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Volume 13, Issue 19 |
December 28, 2009 |
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Archives |
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Senate passes Patient Protection and
Affordable Care Act
On the morning of December 24th, the Senate passed their
version of a sweeping health care reform bill. The bill,
passed with 58 Democratic and two Independent votes over
unanimous Republican opposition, would materially alter the
health insurance landscape in America.
With bills now passed in both the
House and Senate, the next step is to reconcile key
differences into a single bill that will need to pass both
houses before being delivered to the White House to be signed
into law. Congress will reconvene in mid-January to take up
reconciling the two bills, and final passage is expected in
late January or early February 2010.
With the achievement of a 60-vote compromise in the Senate,
the enactment of health care reform legislation looks more
likely than ever. Employers should educate themselves on the
potential changes, although most will wait to adopt new
strategies or modify existing approaches to health care until
the upcoming final round of negotiations and amendments are
completed.
This article provides highlights
of the Senate bill and a timeline of
the proposed reforms.
This issue of Insight is based on a preliminary assessment of
the proposed legislation. Please refer to the
text of the bill
as the definitive source.
Summary of Senate Bill:
Individual and
Small Market Reforms
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All individuals are required
to have insurance or pay a fine (the greater of $750 per
person / $2,250 per family or 2% of annual income). The
fine increases by a cost of living adjustment and is
phased in through 2016. Exemptions include coverage gaps
of less than three months or if the lowest cost
available plan costs more than 8% of income. |
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Creates state-based Health
Insurance Exchanges where individuals can shop for
standardized insurance policies. Options will include
two private plans managed by the federal Office of
Personnel Management, one of which will be non-profit.
No public plan option. |
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Large Employer Impacts
(Generally 50+ Employees)
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Charges 40% excise tax
on the value of health insurance (including dental,
vision, contributions to health accounts, and other
health coverage) exceeding $8,500 individual /
$23,000 family. Thresholds are indexed to CPI-U +
1%. Tax is applied to insurers but is expected to
impact employers through higher premiums. |
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Employers that do not
offer coverage and have employees who receive
federal subsidies pay a penalty ($750 per full-time
employee). |
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Employers who do offer
coverage and have employees who receive federal
subsidies pay a reduced penalty (lesser of $3,000
for each employee receiving subsidies or $750 per
full-time employee). |
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Employers with more than
200 employees must auto-enroll employees in their
lowest cost plan (employee opt-out permitted).
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Employer benefits must
meet minimum benefit levels (“essential benefits”)
defined by Secretary of HHS. |
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Prohibits employers from
discriminating in favor of highly compensated
individuals with regard to eligibility and benefits. |
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Creates temporary
reinsurance program for early retirees (over age 55
but not eligible for Medicare) by reimbursing
insurers or employers for 80% of claims between
$15,000 and $90,000. Program ends 1/1/2014. |
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Employers with a waiting
period for coverage of longer than 60 days pay a
fine of $600 per employee. |
Medicare Changes
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Payment cuts and
"efficiency improvements" relating to Medicare
Advantage plans, prescription drugs, hospital
readmissions, general hospital payments, and other
items. |
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Allows for standardized
patent protection and generic equivalents for
biologic drugs. |
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Increase payments to
primary care providers. |
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Reduces cost sharing
provisions for Part D (prescription drug coverage). |
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Reduces premium
subsidies for Part D participants with incomes above
$85,000 individual / $170,000 couple. |
Prevention, Wellness
and Public Health
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Establishes federal
council to coordinate prevention and public health
efforts. Council will develop a national strategy to
improve the nation’s health. |
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Eliminates cost-sharing
for preventive care for Medicare and Medicaid. |
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Provides Medicare
beneficiaries with access to health risk
assessments, with incentives for completion. |
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Conducts national survey
of employer-sponsored wellness programs. |
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Permits rewards of up to
30% of cost of coverage for employee participation
in wellness programs. |
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Requires restaurant
chains and vending machines to display nutritional
content. |
Long Term Care
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Establishes national
voluntary program paid through payroll deductions. |
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Provides benefit of
$50/day for non-medical custodial services. |
Other Changes
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Insurance coverage
receiving full or partial federal subsidy is
prohibited from covering abortion (in most
circumstances). |
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No Federal provisions
for tort reform. |
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Increases the threshold
for personal deduction for medical expenses from
7.5% to 10% of income. |
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Increases Medicare
payroll tax from 1.45% to 2.35% for earnings over
$200,000 individual / $250,000 household. |
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Taxes and fees levied
for medical device makers, hospitals, and other
health care providers. |
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10% tax on indoor
tanning services. |
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Limits deductibility of
executive compensation to $500,000 for health
insurance companies. |
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Funds pilot programs
relating to comparative effectiveness research,
medical malpractice reform, Medicare payment
structure, and other programs designed to improve
quality and efficiency or reduce costs. |
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Support for increased
training of general medical practitioners to expand
supply of primary care doctors and nurses. |
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Improved support for
community health centers. |
Financing
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The bill is expected to
cost $871 billion over the first 10 years
(2010-2019), offset through revenue provisions
including:
- $438 billion in
Medicare cuts
- $149 billion from
excise tax on high-cost health plans
- $264 billion in
fees on medical device manufacturers and insurers
and increase in Part A contributions for
high-income individuals.
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The bill does not
include the ~$250B required to prevent a 20%+ cut in
Medicare physician reimbursements currently
scheduled for 2010. |
Legislative Timeline
This implementation table is
based on a preliminary assessment of the proposed
legislation and should not be relied upon as a definitive
schedule.
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2010 |
2011 |
2013 |
2014 |
Senate
Legislation |
Tax credits for Small Business (phased in through
2014)
Taxes on:
- Drug companies
- Medical devices
- Health insurance
companies
- Indoor tanning |
Tax change: FSA limits
Insurer loss ratio limits
CLASS Act Long Term Care effective |
Increase Medicare payroll tax
Tax on high-cost plans |
Individual Mandate (phased in through 2016)
Employer coverage requirements (offer coverage,
waiting periods)
Individual Coverage Expansion (Medicaid, Exchanges)
Essential Benefits Plan defined |
House
Legislation |
Insurer loss ratio limits
CLASS Act Long Term Care effective |
Tax on high-income individuals |
Individual and Employer Mandates
Essential Benefits Plan defined
Individual Coverage Expansion (Medicaid, Exchanges)
Tax Credits for Small Business
Tax change: FSA limits
Tax on medical devices
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Legislative
Consensus |
Temporary high-risk pool (through 2014
/ Exchanges are effective)
Gov't oversight of premium increases
Dependent age expansion
Limit annual & lifetime benefit caps
Prohibit rescission of individual policies
Relax pre-existing condition limits
Preventive care enhancements
Temporary reinsurance program for early retirees
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Tax changes:
- OTC drugs
- HSA excise taxes
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Questions
or Comments?
Please submit
your questions or comments regarding this issue
to info@arlengroup.com
or call (415) 733-7000. |
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The Insight newsletter is not intended to provide legal advice but perspective on recent regulatory issues,
trends and standards affecting employee benefits. Please consult your own legal counsel for further information on the topics discussed in this issue of Insight.
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ArlenGroup
| 101 Montgomery Street, Suite 1750 | San Francisco,
CA 94104 | 415-733-7000
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