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Health Reform Aftermath - What Employers and Individuals Should Do Now

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 

1. 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. 


2. 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. 


3. 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.


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

Note: None of this should be taken as tax or legal advice

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;
*Medigap (Supplemental Insurance) Policies are not eligible for HRA reimbursements.

Does COBRA apply to Health Reimbursement Arrangements (HRAs)?

Note:  None of this should be taken as tax or legal advice

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. 

HRAs, like other group health benefit plans, are subject to the continuation requirements of COBRA. Employers must give terminated employees the option to continue HRA coverage for a period after termination, and may charge the terminated employee up to 102% of the cost of this coverage.

If the participant participated in both the HRA and a group health insurance plan while employed, the employer may require that the terminated participant elect COBRA coverage for the group plan in order to elect COBRA for the HRA. In other words, the employer may give the terminated participant the options of electing: (a) no COBRA, (b) COBRA coverage only for the group health insurance, or (c) COBRA coverage for both the group health insurance and the HRA, but need not give the participant the option of electing COBRA only for the HRA.

For most purposes, terminated participants who have elected COBRA coverage are treated exactly like current, similarly situated employees. They should continue to receive HRA allowances and have the ability to submit new claims just like a current employee. If the HRA plan for current employees is changed or terminated, the change affects any current COBRA participants in the same way. The key difference is that the employer may charge the terminated participant and/or dependents for the cost of their coverage.

In general, an employer may charge a terminated employee and/or dependents monthly up to 102% of the cost of the coverage for a similarly situated individual in the plan. The IRS has not released specific guidelines for calculating the cost of an HRA plan in order to determine COBRA premium, except that the determination may not depend on the participant’s current HRA balance.

Individual Health Insurance Policies Continued to Grow in 2009 and 2010

eHealth Inc. released a study of their policies titled, "The Cost and Benefits of Individual and Family Health Insurance Plans 2009." The report surveyed the active policies in the month of February 2009. Below are some highlights:

  1. The number of individual and family policies increased 40% from 2007 to 2009.
  2. The average monthly premium and annual deductible for an individual was $161 and $2,326 respectively. 
  3. The average monthly premium and annual deductible for a family was $383 and $3,128 respectively.
  4. The average age of a policy holder was 35 years old.

Expect individual health insurance to continue its enormous growth in 2010 as:

  1. More companies drop group health coverage in favor of Health Reimbursement Arrangements (HRAs)
  2. The unemployment rate continues to rise
  3. Individual policies continue to outmatch group plans with lower costs and portability from employer-to-employer

What do you think?


How Can HRAs and Individual Insurance Replace Self-Insured Plans?

Note: None of this should be taken as legal or tax advice.

In a previous post, Rick described how a self-insured group health plan works. The purpose of this post is to provide an example of how HRAs and individual policies (what we call "ZaneHRA") might replace a company's self-insured health plan. 

Using the example from Rick's earlier post, the following illustrates how a switch to ZaneHRA might help a company (who is currently self-insuring their health plan) reduce their health benefit liabilities.


Illustrative Example: ABC Manufacturing (1000 employees)*


Annual Exposure and Cost with a Self-Insured Group Health Plan

ABC Manufacturing's group health insurance is partially self-funded with a Third Party Administrator (TPA). They purchased a stop-loss policy covering claims in excess of $20,000 per employee per year that costs them $50,000 ($50 x 1,000) per month. The stop-loss policy caps ABC Manufacturing's exposure at $20,000 per employee per year. ABC Manufacturing's total risk exposure for the year is $20,000,000 (1,000 x $20,000) in claims. They predict that total claims for the year will total $5,000,000 which equates to an average monthly premium of approximately $467 per employee ($5,000,000 / 1,000 / 12 + $50).

Total Annual Risk Exposure = $20,000,000
Predicted Actual Cost = $5,600,000 (or ~$467 per month per employee)


Annual Exposure and Cost with ZaneHRA

ABC Manufacturing makes available an average of $5,600 per year (~$467 per month) to each employee using ZaneHRA. Their total risk exposure for the year is $5,600,000 ($5,600 * 1,000) Each employee purchases their own individual insurance policy and uses ZaneHRA to get reimbursed tax-free. Since ABC Manufacturing only has an expense if HRA funds are utilized with ZaneHRA, they predict that only 80% of the ZaneHRA funds will be utilized this year costing them approximately $373 per employee per month ($467 x 80%).

Total Annual Risk Exposure = $5,600,000
Predicted Actual Cost = $4,480,000 ($5,600,000 x 80%)


In this example, ZaneHRA reduces ABC Manufacturing's Annual Risk Exposure by $14,400,000. Additionally, ZaneHRA is predicted to reduce ABC's costs by 20% (or $1,120,000).


*This example is meant as an easy-to-follow illustration for educational purposes only and is not necessarily indicative of actual costs in the market.



 
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Clarifying Health is a blog about health insurance, health benefits, and everything else related to how Americans pay for medical expenses.

If you have any tips or suggestions for this blog, send an email to blog@ZaneBenefits.com and let us know. We always appreciate feedback

We also run a company called Zane Benefits where we're doing everything we can to help America out of the current healthcare mess.

If you want to learn more about how Zane Benefits helps companies with their benefits, or you're interested in working with us, visit the Zane Benefits website.
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