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No cheating under ObamaCare. RE: Skinny plans

Last week the WSJ’s article on skinny health insurance plans that would cost only $40/mo. but still comply with ObamaCare’s mandates received considerable attention.  I am posting the section of the law that will likely make this impossible:

HHS published final regulations under section 1302(d)(2) on February 25, 2013
(78 FR 12834). The HHS regulations at 45 CFR 156.20 define the percentage of the
total allowed costs of benefits provided under a group health plan as (1) the anticipated 4
covered medical spending for essential health benefits (EHB) coverage (as defined in
45 CFR 156.110(a)) paid by a health plan for a standard population, (2) computed in
accordance with the plan’s cost-sharing, and (3) divided by the total anticipated allowed
charges for EHB coverage provided to a standard population. In addition, 45 CFR
156.145(c) provides that the standard population used to compute this percentage for
MV (as developed by HHS for this purpose) reflects the population covered by typical
self-insured group health plans.

 

Small Businesses and the Affordable Care Act (ACA)

 

It can be a real challenge for small businesses to provide health insurance to employees. On average, small businesses pay about 18% more than large firms for the same health insurance policy, most likely because small businesses lack the purchasing power depth that large corporations have.

The health care law will offer tax credits for small businesses and in the future the ability to shop for insurance in the new Health Insurance Marketplace, which will help small business out tremendously.

Here are some points from the 2000 page bill that small businesses should be aware with the Affordable Care Act:

 

– If you have fewer than 25 employees, pay average annual wages below $50,000, and provide health insurance, you may qualify for a small business tax credit of up to 35% (up to 25% for non-profits) to offset the cost of your insurance. This will bring down the cost of providing insurance.

 

– Under the health care law, employer-based plans that provide health insurance to retirees ages 55-64 can now get financial help through the Early Retiree Reinsurance Program. This program is designed to lower the cost of premiums for all employees and reduce employer health costs.

 

– Starting in 2014, the small business tax credit goes up to 50% (up to 35% for non-profits) for qualifying businesses. This will make the cost of providing insurance even lower.

 

– In 2014, small businesses with generally fewer than 100 employees can shop in the Health Insurance Marketplace, which gives you power similar to what large businesses have to get better choices and lower prices. In the Marketplace, individuals and small businesses can buy affordable health benefit plans. Open enrollment begins on October 1, 2013.

 

– The Marketplace will offer a choice of plans that meet certain benefits and cost standards. Starting in 2014, members of Congress will be getting their health care insurance through the Marketplace, and you will be able to buy your insurance through the Marketplace, too. Find out how you can get ready to enroll.

 

– Employers with fewer than 50 employees are exempt from new employer responsibility policies. They don’t have to pay an assessment if their employees get tax credits through an Exchange.

These points only scratch the information surface on the Affordable Care Act.

 
 

Learn more about important features of the new health care law and how it can impact your small business.  Contact your Health Care Insurance Group Provider for more information and updates.

 

Skinny health plans will come from Obama care. Perhaps.

Below is an article on skinny plans that will likely result from Obama.  There is also another link to a WSJ article that goes into more detail. What neither article explains is that the requirement of minimum essential coverage is that actuarial  value  of the employer sponsored plan must pay 60% of what the plan covers, NOT what a person is likely to incur in medical cost. Also the article does not discuss larger companies offering a dual option, one skinny plan to comply with Obama Care and a second plan of the employer’s choice , a plan to minimize the effects of ObamaCare.  This is another example of how the health care law was not finished but had to be forced through reconciliation.  There are many problems with Obama Care that need fixing, however the political situation in Washington is such that neither side is willing to work on the fixes.  So, the government continues to implement this  law. However, as we have mentioned in other articles the secretary of HHS has considerable discretion.  The term “standard population” will become frequently heard.  HHS will likely not let these skinny plan satisfy the MEC requirement.

By Christopher Weave

As the WSJ reported today, some employers are wondering how low they can go when it comes to offering coverage under the new health law, one of several ways companies may try to minimize their costs under the law.

Administration officials confirmed offering bare-bones health coverage to workers could avoid an across-the-board $2,000-per-worker penalty for companies that don’t offer any insurance at all, skirting rules that were widely expected to enrich private insurance.

But, the new law has created a complicated web of rules that can affect companies, workers and the broader market for health insurance. Here are some questions and answers about how the bare-bones plans might work.

1) What is the bare minimum companies need to cover to avoid the broad, $2,000 penalty?
To meet the most basic requirements and avoid the new penalty, companies must offer a health plan that covers a set of preventive services recommended by a government task force, has no annual or lifetime dollar-limits on benefits, and is “employer-sponsored,” Treasury officials said. In the law, it’s called “minimum essential coverage.”

2) How much would it cost?
Estimates from benefits advisers price the overall cost per worker of the most minimal plans at about $400 a year, according to a theoretical estimate by Pan-American Life Insurance Group. Other plans, such as one offered by Dallas-based Group & Pension Administrators, would add in benefits such as physicians services and generic drug coverage, and cost about $1,200 a year. The entry-level price for what most people would consider comprehensive coverage is about $3,000 a year for an individual.

3) What kinds of companies will favor the approach?
Businesses with lots of low-wage workers, such as restaurant chains, nursing homes and retailers might be interested in the low-value plans. Historically, many of these businesses haven’t offered coverage at all. Others have offered employees so-called mini-med plans, with low limits on how much they pay out. But those policies will be barred under the law.

4) What if employees want better coverage?
If employees are offered plans that either aren’t affordable or don’t cover at least 60% of expected health costs, they could still opt to join new marketplaces set up by the law known as exchanges, where they could get federal subsidies to buy insurance. To count as “affordable,” coverage would have to cost less than 9.5% of a worker’s income. If a worker did use a federal subsidy to buy a more-robust exchange plan, the employer would have to pay a $3,000 penalty, but just for that employee.

5) Why wouldn’t all the employees get coverage on the exchange?
Even with the subsidies, it’s expensive. According to the Kaiser Family Foundation’s subsidy calculator, a single person earning $10 an hour and working 40-hour weeks would still have to pay $92 each month for a mid-level exchange plan. Companies offering the skinny plans think more workers would rather buy a policy that costs far less—perhaps less than $50 a month—but that also cover fewer services.

6) Under the law, individuals also have to get coverage or face a fee. Would a bare-bones plan meet that requirement?
The same “minimum essential coverage” requirement applies to individuals, so employees who are covered by a skinny plan offered by their employer would be off the hook for a tax penalty for people who go without insurance. However, in 2014, the maximum penalty is only $95 a year, and employers with low-wage workers said they expect many employees to go without coverage if it costs anything at all.

See also:
Employers Eye Bare-Bones Health Plans Under New Law – WSJ

3.5%! Federal Government Charging Your Premium

The way the new health care reform law was written, your health plan that resides outside the exchange will pay the same exchange fee as those plans within the exchange. The fee the Fed is charging insurers is 3.5% just to run the exchange. The Federal government advises that it may increase in future years.

Robert Laszewsi blogs about it and the fact that this fee just to run the exchange is more than the cost to administer all of Medicare.

The provision in the law is:

F. Provisions ……….. of the Affordable Care Act contemplates an Exchange
charging assessments or user fees to participating issuers to generate
funding to support its operations. If a State is not an electing State does not have ….approved Exchange,….. Federal policy regarding user
fees, and specifies that a user charge will be assessed against each identifiable recipient
for special benefits derived from Federal activities beyond those received by the general
public.

Based on section 1311(d)(5)(A) of the Affordable Care Act and Circular No. A-

25, we are proposing that HHS collect a user fee from participating issuers (as defined in
§156.50(a)) to support the operation of Federally-facilitated Exchanges. Participating
issuers will receive two special benefits not available to the general public when they
offer plans through a Federally-facilitated Exchange: (1) the certification of their plans
as QHPs, and (2) the ability to sell health insurance coverage through a Federallyfacilitated
Exchange to individuals determined eligible for enrollment in a QHP. These
special benefits are provided to participating issuers based on the following Federal
operations in connection with the operation of Federally-facilitated Exchanges:
• Provision of consumer assistance tools;
• Consumer outreach and education;
• Management of a Navigator program;
• Regulation of agents and brokers;
• Eligibility determinations;
• Administration of advance payments of the premium tax credit and costsharing
reductions;
• Enrollment processes;
• Certification processes for QHPs (including ongoing compliance verification,
recertification and decertification); and
• Administration of a SHOP Exchange.
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Activities performed by the Federal government that do not provide issuers
participating in a Federally-facilitated Exchange with a special benefit will not be
covered by this user fee.
Circular No. A-25R states that user charges should generally be set at a level so
that they are sufficient to recover the full cost to the Federal government of providing the
service when the government is acting in its capacity as sovereign (as is the case when
HHS operates a Federally-facilitated Exchange). However, Circular No. A-25R also
allows for exceptions to this policy, if approved by OMB. To maintain a competitive
balance between plans inside and outside the Exchanges, to align with the administrative
cost structure of State-based Exchanges, and because we believe that growing enrollment
is likely to increase user fee receipts in future years, we have requested an exception to
the policy for 2014. As a result, in §156.50(c), we propose that a participating issuer
offering a plan through a Federally-facilitated Exchange remit a user fee to HHS each
month, in the time and manner established by HHS, equal to the product of the billable
members enrolled through the Exchange in the plan offered by the issuer, and the
monthly user fee rate specified in the annual HHS notice of benefit and payment
parameters for the applicable benefit year. For purposes of this paragraph, billable
members are defined under the proposed §147.102(c)(1) as the number of members on a
policy, with a limitation of three family members under age 21. This approach will
ensure that the user fee generally aligns with the number of enrollees for each issuer.
For the 2014 benefit year, we propose a monthly user fee rate equal to 3.5 percent
of the monthly premium charged by the issuer for a particular policy under the plan. We
seek to align this rate with rates charged by State-based Exchanges, and may adjust this
rate to take into account comparable State-based Exchange rates in the final Payment
Notice. We note that this policy does not affect the ability of a State to use grants
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described in section 1311 of the Affordable Care Act to develop functions that a State
elects to operate under a Partnership Exchange, and to support State activities to build
interfaces with a Federally-facilitated Exchange, as described in the “State Exchange
Implementation Questions and Answers,” published November 29, 2011.
Circular No. A-25R provides for a user fee to be collected simultaneously with
the rendering of services, and thus we further propose to assess user fees throughout the
benefit year in which coverage is offered. Additional guidance on user fee collection
processes will be provided in the future; however, we anticipate that user fees will be
calculated based on the number of billable members enrolled in a plan each month. We
anticipate collecting user fees by deducting the user fee from Exchange-related program
payments. If an issuer does not receive any Exchange-related program payments, the
issuer would be invoiced for the user fee on a monthly basis. We welcome comment on
these proposals and the operational processes related to user fee assessment and
collections.
In addition, we welcome comments on a policy that we are considering that would
provide for the pooling of Exchange user fees or all administrative costs across a
particular market (however, the user fee would be collected only from issuers
participating in the Federally-facilitated Exchange). The Market Reform proposed rule
proposes an implementation of section 1312(c) of the Affordable Care Act under which
the claims experience of all enrollees in health plans offered by an issuer in a State in the
individual, small group, or combined market, as applicable, are to be pooled. We are
considering further developing this policy, which we would codify in regulation at
§156.80,41 by requiring that Exchange user fees also be subject to risk pooling.
41 We issued a proposed regulation on risk pooling at §156.80 of the proposed Market Reform Rule.
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Specifically, we are considering proposing that issuers be allowed an adjustment to the
index rate for the pooled, expected Exchange user fees for the set of health plans offered
in a particular market. We are considering this additional specification to provide further
protection against adverse selection for QHP coverage, and to ensure that the costs of
Exchange user fees are spread evenly across the market. We seek comment on this
policy, including whether it should apply to a broader set of administrative costs. For
example, under this alternative, it could apply to both Exchange user fees and distribution
costs, or all administrative costs. In addition, we seek comment on an alternative
approach, under which the proposed risk pooling would apply across all health plans
within a product (defined as a specific set of benefits), rather than across a market.