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Federal Health Care Reform The impact on individuals, employers, and our health insurance coverage… National Worksite Benefit Group

Patient Protection and Affordable Care Act (PPACA) Most sweeping healthcare reform law in U.S. History Amended by the Health Care and Education Reconciliation Act of 2010 (“Reconciliation Bill”) Law impacts: Insurance Market Reforms Employer Responsibilities Individual Responsibilities

Insurance Market Reforms: 2010: Coverage (Grandfathered Plans Included): Coverage for dependents to age 26 No annual or lifetime maximums for certain benefits No cost sharing on certain preventive services Market Reforms: Minimum Loss Ratio (MLR) reporting and rebating (LG-85%, Ind + SG- 80%) Pre-existing exclusions under age 19 not allowed (high risk pools) Retiree coverage reimbursement HHS annual review of “unreasonable increases”

Insurance Market Reforms: 2011: 2012: Over the Counter (OTC) medications no longer eligible for reimbursement through FSAs, HSAs, and HRAs Tax on non-qualified HSA distributions increases from 10% to 20% Federally subsidized LTC program (CLASS Act) Medicare Advantage payments frozen

Insurance Market Reforms: 2013: FSA contributions limited to $2,500 (inflation adjusted after 2013) Medical Device Tax: 2.3% on manufacturers and importers of certain medical devices Comparative Effectiveness Tax: $2 per covered individual annually Medical Expense Deductibility: For individual income tax returns, floor raised from 7.5% AGI to 10%

Insurance Market Reforms: 2014: Health Insurance Exchanges established “Essential Benefits” defined Guarantee Issue, no pre-x exclusions Annual Fee on health insurance providers starting at $8 billion in 2014, increases to $14.3 billion by 2018 Medicaid eligibility expands

2011: W-2 Reporting: must report value of employer sponsored health benefits (postponed to 2012) Begin automatic deductions for CLASS Act (unless opt-out) 2012: 1099 Reporting: New requirement for business-to-business transactions of $600 or more Summary of Benefits that meet new reporting standards (4 page maximum, 12 point font minimum) Report to secretary of DHHS regarding whether plans meet certain criteria (health outcomes, patient safety, etc.), report must be provided to all plan participants at open enrollment Employer Responsibilities

2013: Elimination of Deduction for Part D Subsidy Medicare Payroll Tax increase: 0.9% increase on those with income in excess of $200k ($250k for joint-filers), also new 3.8% tax on investment income 2014: New hire waiting periods no greater than 90 days Employer mandate for firms with 50+ employees Employers that DO NOT offer coverage: – PT equivalents also calculated – $2,000 fine per employee (1 st 30 excluded) if one employee buys subsidized coverage through the exchange Employer Responsibilities

2014: Employers that DO offer coverage: – Coverage must meet new standards (60% minimum actuarial value) – Contributions must result in “affordable” coverage for employees (employees contributions not to exceed 9.5% of family income) – $3,000 fine per employee receiving subsidized coverage if employer does offer coverage – Must offer Free Choice Voucher for employees required to contribute between 8% and 9.8% of household income when under 400% FPL (voucher equal to highest employer contribution for group plan) * Free Choice Voucher applies to all group plans * Employers cannot deduct any tax they pay Employer Responsibilities

2018: Excise Tax on “Cadillac Plans”: – 40% excise tax on coverage in excess of $10,200 individual, $30,950 family – Indexed to CPI (expect creep) – Multiple values go into calculation including: ER HSA contributions (likely includes EE pre-tax contributions) HRA contributions (full value) FSA contributions (EE + ER) Pre-tax supplemental premiums * Consider reporting requirements Employer Responsibilities

– Full credit- 10 or fewer employees, $25,000 or lower average wage Phases out from employees and $25k-$50k average salary) – Maximum credit- 50% employer premiums (or the benchmark premium) – Two phases: Up to 35% for Up to 50% for 2014 and 2015 (must purchase through exchange) – Claim on tax return at the end of the year – Tax Exempt companies eligible for reduced subsidy (25% phase 1, 35% phase 2) – Taking the credit reduces the amount of the deduction employers can take for employer paid health insurance premiums Small Employer Health Care Tax Credit

Individual Responsibility: 2014: All individuals must purchase “minimum creditable” coverage fee is $95 or 1% of income Increases to $695 or 2.5% of income by 2016 Indexed to inflation thereafter Refundable Health Care Premium Tax Credit Sliding scale subsidy for those between 100%-400% FPL Must be a U.S. citizen Advanced payments available

Other Considerations: Many details will emerge as regulations are written We don’t know what amendments may come to address practical implications Volatile political landscape

Questions? Joel Allumbaugh National Worksite Benefit Group (207) ext 201