PPACA struggles to meet make-or-break deadline
Originally posted by David Morgan on https://www.reuters.com
(Reuters) - With time running out, U.S. officials are struggling to cope with the task of launching the new online health insurance exchanges at the heart of President Barack Obama's signature health reforms by an October 1 deadline.
The White House, and federal agencies including the Department of Health and Human Services (HHS) and the Internal Revenue Service (IRS), must ensure that working marketplaces open for enrollment in all 50 states in less than 80 days, and are responding to mounting pressure by concentrating on three essential areas that will determine whether the most critical phase of PPACA succeeds or fails.
"The administration right now is in a triage mode. Seriously, they do not have the resources to implement all of the provisions on time," Washington and Lee University professor Timothy Jost, a healthcare reform expert and advocate, told an oversight panel in the U.S. House of Representatives last week.
Current and former administration officials, independent experts andbusiness representatives say the three priorities are the creation of an online portal that will make it easy for consumers to compare insurance plans and enroll in coverage; the capacity to effectively process and deliver government subsidies that help consumers pay for the insurance; and retention of the law's individual mandate, which requires nearly all Americans to have health insurance when Obama's healthcare reform law comes into full force in 2014.
Measures deemed less essential, such as making larger employers provide health insurance to their full-time workers next year or face fines, and requiring exchanges to verify the health insurance and income status of applicants, have already been postponed or scaled back.
"The closer you get to the actual launch, the more you focus on what is essential versus what could be second-order issues," said a former administration official. "That concentrates the mind in a different kind of way, and that's what's happening here."
But the risk of failure in the form of major delays is palpable, given the administration's limited staff and financial resources, as well as the stubborn political opposition of Republicans, who have denied new money for the effort in Congress and prevented dozens of states from cooperating with initiatives that offer subsidized health coverage to millions of lower income uninsured people.
Any further delay could help Republicans make PPACA's troubles a focus of their campaign in next year's congressional midterm elections and in the 2016 presidential race.
HHS denies that its strategy has changed and insists that implementation continues to meet the milestones laid out by planners 18 months ago.
"All of the systems are exactly where we want them to be today. They will be ready to perform fully on October 1," said Mike Hash, director of the HHS Office of Health Reform.
White House officials acknowledge the approach of the open enrollment deadline has put a greater emphasis on priorities. They describe the strategy as a "smart, adaptive policy" and assert that delayed or scaled-back regulations demonstrate better policy decisions or flexibility with stakeholders, rather than a need to minimize distractions.
No Margin for Error
Advocates point out that the reform, formally titled the Patient Protection and Affordable Care Act and informally known as Obamacare, constitutes the most sweeping healthcare legislation since the creation of Medicare and Medicaid, large successful government programs for the elderly and the low income that also faced fierce political opposition when they were created in 1965. Both required years of work after their launch to refine implementation.
The administration has already delayed or scaled back at least half a dozen health reform measures since last year. These include regulations involving star quality ratings for insurance company plans, the choice of insurance plans for small-business employees and a requirement that state Medicaid agencies notify individuals of their eligibility for federal assistance.
Other efforts that could still be delayed include deadlines for some health insurers to get their plans certified by HHS as well as requirements for how the insurance exchanges provide customer service.
House Speaker John Boehner and other House Republican leaders, warning of a "train wreck", have called on Obama to defer an essential task: the individual mandate, which requires people to have insurance coverage in 2014 or face penalties that begin modestly, but rise sharply by 2016.
But experts say it is the other essential tasks - establishing the high-tech capabilities necessary to process government insurance subsidies and create online shopping and enrollment for consumers - that could be most vulnerable with such a compressed timetable.
"The biggest hurdle is to get the systems up and running," said one health insurance official. "Nothing's happened so far that prevents you from being up and running on October 1. But there's virtually no margin for error."
The administration is working according to an ambitious schedule for testing a technology hub and its ability to transfer consumer data on health coverage, income, tax credits and other topics between federal agencies, insurance companies and states. The hub is already exchanging data between the necessary agencies.
A report from Georgetown University's Center on Health Insurance Reforms says state-run exchanges are on track for a successful October 1 launch and have exceeded federal minimum requirements in some cases.
Failure to have adequate systems in place by September 4, when HHS is due to give insurers final notice about which health plans are qualified to be sold on 34 state exchanges run by the federal government, could delay open enrollment by days or weeks but still allow the law's core reform provisions to take effect on January 1, experts said.
Insurers will have several days in August to review plan data as it would be presented to prospective enrollees in side-by-side comparisons online. The administration also needs to test the system with a wider audience than the IT experts working on the exchanges to make sure they are consumer-friendly.
Michael Marchand, spokesman for Washington's Health Benefit Exchange, said the state's online marketplace had conducted frequent tests with the federal data hub, which had worked well so far. But any last-minute changes to the government's requirements to its operations could throw a wrench into the IT system, he said.
"If you start adding or removing lines of code it could bring the whole thing down," he said. "As you add or take away pieces, you have to re-test from the beginning."
(Additional reporting by Patrick Temple-West in Washington and Sharon Begley in New York; Editing by Michele Gershberg, Martin Howell)
DOMA decision raises as many questions as answers
Originally posted on July 5 by Brian Magargle on https://ebn.benefitnews.com
The Supreme Court that struck down a key provision of the Defense of Marriage Act and required the federal government to recognize same-sex marriage will have far-ranging implications for employee benefit plans.
In 1996, Congress enacted the DOMA, which defined marriage as "only a legal union between one man and one woman as husband and wife. . . ." Last week's decision declared that section of DOMA to be unconstitutional, so couples that have married in states that recognize same-sex marriage are now entitled to the same federal protections and privileges that come with traditional marriage, including in the employee benefits arena. Pending additional federal guidance, employers and their advisers should now begin considering these issues and the benefit administrative areas affected.
Factual background of U.S. v. Windsor
In 1963, Edith Windsor and Thea Spyer met in New York City and began a long-term relationship. They registered as domestic partners when New York City provided that right to same-sex couples in 1993. In 2007, they traveled to Canada to be lawfully married under Canadian law since Ms. Spyer's health was deteriorating, but they continued to reside in New York City. The State of New York deemed their marriage to be valid because of the city ordinance recognizing domestic partnerships.
Ms. Spyer died in 2009 and left her entire estate to Ms. Windsor. Because DOMA denied federal recognition to same-sex spouses, Ms. Windsor did not qualify for the marital exemption from the federal estate tax. Without that exemption, Ms. Windsor paid more than $360,000 in estate taxes. She then filed suit against the Internal Revenue Service for a full refund by challenging the federal definition of marriage in DOMA, and her case eventually landed in the Supreme Court this year.
The Supreme Court's reasoning
In reaching its 5-4 decision, the court first noted that the definition and regulation of marriage has historically been treated as a state, not federal, matter. Since DOMA is a federal law, it affected marriages in all states, including those states which have opted to recognize same-sex marriage. The effect in those states was that the marriages of same-sex couples were valid under state law but invalid for purposes of all federal laws.
The court found the definition of marriage in DOMA to be unconstitutional because it violated basic due process and equal protection principles applicable to the federal government. Writing for the majority and joined by Justices Breyer, Ginsburg, Kagan, and Sotomayor, Justice Anthony Kennedy said that "[t]he avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States. Were there any doubt of this far-reaching purpose, the title of Act confirms it: The Defense of Marriage."
Issues and challenges for employee benefit plans
The Windsor decision has an impact on the application of more than 1,000 federal laws, including laws that apply to the administration of employee benefit plans, such as certain sections of the Internal Revenue Code and the Employee Retirement Income Security Act of 1974. Benefit plans of all types are now faced with significant decisions about how the Windsordecision will affect the treatment of same-sex spouses. These decisions will be especially difficult because currently there are no regulations or guidance as to what is considered legally correct treatment of same-sex spouses.
In the states where same-sex marriage is recognized, decisions will be more straightforward because benefit plan administrators should be able to treat same-sex spouses the same as all other married couples. Same-sex marriage is currently recognized in Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington state and the District of Columbia. Also, as of last Friday, California again recognizes same-sex marriage after a surprisingly fast decision by the U.S. Court of Appeals for the Ninth Circuit permanently refusing to enforce the state's Proposition 8 gay marriage ban. So, in these states, we expect benefit plan administrators to have a relatively easy transition for covered same-sex spouses.
The real challenges arise in situations like the following: a same-sex couple gets legally married in a state that recognizes same-sex marriage but then moves to a state which does not. What then? These situations will be especially complex because the Supreme Court struck down only the definition of marriage in DOMA, which was Section 3 of the law.Section 2 was not at issue in or affected by the Windsor decision, and it says that no state "shall be required to give effect to any public act, record, or judicial proceeding of any other state … respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state … or a right or claim arising from such relationship." In other words, a state that does not recognize same-sex marriage is not required to recognize the legal marriage of a same-sex couple married in one of the jurisdictions listed above.
This tension between state laws for couples who move from one state to another will be felt by retirement plan administrators when determining beneficiary/survivor rights under 401(k) plans and other pension plans. Administrators for both self-funded and insured health plans will need to consider how to approach covering same-sex spouses as dependents of active employees, spousal COBRA obligations after a qualifying event, and structures of health flexible spending accounts. In addition, since health coverage for same-sex spouses is no longer a taxable benefit under the Internal Revenue Code, payroll taxes and withholdings will need to be reviewed and probably revised for same-sex couples.
Action points
Until guidance is issued in some form on the treatment of legally married same-sex spouses in other states where such marriages are not legal, employers and plan administrators should take a reasonable, good-faith approach applied on a consistent basis across all locations. Although it is impossible to know with any certainty, we expect that when the federal government does issue guidance, it will largely favor recognizing same-sex marriages for benefit plan purposes even in states in which such marriages are unlawful.
In any event, employers should start considering these issues now so that they will be as prepared as possible when employees ask questions or when an enrollment or benefits decision needs to be made for a same-sex couple. Once organizational decisions are made, then employers will need to review and possibly amend their plan documents and summary plan descriptions accordingly.
Constangy's ERISA/Employee Benefits Practice Group is continuing to study the Windsor decision and to monitor federal and state developments as they may affect the treatment of same-sex spouses under benefit plans. In the meantime, all employers and especially multi-state employers should begin discussing what issues they may be facing and identifying which plan administration areas will be affected by this major court decision.
Used with permission by Constangy, Brooks & Smith, LLP. Magargle is an attorney in the firm’s Columbia, S.C. office.
The firm has counseled employers on labor and employment law matters, exclusively, since 1946. A "Go To" Law Firm in Corporate Counsel and Fortune Magazine, it represents Fortune 500 corporations and small companies across the country. Its attorneys are consistently rated as top lawyers in their practice areas by sources such as Chambers USA, Martindale-Hubbell, and Top One Hundred Labor Attorneys in the United States, and the firm is top-ranked by the U.S. News & World Report/Best Lawyers Best Law Firms survey. More than 140 lawyers partner with clients to provide cost-effective legal services and sound preventive advice to enhance the employer-employee relationship. Offices are located in Alabama, California, Florida, Georgia, Illinois, Massachusetts, Missouri, New Jersey, North Carolina, South Carolina, Tennessee, Texas, Virginia and Wisconsin. For more information, visit www.constangy.com.
ACA subsidies reliant on ‘self-reporting’ with absence of employer mandate
Originally posted by Gillian Roberts on https://eba.benefitnews.com
Industry insiders are beginning to find holes in the Affordable Care Act employer mandate delay announced last week by the Obama administration and U.S. Department of Treasury. The biggest hole so far, say brokers and media alike, is self-reporting for subsidies.
Thom Mangan, CEO of United Benefit Advisers and EBA advisory board member, says he had one main question for the Treasury after the announcement: What about the people who were going to potentially be eligible for subsidies if their employer was not offering “affordable” coverage, as the ACA stipulates? That answer came Friday from the Obama Administration. “It’s crazy,” Mangan says. “It’s self-reporting … Employers don’t have a mandate to go and report if a person is eligible for subsidy. Some people will just apply and they may be at 400% of poverty level, they may be 50%, whatever they report is whatever goes through.”
The announcement, which Mangan says was expected from the Treasury, came in a 606-page document that not only answered his aforementioned question but made clear that all subsidy verification would rely on self-reporting until 2015. Mangan says he predicts there are going to be “plenty” of people who are not qualified for subsidies getting them anyway. “We’re in for an awful 2014, 2015 for the IRS trying to figure this out,” he says.
A Mercer statement Monday on the subsidy loophole nodded to even more potential confusion. “Public exchanges, which are slated to be operational in 2014, may still reach out to employers to verify applicant eligibility for health insurance,” the statement said.
“It will be state by state, and it’s just going to be part of your tax return,” Mangan says about the possibility of some states pursuing verification. “I just moved to Illinois and it was pretty simple in my W2 paperwork, there’s a box [asking if you have health insurance] that if you didn’t check it, you’re going to get flagged.” He caveated that Illinois is ahead of other states in preparing paperwork of this nature already. With some states verifying and others potentially not, the budget could get tricky.
Also contributing to new budgeting problems for the ACA is the missing funds from employer penalties in 2014. Despite the varying sources that say between 94% and 98% of employers already offer coverage, Mangan says there were definitely some businesses planning to pay the fine and not “play.” He explains: “There were still some employers in the high part-time or low-wage industries that never provided benefits. They have 300% annual turnover in the fast food industry … that was more of a logistical nightmare than providing health insurance.” In fact, the Congressional Budget Office had estimated that the penalties from employers would add up to approximately $10 billion in 2014.
“I’d say the CBO had it spot on in terms of what we won’t collect in the end,” Mangan says.
Meanwhile, business groups and insurance brokers and agents immediately celebrated the extra time allowed for employer shared responsibility reporting, un-burdening employers who do not currently offer coverage, or were considering making a change, from making a decision on whether they would pay or play until 2015.
Brian Kalish contributed to this report.
35 Things More Fun To Do Today Than Health Care Reform
Need a distraction to take your mind off the mayhem of Health Care Reform?
Have a little fun on us…courtesy of Google
35 THINGS MORE FUN TO DO TODAY THAN HEALTH CARE REFORM
Article brought to you by Saxon Financial Consulting
It seems that the changing landscape of Health Care Reform is never ending. Just when we think we have it all figured out we are dealt another change, shift, slide or bump.
Considering the punch that compliance fines will pack if you aren't in line with what you need to have done by the 2014 and 2015 deadlines, the topic of Health Care Reform & PPACA in general has been on everyone’s mind…. Relentlessly. With the small reprieve the government just passed down for employers, we thought we would share some fun for a change!
All kidding aside, we all know how important it is to stay updated on Health Care Reform and we don’t want you to worry or stress about trying to keep up with it all! We make it easy for you with our HCR Milestone Manager tool. The updates are free and straight from the experts. The updates are written in a way that is organized, actionable and simply makes sense! Get the bottom line on HCR delivered straight to your inbox by signing up today!
35 FUN GOOGLE SECRETS, PRANKS, TEASERS AND TRICKS
Google has long been known for its whimsical nature, and over the years has brought us engaging and thought provoking art simply by visiting the home search page of the industry giant. However, the fun doesn’t start there and, unless you start letting a bit of geek bleed through, you may not know about many of the secret surprises Google has built in for a daily amusement!
Whether it’s a short-lived ‘Let It Snow’ to bring the outdoors in, April Fool’s Day fun or hidden Easter Eggs (not the kind the bunny brings, but rather that of code which is a trigger to make hidden things happen by using a certain combination of keystrokes or actions) Google has never let us down.
So here is a list for you with links to see for yourself that is aimed to distract, detain, entertain and ultimately put a smile on your face when you least expect it! By the way, when your boss taps you on the shoulder and tells you to get back to work – blame it on Google, not this article!
Let’s have some fun!
1. Search Term: Askew (Careful, watching may cause the desire to lean)
2. Go to Google Homepage, Type in Chuck Norris and click I’m Feeling Lucky button
(depending on your search settings, this button will appear under the search bar, OR as you type a drop down list with suggestions will appear one of which will be something like Chuck Norris google. If you mouse over that the I’m Feeling Lucky links shows up to the right and you can click there).
3. Search Term: Google Gravity - In the same way as # 3 (using I’m feeling lucky)
4. See a bunch of the fun archived Google search pages here: https://elgoog.im including Mirror google, a personal favorite Terminal Google, Underwater Google (always the kids favorite), Musical Google (can you play the Harry Potter tune?), I See You Google, Google Snakes and Google PacMan
5. Search Term: recursion
(If you look too hard you might miss the laugh… Be sure to catch the Did You Mean: at the top of the search results.)
6. Gaze into the April Fool’s mentalplex by clicking https://www.google.com/mentalplex/
(Don’t miss the comedy within the page by clicking on the FAQ and illustrations links in the page)
7. Search Term: Google Pacman Doodle
(My personal favorite way to lose minutes and hours of productivity – Don’t forget to insert coin!)
8. Search Term: the answer to the ultimate question of life, the universe, and everything
(Think Hitchhiker’ Guide to the Galaxy)
9. Search Term: the loneliest number
(I said search – don’t sing)
10. Search Term: once in a blue moon
(this can be quantified, apparently)
11. Search Term: Atari Breakout then click Images
(or just search Google Images from the get-go)
12. Search Term: define anagram (check out the Did you mean: at top of search results)
13. Search term: do a barrel roll (and hang on!!!)
14. Search term: zerg rush (you better hurry up and find what you are looking for!)
15. Search term: bacon number *enter famous actor/actress name here*, ex. Bacon Number Kevin Bacon will return a result of “0” (think Six Degrees of Kevin Bacon…)
16. Using Google Voice (click microphone on search bar) and say: How much wood could a woodchuck chuck if a woodchuck could chuck wood
17. Using Google Maps search Legoland California, Legoland Drive, Carlsbad, CA, then zoom in and drag the Peg man onto the location (watch the Peg man change!)
18. Using Google Maps search Half Moon Island, Antarctica then drag peg man to blue location on island (watch the Peg man change)
19. Click here to search in the foreign languages of
Elmer Fudd: https://www.google.com/webhp?hl=xx-elmer,
a Pirate https://www.google.com/webhp?hl=xx-elmer,
Pig Latin https://www.google.com/webhp?hl=xx-piglatin,
Klingon https://www.google.com/webhp?hl=xx-klingon,
and a Hacker https://www.google.com/webhp?hl=xx-hacker
20. If one sets the iGoogle theme to the "Beach" option, then at 3:14 am every morning, the Loch Ness Monster surfaces for 1-minute, then at 3:15 dives back under. The reason for the timing of 3:14 is rumored to be a tribute to the number pi. Additional 3:14 eggs include the "Seasonal Scape" showing off the Northern Lights, the "City Scape" with UFOs, the "Spring Scape" with a monster, the "Sweet Dreams" with the stars aligning to the shape of the symbol pi, and the "Tea House" that has spirits in the mist.
21. Get all the secrets behind Google’s search results with Pigeon Rank: https://www.google.com/technology/pigeonrank.html
22. Drink the Google juice at Google Gulp https://www.google.com/googlegulp/
23. Check out Google’s prank on online dating services: Google Romance https://www.google.com/romance/ (by all means don’t forget the Tour, PR and FAQ!)
24. A little sarcasm goes a long way: Check out these links for Google Paper from 2007 –
Paper Index https://mail.google.com/mail/help/paper/index.html,
Announcement of Service https://mail.google.com/mail/help/paper/more.html,
Policies https://mail.google.com/mail/help/paper/policies.html
25. How’s your internet service in the toilet? Google provides a service for that… TiSP (Toilet Internet Service Provider) - Be sure to click around on all the different links – this one is loaded with laughs! https://www.google.com/tisp/
26. A going green ‘press release’ from Google Talk: https://googletalk.blogspot.com/2008/03/google-talk-goes-green.html
27. In coordination with Virgin Group – Google launched efforts to start a permanent human settlement on Mars:
Press release https://googleblog.blogspot.com/2008/04/announcing-project-virgle.html,
More about the project https://www.google.com/virgle/index.html,
Application page https://www.google.com/virgle/application.html,
and of course the ever famous FAQ https://www.google.com/virgle/faq.html
28. Google’s innovative take on Australian Football: https://www.google.com.au/intl/en/gball/
29. Explore Google earth’s 3D showcase: https://www.google.com/earth/explore/showcase/ (not just fun, but really cool actually)
30. Google voice’s STANDARD Voicemail mode: https://www.google.com/googlevoice/standard_voicemail.html (feeling a little nostalgic?)
31. Travelling with your pet and need to ensure translation is possible for them? Introducing Google Translate for Animals: https://www.google.co.uk/intl/en/landing/translateforanimals/
32. Announcement of Treasure Hunt on Google Maps: https://www.youtube.com/watch?v=_qFFHC0eIUc
33. Google Nose: Adding Smell to your Search: https://www.google.com/landing/nose/
34. The launch of Gmail Blue: https://mail.google.com/mail/help/intl/en/promos/blue/index.html
35. AND LAST BUT NOT LEAST: Here is an oldie but a goody blog post from Mashable that catalogs some of the infamously, hilarious ‘fake (or are they)’ product release videos: https://mashable.com/2011/04/01/april-fools/
Whew! Tired yet?
Seriously…. If you reached the bottom of this list you should REALLY go back to getting some work done! Be sure to share this fun list with friends and family – guaranteed Kid Approved!! We know we missed a few, but hopefully captured most of the best from the Google archive of fun and ensured you weren't thinking about what is going on with Health Care Reform for at least a little while.
Don’t forget, if you want to easily stay up-to-date with all the latest Health Care Reform news, updates and more, sign up for the HCR Milestone Manager tool. The updates are free and straight from the experts, and written in a way that is organized, actionable and simply makes sense! Get the bottom line on HCR delivered straight to your inbox by signing up today!
FAQ: What Workers And Employers Need To Know About The Postponed Employer Mandate
Originally posted by KHN Staff on https://www.kaiserhealthnews.org
Surprising both friends and foes of the health law, the Obama administration on Tuesday announced the delay of a key provision: the requirement that all but the smallest employers offer medical coverage or pay a fine.
Companies with at least 50 workers now have until 2015 to provide coverage if they don’t offer it already, giving them and Washington an extra year to work through the complex details of the legislation. The administration will deliver more guidance next week.
Meanwhile other parts of the law remain on track for implementation next year, according to officials. Here’s what the change means — and doesn’t mean — for workers and employers.
Q. The government has delayed the requirement for large employers to offer health plans. Am I still obligated to obtain coverage next year?
Yes. The requirement that individuals obtain health insurance or pay a penalty — which starts at $95 next year, or 1 percent of household income, whichever is higher, and rises to $695 or 2.5 percent of household income in 2016 — has not changed. But for workers whose employers delay plans to offer coverage, buying a health plan in the subsidized marketplaces known as exchanges might actually be a better deal than what they would have been offered.
Q. My employer already has a health plan. Does this increase chances the company will drop coverage next year?
A. Probably not. The large majority of employers provide insurance even without a government requirement — to recruit and retain good, healthy workers, analysts say. The administration’s decision doesn’t change that.
“For people whose employers already offer coverage, they’re doing it for a reason, and that reason still exists,” said Paul Ginsburg, president of the Center for Studying Health System Change.
Q: If my employer already offers insurance, will this decision mean my coverage will be less generous in 2014?
That’s unlikely. The law requires all employer-sponsored insurance to cover at least 60 percent of medical costs. Coverage that costs more than 9.5 percent of household income is deemed to be unaffordable and those workers may qualify for premium subsidies on the online health marketplaces – putting the employer at risk of incurring a federal penalty. In addition, employers that buy policies rather than self-insure must provide a minimum set of benefits.
Sandy Ageloff, a benefits consultant with Towers Watson, says the administration’s announcement appears to lift the threat of financial penalties for companies that don’t meet these thresholds in 2014, though “those finer points will come out in next week’s guidance” from the administration. It may be an academic point for most companies already offering insurance, because as Paul Fronstin of the Employee Benefit Research Institute notes, most existing employer policies already meet the law’s 2014 requirements.
Q. What kinds of companies are likely to delay offering insurance to employees?
A. Large employers with lower-wage or variable-hour workers such as retailers, farms, food processors, restaurant chains, casinos and hotels are most likely to delay offering or upgrading coverage, analysts say.
But even well-paying companies such as Wall Street banks might employ uninsured call-center workers whose coverage could be delayed, said Steve Wojcik, vice president of public policy at the National Business Group on Health, an employer group.
“This could be far-reaching into all kinds of companies that you might not think of,” he said.
Q. What does the delay of the employer mandate mean for lower-wage workers?
A. Many low-wage workers already are employed by firms that don’t offer coverage, and, absent a mandate, that may not change next year, says Sabrina Corlette of the Center on Health Insurance Reforms at Georgetown University. Workers who don’t get coverage through their jobs can enroll in an insurance plan through online marketplaces, or exchanges, set to open Oct. 1.
Uninsured people earning less than 400 percent of the federal poverty level, about $45,960 for an individual or $94,200 for a family of four, would be eligible for a sliding scale federal subsidy to help offset the premium cost.
The lowest wage workers – those earning up to about 200 percent of the poverty level – may actually be better off if their employer does not offer coverage and they go onto the exchange. That’s because the subsidies in that income range are larger, and coverage may actually be more affordable than that offered by an employer, particularly for family policies. Some of those workers may also qualify for Medicaid, particularly in the 23 states and the District of Columbia, which have expanded eligibility for the federal-state program. “This is going to be a boon” for some people, said Ginsburg.
Q. Will Tuesday’s announcement mean that more Americans will be eligible for subsidies to purchase coverage?
The Obama administration said its decisions won’t affect employees’ access to the premium tax credits. In fact, the delay in the employer mandate may result in more low-to-moderate income Americans seeking coverage – many of them eligible for federal assistance. So that could push up the amount the government is expected to pay out in premium and cost-sharing subsidies, which before Tuesday’s announcement wasestimated at about $23 billion next year.
Tracking who is eligible for such tax credits or subsidies may be more complex. The subsidies are available only to people who meet the income requirements and don’t have job-based coverage that meets minimum affordability and adequacy requirements. With the one-year delay for employers to report such coverage, “it would be impossible for Treasury to determine whether someone had access to affordable health insurance,” said Joseph Antos at the American Enterprise Institute. Proposed rules, expected to be finalized soon, allow people applying for subsidies through the new market to simply attest that they don’t have access to job-based coverage, said Timothy Jost, a law professor at Washington and Lee University, in an analysis on the website of policy journal Health Affairs.
The Obama administration also hopes that employers will voluntarily provide the information, starting next year, according to a post by Mark J. Mazur, assistant secretary for tax policy at Treasury.
KHN reporters Julie Appleby, Mary Agnes Carey, Jay Hancock and Jordan Rau contributed.
PPACA employer mandate delay: What now?
Originally published by Connie Cass, Ricardo Alonso-Zaldivar on https://www.lifehealthpro.com
The Obama administration is giving large employers an additional year before it will try to enforce a Patient Protection and Affordable Care Act (PPACA) provision requiring them to offer medical coverage to their workers or pay a fine.
What does the delay mean for workers? And struggling businesses?
Is the delay a significant setback for a law already beset by court challenges, repeal votes and a rush of deadlines for making health insurance available to nearly all Americans next year?
A few questions and answers:
Why the delay?
Businesses said they needed more time.
Obama administration officials say they listened to businesses that complained they needed to figure out how to comply with complicated new rules written since the plan became law. And the delay buys time for the government, as well, to improve and simplify the rules.
PPACA required employers with more than 50 employees working 30 or more hours a week to offer them suitable health coverage or pay a fine. What's changed is the deadline for that requirement, which was to begin in January. The new deadline is Jan. 1, 2015.
Who else benefits from the delay?
- Democratic candidates. The employer mandate was set to take effect at the start of a congressional election year, intensifying the focus on one of the Republicans' favorite campaign issues. Postponing the requirement should mean fewer ads featuring business owners saying they're drowning under health care mandates.
- Maybe Republicans, too. They get new ammunition for their argument that the law is an unworkable "train wreck." Voters' complaints and worries about the health law helped the GOP win control of the House in 2010.
- Some low-income workers. When the employer mandate does take effect, some smallish companies have threatened to lay off workers or cut back their hours to stay under the 50-employee threshold. There's debate about how many workers might be harmed by this.
- Some job hunters. Once the mandate kicks in, job-seekers may find fewer openings for unskilled workers. That's because some restaurants and other small companies say the mandate will force them to cut back on staff or freeze hiring. The economy is likely to continue improving, which will help offset the impact by increasing demand for workers.
Who loses?
- Uninsured people who already are confused about the law. The law doesn't change the January 2014 deadline for individuals to get insurance or the tax credits in the law to help them pay for it. But many people don't understand how the law works or when it takes effect, and the delay for the employer mandate may further muddle the issue for many.
- Some workers. Those whose employers might add insurance coverage to avoid the law's penalties will have to wait a year. But this group is expected to be small. The penalties are designed more to discourage businesses from dropping their existing health plans than to encourage them to start new ones. And these employees can buy their own insurance through the new health care exchanges being set up under the law.
What about me?
Most consumers won't be affected.
The vast majority of Americans already have insurance — even those working at companies that hover around the 50-employee level.
A Kaiser Family Foundation study found that 87 percent of companies that employed from 25 to 49 workers last year offered health coverage, and the percentage goes up for bigger businesses.
Consumers should not be affected by the delay if they already are insured through:
- A job at a large company that already offers insurance.
- A job at a small company employing fewer than 50 workers, because such companies are exempt from the rules.
- Medicaid or Medicare, not affected by the delay.
- A private insurance policy, also not affected.
Is this delay part of a downward spiral for PPACA implementers?
The delay adds to an appearance of disarray surrounding PPACA.
It comes after other glitches and angry opposition: Lawsuits reaching all the way to the Supreme Court. Protests by religious employers who say covering contraception is against their beliefs. Repeated votes by House Republicans to repeal "Obamacare."
But the postponement doesn't affect the heart of the law — the requirement that individuals get insurance, and the subsidies to help them pay for it. The Obama administration insists the rest of the law will keep rolling along.
Is the rest of the law on track?
Not for everyone.
A majority of the neediest people may remain uninsured. Medicaid changes in the health care law designed to help some 15 million low-income people are being rejected by many states with Republican leaders. That amounts to about half the people who were supposed to be helped by the law.
Last summer, the Supreme Court said states have the right to opt out of the law's Medicaid expansion.
Eighteen states aren't expanding their programs, including populous Texas and Florida. In nine other states, the outcome remains unclear.
Under the law, Medicaid is the only coverage option for people below the poverty line — $11,490 for an individual or $23,550 for a family of four. People this poor cannot get subsidized private coverage in the new health insurance markets.
The poor will be exempt from penalties for being uninsured, but they also won't get help with their health care.
Medicaid already covers more than 60 million people, including many elderly nursing home residents, severely disabled people of any age and many low-income children and their mothers.
PPACA Critics Pounce On Employer Mandate Delay
Originally published by Elizabeth D. Festa on https://www.propertycasualty360.com
The Obama administration announcement July 2 that it was going to delay implementation of the employer mandate of the Affordable Care Act (ACA) until 2015 has thrown into a tailspin expectations of the act’s requirements and revised expectations for other provisions of the Act.
Conservative politicians pounced.
House Energy and Commerce Committee Chairman Fred Upton (R-MI) stated that “the Administration's sudden turnabout is a clear admission that its signature law is bad for business and bad for jobs. This law will never be ready for prime time and sadly, the administration's acknowledgement that it still needs yet another year clearly disrupts everyone's ability to determine what is best for them and their business."
Regulators seemed a bit worried but were quick to come up with solutions--if they had one.
The California Department of Insurance pointed people toward the state-operated health insurance exchange, expected to go into operation Jan. 1, 2014.
“Employees whose employers do not provide health insurance will be able to purchase health insurance in California’s new health benefit exchange.” stated Commissioner Dave Jones. He noted that many will be eligible for a premium subsidy if they make less than 400 percent of the federal poverty level, which in California is about $94,000 for a family of four.
Jones also urged the Administration to “make sure that this provision can be implemented in 2015.”
Brokers say this delay will have tremendous consequences for the private marketplace.
“No doubt this is a huge capitulation by the Administration, consistent with getting ahead of the potential politics of a messy implementation,” stated Joel Wood of the Council of Insurance Agents & Brokers.
“Our members have mixed emotions about this. They’ve invested an astonishing amount of resources in running the pay-or-play scenarios for their clients and preparing for January. Those who haven’t prepared their clients will revel in the news, and conservatives will sense blood in the water. On the other hand, the mandate drives up the cost of labor; perhaps this is a modest mitigation,” Wood stated.
Health insurance representatives shook their collective heads, and wondered if another shoe would drop in the ACA implementation.
On June 19, the Government Accountability Office (GAO) issued a report entitled "Status of CMS Efforts to Establish Federally Facilitated Health Insurance Exchanges.
"The detailed 50-page report raises a red flag about whether the health insurance exchanges established by the Patient Protection and Affordable Care Act (PPACA) will be open for business on October 1, as the Act contemplates," stated a July 2 email alert from the American Health Lawyers Association.
The Report notes that many states, with both future federal partnership and state-operated exchanges, have not demonstrated that they will be able to carry out the necessary functions to run the exchanges or are behind on the timetables required to do so in a timely manner.
“Because the Act effectively requires the federal government to undertake whatever exchange functions states fail to carry out, the precise scope of what the federal government will need to accomplish in order to ensure that the exchanges are up and running is not yet clear and likely will remain something of a moving target until (and perhaps even after) the exchanges go live,” the AHLA stated.
For its part, the Administration is perhaps hearing from employee benefit groups that the paperwork is too complex and employers are not ready.
It said that said the delay is designed to meet two goals.
“First, it will allow us to consider ways to simplify the new reporting requirements consistent with the law,” said Mark J. Mazur, assistant secretary for tax policy at the U.S. Department of the Treasury, who first unveiled the new from he administration on a blog post on the Treasury site.
The Treasury's IRS would levy the tax penalty for companies that did not comply with the mandate, when it goes into effect. IRS officials have suggested that employers and their advisors should avoid using complicated strategies to try to minimize the number of workers who are eligible for group health benefits under PPACA. It did so back in late December in the preamble to draft regulations for implementing the "shared responsibility" parts of PPACA.
PPACA calls for employers with more than 50 full-time equivalent employees to provide a minimum level of health benefits for year-round employees who work more than 30 hours per week. Workers who do not offer the minimum level of coverage, or fail to ensure that the coverage meets affordability requirements, are supposed to pay penalties.
Mazur pointed to the Administration’s work to reduce and simplify its 21-page application for health insurance to three pages as an example of the effort it is giving the employer mandate reporting requirements.
“Second, it will provide time to adapt health coverage and reporting systems while employers are moving toward making health coverage affordable and accessible for their employees,” Mazur wrote.
Within the next week, the Administration is expected to publish formal guidance on its decision.
Workers with windows sleep more soundly
Originally posted by Dan Cook on https://www.benefitspro.com
"What light through yonder window breaks?” Romeo asks in the second act of Shakespeare’s “Romeo and Juliet.”
Perhaps it is the light of the glow of good health and the brightness of eye of the well-rested. At least, that’s what a recent survey suggests the legendary lover was referring to.
The research, presented last week at the annual meeting of the Associated Professional Sleep Societies, was based on a study of 49 day-shift windowed and windowless workers.
Those with windows got 173 percent more white light at work than non-windowed workers.
The well-lit employees slept 46 minutes more a night than those without windows.
Whether it’s the light, the rest, or a combination of both, the windowed workers were more physically active during the day and reported having a higher quality of life than their four-walls-surround-me peers.
They didn’t get as sleepy during the day (no, duh) and reported fewer “sleep disturbances” at night.
This window into the workplace was provided by doctoral candidate Ivy Cheung, in the interdepartmental neuroscience program at Northwestern University in Chicago.
Supreme Court rulings raise standards for proving discrimination at work
Originally posted by Judy Greenwald on https://www.businessinsurance.com
Employers scored two victories before the U.S. Supreme Court last week that legal experts say will enable them to more effectively defend themselves in employment lawsuits.
In its 5-4 ruling in Maetta Vance v. Ball State University et al., the high court narrowed the definition of supervisor for purposes of discrimination cases.
And plaintiffs will find it more difficult to prove retaliation after the high court's 5-4 ruling inUniversity of Texas Southwestern Medical Center v. Nassar.
In Vance, the court held that an employee is a supervisor for purposes of vicarious liability under Title VII of the Civil Rights Act of 1964 only if he or she has the power to make “tangible” employment actions against the victim, such as hiring or firing. The court said even if there is no tangible employment action, the employer may escape liability by establishing it exercised reasonable care to prevent and correct any harassing behavior.
The court said in cases when co-workers are inflicting psychological injury, employees may still prevail by showing the employer was negligent in permitting the harassment to occur. Its majority ruling criticized the Equal Employment Opportunity Commission's broader definition of supervisor as a “study in ambiguity.”
The ruling, which affirmed a decision by the 7th U.S. Circuit Court of Appeals in Chicago, said, “Under the definition of "supervisor” that we adopt today, the question of supervisor status, when contested, can very often be resolved as a matter of law before trial.
“The elimination of this issue from the trial will focus the efforts of the parties, who will be able to present their cases in a way that conforms to the framework that the jury will apply.”
The case involved an African-American food worker's allegations that she was the victim of racially based harassment by a white female whom she identified as a supervisor.
Bernard J. Bobber, a partner with Foley & Lardner L.L.P. in Milwaukee, who was not involved in the case, said the court accepted the 7th Circuit's definition of a supervisor and rejected the EEOC's definition, which employers do not like because the agency's definition “leaves lots of room for argument” about who is a supervisor.
“It's a good decision for employers” and “should provide some bright rules in those jurisdictions that aren't already required to follow that particular test,” said Steve A. Miller, a partner with Fisher & Phillips L.L.P. in Chicago, who was not involved in the case.
In its 5-4 ruling in Nassar, which involved a charge of discrimination and retaliation by a physician of Middle Eastern origin, the court held that a defendant is not liable for an action if he would have taken the same action anyway for other, nondiscriminatory reasons. It rejected the standard that requires a plaintiff to prove only that discrimination was a motivating factor for an adverse employment action.
Lessening the causation rules in cases of wrongful employer conduct prohibited by Title VII of the Civil Rights Act of 1964 could “contribute to the filing of frivolous claims, which would siphon resources from efforts by employer, administrative agencies and courts to combat workplace harassment,” said the majority opinion, reversing a decision by a panel of the 5th U.S. Circuit Court of Appeals in New Orleans.
“This case is a true watershed development in that it presents a dramatic shift in the court's approach to retaliation claims,” said Gregory Keating, a shareholder with Littler Mendelson P.C. in Boston.
The court's ruling has “adopted a very strict test” for establishing causation, unlike several other cases decided by the court in recent years that made retaliation easier to establish, said Mr. Keating, who was not involved in the case.
Russell Cawyer, a partner with Kelly Hart & Hallman L.L.P. in Fort Worth, Texas, said, while the ruling will not reduce the number of retaliation charges filed by plaintiff attorneys, defendants will be more successful in having these cases dismissed.
Official Press Release from DOT on Employer Mandate Delay
Originally posted by Mark J. Mazur on https://www.treasury.gov
Over the past several months, the Administration has been engaging in a dialogue with businesses - many of which already provide health coverage for their workers - about the new employer and insurer reporting requirements under the Affordable Care Act (ACA). We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively. We recognize that the vast majority of businesses that will need to do this reporting already provide health insurance to their workers, and we want to make sure it is easy for others to do so. We have listened to your feedback. And we are taking action.
The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin. This is designed to meet two goals. First, it will allow us to consider ways to simplify the new reporting requirements consistent with the law. Second, it will provide time to adapt health coverage and reporting systems while employers are moving toward making health coverage affordable and accessible for their employees. Within the next week, we will publish formal guidance describing this transition. Just like the Administration’s effort to turn the initial 21-page application for health insurance into a three-page application, we are working hard to adapt and to be flexible about reporting requirements as we implement the law.
Here is some additional detail. The ACA includes information reporting (under section 6055) by insurers, self-insuring employers, and other parties that provide health coverage. It also requires information reporting (under section 6056) by certain employers with respect to the health coverage offered to their full-time employees. We expect to publish proposed rules implementing these provisions this summer, after a dialogue with stakeholders - including those responsible employers that already provide their full-time work force with coverage far exceeding the minimum employer shared responsibility requirements - in an effort to minimize the reporting, consistent with effective implementation of the law.
Once these rules have been issued, the Administration will work with employers, insurers, and other reporting entities to strongly encourage them to voluntarily implement this information reporting in 2014, in preparation for the full application of the provisions in 2015. Real-world testing of reporting systems in 2014 will contribute to a smoother transition to full implementation in 2015.
We recognize that this transition relief will make it impractical to determine which employers owe shared responsibility payments (under section 4980H) for 2014. Accordingly, we are extending this transition relief to the employer shared responsibility payments. These payments will not apply for 2014. Any employer shared responsibility payments will not apply until 2015.
During this 2014 transition period, we strongly encourage employers to maintain or expand health coverage. Also, our actions today do not affect employees’ access to the premium tax credits available under the ACA (nor any other provision of the ACA).
Mark J. Mazur is the Assistant Secretary for Tax Policy at the U.S. Department of the Treasury.