Category Archives: California Employer Health Benefits

5 Employee Benefits Tax Strategies You Need to Know

Have you explored ways to re-engineer your Employee Benefits to maximize your dollar? If you’re spending after tax dollars to pay for medical expenses, you may not be maximizing your savings. Health benefit plans allow employers and employees to set aside funds, pretax, to help employees pay for qualified medical expenses. By combining a number of different tax strategies, we can help you find major savings for both your company and your employees.

1. Flexible Spending Account (FSA)

FSAs are more important than ever. They can reduce the amount of taxes an employee needs to pay and also help save the company money by reducing payroll taxes. A Flex Plan is a consumer-driven account that allows employees to use pre-tax money for eligible healthcare and dependent care expenses. Typically the funds in a flex plan are available during a 12-month enrollment period, however due to COVID-19 and its effects, this enrollment window has been extended, allowing employees additional time to use their FSA account balances. If you want to learn more about how COVID-19 has affected your FSA, reach out to us today.

2. Health Savings Account (HSA)

Similar to FSAs, HSAs sets aside funds into an account, pre-tax. However HSAs offer employees more flexibility and control—they can use, save, or invest the money in their account. Any unused money rolls over instead of disappearing and, because it belongs to employees not the employer, the HSA is portable and moves with the employee to their next job.

3. Medical Reimbursement

Did you know you can pay all out-of-pocket medical expenses using company deductible dollars? You may be able to claim a deduction if your total healthcare costs for the year are high enough. You can deduct your health insurance premiums—and other healthcare costs—if your expenses exceed 10% of your adjusted gross income. Owners may also qualify to write off their professional and business, out-of-pocket expenses using a discriminatory medical expense reimbursement plan. (Ask us how!)

4. Health Reimbursement Arrangement (HRA)

HRA plans are employer-funded medical reimbursement plans. The employer sets aside a specific amount of pre-tax dollars for employees to pay for health care expenses on an annual basis. Depending on how the plan is designed, HRAs can generate significant savings in overall health benefits.

5. Self-Insured Dental Expense Plan

A self-insured dental expense plan can “beat the heck” out of a fully-insured dental plan and here’s why: The fully insured plan offers employers peace of mind but they cost more and the rates increase every year. Self-funded plans on the other hand offer employers more control, increased transparency, and significant annual savings. Most plans have a firm cap on this liability per covered life and, assuming they don’t discriminate, can create an efficient employee benefit.

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These are just our top 5 hacks, but we have so many more strategies in our tool kit. To learn more about these tax strategies, schedule a FREE 30-minute consultation with an Employee Benefits experts or email us at marketing@www.corpstrat.com. We’ll see how we can rethink your benefits and save your company money.

CCPA and Its Effect on the Employment Relationship

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CCPA and the Employment Relationship

Since January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) has officially been in effect. In short, the CCPA imposes new privacy obligations on businesses that collect personal information of California consumers. But it doesn’t just stop at consumers. With the recent Attorney General-issued revisions, the CCPA applies to the employment relationship as well, including information related to employee benefit plans.

Here is a breakdown of how the CCPA affects the employment relationship.

CCPA and Employees

Under the CCPA, the definition of “consumer” is very broad, providing that any natural person who is a California resident is a “consumer”. Therefore, this broad definition extends to cover employees who are resident in California, no matter the fact that their relationship with the business is as an employee, and not a consumer.

Since the definition of “consumer” is very broad, so is the definition of “personal information.” However, the recent revisions by the Attorney General brought some clarity about what “personal information” constitutes: employment-related information is considered “personal information” under the CCPA. There is no exemption for employment-related personal information stored and maintained by an employer.

As such, similar to consumer information, the CCPA requires employees and applicants to be notified that their personal information is being collected.

Other noteworthy revisions from the Attorney General include:

An employer is not required to provide a link to an online privacy policy to employees and applicants as a method of notice; they can be notified through a paper form or via email.
An employer is allowed to provide a link to an online privacy policy tailored to employee and applicant data, rather than the general online privacy policy which deals with consumers as a whole.

Employment-related Information Under CCPA

The following common types of “employment-related” data are considered “personal information” (and protected) for purposes of the CCPA:

New hire/on-boarding paperwork, including resumes, employee applications (including Social Security Number, drivers’ license, mailing address), background checks, IRS Forms W-4 (withholding), etc.
Payroll information, including employee bank account numbers for direct deposit.
Credit card information provided in connection with expense reports.
Random drug testing paperwork and results.
Documentation of various types of leave, such as sick leave, vacation, paid time off, etc.
Employee benefit plans (to the extent not exempt from the CCPA).
Employee’s online activity on a work computer/system, such as browsing history and search history.

Data from Employee Benefit Plans

Data from employee benefits plans are covered—and protected—under the CCPA. Employee benefit plans collect and use personal information since plans require various types of personal information, such as name, address, Social Security Number, and insurance policy information.

However, certain benefit plans may have varying compliance obligations to the CCPA, especially if they are HIPAA-covered or ERISA-covered.

compliance obligations of certain benefit plans may be: (1) limited by the CCPA’s HIPAA exemption; and (2) potentially preempted by ERISA.

HIPAA Exemption

The CCPA does not apply to “protected health information” (PHI) of a group health plan that is subject to HIPAA or to other personal information protected in the same fashion as PHI. Employer-sponsored HIPAA-covered benefit plans typically include a major medical plan, dental, vision, health flexible spending account, and certain wellness or employee assistance programs. One thing to note is that some information collected by a benefit plan may be personal information under the CCPA, but not PHI under HIPAA, and there may be compliance obligations concerning that information.

ERISA Preemption

The CCPA does not specifically address how it applies to benefit plans not covered by HIPAA. For plans that are subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), there is a possibility that the CCPA could be preempted, or prevented, by ERISA. As such, ERISA-covered benefit plans that are not HIPAA-covered (such as 401(k) plans, long term disability, and AD&D) may be able to successfully argue that personal information collected and used is not subject to the requirements of the CCPA.

The Bottom Line

When dealing with the CCPA regarding employment, an employer should apply the same steps they apply to “personal information” from customers and other consumers to employee data and employee benefit plan data (that may be subject to the CCPA).

Reach out to CorpStrat to learn how we design and manage (compliant) employee benefits at competitive rates so your company can attract, reward, and retain your employees.

Get Ready for Year End Open Enrollment Season

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Young employee listening to his manager explain open enrollment options

This is the time of the year where companies of all sizes struggle to get quality employee engagement during Open Enrollment period.

Even with technology offering automated benefits management tools, the challenges still persist when it comes to making it easier for employees to sign up for the benefits that are the best for them and/or their families.

To challenge this disconnect, employers and their Human Resources administrators can follow these tips in creating more employee engagement for Open Enrollment season.

Keep the initial communications on Open Enrollment simple

The very first message regarding Open Enrollment should be short and simple. This is not the time to throw everything at them all at once with boatloads of information on the varying offerings Open Enrollment provides.

Provide them with a clear message of the importance of the upcoming Open Enrollment process, varying deadlines, contact information and any upcoming meetings you have planned.

Keep the language simple and clear on the documentation of your benefits packages.

When describing what each plan is and what is covered, make sure to use bullet points in highlighting key details and while comparing and contrasting the available offerings.

Use your means of communication methods

Be mindful of your employee’s different thoughts, feelings, problems and more regarding their offerings. Communicate the differences to them and work with them to recognize and use their preferred means of communication.

While some people prefer their communication method delivered via email, you may have others who need a hard copy brochure to get your message across. They even might need something tangible they can hold in their hands like a poster or flier to bring home to their families to discuss.

Whichever way your employees prefer to receive their Open Enrollment information, make sure to change up the look-and-feel. Try to keep it fresh and engaging with design and layout changes, even as the information stays pretty much the same throughout.

Create engaging messages around the individual and/or their families

Organizations who are successful with higher employee engagement rates during Open Enrollment do a great job of cutting out the noise by highlighting what’s the most important information for an individual and/or their families in the offerings they are choosing from.

For example, employers may dive deep into what the actual costs are for employees on high deductible health plans, or, they might highlight a new voluntary benefit—added to their offering package. Addressing key components that make the benefits so attractive to add with their traditional healthcare selections.

Promoting voluntary benefits to create employee engagement

In 2016, the cost of care hit over $10,000 per person. With more-and-more employers turning to High-Deductible Healthcare plans to help offset the rising costs of healthcare and to keep premiums lower, we are seeing more people struggle to find the coverage they need as a result.

Voluntary Benefits are extremely important for employers to offer because it gives their employees the power to prepare for the worst when it comes to their healthcare. Today, a traditional healthcare plan might not be enough to support a person or their family financially in the event they get really sick.

Above all, it’s important to stay organized, keep a tight schedule and when in doubt, remember the challenge is to communicate 10x better and more frequently to get your message past all the noise.

DNA Genetic Testing and Insurance: Can They Co-Exist?

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Genomics is transforming medicine, and slowly but inevitably will be reshaping insurance. It was only a matter of time…

The secrets once buried deep, hidden in the paired strands of DNA every person carries. The mysteries of the genome (an individual’s complete set of DNA) remained veiled when the Human Genome Project began, which was an international scientific research project with the goal of determining the sequence of nucleotides that made up the human DNA. Then in 2003, the international research project completed its mission, sequencing the genome.

This rapidly advancing science in forcing the insurance industry to navigate a multitude of actuarial, ethical, privacy and even reputational concerns.

The fundamental business models for life, disability, critical illness, and long-term care insurers could be at stake, given the growing existential threat of information as more people buy insurance, without disclosing their predisposition to certain diseases.

Genomics just may become the greatest disruptor to the insurance industry, the equivalent to global warming, or cybersecurity risks in the property/casualty space.

The sequencing of the human genome, DNA genetic testing (such as 23andMe), and genome editing are changing the way of how we are detecting diseases early on, treatment and even prevention through precision medicine. However, genetic testing companies are in line to influence everything from how insurance is underwritten and priced to how products are designed.

The Rise of DNA Testing

Take, 23andMe for example, which offers risk reports for multiple diseases, providing the public with intimate genetic information. Those who test positive to a serious predisposed illness could buy more coverage than they need and at an unpriced rate. And, those who test negative, could delay purchasing insurance coverage, or allow their policies to expire.

According to Nabholz, Swiss Re’s head of research and development, life and health “more than 12 million people have taken direct-to-consumer DNA tests, with almost 8 million of those tests occurring since 2016.”

“People who get a genetic test back that is unfavorable, of course, they’re going to seek to protect themselves and their family,” Nabholz goes on to say. “That’s a natural reaction.”

But, insurers will have to move cautiously. The science is relatively immature. The regulatory landscape remains uncertain with at least one state proposing a ban on using genetic information to underwrite life policies.

And then there is the matter of privacy, data ownership, and media coverage concern that would follow the rejection of applicants due to gene mutations or variants. The questions that are unanswered are as frequent as the questions yet asked.

One thing is certain: genetic testing will open doors to longevity, healthcare, prevention, and screening, and will ultimately lead to us leading healthier and longer lives.

Get Informed on Rising Health Care Costs

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Association Based Health Insurance – A Cure For Small Group?

Under the Affordable Care Act (ACA), employers that do not meet the 50 or more full-time or full-time equivalent employee threshold to be Applicable Large Employers (ALEs), are not required to offer health coverage. Nor do they face penalties. Not surprisingly, as a result, smaller businesses often do not offer coverage.

New regulations proposed by the U.S. Department of Labor (DOL) want to change that dynamic. And in a thriving economy, where unemployment means retention is key, health insurance is a key driver in employee acquisition and retention.

Up to 11 million Americans working for small businesses or who are sole proprietors and their families lack employer-sponsored insurance. The DOL hopes new rules on HOW healthcare plans are purchased will close the gap of uninsured Americans; without eliminating options available in the healthcare marketplace.

New Rules

The proposed regulations will allow small business health plans—known as Association Health Plans (AHP)—to expand under The Employee Retirement Income Security Act of 1974 (ERISA). This may allow the self-employed and other small businesses to band together to form their own associations for the purposes of providing healthcare coverage.

AHPs would be required to accept all applicants and could not deny individuals with pre-existing conditions or charge more for people who are sick. However, they could reduce prescription drug coverage and increase coverage in other categories to compensate for the reduction, the effect of which would be to increase costs for chronic care patients.

The employer members of these plans would need to be in the same trade, industry, line of business, profession, or to have their principal place of business in the same state, or, if in multiple states, in the same metropolitan area.

Under the current regulations, an AHP is considered a single plan only if the association has a purpose or function unrelated to offering healthcare benefits and the employer members have a common economic interest. So, few options exist and all have to comply with the ACA’s “essential benefit rules”.

The end result of these new rules, or so the thinking goes, is that this will make premiums more affordable. The trade-off is that these health insurance plans would be less extensive then what is usually required by health insurance plans offered by the current marketplace. Lots of review and legislation await the proposed offering of new association plans. However, they offer a glimmer of home to the problem of rising health insurance costs.