- Sep 24, 2007
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Given the level of discourse so far on the Affordable Care Act I debated doing this but I am going to give it a shot. If the thread devolves into partisan bickering I will ask to have it locked.
I am a state insurance regulator charged with implementing various provisions of the Affordable Care Act. I will take questions relating to the implementation of the ACA and how it may impact you, your state, and the country. I'd like to keep things in the vein of the ATOT tax threads. I don't know everything but I have lots of resources at my disposal to find answers. As some of the enacting provisions of the ACA are state-specific I won't be able to answer all questions (just like the tax thread) but will do my best.
My qualifications:
Chartered Property & Casualty Underwriter
Accredited Insurance Examiner
Associate in Insurance Accounting & Finance
Associate in Fidelity & Surety Bonding
Associate in Personal Insurance
Associate in Regulation and Compliance
Associate in Reinsurance
Member of Society of Financial Examiners
Member of Insurance Regulatory Examiners' Society
~ 10 years industry experience
Access to variety of industry resources
Nothing I say should be taken as gospel or a legal opinion. I am not an attorney and do not represent my state in any official capacity in this thread.
Common acronyms used:
ACA- Affordable Care Act
AV- Actuarial Value
BCBS- Blue Cross/Blue Shield
CBO- Congressional Budget Office
CCIIO- Center for Consumer Information and Insurance Oversight
CHIP- Children's Health Insurance Program
COLA- Cost-Of Living Adjustment
EHB- Essential Health Benefit
ERISA- Employee Retirement Income Security Act
FPL- Federal Poverty Level
FSA- Flexible Spending Account
FTE- Full-time Equivalent
HDHP- High Deductible Health Plan
HHS- Department of Health and Human Services
HSA- Health Savings Account
IRC- Internal Revenue Code
MAGI- Modified Adjusted Gross Income
MEWA- Multiple Employer Welfare Arrangement
MLR- Medical Loss Ratio
MSA- Medical Savings Account
NAIC- National Association of Insurance Commissioners
NIPR- National Insurance Producer Registry
SHOP- Small business Health OPtions
TPA- Third-Party Administrator
Below are some of the common questions, more specific questions and answers are contained in the body of the thread.
Mandate/Penalty
Q: How will it be determined/verified that one had coverage and complied with the mandate?
A: Insurers will be required to issue a form similar to a 1099 to each policyholder indicating the months that the person was insured. The forms will be attached to the 1040 filing as proof of coverage when the tax return is filed.
Q: Supposedly there is a 3 month grace period to the mandate on not being covered. What is to stop someone from getting coverage for a month and then dropping it for 3?
A: Section 1501(e)(4)(B)(iii) stipulates that if there is more than one "grace period" lapse in a calendar year only the first such lapse will be forgiven.
Q: What will be the penalty in 2016 when the phase-in is complete?
A: The penalty will be $695 per adult and $347.50 per child. The maximum penalty will be $2,085 per family or 2.5% of Modified Adjusted Gross Income (MAGI), whichever is greater. The penalty will be prorated monthly and any temporary lapse of less than 3 months will not be counted. After 2016 the penalty will have an inflation peg and will increase in increments of $50.
Q: What is the exclusion from the mandate for "affordability"?
A: If the least expensive plan offered by your employer, after your employer's subsidy, is more than 9.5% of your MAGI then you may opt out of your employer's plan(s) and be eligible for the individual exchange. Once you are eligible for the exchange if the least expensive plan offered on the exchange, after government subsidy, is more than 8% of your MAGI then you are exempt from the mandate.
Q: Will those on Medicare be required to sign up for part B, C or D in order to comply with the mandate?
A: Per Section 1501(f)(1)(A)(i) only Medicare Part A will be required to meet the Minimum Essential Coverage (mandate).
Q: Do people earning below the poverty level have to purchase insurance or pay a tax penalty?
A: Yes, they are subject to the mandate but there is probably not a plausible scenario where they cannot fulfill the mandate except by choice.
Q: Do employers incur penalties for not offering insurance?
A: If the employer has <25 employees and the average wage is <$50,000 then the employer receives a tax credit to offer insurance on the SHOP Exchange.
If the employer has <50 employees the employer is exempt from the ACA mandate.
If the employer has 50+ employees, does not offer coverage, and none of its employees are eligible for a federal subsidy it incurs no penalty.
If the employer has 50+ employees, does not offer coverage, and at least one employee is eligible for a federal subsidy it incurs a penalty of $2,000 per FTE employee for every FTE employee above 30.
If the employer has 50+ employees, offers coverage, and the coverage does not pay at least 60% of the costs for a typical population it incurs a penalty of $3,000 per FTE employee for every FTE employee above 30.
If the employer has 50+ employees, offers coverage, the coverage pays at least 60% of the costs for a typical population but at least one employee fails the 9.5% affordability test the employer incurs a penalty of $3,000 per FTE employee failing the 9.5% affordability test for every FTE employee failing the 9.5% affordability test above 30.
Q: Can an employer avoid the mandate by breaking up into smaller companies, each with fewer than 50 employees?
A: No, the ACA contains common control provisions which extend beyond the legal liability of a company. So long as one individual, or group of individuals, owns multiple companies they are considered one for ACA purposes even if otherwise unrelated.
Subsidy
Q: What will the subsidy calculation look like?
A: A family below 133% of the Federal Poverty Line will pay not more than 2% of their income on the second-lowest price Silver plan. Once income exceeds 133% of the FPL the subsidy decreases to not more than 3% of income. From 133% of FPL to 300% of FPL a sliding scale is applied with the subsidy decreasing to not more than 9.5% of income at 300% of FPL. The subsidy of not more than 9.5% of income is flat up to 400% of FPL, where it disappears completely.
Q: If you work for an exempted company and buy a subsidized plan on the exchange for your family will your employer still be billed for the subsidy?
A: The subsidy is only charged back to the employer when the employer is required to provide adequate and affordable coverage and fails to do so. If the employer is exempt from the requirement, say by having fewer than 50 employees, then they are not charged for the federal subsidy costs.
Q: The ACA gives subsidies to certain people (by income) who purchase insurance on an exchange. Where will that subsidy money come from?
A: From a technical perspective, the subsidies are funded by a combination of direct taxation, indirect taxation, and diverted tax cuts.
Q: What guarantee do we have that Congress will maintain proper funding for these subsidies in the next 5 to 10 years?
A: The "subsidies" are not actually subsidies but instead tax credits and they don't have to be "paid for" in the traditional sense; they are paid for through reduced tax revenue. So long as the law remains as it is now Congress cannot "de-fund" the payments any more than they could refuse to pay a legally obtained tax refund.
Coverage
Q: What are Essential Health Benefits?
A: They are specific categories of health insurance benefits.
Q: How many Essential Health Benefit categories are there?
A: There are ten Essential Health Benefits mentioned in the Affordable Care Act.
Q: What are the Essential Health Benefit categories?
A:
• Ambulatory patient services;
• Emergency services;
• Hospitalization;
• Maternity and newborn care;
• Mental health and substance abuse disorder services;
• Prescription drugs;
• Rehabilitation and Habilitation;
• Laboratory services;
• Preventive and wellness services; and
• Pediatric services
Q: What are ambulatory patient services?
A: Ambulatory patient services are probably better known as “outpatient” services.
Q: I understand what rehabilitation is, but what is habilitation?
A: If you think of rehabilitation as re-learning how to do something, such as re-learning to walk after knee surgery, then habilitation is learning how to do something for the first time, such as overcoming a speech impediment.
Q: Why are Essential Health Benefits important?
A: There are two main reasons:
1. The Affordable Care Act requires most individual health insurance policies and most health insurance policies offered by small employers to cover the Essential Health Benefits; and
2. The Essential Health Benefits cannot have annual or lifetime dollar limits attached to them.
Q: How are the Essential Health Benefits chosen?
A: Your state will choose one “benchmark” insurance plan from ten choices and that benchmark plan will set the Essential Health Benefits for the State.
Q: What about all of the benefits that are not Essential Health Benefits, like chiropractic care?
A: If the benchmark plan selected has other benefits on top of the Essential Health Benefits, those additional benefits will become Essential and must be included by many plans.
Q: Wait, so you’re going to dictate what insurance plan I have to have?
A: No. The benchmark plan will set the minimum insurance benefits that many insurance plans will have to offer but you will still be free to shop for insurance from any licensed insurance company you wish.
Q: But you’re going to set my deductible, copayment, and coinsurance, right?
A: No. Your deductible, copayment, and coinsurance (collectively called “cost sharing”
are actually not directly related to the Essential Health Benefits.
Q: You said there are no annual or lifetime dollar limits for Essential Health Benefits but you did not say anything about visit limits. What’s the deal?
A: Insurance plans will be able to have visit limits on Essential Health Benefits but the limit cannot be lower than the limit in the benchmark plan.
Q: So what insurance plans will have to offer the Essential Health Benefits?
A: All non-grandfathered individual and small group insurance plans must offer the Essential Health Benefits.
A small group insurance plan is typically offered through an employer and covers 2-50 people. A grandfathered plan is an insurance plan that existed on or before March 23, 2010 and that has not significantly cut benefits or increased costs.
Q: I have insurance through my employer, which has more than 50 employees. Does this mean that I’m not eligible for the Essential Health Benefits?
A: No. If you have insurance through a plan with more than 50 participants or a plan which is self-funded then your insurance does not have to provide all 10 Essential Health Benefit categories. However, if your insurance does provide an Essential Health Benefit category, the benefits in that category cannot have annual or lifetime dollar limits.
Q: So what does this all mean?
A: Let’s use an example. Pretend that we have three health insurance plans, Plan 1, Plan 2, and Plan 3. All three plans cover physical therapy after a knee surgery. Plan 1 offers 20 physical therapy visits per year, Plan 2 offers 60 physical therapy visits per year, and Plan 3 offers unlimited physical therapy visits per year.
If Plan 1 is selected as the benchmark then physical therapy with a 20 visit maximum becomes an Essential Health Benefit. Plan 2 and Plan 3 do not have to change since their visit maximums are both greater than 20.
If Plan 2 is selected as the benchmark then physical therapy with a 60 visit maximum becomes an Essential health Benefit. Plan 1 will have to increase its visit limit from 20 to 60 and Plan 3 will not have to change.
If Plan 3 is selected as the benchmark then physical therapy with no visit limit becomes an Essential Health Benefit. Both Plan 1 and Plan 2 will have to eliminate their visit limits.
Q: Why doesn’t my state just choose the plan with the best benefits as the benchmark?
A: Better insurance coverage is more expensive; we must balance the benefits chosen against the cost to you. Also, not every plan may cover the same items. One plan may have the best benefit in one category and the worst benefit in another category, so the selection must be carefully weighed.
Q: Are dental and vision coverages part of the ACA?
A: Dental and vision are contemplated by the ACA but the rules are not finalized. We do know that pediatric dental will be required under the ACA but we do not know if it will be considered an Essential Health Benefit. Outside of that we do not know if pediatric vision or adult dental and vision will be required or an EHB. It should be possible to purchase standalone dental and vision on the exchange, but again we don't have any preliminary rules for that yet.
Technical
Q: What affect does the ACA have for someone with a "Cadillac" plan?
A: The ACA defines a "Cadillac" plan as one with individual premiums in excess of $10,200 annually or family premiums in excess of $27,500 annually before the employer pays any portion. The ACA has enacted a funding provision which taxes these plans. The tax is 40% of the premium in excess of the "Cadillac" definition. If the "Cadillac" tax is trigger solely by the premiums then the tax must be paid by the insurance company. If the "Cadillac" tax is triggered by HSA/MSA contributions made by the employer then the tax must be paid by the employer. If the employer self-insures and uses a TPA to administer the plan then the tax must be paid by the TPA.
Q: What constitutes a "family plan" for the "Cadillac" tax? The selections have always been employee, employee+1, and employee+family so it is a bit confusing.
A: Under the ACA a "family plan" is considered anything other than a "self-only" plan. In other words, two or more people constitute a family, regardless of composition.
Q: Has the MLR calculation been finalized?
A: Yes, I believe it has been adopted from an interim final rule to a final rule.
Q: Are anti-fraud costs still excluded from the MLR calculation?
A: Yes, anti-fraud costs are not considered in the MLR calculation.
This is sticky-worthy. Making it a sticky.
Trolls - keep out or you (the troll) and your posts will be removed from this thread.
Administrator Idontcare
I am a state insurance regulator charged with implementing various provisions of the Affordable Care Act. I will take questions relating to the implementation of the ACA and how it may impact you, your state, and the country. I'd like to keep things in the vein of the ATOT tax threads. I don't know everything but I have lots of resources at my disposal to find answers. As some of the enacting provisions of the ACA are state-specific I won't be able to answer all questions (just like the tax thread) but will do my best.
My qualifications:
Chartered Property & Casualty Underwriter
Accredited Insurance Examiner
Associate in Insurance Accounting & Finance
Associate in Fidelity & Surety Bonding
Associate in Personal Insurance
Associate in Regulation and Compliance
Associate in Reinsurance
Member of Society of Financial Examiners
Member of Insurance Regulatory Examiners' Society
~ 10 years industry experience
Access to variety of industry resources
Nothing I say should be taken as gospel or a legal opinion. I am not an attorney and do not represent my state in any official capacity in this thread.
Common acronyms used:
ACA- Affordable Care Act
AV- Actuarial Value
BCBS- Blue Cross/Blue Shield
CBO- Congressional Budget Office
CCIIO- Center for Consumer Information and Insurance Oversight
CHIP- Children's Health Insurance Program
COLA- Cost-Of Living Adjustment
EHB- Essential Health Benefit
ERISA- Employee Retirement Income Security Act
FPL- Federal Poverty Level
FSA- Flexible Spending Account
FTE- Full-time Equivalent
HDHP- High Deductible Health Plan
HHS- Department of Health and Human Services
HSA- Health Savings Account
IRC- Internal Revenue Code
MAGI- Modified Adjusted Gross Income
MEWA- Multiple Employer Welfare Arrangement
MLR- Medical Loss Ratio
MSA- Medical Savings Account
NAIC- National Association of Insurance Commissioners
NIPR- National Insurance Producer Registry
SHOP- Small business Health OPtions
TPA- Third-Party Administrator
Below are some of the common questions, more specific questions and answers are contained in the body of the thread.
Mandate/Penalty
Q: How will it be determined/verified that one had coverage and complied with the mandate?
A: Insurers will be required to issue a form similar to a 1099 to each policyholder indicating the months that the person was insured. The forms will be attached to the 1040 filing as proof of coverage when the tax return is filed.
Q: Supposedly there is a 3 month grace period to the mandate on not being covered. What is to stop someone from getting coverage for a month and then dropping it for 3?
A: Section 1501(e)(4)(B)(iii) stipulates that if there is more than one "grace period" lapse in a calendar year only the first such lapse will be forgiven.
Q: What will be the penalty in 2016 when the phase-in is complete?
A: The penalty will be $695 per adult and $347.50 per child. The maximum penalty will be $2,085 per family or 2.5% of Modified Adjusted Gross Income (MAGI), whichever is greater. The penalty will be prorated monthly and any temporary lapse of less than 3 months will not be counted. After 2016 the penalty will have an inflation peg and will increase in increments of $50.
Q: What is the exclusion from the mandate for "affordability"?
A: If the least expensive plan offered by your employer, after your employer's subsidy, is more than 9.5% of your MAGI then you may opt out of your employer's plan(s) and be eligible for the individual exchange. Once you are eligible for the exchange if the least expensive plan offered on the exchange, after government subsidy, is more than 8% of your MAGI then you are exempt from the mandate.
Q: Will those on Medicare be required to sign up for part B, C or D in order to comply with the mandate?
A: Per Section 1501(f)(1)(A)(i) only Medicare Part A will be required to meet the Minimum Essential Coverage (mandate).
Q: Do people earning below the poverty level have to purchase insurance or pay a tax penalty?
A: Yes, they are subject to the mandate but there is probably not a plausible scenario where they cannot fulfill the mandate except by choice.
Q: Do employers incur penalties for not offering insurance?
A: If the employer has <25 employees and the average wage is <$50,000 then the employer receives a tax credit to offer insurance on the SHOP Exchange.
If the employer has <50 employees the employer is exempt from the ACA mandate.
If the employer has 50+ employees, does not offer coverage, and none of its employees are eligible for a federal subsidy it incurs no penalty.
If the employer has 50+ employees, does not offer coverage, and at least one employee is eligible for a federal subsidy it incurs a penalty of $2,000 per FTE employee for every FTE employee above 30.
If the employer has 50+ employees, offers coverage, and the coverage does not pay at least 60% of the costs for a typical population it incurs a penalty of $3,000 per FTE employee for every FTE employee above 30.
If the employer has 50+ employees, offers coverage, the coverage pays at least 60% of the costs for a typical population but at least one employee fails the 9.5% affordability test the employer incurs a penalty of $3,000 per FTE employee failing the 9.5% affordability test for every FTE employee failing the 9.5% affordability test above 30.
Q: Can an employer avoid the mandate by breaking up into smaller companies, each with fewer than 50 employees?
A: No, the ACA contains common control provisions which extend beyond the legal liability of a company. So long as one individual, or group of individuals, owns multiple companies they are considered one for ACA purposes even if otherwise unrelated.
Subsidy
Q: What will the subsidy calculation look like?
A: A family below 133% of the Federal Poverty Line will pay not more than 2% of their income on the second-lowest price Silver plan. Once income exceeds 133% of the FPL the subsidy decreases to not more than 3% of income. From 133% of FPL to 300% of FPL a sliding scale is applied with the subsidy decreasing to not more than 9.5% of income at 300% of FPL. The subsidy of not more than 9.5% of income is flat up to 400% of FPL, where it disappears completely.
Q: If you work for an exempted company and buy a subsidized plan on the exchange for your family will your employer still be billed for the subsidy?
A: The subsidy is only charged back to the employer when the employer is required to provide adequate and affordable coverage and fails to do so. If the employer is exempt from the requirement, say by having fewer than 50 employees, then they are not charged for the federal subsidy costs.
Q: The ACA gives subsidies to certain people (by income) who purchase insurance on an exchange. Where will that subsidy money come from?
A: From a technical perspective, the subsidies are funded by a combination of direct taxation, indirect taxation, and diverted tax cuts.
Q: What guarantee do we have that Congress will maintain proper funding for these subsidies in the next 5 to 10 years?
A: The "subsidies" are not actually subsidies but instead tax credits and they don't have to be "paid for" in the traditional sense; they are paid for through reduced tax revenue. So long as the law remains as it is now Congress cannot "de-fund" the payments any more than they could refuse to pay a legally obtained tax refund.
Coverage
Q: What are Essential Health Benefits?
A: They are specific categories of health insurance benefits.
Q: How many Essential Health Benefit categories are there?
A: There are ten Essential Health Benefits mentioned in the Affordable Care Act.
Q: What are the Essential Health Benefit categories?
A:
• Ambulatory patient services;
• Emergency services;
• Hospitalization;
• Maternity and newborn care;
• Mental health and substance abuse disorder services;
• Prescription drugs;
• Rehabilitation and Habilitation;
• Laboratory services;
• Preventive and wellness services; and
• Pediatric services
Q: What are ambulatory patient services?
A: Ambulatory patient services are probably better known as “outpatient” services.
Q: I understand what rehabilitation is, but what is habilitation?
A: If you think of rehabilitation as re-learning how to do something, such as re-learning to walk after knee surgery, then habilitation is learning how to do something for the first time, such as overcoming a speech impediment.
Q: Why are Essential Health Benefits important?
A: There are two main reasons:
1. The Affordable Care Act requires most individual health insurance policies and most health insurance policies offered by small employers to cover the Essential Health Benefits; and
2. The Essential Health Benefits cannot have annual or lifetime dollar limits attached to them.
Q: How are the Essential Health Benefits chosen?
A: Your state will choose one “benchmark” insurance plan from ten choices and that benchmark plan will set the Essential Health Benefits for the State.
Q: What about all of the benefits that are not Essential Health Benefits, like chiropractic care?
A: If the benchmark plan selected has other benefits on top of the Essential Health Benefits, those additional benefits will become Essential and must be included by many plans.
Q: Wait, so you’re going to dictate what insurance plan I have to have?
A: No. The benchmark plan will set the minimum insurance benefits that many insurance plans will have to offer but you will still be free to shop for insurance from any licensed insurance company you wish.
Q: But you’re going to set my deductible, copayment, and coinsurance, right?
A: No. Your deductible, copayment, and coinsurance (collectively called “cost sharing”
Q: You said there are no annual or lifetime dollar limits for Essential Health Benefits but you did not say anything about visit limits. What’s the deal?
A: Insurance plans will be able to have visit limits on Essential Health Benefits but the limit cannot be lower than the limit in the benchmark plan.
Q: So what insurance plans will have to offer the Essential Health Benefits?
A: All non-grandfathered individual and small group insurance plans must offer the Essential Health Benefits.
A small group insurance plan is typically offered through an employer and covers 2-50 people. A grandfathered plan is an insurance plan that existed on or before March 23, 2010 and that has not significantly cut benefits or increased costs.
Q: I have insurance through my employer, which has more than 50 employees. Does this mean that I’m not eligible for the Essential Health Benefits?
A: No. If you have insurance through a plan with more than 50 participants or a plan which is self-funded then your insurance does not have to provide all 10 Essential Health Benefit categories. However, if your insurance does provide an Essential Health Benefit category, the benefits in that category cannot have annual or lifetime dollar limits.
Q: So what does this all mean?
A: Let’s use an example. Pretend that we have three health insurance plans, Plan 1, Plan 2, and Plan 3. All three plans cover physical therapy after a knee surgery. Plan 1 offers 20 physical therapy visits per year, Plan 2 offers 60 physical therapy visits per year, and Plan 3 offers unlimited physical therapy visits per year.
If Plan 1 is selected as the benchmark then physical therapy with a 20 visit maximum becomes an Essential Health Benefit. Plan 2 and Plan 3 do not have to change since their visit maximums are both greater than 20.
If Plan 2 is selected as the benchmark then physical therapy with a 60 visit maximum becomes an Essential health Benefit. Plan 1 will have to increase its visit limit from 20 to 60 and Plan 3 will not have to change.
If Plan 3 is selected as the benchmark then physical therapy with no visit limit becomes an Essential Health Benefit. Both Plan 1 and Plan 2 will have to eliminate their visit limits.
Q: Why doesn’t my state just choose the plan with the best benefits as the benchmark?
A: Better insurance coverage is more expensive; we must balance the benefits chosen against the cost to you. Also, not every plan may cover the same items. One plan may have the best benefit in one category and the worst benefit in another category, so the selection must be carefully weighed.
Q: Are dental and vision coverages part of the ACA?
A: Dental and vision are contemplated by the ACA but the rules are not finalized. We do know that pediatric dental will be required under the ACA but we do not know if it will be considered an Essential Health Benefit. Outside of that we do not know if pediatric vision or adult dental and vision will be required or an EHB. It should be possible to purchase standalone dental and vision on the exchange, but again we don't have any preliminary rules for that yet.
Technical
Q: What affect does the ACA have for someone with a "Cadillac" plan?
A: The ACA defines a "Cadillac" plan as one with individual premiums in excess of $10,200 annually or family premiums in excess of $27,500 annually before the employer pays any portion. The ACA has enacted a funding provision which taxes these plans. The tax is 40% of the premium in excess of the "Cadillac" definition. If the "Cadillac" tax is trigger solely by the premiums then the tax must be paid by the insurance company. If the "Cadillac" tax is triggered by HSA/MSA contributions made by the employer then the tax must be paid by the employer. If the employer self-insures and uses a TPA to administer the plan then the tax must be paid by the TPA.
Q: What constitutes a "family plan" for the "Cadillac" tax? The selections have always been employee, employee+1, and employee+family so it is a bit confusing.
A: Under the ACA a "family plan" is considered anything other than a "self-only" plan. In other words, two or more people constitute a family, regardless of composition.
Q: Has the MLR calculation been finalized?
A: Yes, I believe it has been adopted from an interim final rule to a final rule.
Q: Are anti-fraud costs still excluded from the MLR calculation?
A: Yes, anti-fraud costs are not considered in the MLR calculation.
This is sticky-worthy. Making it a sticky.
Trolls - keep out or you (the troll) and your posts will be removed from this thread.
Administrator Idontcare
Last edited: