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How Sick Employees Can Get Individual Health Insurance Even If They Have Pre-existing Medical Conditions

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

In 45 states, insurance carriers are allowed to reject applications for individual health insurance if the applicant has a preexisting medical condition. If a child of the applicant has a preexisting condition, the child cannot be denied individual health insurance if they are under the age of 19.  

Luckily, the federal and state governments have put special mechanisms in place to ensure that these individuals can purchase an individual health insurance plan.  

If an employee (or a member of an employee's family that is 19 or older) is unable to obtain individual health insurance due to a preexisting medical condition, they will become eligible for individual health insurance in one of the following ways:
  1. If an employee (or a member of an employee's family that is 19 or older) is federally HIPAA-eligible, they can purchase an individual health insurance plan through a mechanism provided by the State
  2. If the employee (or a member of an employee's family that is 19 or older) is eligible for a state's risk pool, they can purchase individual health insurance through the State risk pool
  3. If an employee (or a member of an employee's family that is 19 or older) cannot get health insurance for 6 months, they can purchase an individual health insurance plan through the federal risk pool (PCIP).
When a company cancels their group health insurance plan, employees with pre-existing medical conditions often become federally HIPAA-eligible. 


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Health Reform - New Annual and Lifetime Limits Requirements

Effective September 23, 2010, the health reform bill prohibits group health insurance plans from imposing lifetime limits on essential health benefits.  However, plans may impose certain annual limits on essential health benefits until January 1st, 2014.  This new requirement applies to plans with effective dates of coverage on September 23, 2010 or later. 

The annual limits restrictions phase in over the next few years as follows:
  • Phase 1 (September 23, 2010 through September 22, 2011) - $750,000 maximum per participant
  • Phase 2 (September 23, 2011 through September 22, 2012) - $1,000,000 maximum per participant
  • Phase 3 (September 23, 2012 through December 31, 2013) - $2,000,000 maximum per participant
  • Phase 4 (January 1st, 2014 Year 5 and beyond) - no annual limit allowed 
 
Health Reimbursement Arrangements (HRAs)

Health Reimbursements Arrangements are not affected by these requirements provided an underlying plan complies with the dollar limit rules.


Flexible Spending Accounts (FSAs)

Flexible Spending Accounts are not affected by these requirements.


Health Savings Accounts (HSAs)

Health Savings Accounts are not affected by these requirements.


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Flexible Spending Accounts (FSAs) - 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)

The maximum election limit will be $2,500 per participant.  It is important to note that this limit only applies to pre-tax contribution by an single employee (i.e. A husband and wife may each elect $2,500 if they participate in separate FSA plans).  Similarly, an employers may make contributions to an FSA above and beyond the $2,500 limit.

Beginning in 2014, the maximum election limit will be indexed to the CPI.

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What are Essential Health Benefits?

The term "essential health benefits" refers to the minimum health insurance coverage an employer with 50 or more full time equivalent employees must make available to avoid paying the employer penalty under the new health reform bill.

(Effective January 1st, 2014) In order to avoid paying the maximum penalty, the employer must offer each employee the ability to enroll in to essential health benefits through an eligible employer-sponsored plan, which is:

  1. any plan or coverage offered in the small or large group market within a State (including small business exchanges),
  2. coverage under a grandfathered health plan, or
  3. a qualified governmental plan.


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England Plans to Decentralize Health Care

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?


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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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