan. There is another way to offset the deductible and costs. These plans are usually called voluntary plans because while most plans are offered through work as voluntary insurance, they can be purchased on an individual basis. They also are very inexpensive (less than $75 a month on average) while most of the polices, such as cancer plans, accident plans, critical illness (heart, stroke etc..) & hospital plans can over indemnify, meaning their benefits are not tied to your costs while many times paying hundreds and thousands more for an event than the actual hospital and doctor costs.
Now lest not forget that every event we have always, always has expense associated with it that has nothing to do with hospitals and doctors. Missing work, not getting paid for a disability can add up pretty quickly and does devastate families all by itself. Just let your mind think about all the other expenses with and accident or illness. Its mind boggling.
But let's stay on task with this formula I have just mentioned. Basically with this model you can potentially have several companies insuring you at different levels. You've spread the risk. So now the event that can cost $10,000 is covered significantly with the possibility of paying even more, which as described is necessary. Example: I sold an accident plan to a man for him and his family for less than $500 a year. When his 12 year old was tragically burned the policy paid over $43,000. He had major medical coverage so his expenses where covered many times over. You say why? Well I say what could this young boy need down the road? More cosmetic surgery's? Point is that's what the insurance coverage agreed to pay! Pretty good policy?
This formula works in the business model as well but with application changes. The employer must get involved with employees health consciousness as there is tremendous benefits with a healthy work force that saves a lot of money for premiums because of better claims history.
Employers must also utilize the savings from high deductible health plans while also spreading the risk to other insurers to cover the gaps & financial losses for employees that experience health events.
Another major cost savings for employers is an organized and educated benefits distribution department. Usually called the Human Resource Department. Managing human capital, as its referred, must be efficient in areas that support not only employee benefits but be a support for business development and company goals.
In summary there are answers to health care costs that are not yesterdays answers. We must think in terms of alternate plan designs and the way we package our benefits & insurances. Simply, spread the risk and take some on ourselves.
Marvin Wilkerson is the President of TCB Insurance Group, LLC which can be found at http://www.tcbinsurance.net/. He has been in the insurance business over 10 years with exsentsive experience in voluntary, worksite insurance and group health insurance.
Wednesday, January 27, 2010
Strategies for Minimizing Company Health Care Costs
Maximize the benefits you have today.
Promote the added-value benefits of your current insurance plan. Programs like the Employee Assistance Program (EAP) can help employees find assistance for dealing with personal issues, as well as identify health issues early on.
Educate your employees about free informational resources to help them find answers and keep them healthy.
Strategy Two
Motivate your employees to focus on preventive care and wellness.
70% of health care expenses are attributable to preventative risks and unhealthy choices, so by targeting preventable health costs now and working to develop a wellness plan, you can help employees prevent illness and unnecessary costs in the future. Wellness programs offer motivation, education and emotional support to stay healthy.
Help develop a wellness strategy in five steps:
1. Gather and analyze information
2. Define your goals and objectives
3. Design your strategy
4. Develop an implementation plan
5. Evaluate outcomes and refine your strategy over time
Money Saving Tips
Helpful advice to reduce benefit expenses.
1. Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA), help engage your employees in better managing their health and health care costs. An HSA offers tax advantages, carry-over and you can use the money from an HSA to pay for certain expenses. An HRA gives you the advantage of planning for the future, flexibility and savings.
• When annualized, typically costs 1-2% less than a regular PPO.
2. Integrate your medical and dental plans.
• You can yield cost reductions due to early intervention: 9% diabetes, 16% coronary artery disease and 11% cerebrovascular disease.
3. Risk mitigation solutions.
• Stop loss insurance for large claims or split-funded options.
4. Consumer directed health plans have advantages for you, as the plan sponsor. They offer more control over health care spending. They usually have a lower premium and a higher deductible. They may be coupled with a health fund or other health savings account.
• CDHPs encourage employees to make informed decisions and spend wisely-which can lead to lower costs for you.
• You lower company expenses through the cost-sharing of a high-deductible health plan.
• Plus you can enjoy FICA and FUTA tax savings on salary reductions that occur when employees contribute to CDHPs.
With CDHPs, it pays for employees to be careful consumers.
5. Tailor your benefits to fit your employees. Think about which programs will have more value to your employees and your bottom line.
• Choose high-deductible health plans and offer employees a HSA or FSA, to help them manage costs.
• Switch some paid benefits to voluntary options.
• Offer limited benefits plans.
How to Save on Prescription Drugs
• Take a “tiered” approach. With tiers, employees will generally pay a lower copayment if they use generic – and a higher copayment for a brand-name drug.
• Waive the copay. Look for a program that eliminates the copay for a certain period of time, say six months, if the employee switches to certain generic alternatives.
• A mail-order option and a specialty pharmacy are key ways to save on medications.
Get them involved in managing their health, wellness, and the care they seek
Marvin Wilkerson is the President of TCB Insurance Group, LLC which can be found at www.tcbinsurance.net. He has been in the insurance business over 10 years with extensive experience in voluntary, work-site insurance and group health insurance.
Monday, January 4, 2010
A Doctor's Advice to Control Health Care Cost
Marvin Wilkerson is the President of TCB Insurance Group, LLC which can be found at http://www.tcbinsurance.net/. He has been in the insurance business over 10 years with extensive experience in voluntary, work-site insurance and group health insurance.