July, 2010 | Employee Health Benefits and Insurance Blog

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What are Full-time Equivalent Employees (FTE)?

 
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The term "full-time equivalent" refers to the full-time equivalent of a company's part-time employees. It is often used to calculate the size of an company based on hours worked by all W-2 employees.

Form 5500 and Health Reimbursement Arrangements (HRAs)

 
form 5500An HRA (Health Reimbursement Arrangement) is an ERISA plan. Thus, the employer must file a Form 5500 annual if the plan had 100 or more participants in the plan year.



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Form 5500 and Section 125 Premium Only Plans (POPs)

 
form 5500 section 125 pop

A POP (Premium only Plan) is a Section 125 Cafeteria Plan. Internal Revenue Service (IRS) Notice 2002-24 suspended the Form 5500 filing requirement for cafeteria plans. However, if the plan provides ERISA benefits, it is a welfare benefit plan and the employer must file a Form 5500 annual if the plan had 100 or more participants in the plan year.

What is a Form 5500 (Annual Report)?

 
form 5500

The Form 5500 Series is an important compliance, research, and disclosure tool for the Department of Labor, a disclosure document for plan participants and beneficiaries, and a source of information and data for use by other Federal agencies, Congress, and the private sector in assessing employee benefit, tax, and economic trends and policies. The Form 5500 Series is part of ERISA's overall reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with certain prescribed standards and that participants and beneficiaries, as well as regulators, are provided or have access to sufficient information to protect the rights and benefits of participants and beneficiaries under employee benefit plans.

What is a Lifetime Limit (Health Insurance)?

 
41d0a51e-59d3-45c5-8b57-040ff7d5d85fThe "lifetime limit" on a health insurance policy is the maximum dollar amount that the insurance policy will cover for the "life" of the policy. In other words, it is the maximum benefit a policy-holder can receive from a health insurance policy. 



What is an Annual Limit (Health Insurance)?

 
41d0a51e-59d3-45c5-8b57-040ff7d5d85fThe "annual limit" on a health insurance policy is the maximum dollar amount that the insurance policy will cover in a year. In other words, it is the maximum benefit a policy-holder can receive from a health insurance policy each year. 





New Tax Exclusion for Adult Child Coverage

 
new tax exclusion healthOn April 27, the IRS issued Notice 2010-38 which expands the health care tax exclusion for adults below the age of 27 as of the end of the taxable year.

Effective March 30, 2010 employees who have children who will not have reached age 27 by the end of the year are eligible for the new tax benefit. For this purpose, a child includes a son, daughter, stepchild, adopted child or eligible foster child. This new age 27 standard replaces the lower age limits that applied under prior tax law. It also replaces the requirement that a child generally qualify as a dependent for tax purposes. The definition of "Child" includes children of employee/spouse, step children, adopted children and foster children. There is no requirement that the child be a "dependent" for tax purposes. 

Section 125 Cafeteria Plans

The notice clarifies that employers with Section 125 plans may allow employees to make pre-tax contributions to provide coverage for children under age 27, even if the cafeteria plan has not yet been amended to cover these individuals (plans have until the end of 2010 to amend their cafeteria plan language).

Health Reimbursement Arrangements (HRAs)

The notice clarifies that expenses incurred by a child under age 27 may be reimbursed from a Health Reimbursement Arrangement (HRA)

Health Savings Accounts (HSAs)

The notice does not reference Health Savings Accounts (HSAs).  Because the health reform bill did not amend the section of the code that governs HSAs, it appears that expenses incurred for an adult child who does not qualify as a tax dependent cannot be reimbursed from an HSA.













England Plans to Decentralize Health Care

 
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According to article today in the New York Times, England Plans to Decentralize its Health Care System. The details of the plan are not final. However, the goal of the plan is to shift control of England’s $160 billion annual health budget from a centralized government agency to doctors at the local level. 

According to Sarah Lyall, under the plan, $100 billion to $125 billion a year would be meted out to general practitioners, who would use the money to buy services from hospitals and other health care providers.

Click here to view a white paper outlining the plan.

In your opinion, which country is moving in the "right" direction -- England, or the United States?







How to Appeal Claim Denials and Policy Cancellations by an Insurance Company

 
how to appeal claim denialsEffective September 23rd, 2010, new regulations give consumers in non-grandfathered health plans the right to appeal decisions, including claims denials and rescissions, made by their health plans.

Specifically, the rules issued by the Departments of Health and Human Services, Labor, and the Treasury give consumers:
    • the right to appeal decisions made by their health plan through the plan’s internal process,
    • the right to appeal decisions made by their health plan to an outside, independent decision-maker, no matter what State they live in or what type of health coverage they have.
Internal Appeals

The internal appeals process will guarantee a venue where consumers may present information their health plan might not have been aware of, giving families a straightforward way to clear up misunderstandings. 

Under the new rules, new health plans beginning on or after September 23, 2010 must have an internal appeals process that:
    • Allows consumers to appeal when a health plan denies a claim for a covered service or rescinds coverage; 
    • Gives consumers detailed information about the grounds for the denial of claims or coverage; 
    • Requires plans to notify consumers about their right to appeal and instructs them on how to begin the appeals process;
    • Ensures a full and fair review of the denial; 
    • Provides consumers with an expedited appeals process in urgent cases.
External Appeals

If a patient’s internal appeal is denied, patients in new plans will have the right to appeal all denied claims to an independent reviewer not employed by their health plan.  These standards were established by the National Association of Insurance Commissioners (NAIC). States are encouraged to make changes in their external appeals laws to adopt these standards before July 1, 2011. 

The NAIC standards call for:
    • External review of plan decisions to deny coverage for care based on medical necessity, appropriateness, health care setting, level of care, or effectiveness of a covered benefit.
    • Clear information for consumers about their right to both internal and external appeals – both in the standard plan materials, and at the time the company denies a claim. Expedited access to external review in some cases – including emergency situations, or cases where their health plan did not follow the rules in the internal appeal. 
    • Health plans must pay the cost of the external appeal under State law, and States may not require consumers to pay more than a nominal fee.
    • Review by an independent body assigned by the State. The State must also ensure that the reviewers meet certain standards, keep written records, and are not affected by conflicts of interest.
    • Emergency processes for urgent claims, and a process for experimental or investigational treatment. 
    • Final decisions must be binding so, if the consumer wins, the health plan is expected to pay for the benefit that was previously denied.












The Public Option is (Almost) Back

 
d8c27147-b7da-475b-8aeb-dda08b0cf7e3Today, 128 House representatives introduced a bill that would establish a public option in the state health exchanges created by the health reform law. 

The bill is an effort to bring back the public option included in early versions of the health reform bill (i.e. PPACA which stands for "Patient Protection and Affordable Care Act"). In order to ensure the passage of the health reform bill, the public option was dropped from the final version signed into law in March. 

According to Senate Majority Leader Harry Reid, it’s just a matter of time until the public option is passed: “We’re going to have a public option, it’s a question of when.”

Would a public option help reduce health care costs by introducing competition into the marketplace? Or, will it become another government program, and eventually add to the growing deficit?










Who Buys Individual Health Insurance? (Chart)

 
why purchase individual health insuranceLast month, Kaiser Family Foundation released a survey of people who purchase their own individual health insurance.  

Of those surveyed...
    • 45% said the primary reason they purchase coverage in the individual market is due to being self-employed or a small business owner.
    • 16% said their employer doesn’t offer insurance.
    • 6% said the employer offers insurance but it would still cost them too much to be covered.
    • 3% said they they don’t work enough hours to qualify for their employer's health insurance. 
The below chart summarizes the findings.




Blue Cross and Blue Shield Offers New Guaranteed Issue Child-Only Coverage Policy

 
Blue Cross and Blue Shield of Illinois announced a new coverage option yesterday for Child-only policies.  



The Department of Health and Human Services (HHS) issued an Interim Final Rule determining that provisions limiting the application of pre-existing condition exclusions for children under 19 means that all children under 19 who apply for insurance for which they are eligible on or after Sept. 23, 2010, cannot be denied coverage.  In other words, the policies for children under 19 must be “guaranteed issue.”


This new product will meet the requirements of the interim rule.

Health Insurance Agents Can Thrive Under Health Reform - Take 2

 
health insurance agents thrive reformI had a great time participating in the June 24th webinar: How Health Insurance Agents Can Thrive Under Health Care Reform.

The best part for me was hearing your comments and taking your questions. It’s clear that our industry will thrive, however, it is also clear that only agents who can transition to new services will remain.

Many of you have emailed since June 24 with specific questions and concerns. I’m sorry I can’t address them all personally, but I plan to cover all of them in an encore webinar presentation on August 3rd, 2010.  Click here to reserve your spot.

Please sign up soon as space is limited.

Thanks so much.













Interim Rule Says Child Policies Must be Guaranteed Issue

 
health reform child guaranteed issueThe health reform bill commonly known as PPACA (Patient Protection and Affordable Care Act) prohibits preexisting condition exclusions from being imposed for children who are under 19 years of age. This prohibition becomes effective for plan years beginning on or after September 23, 2010.

On June 22, 2010, the Departments of the Labor, Treasury and Health and Humans Services (HHS) issued interim final regulations regarding preexisting condition exclusion on children under 19 years of age.

These interim final regulations are effective 60 days after publication in the Federal Register. Comments are due on or before 60 days after publication.

According to the interim ruling, “preexisting condition exclusion” means a limitation or exclusion of benefits (including a denial of coverage) and prohibits not just an exclusion of coverage of specific benefits associated with a preexisting condition in the case of a child, but also a complete exclusion from such plan or coverage, if that exclusion is based on a preexisting condition.









List of Free Preventative Care Services Covered by New Health Insurance Plans

 
free preventative care

The federal government has released new rules describing which preventive care services will be free to consumers under the new health insurance requirements.  These requirements will be applied to all new insurance plans issued on or after September 23, 2010.

Individual Health Insurance Companies Continue to Drop Health Plans

 
aacad7ff-3008-4a24-98b6-de72222532ddIn a July 14th news release, Blue Cross Blue Shield of Illinois (BCBSIL), announced its plan to discontinue sales of two major medical individual health insurance products: "Traditional Blue" and "Basic Blue". This news comes as many other insurance companies (including Anthem and Humana) make similar announcements.

As September 23, 2010 nears, insurance companies are being forced to realign their existing individual market products in order to meet the new requirements taking effect in September this year.  Expect similar announcements from other carriers over the new few months.





What is a Grandfathered Health Insurance Plan?

 
grandfathered health insurance plan

A grandfathered health plan is any health insurance plan which was in existence on or prior to March 23, 2010. The Health Reform Bill makes exceptions for plans that meet the grandfathered requirement. Specifically, health plans that maintain grandfather status will not have to meet several provisions of the new insurance requirements, including:

Insurance Brokers Will Become Navigators of Health Care Reform's "Waters" - Exchanges

 
health insurance brokers
According to AIS, a new "navigator" role is emerging for health insurance brokers. Health insurance agent commissions are expected to be reduced in the coming years, but many agents see opportunities in helping clients navigate the unknown "waters" of health reform and exchanges.

Click here to read the full article from AIS
.

Americans are More Willing to Pay Medical Expenses Out of Their Own Pocket

 
americans out of pocket medical

Media and politics suggest most Americans are not willing to pay for their medical expenses out of pocket. However, McKinsey research suggests that approximately 74% of insured Americans would pay expenses of up to $1,000 a year. The report also found that a lack of financing options and basic confusion are the main cause of late and failed payments.

Click here to read the full report. 



Employer Mandate - What Happens If a Company Does NOT Offer Health Insurance

 
obamacare approved

The Health Care Reform bill requires certain employers to offer health insurance, else pay a tax penalty:

Health Reimbursement Arrangements (HRAs) and Medicare Secondary Payer Reporting

 
secondary payer reportingIn January, 2010, the Centers for Medicare and Medicaid Services (CMS) issued a revised MMSEA Section 111 MSP Mandatory Reporting GHP User Guide which clarifes the Health Reimbursement Arrangement (HRA) reporting requirements for Medicare Secondary Payer. 

Click here to access the most recent alert put out by CMS.

Who is required to report HRA plans?

If you self-administer your HRA, you will be responsible for submitting the Section 111 information on behalf of those plans. Otherwise, the third party administrator (TPA) may file on your behalf.

When is reporting required?

HRA-only Responsible Reporting Entities (RREs) were expected to register by May 1, 2010 in order to complete the registration process by June 30, 2010.  There will be a testing period from July 1st, 2010 until September 30th, 2010. 

Beginning October 1st, 2010, reporting with begin.

Other Key Things to Note:
    • HRAs offered in conjunction with a group health plan should not be reported separately from the group health plan coverage. 
    • HRAs with annual benefit amounts less than $1,000 are exempted from reporting requirements















What is a Health Insurance Exchange?

 
41d0a51e-59d3-45c5-8b57-040ff7d5d85fA Health Insurance Exchange is a government-regulated marketplace of insurance plans with different tiers, or levels of coverage, offered to individuals or employers.  Supporters of Health Insurance Exchanges believe that government-regulated exchanges will increase competition and lower prices.

Currently, Utah and Massachusetts operate health insurance exchanges in their respective states.





Health Savings Accounts (HSAs) are "IRAs on Steroids"

 
health savings accounts iraHealth Savings Accounts (HSAs) combine the benefits of both traditional and Roth 401(k)s and IRAs for medical expenses.

Taxpayers receive a 100% income tax deduction on annual contributions, they may withdraw HSA funds tax-free to reimburse themselves for qualified medical expenses, and they may defer taking such reimbursements indefinitely without penalties.

HSAs are unique - “IRAs on Steroids” - with triple tax advantages:
    1. Tax-deductible contributions, 
    2. Tax-free accumulation of interest and dividends tax-free, and 
    3. Tax-free distributions for qualified medical expenses.







When Should I Offer My Client a Health Reimbursement Arrangment (HRA)?

 
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Health Reimbursement Arrangements (HRAs) make the most sense for employers who want to provide employee health benefits but have been priced out of traditional group plans.

The best time to offer an HRA is when your client is unable to afford an annual rate increase on a group health insurance plan.

HRAs are 100 percent employer-funded and controlled, and there is no maximum or minimum amount employers may contribute.  Generally, employees cannot take unspent HRA funds with them when they changes jobs.

In addition, HRAs allow reimbursement of an employee's individual insurance premiums, making them a capable alternative to group health insurance plans for many businesses.







History of U.S. Health Insurance - Why Most Americans Get Health Benefits from Employers

 
history employer health benefits

Prior to World War II, most Americans paid for their own medical care, either directly to their chosen provider or through Blue Cross nonprofit health insurance entities which were created by hospitals to offer individuals guaranteed service in return for a fixed fee. Back then, health insurance was really insurance—providing payment only for major items like hospitalizations that people could not afford to pay for themselves.

Many employees purchased their own individual or family health insurance policies, sometimes called personal health insurance policies, just like they do today with homeowners, auto, and life insurance.

During World War II, government leaders and economists were greatly concerned with potential postwar inflation. They had seen firsthand what happened in Germany after World War I, and blamed Hitler’s rise to power on Germany’s postwar inflation and economic ruin.

To avoid inflation, the U.S. Congress and President Roosevelt instituted wage and price controls during World War II and were determined to maintain them after the war.

In 1945, in order to politically grant a concession to labor without appearing to violate wage and price controls, the federal government exempted employer-paid health benefits from wage controls and income taxation—in effect allowing off-the-books raises for employees in the form of nontaxable health benefits.

This was economically equivalent to giving employees cash for their medical expenses, cash that employers and employees legally didn’t have to report to the IRS. This unreported off-the-books compensation in the form of health benefits created an enormous tax advantage for employer-sponsored group health benefits over personal health insurance policies and incidental medical expenses purchased by employees with their own after-tax dollars. Employers received a 100% federal, state, and city tax deduction for the cost, and health benefits received by employees were exempt from individual federal, state and city taxation.

This created an up to 2-for-1 tax advantage (depending on the income tax bracket of the employee) for employer health benefits provided by employers versus health benefits, including personal health insurance policies, purchased by employees themselves.

Today, most employers offer their employees group health benefits and typically pay 60%-100% of the cost for employees who participate. Group employer health care costs (and group insurance premiums) have been increasing the past five years at 3-4 times the rate of general inflation.

In response to the rising costs of group coverage, employers have been reducing health benefits, increasing the employee (and especially dependent) cost to participate, or even cutting out health benefits entirely. An increasingly popular way to counteract the rising costs of group coverage and to maintain employee benefits is with tax-advantaged benefit programs such as HRAs, FSAs, POPs, and HSA’s.

















Medical Expense and Insurance Premium Reimbursement Accounts

 
premium reimbursement account

There are four basic types of accounts and arrangements that companies use to provide tax-advantaged medical expense and insurance premium reimbursement to employees.

Company Funded Arrangements

Health Reimbursement Arrangements (HRAs)

Health Reimbursement Arrangements are tax-advantaged arrangements (not accounts) that employees can use to receive reimbursement for qualified medical expenses, including health insurance premiums. An HRA can supplement a group policy or provide employer funds for an individual health policy. All employees, former employees, and retirees qualify to have an HRA.  HRAs must be 100% funded by employers.


Employee Funded or Owned Accounts

Flexible Spending Accounts (FSAs)

Flexible Spending Accounts are tax-advantaged arrangements where employees convert pre-tax wages into a fixed annual fund to pay for out-of-pocket medical expenses. FSA funds cannot pay for health insurance premiums. All employees qualify to have an FSA. FSAs are generally 100% funded by employees, although employers are allowed to offer incentive Flex Credits as FSA contributions.

Premium Only Plans (POPs)

Premium only Plans are effectively an FSA for individual or family health insurance premiums, as allowed under new IRS regulations effective 1/1/09. Employers can either reimburse employees for individual health insurance policy premiums or pay such premiums directly to insurance carriers. All employees qualify to have a PSA.

Health Savings Accounts (HSAs)

Health Savings Accounts are tax-advantaged consumer savings accounts similar to an IRA or 401k that consumers can use to pay for qualified medical expenses. HSAs are supplements to health insurance since HSA funds cannot generally pay for health insurance premiums. Only employees who obtain HSA-qualified high deductible health insurance from an employer’s group plan or from a individual health policy qualify to have an HSA. HSAs can be funded by employers, employees, or third parties.

Can Employers Pay for Employees' Individual Health Insurance?

 
employer payment of individual health insurance

Employers are allowed to use Health Reimbursement Arrangements (HRAs) to reimburse employees tax free for individual health insurance premiums, similar to the way employers contribute on a tax free basis to group premiums. This has been clarified with the release of numerous U.S. Treasury and State publications spelling out how employers can use HRAs for tax-free reimbursement of the premiums paid for personal health insurance policies. See "Insurance Premiums" in IRS Publication 502. Also see IRS Publication 969.

Eligibility Criteria and Online Application for Federal Health Insurance Pool

 
federal health insurance pool

The Department of Health and Human Services (www.hhs.gov) released new information today on how to access the new Pre-Existing Condition Insurance Plan (PCIP) established by The Affordable Care Act. The new plan makes health coverage available to individuals with pre-existing conditions that have been uninsured for at least 6 months.

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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.