This should not be taken as legal or tax advice.
Specifically, the order:
- Confirms that employers of any size may establish HRAs that reimburse for individual health insurance premiums.
- Confirms that individual policies paid for by an employee who has an HRA are subject to individual health insurance regulations (not group health insurance regulations).
- Repeals the 2009 Colorado Department of Insurance Bulletin No. B-4.32.
For history on this issue, you may be interested in the following posts:
Note: This should not be taken as tax or legal advice HRAs, POPs and tax free individual health insurance are 100% allowed in Alaska if administered the correct way.
Nothing in Alaska insurance code restricts an employer (small or large) from offering HRAs and POPs that reimburse individual health insurance plans. HRAs and POPs are federal plans that are not regulated by the Alaska Department of Insurance.
However, there exists confusion with regard to the state insurance code that regulates insurance companies insuring small employers (i.e. companies with 2-50 employees). It is important to realize that the insurance code applies to insurance companies and does not restrict a small employer from offering employees the ability to reimburse themselves for individual health insurance costs tax free.
|
Sec. 21.54.500. Definition
(14) ..."group market" includes a health benefit plan for a small employer in the group market that includes an arrangement under which
(A) a portion of the premium or benefits is paid by a small employer;
(B) a covered individual or dependent is reimbursed, through wage adjustments or otherwise, by or on behalf of a small employer for all or a portion of the premium; or
(C) the health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of 26 U.S.C. 106 or 26 U.S.C. 162 (Internal Revenue Code);
|
Individual policies reimbursed by
ZanePOP cannot be made subject to the requirements of Section 627.6699 because, with ZanePOP:
- The employer does not pay a portion of the premium or benefits for the individual health insurance policy.
- The employer does not reimburse the employee for any portion of the premium.
The non-applicability of 627.6699 to individual policies reimbursed by ZanePOP should be straightforward. Please post questions in the comment section.
Similarly, individual policies reimbursed by
ZaneHRA cannot be made subject to the requirements of Section 627.6699 because, with ZaneHRA:
- The employer does not pay a portion of the premium or benefits for the individual health insurance policy;
- The employer does not limit reimbursement to specific individual health insurance premiums and never knowingly or directly reimburses individual health insurance premiums;
The ZaneHRA itself is the "Plan", not the health care items reimbursed by the "Plan". In other words, ZaneHRAs are qualified ERISA- and HIPAA-compliant employee welfare benefit plans. However the medical items (e.g. pharmacy, insurance policy costs, doctor visits, etc.) for which each employee chooses to seek reimbursement from their ZaneHRA, are not part of an employee welfare benefit plan.
The federal government has guidelines for employers who want to allow insurers or their representatives access to their employees without triggering ERISA plan status and the associated liabilities. ZaneHRA is designed to comply with these guidelines.
Compliance includes the following restrictions on the actions of employers:
- Employers must not be involved in employees' decision to purchase individual health insurance, or their decision on which insurer or plan to use. They must not get involved in any negotiations with an insurance carrier over price or benefits of individual health insurance plans, and must not provide employees with claim forms or other materials related to their individual health insurance policies.
- Employers may not directly pay premiums on individual health insurance policies. They must not receive any compensation from an insurance carrier in connection with an employee's individual health insurance policy.
- Employers must not become involved in any claim dispute between an employee and an insurance carrier; all inquiries must be directed to the insurer.
To comply with point (1) above, while still making contributions to an HRA that can reimburse for individual health insurance premiums, employers must follow these additional guidelines:
- Employers must not pressure employees to use the money in their HRA to pay for individual insurance coverage. Employers may require HRA participants to have health insurance coverage to participate in their HRA provided this requirement is waived for participants medically unqualified to obtain health insurance (e.g. rejected, uprated, excluded).
- In addition to reimbursing for health insurance premiums, employers should also allow the use of HRA funds for qualified medical expenses.
- Employers must limit their role to simply reimbursing qualified medical expenses as directed by the ZaneHRA plan.
Zane Benefits, Inc. (http://www.ZaneBenefits.com) helps employers take advantage of new IRS laws (Section 125 and Section 105) that allow employers and employees to contribute tax free dollars to individual health insurance costs. Zane Benefits' solution involves a switch to employer-funded individual health insurance in which each employee receives a tax-free monthly allowance to purchase their own individual policy.
Individual health insurance used to be expensive and hard to get. However, due to health insurance reforms, individual policies are now more affordable and accessible. For example, insurance companies must now accept children regardless of preexisting conditions, and guaranteed acceptance is being extended to all citizens over the next few years. Additionally, a new federal risk pool is now available for anyone who cannot find health insurance on the individual market.
Click here to read the full press release.
Note: This should not be taken as tax or legal advice HRAs, POPs and tax free individual health insurance are 100% allowed in Maryland if administered the correct way.
Nothing in Maryland insurance code restricts an employer (small or large) from offering HRAs and POPs that reimburse individual health insurance plans. HRAs and POPs are federal plans that are not regulated by the Maryland Department of Insurance.
However, there exists confusion with regard to the state insurance code that regulates insurance companies insuring small employers (i.e. companies with 2-50 employees). It is important to realize that the insurance code applies to insurance companies and does not restrict a small employer from offering employees the ability to reimburse themselves for individual health insurance costs tax free.
According to
Maryland Insurance Code Section 15-1202:
|
"§ 15-1202. Scope of subtitle.
(a) Scope of subtitle.- This subtitle applies only to a health benefit plan that:
(1) covers eligible employees of small employers in the State; and
(2) is issued or renewed on or after July 1, 1994, if:
(i) any part of the premium or benefits is paid by or on behalf of the small employer;
(ii) any eligible employee or dependent is reimbursed, through wage adjustments or otherwise, by or on behalf of the small employer for any part of the premium;
(iii) the health benefit plan is treated by the employer or any eligible employee or dependent as part of a plan or program under the United States Internal Revenue Code, 26 U.S.C. § 106, § 125, or § 162; or
(iv) the small employer allows eligible employees to pay for the health benefit plan through payroll deductions. "
|
Individual policies reimbursed by ZanePOP cannot be made subject to the requirements of Section 15-1202 because, with ZanePOP:
- The employer does not pay a portion of the premium or benefits for the individual health insurance policy.
- The employer does not reimburse the employee for any portion of the premium.
- The employer/employees do not treat specific individual health insurance plans as a part of a plan or program for purposes of Section 106, 125 or 162.
- The employer does not allow eligible employees to pay for the health benefit plan through payroll deductions.
The non-applicability of Section 15-1202 to individual policies reimbursed by ZanePOP should be straightforward. Please post questions in the comment section.
Similarly, individual policies reimbursed by ZaneHRA cannot be made subject to the requirements of Section 15-1202 because, with ZaneHRA:
- The employer does not pay a portion of the premium or benefits for the individual health insurance policy;
- The employer does not limit reimbursement to specific individual health insurance premiums and never knowingly or directly reimburses individual health insurance premiums;
- The employer/employees do not treat specific individual health insurance plans as a part of a plan or program for purposes of Section 106, 125 or 162.The ZaneHRA itself is the "Plan", not the health care items reimbursed by the "Plan". In other words, ZaneHRAs are qualified ERISA- and HIPAA-compliant employee welfare benefit plans. However the medical items (e.g. pharmacy, insurance policy costs, doctor visits, etc.) for which each employee chooses to seek reimbursement from their ZaneHRA, are not part of an employee welfare benefit plan.
- The employer does not allow eligible employees to pay for the health benefit plan through payroll deductions.
The federal government has guidelines for employers who want to allow insurers or their representatives access to their employees without triggering ERISA plan status and the associated liabilities. ZaneHRA is designed to comply with these guidelines.
Compliance includes the following restrictions on the actions of employers:
- Employers must not be involved in employees' decision to purchase individual health insurance, or their decision on which insurer or plan to use. They must not get involved in any negotiations with an insurance carrier over price or benefits of individual health insurance plans, and must not provide employees with claim forms or other materials related to their individual health insurance policies.
- Employers may not directly pay premiums on individual health insurance policies. They must not receive any compensation from an insurance carrier in connection with an employee's individual health insurance policy. Employers must not become involved in any claim dispute between an employee and an insurance carrier; all inquiries must be directed to the insurer.
To comply with point (1) above, while still making contributions to an HRA that can reimburse for individual health insurance premiums, employers must follow these additional guidelines:
- Employers must not pressure employees to use the money in their HRA to pay for individual insurance coverage. Employers may require HRA participants to have health insurance coverage to participate in their HRA provided this requirement is waived for participants medically unqualified to obtain health insurance (e.g. rejected, uprated, excluded).
- In addition to reimbursing for health insurance premiums, employers should also allow the use of HRA funds for qualified medical expenses.
- Employers must limit their role to simply reimbursing qualified medical expenses as directed by the ZaneHRA plan.
