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HRA, HSA and FSA - Changes Under Health Reform

 
HRA vs. HSA vs. FSA and ACA, health reform

The Affordable Care Act (known as ACA or health reform) was signed into law in 2010 and impacts many areas of health care and health insurance, including medical reimbursement programs such as HRAs, HSAs and FSAs. Here's an overview of how health reform impacts HRA, HSA and FSA programs.

Pre-Tax Healthcare Accounts for Medical Expenses

 
pre-tax healthcare accounts

Due to rising health insurance costs, the majority of U.S. businesses are increasing the employees' share of health care.  This "cost-shifting" from employers to employees comes in many different forms, including:

History of Flexible Spending Accounts (FSAs)

 
history of flexible spending accounts fsas

In the late 1960s, as inflation and other factors increased the cost of employer-sponsored health benefits, employers began instituting annual deductibles and coinsurance on their health benefits plans, and/or excluding coverage for certain medical items that were legally allowed to be covered by IRS regulations (e.g. vision, dental, alternative medicine). Excluding these medical expenses effectively almost doubled the employee cost for these items on an after-tax basis.

HRA vs HSA vs FSA vs PRA Comparison Chart

 
pie chart cartoon1 resized 600

Comparison charts provide an excellent way of summarizing complex information.  As a follow-up to yesterday's HRA case studies, check out this HRA, HSA, FSA, PRA comparison chart. It's a good summary of the key differences between the four primary types of health care reimbursement accounts and arrangements.

The Medical FSA Improvement Act of 2011 - HR 1004

 
HR 1004 Bill Would Ammend IRC Code
In an effort to improve Flexible Spending Accounts (FSAs), Representative Charles Boustany has introduced a new bill to the U.S. House of Representatives called "The Medical FSA Improvement Act of 2011".  

If passed, the bill, effective January 1, 2013, would amend the Internal Revenue Code to allow unused amounts contributed to flexible spending arrangements to be paid back to the participants as taxable income after the close of a plan year.  Currently, such unspent amounts must be forfeited by the employee due to the "use-it-or-lose-it rule".

As we have discussed previously, effective January 1, 2013, health care reform will limit employee annual contributions to FSAs to $2,500.

Proponents argue that this change would increase FSA adoption by employers and employees.  However, it does not solve the major disadvantage associated with the "uniform coverage provision".  
 
What do you think?

Read below for the current text of "H.R. 1004: Medical FSA Improvement Act of 2011".


SECTION 1. SHORT TITLE.



This Act may be cited as the ‘Medical FSA Improvement Act of 2011’.



SEC. 2. ADDITION OF TAXABLE DISTRIBUTIONS.



(a) Treatment of Amounts Expended for Medical Care- Section 105 of the Internal Revenue Code of 1986 (relating to amounts received under accident and health plans) is amended by inserting at the end the following new subsection:

    ‘(k) Amounts Paid Under Medical Flexible Spending Arrangements-


‘(1) APPLICATION OF SUBSECTION (b) AND SECTION 106- For purposes of subsection (b) and section 106, a plan shall not fail to be treated as flexible spending arrangement solely because such plan, in addition to reimbursing expenses incurred for medical care (as defined in subsection (b)) during the plan year, distributes for the plan year all or a portion of the employee’s balance.

‘(2) LIMITATION- Paragraph (1) shall apply only in the case that the balance under such arrangement for a plan year is distributed after the close of the plan year to which the balance relates and not later than the end of the 7th month following the close of such plan year.

‘(3) TAX TREATMENT OF DISTRIBUTION- Any distribution to which paragraph (1) applies shall be treated as remuneration of the employee for employment for the taxable year in which it is distributed.

‘(4) FLEXIBLE SPENDING ARRANGEMENT- The term ‘flexible spending arrangement’ means a benefit program within the meaning of section 106(c)(2) (relating to long-term care benefits).’.

(b) Additional Deferred Compensation Exception- Paragraph (2) of section 125(d) of such Code (relating to deferred compensation under a cafeteria plan) is amended by inserting at the end the following new subparagraph:


‘(E) EXCEPTION FOR CERTAIN FLEXIBLE SPENDING ARRANGEMENTS- Subparagraph (A) shall not apply to a flexible spending arrangement (within the meaning of section 106(c)(2)) as a result of amounts being distributed to the covered employee in accordance with section 105(k).’.

(c) Conforming Amendment- Section 409A(d)(1) of such Code is amended by striking ‘and’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘, and’, and by adding at the end the following:


‘(C) a flexible spending arrangement which is subject to section 105(k).’.

(d) Effective Date- The amendments made by this section shall apply to plan years beginning after December 31, 2012.

(e) Transition Rules- In the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make a new election or to revise an existing election under such arrangement so long as such new or revised election is made within 90 days after the date of the enactment of this Act.



Click here to track the bill on GovTrack.


Flexible Spending Accounts (FSAs) - Maximum Election Limit

 
fsa maximum election limit

Effective January 1, 2013, a maximum election limit will be placed on the amount an employee can contribute to a health Flexible Spending Account (FSA)

FAQ: Can I have an HRA and FSA at the same time?

 
Can I have an HRA and HSA at the same time


Yes!  An employer and employee can have both a health reimbursement arrangement (HRA) and a health flexible spending account (FSA) at the same time.   However, the same expense cannot be reimbursed from both accounts. 

Special ordering rules (i.e. "coordination rules") can be implemented to determine whether the HRA or FSA should be used first.


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What is the Tax Treatment of FSAs (Flexible Spending Accounts)?

 
flex

FSAs (Flexible Spending Accounts) are governed by Section 125 of the Internal Revenue Code.

Learning from past mistakes

 
Learning about FSA, POP, HRA
We've already talked about FSAs, HSAs, HRAs and POP plans work, but now I want to talk about all the ways in which these plans don't work.  I'm not doing this to pick on the plans themselves and I truly do believe that every American should be taking advantage of at least one of these options, but you still have to wonder how we ended up with a system that requires us to have so many complicated benefits plans.

So to summarize, with FSAs, employees can withhold money from their payroll to pay for medical expenses tax free.  It's a good system, except that employees have to choose their withholding at the beginning of the year and if they end up spending less on medical care than they expected, that money is lost to them forever.  Also, FSAs can't pay for insurance premiums.

There are also HSAs which let you pay for some medical expenses tax free but there are requirements on the type of insurance you can have, what types of claims you can have first-dollar coverage for, what you can contribute to the HSA, and when you can take the money out.  Like FSAs, HSAs can't pay for insurance premiums.
You've also got other cafeteria plans such as premium-only-plans which work like an FSA but only pay for insurance premiums.
Finally we have HRAs which are in many ways the best options, but employees can't contribute funds to the HRA and it's difficult to use an HRA, FSA, and POP plan at the same time so the tax benefits either apply to the employer funds or the employee funds, but not both.

WHO CAME UP WITH THESE RIDICULOUS LAWS?

There's one common theme with all the different plans I've mentioned: they all offer people ways to pay for medical expenses tax-free.  But why all the weird games?  Why make people guess how much money they'll spend and punish them if they're wrong?  Why distinguish between whether the money comes from employers or employees?  Why use four different plans just to offer basic tax benefits?
If medical care shouldn't be taxed, then make all those expenses tax-deductible.  Problem solved.  If it should be taxed, tax everyone.
It almost seems like the politicians that made these laws are watching our lives play out, laughing at all the hoops they make us jump through for no apparent reason.  This is straight out of The Truman Show except the show is about every single American citizen.

The real culprit here is compromise.  Obviously it's great that we live in a country where everyone has a voice, but when you take proposals from every point of view and try to combine them into one hodge-podge of legislation, you end up with a mess that has all the problems of the original ideas without any of the innovation or benefits.

I realize how futile it is for me to say this, but we as a nation need to strive for simplicity.  If health insurance should be tax-free, make it tax-free.  It doesn't need to be any more complicated than that.








An overview of FSAs (Flexible Spending Accounts)

 
fsa flexible spending account

I'm working on a post about FSAs, but I realized that some people might not be clear on how FSAs work, so I'm going to spend this post going over the FSA basics.

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Disclaimer: The information provided on this website is general in nature and does not apply to any specific U.S. state except where noted. Health insurance regulations differ in each state. See a licensed agent for detailed information on your state. Zane Benefits, Inc. does not sell health insurance.