February, 2010 | Employee Health Benefits and Insurance Blog

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2 Ways You Can Contribute to a Health Savings Account (HSA)

 
hsa (1)

Last week, we discussed the 2 ways an employer can contribute to an employee's HSA. This week, we're going to talk about the ways an Employee can contribute to his or her Health Savings Account (HSA).

The 2007 Proposed Section 125 Regulations are Final!

 
section 125 guidelines
Over at ZaneBenefits.com, we are getting ready to release a new product next week that allows an employer to reimburse an employee for the taxes that employee pays on his or individual policy(s). The product is a Section 125 plan for individual polices that we have talked a lot about over the last year.

Some health insurance agents and tax-professionals are doubting the legality of the August 2007 Proposed Section 125 Regulations that make this product legal under the Internal Revenue Code. 

So, the purpose of today's post is to confirm that the 2007 Proposed Section 125 Regulations are final.  Below, I first outline how Proposed Treasury Regulations work and then list the applicable parts of the new Section 125 regulations.  If, after reading the below explanation, you remain unconvinced, please contact the IRS.  

How it works

All Proposed Treasury Regulations are drafted by the IRS and published in the Federal Register so that taxpayers may submit written comments or speak at hearings (during the "notice and comment period") before final regulations are published in the Code of Federal Regulations.  The Proposed Regulations become effective when they are published in the Federal Register.  After the notice and comment period (which is defined in the Federal Register publication), the IRS publishes final regulations. Taxpayers may rely on proposed regulations for planning purposes if there are no applicable final or temporary regulations in force and there is an express statement in the proposed regulations that taxpayers may rely on them currently.

Applying this to the new Section 125 regulations

The Section 125 Proposed Treasury Regulations were published in the Federal Register on August 6, 2007 (click here to access the Federal Register publication) with an effective date of January 1, 2009.

The notice and comment period for this Federal Register publication ended on November 15, 2007.
The proposed regulations state: "Taxpayers may rely on these regulations for guidance pending the issuance of final regulations".

The proposed regulations were effective immediately upon their publication in the Federal Register. While the "final" regulations are currently not available online at the Code of Federal Regulations, they are expected to be made available.

According to the Federal Register publication, the IRS contact person for these new regulations is "Mireille T. Khoury".  Mireille can be reached at 202-622-6080.










What is the average rate increase of an individual policy?

 
average rate increase individual health"What is the average rate increase of an individual policy?"

If you sell individual health insurance, you probably get this question all the time. You probably respond similar to this:
The price of an individual health policy is based on your age and your health at the time of application—but once insured, your premium cannot be increased because you become ill. Your renewal premium will increase when you enter a higher age band (typically every 5 years) or with general medical inflation—based on the claims of a very large group of people in your state who purchased similar personal policies. Some states set limits on annual increases regardless of medical inflation. Depending on your state, you should expect your premium to increase 5% to 15% each year from an initial price much lower than group coverage. If you are healthy and don't like your proposed annual renewal premium, you can always shop around for a new policy just like you do with auto or homeowners insurance. Nationally, more than 300 different carriers, including 76 Blue Cross Blue Shield companies, offer personal polices.
Most consumers are happy with this explanation. It answers the question directly and sufficiently. 

But (if you're like me), you want to see the numbers behind the explanation. So, for you agents (and consumers) out there who want a data-driven answer to the "What is the average rate increase of an individual policy?" question, keep on reading.....

Before you read on, you should understand where I am getting this data. Since 2003, eHealth, Inc (which owns eHealthInsurance.com) has been providing research and advice based on the individual health insurance policies purchased by its customers (exceeding 2 million in 2009). On their www.ready2connect.org website, eHealth makes available numerous studies and customer surveys on individual health insurance each year. Thank you, eHealth. Below, I have merely pulled the pertinent data from the eHealth studies. For example:
According to the 2009 study, "average monthly premiums being paid" for individual health insurance policies increased 1.1% from February 2008 to February 2009, while the average deductible increased from $2,084 to $2,326 in the same year. 
The annual increase in the average monthly premium paid is actually more significant than the average annual rate increase in monthly premium because healthy consumers do not absorb large rate increases -- when a healthy individual gets a large rate increase, they go buy a different policy from a different carrier for a better price.  When examining the average monthly premium actually paid, you should also keep in mind that some consumers will increase the deductible on their insurance plan to reduce the monthly premium.

MY POINT:  Due to consumerism, the annual increase in average monthly premium actually paid for an individual policy is always going to be lower than the average annual rate increase.

Anyway, I have listed the average monthly premium paid by eHealth customers in each state from 2005-2007. On the right-side of the table, I show the annual increase in the average monthly premiums.  Some states are left off due to insufficient data. 

What do you think?

Average Monthly Premium Paid for Individual Insurance Polices by State from 2005-2007

State 2007 Average Monthly Premium Paid¹ 2006 Average Monthly Premium Paid² 2005 Average Monthly Premium Paid³ Change in Average Monthly Premium Paid from 2006-2007 Change in Average Monthly Premium Paid from 2005-2006
Alaska $175 $170 $157 3% 8%
Alabama $122 $125 $180 -2% -31%
Arkansas $124 $123 $123 1% 0%
Arizona $132 $126 $122 5% 3%
California $151 $139 $130 9% 7%
Colorado $141 $135 $124 4% 9%
Connecticut $161 $156 $161 3% -3%
District of Columbia $155 $156 $191 -1% -18%
Delaware $151 $131 $150 15% -13%
Florida $163 $154 $162 6% -5%
Georgia $170 $161 $134 6% 20%
Iowa $97 $98 $100 -1% -2%
Idaho $101 $107 $140 -6% -24%
Illinois $142 $134 $130 6% 3%
Indiana $131 $127 $125 3% 2%
Kansas $119 $116 $120 3% -3%
Kentucky $120 $115 $122 4% -6%
Louisiana $136 $134 $178 1% -25%
Maryland $147 $142 $175 4% -19%
Michigan $121 $106 $98 14% 8%
Minnesota $137 $130 $154 5% -16%
Missouri $121 $120 $108 1% 11%
Mississippi $153 $152 $142 1% 7%
Montana $137 $132 $135 4% -2%
North Carolina $142 $142 $200 0% -29%
Nebraska $120 $120 $108 0% 11%
New Jersey $288 $277 $245 4% 13%
New Mexico $145 $145 $145 0% 0%
Nevada $172 $168 $156 2% 8%
New York $388 $338 $379 15% -11%
Ohio $128 $124 $128 3% -3%
Oklahoma $131 $125 $129 5% -3%
Oregon $147 $144 $157 2% -8%
Pennsylvania $167 $148 $153 13% -3%
South Carolina $150 $148 $141 1% 5%
Tennessee $150 $145 $128 3% 13%
Texas $153 $133 $121 15% 10%
Utah $131 $116 $102 13% 14%
Virginia $158 $148 $149 7% -1%
Washington $168 $145 $218 16% -33%
Wisconsin $127 $120 $124 6% -3%
Wyoming $130 $125 $107 4% 17%
United States $158 $148 $144 7% 3%






















2 Ways an Employer Can Contribute to an Employee's HSA (Health Savings Account)

 
employer contributions hsa

I get this question all the time from employers and agents: "Can an Employer Contribute to an employee's HSA?" -- its a tough question to answer in one breath because the FULL answer requires an understanding of several different IRS legal term and plans.  Anyway, I got the question again today and decided to write a blog post about it.  So, here's how employer contributions to HSAs work...

30 Second Introduction to State Risk Pool Funding

 
41d0a51e-59d3-45c5-8b57-040ff7d5d85f
34 States maintain a State Health Insurance Risk Pool to provide their medically uninsurable citizens guaranteed issue individual health insurance. Agents and employers always ask me how a state funds their risk pool, so here is a brief description for those who are interested.

While different for each state, a state's risk pool funding is typically made up of the following components: 
    1. Federal funding ($75 Million rationed to states for each fiscal years 2006 through 2010 by the State High-Risk Pool Funding Extension Act of 2006)
    2. Premium payments
    3. Assessments on insurance companies
    4. State taxes
Premium costs range from 100% to 250% of standard medically underwritten rates. Even with higher premiums, most states require additional funds to cover high risk individuals. The total cost of risk pools paid by premiums ranges from 24% in New Mexico to 106% in West Virginia. The wide variation is due to each states insurance law, subsidy programs offered, and the normal cost of medically underwritten insurance. 


Enrollment 

(As of 12/31/08
Pre-Existing Condition Exclusion Period Statutory Premium Cap as % of Standard Rates Pool Offers Premium Subsidies Percent of Total Cost Paid by Premiums
United States 199,020 n/a n/a 15 n/a

Alabama
2,653 0 months 200%
76%
Alaska 469 6 months 150%
57%
Arkansas 3,061 6 months 150%
70%
California 7,036 3 months 125%
96%
Colorado 8,543 6 months 150% x 50%
Connecticut 2,336 12 months 150% x 62%
Florida 300 n/a 250%
57%
Illinois 15,682 6 months 150%
67%
Indiana 6,561 3 months 200%/150% x 50%
Iowa 2,732 6 months 150%
47%
Kansas 1,830 3 months 150%
51%
Kentucky 4,458 12 months 175%
45%
Louisiana 1,110 6 months 200%
71%
Maryland 15,180 2 months 200% x 37%
Minnesota 27,386 6 months 125% x 45%
Mississippi 3,464 12 months 175%
76%
Missouri 2,999 12 months 150% x 77%
Montana 2,995 12 months 200%/150 x 67%
Nebraska 5,089 6 months 140%
53%
New Hampshire 1,094 9 months 150% x 47%
New Mexico 6,020 6 months 150% x 24%
North Carolina n/a 12 months 200%
n/a
North Dakota 1,463 6 months 135%
69%
Oklahoma 2,098 12 months 150%
58%
Oregon 15,320 6 months 125%/100% x 48%
South Carolina 2,328 6 months 200%
88%
South Dakota 653 0 months 150%
74%
Tennessee 4,516 6 months 200% x 79%
Texas 26,908 12 months 200%
70%
Utah 3,715 6 months 200% x 67%
Washington 3,397 6 months 150% x 33%
West Virginia 653 6 months 150%
106%
Wisconsin 16,284 6 months 200% x 61%
Wyoming 687 12 months 200%/135% x 53%

































Health Reform Aftermath - What Employers and Individuals Should Do Now

 
health reform next steps
Employers Can Now Use Their Existing Payroll System to Save 20%-50% on the Health Care

While everyone was focused on Washington’s now-failed grandiose plan for total U.S. health care reform, a number of significant federal reforms took effect that allow employers (and employees) to use their payroll system to save on their health benefits. These reforms went unnoticed when many employers and employees adopted a wait-and-see approach toward changing their health benefits in 2009. 

These reforms affect the following three different types of employers and their employees:
    1. Employers with Group Health Benefits Plans 
    2. Employers with Group Health Benefits Plans Unable to Afford the Increasing Price 
    3. Employers with No Health Benefits Plans and No Ability to Afford One 
A. Employers with Group Health Benefits Plans 
 
Increase the annual deductible, saving up to 50% on your next month’s premium. This can be done anytime during your plan year. Then use your payroll system to automatically reimburse employees for increases in medical expenses that employees incur due to the higher annual deductible. Overall savings should be 20% or more after paying reimbursements. 

Employers may now use their existing payroll system to reimburse employees tax-free for medical expenses as incurred by the employee versus having to prepay such amounts up-front via mandatory contributions to a TPA, an HSA, or to higher group health insurance premiums. 

Employers with group health benefits plans can save up to 50% on their monthly premium, starting next month, by increasing the annual deductible and using their existing payroll system to reimburse employees tax-free for their higher expenses due to the increased annual deductible. This typically saves employers about 20% overall after paying reimbursements. Employers can also customize their supplemental reimbursements by class of employee and add important categories of coverage such as wellness benefits. 

Payroll-administered reimbursement plans, powered by Section 105 HRAs (Health Reimbursement Arrangements), are now offered by the leading payroll companies and by thousands of innovative health insurance agencies. Employers should avoid carrier-supplied HRAs because (1) they keep the employer from easily changing insurance carriers when prices are increased at renewal time, and (2) carrier-supplied HRAs offer very limited benefits. 

Employers should also avoid setting up a separate third-party debit card system for reimbursements and simply reimburse employees using their existing payroll. There is no better incentive for employees to comparison shop than having them lay out their own funds, even if such funds are later reimbursed 100% by the company. 

If your company has a group health insurance plan, speak to your agent about increasing the annual deductible and using your payroll to selectively reimburse employees for their out-of-pocket medical expenses. 

B. Employers with Group Health Benefits Plans Unable to Afford the Increasing Price 

Cancel your group plan, but don’t cancel your health benefits. In place of your old group plan, give employees tax-free monthly allowances to purchase their own personal health insurance policies. 

This is the biggest change in U.S. health benefits since WWII affecting employers and employees wanting lower cost and/or portability. Employers without a group plan, or those terminating their group plan, may now simply give employees tax-free allowances to purchase their own personal (sometimes called individual or family) health insurance plans. 

Personal health insurance plans have risen from covering 12 million Americans in 2002 to covering 30-40 million Americans in 2010. This is because: (1) They cost about 1/2 the price of similar-benefit group plans in 45 states; and (2) They are portable—employees may keep their personal health plan if they quit, are fired, or retire before becoming eligible for Medicare at age 65. My wife and I have had a personal health plan for our family since 1999. 

But the big savings here comes from more than just switching from group to personal policies. The big savings comes from transferring the cost, and/or the risk, of an employee’s catastrophic illness from the bottom line of your company to the state and federal government. 

I’m a big believer that the cost, for example, of a child with leukemia should be borne by all of us through our government, rather than forcing a small employer to either go out of business or terminate its health benefits for everyone. 

Federal law now requires all states to provide guaranteed-issue personal policies to employees (called “HIPAA-eligibles) whose group plan is terminated by their employer. While terminating a group plan can create turmoil for some employees with preexisting medical conditions, it is also a blessing for such employees since they now become eligible for state-guaranteed personal policies that they can be renewed indefinitely independent of their employment. Employees with preexisting medical conditions are the most likely to lose their job, and their group health benefits, because of illness. 

Moreover, new payroll-based technology allows employers to offer extra allowances to employees with preexisting medical conditions, or all employees, to insure that the coverage they receive from the government, which is provided in most states by Blue Cross Blue Shield, is the same or equivalent to what each employee used to receive with their group plan. 

Today’s payroll-based administration platforms allow employees direct access to designated licensed professionals to help employees choose the best personal policy for their family—while providing reporting back to the employer on an aggregated, de-identified basis. When your company switches from group to personal policies, make sure you choose an agent who has a HIPAA- and ERISA-compliant online software platform to distribute personal policies to individual employees. 

If your company has a group health insurance plan it can no longer afford, speak to your agent or payroll provider about switching a health benefit plan that gives employees tax-free monthly allowances to purchase their own personal policies. Such payroll-administered allowances are only funded by employers when premiums are incurred, can be customized for each class of employee, and unspent funds stay with the employer when an employee is terminated for any reason. 

C. Employers with No Health Benefits Plans and No Ability to Afford One


Allow individual employees to pay for personal health policies with pre-tax salary. This immediately saves employees up to 40% (in wage taxes) of the cost of their personal policy premium, helps employees budget household expenses, and also saves employers hundreds of dollars per employee (7.65%) in reduced FICA expenses. 


Employees participating in group employer plans have always been allowed to pay their share through reductions in the pre-tax salary. And now, a new 2009 U.S. Treasury regulation allows employees to make similar elections to pay for their personal health policies. New payroll administration platforms allow employees to self-enroll in salary reduction/reimbursement programs, and allow employees direct online access to licensed agents with online quoting engines for all carriers offering personal policies in their states. 

More than 50% of U.S. employers offer no health benefits plan at all. Their managers and owners have typically purchased personal health policies with hard-earned, after-tax dollars. Now, these 30-40 million Americans can save 20%-40% in taxes on their personal health policy premium by reimbursing themselves with pre-tax salary reductions. This 20%-40% savings should also allow millions more Americans without health insurance to afford personal health policies. 

This new regulation also affects employees who have group employer coverage but are unable to afford the cost of adding their spouse or dependents to the company group plan. If your spouse or dependents are healthy, you can typically obtain for them a similar-benefit personal policy for 1/2 the cost of your group plan and now pay your premium through pre-tax salary reductions 

And, similar to #2 above, new administration platforms allow employees direct access to designated licensed professionals to help employees choose the best personal policy for their family—with full reporting back to the employer on an aggregated, de-identified basis. 

If your company, like the majority of U.S. employers, does not offer any health benefits at all, speak to your licensed agent or payroll provider about allowing employees to reimburse themselves for the cost of personal health policies with pre-tax salary reductions. Such payroll-administered reimbursements can save employees up to 40% of the cost of their personal policies, and also save employers many times the nominal administration costs in permanent FICA savings. 

Every American citizen and resident who is medically eligible should get their own personal health insurance policy directly from a major insurance carrier. Personal policies cost 1/2 the price of similar-benefit employer group policies in 45 states, and can be generally renewed until age 65 without an increase in premium based on your claims history or your health—premiums do increase each year with overall medical inflation and age. But, there is a catch: You can only obtain a personal policy when you are healthy. That’s why it is so important to get all your healthy individual family members a personal policy now before they develop a medical condition. 

No one knows if, or when, we will get U.S. health care reform. But, all roads for reform seem to lead to the guaranteed issue of personal policies regardless of employment. This could be the death knell for group employer health benefits. 


If you want more on health care reform, you should read today's post on my personal blog, The Entrepreneurial Challenge: U.S. Health Care Reform Update: The Coming Opportunity for Entrepreneurs.

Disclaimer: My company (Zane Benefits) does not sell health insurance.  We make the software platform (ZaneHRA) that is distributed by the world’s leading health insurance agencies and payroll providers to reimburse employees for medical expenses and facilitate the distribution of personal policies at the workplace. Contact your local health insurance agent or payroll provider for more information.




























































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Health Care Reform is Back on the States

 
health reform ball in state court
While federal health care reform dominated the stage in Washington last year, state lawmakers adopted a wait-and-see approach to local health care reform.  As federal efforts take a backseat to "more important" issues, states are re-initiating their own reform discussions.

Most experts are saying that limited state budgets will make efforts to expand insurance coverage impossible.  Sound familiar?  I bet so. 

I do not understand why every state in the U.S. has not already followed Minnesota's lead:
Beginning on July 1, 2009, a new Minnesota law requires that certain small employers offer Section 125 POP plans for individual policies. Under Minnesota SF 3780, employers who have more than ten (10) full-time employees and who do not currently offer health benefits must establish and maintain a Section 125 plan to allow their employees to purchase individual health coverage with pre-tax dollars. 
Remember, all Section 125 POP contributions are excluded from an employee’s gross income and wages subject to FICA (7.65%). Similarly, employers deduct reimbursements as a business expense and exclude them from wages subject to FUTA (0.8%) and the employer portion of FICA (7.65%).  Thus, employers can expect to save nearly eight cents ($0.08) for every dollar ($1.00) their employees spend on individual health insurance (employees can to expect save 20-40 cents on every dollar).

Guess where these tax savings go? -- Right back into the state's economy when the employees use these savings to purchase more goods and services. Basically, everyone wins except the federal government.

In summary, Minnesota's legislation puts more money in an employer's bank account, more money in an employee's pay check and (eventually) more money in the state economy. 

What am I missing??
















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FAQ: Can a Health Reimbursement Arrangement (HRA) reimburse Medicare Premiums tax-free?

 
hra medicare premiums
Yes. Health Reimbursement Arrangements (HRAs) can reimburse the following types of insurance premiums provided they were not purchased with pre-tax dollars:
    • Medicare Part A or B, Medicare HMO, and employer-sponsored retiree health insurance premiums
    • Medicare Advantage premiums
    • Health Care, Dental Care, and Vision Care premiums 
    • Long Term Care insurance premiums; and
    • COBRA premiums;







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Does COBRA apply to Health Reimbursement Arrangements (HRAs)?

 
COBRA and HRAs

Yes. Health Reimbursement Arrangements (HRAs) are subject to COBRA requirements (for employers with over 20 employees), meaning employers must allow employees and/or dependents to continue their HRA coverage after termination if they pay the cost themselves. 

What is COBRA (Consolidated Omnibus Budget Reconciliation Act)?

 
defined-contribution-health-benefits
COBRA provides certain employees, retirees, spouses, former spouses, and dependent children the right to temporarily continue their employer sponsored health benefits (including HRA benefits). Companies, with more than 20 employees, are required to offer COBRA to participants that meet certain qualifying events. In order to participate in COBRA, an employee must pay the full cost of the premium or benefit. COBRA participants are generally eligible for coverage for a maximum of 18 months. 

For healthy individuals, COBRA is usually more expensive than individual insurance

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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.