Category Archives: Health Care Reform News

Cadillac Tax Repeal?

Tax money on top of insurance papers

There’s not much about Obamacare that Democrats and Republicans DO agree on. But getting rid of the Cadillac tax is one of the rare points of unity.

House lawmakers came together to repeal the provision that would have levied a tax on high-cost health insurance plans. The bill awaits the President’s signature, which is expected.

The Trump administration is continuing its quest to dismantle the entire Affordable Care Act, arguing last week in an appellate court alongside a coalition of Republican states who say the law is unconstitutional.

Congress is also looking to find bipartisan ways to lower drug prices and end surprise medical bills.

The Cadillac tax has been controversial since it was included in the Affordable Care Act in 2010 — so much so that Congress has delayed it on multiple occasions.

The provision would have levied a hefty 40% tax on the value of employer-provided health coverage above a certain cap — initially, projected to be $10,200 for individual coverage and $27,500 for family plans in 2018, when the tax was supposed to start. It is now set to begin in 2022.

The goal is to control the growth of health care spending: thinking that eliminating pricier benefit plans will curtail excess health care usage.

Employers and unions quickly banded together to fight it, fearing they’d have to curtail workers’ health benefits to avoid the tax. The battle has been won. The war continues.

 

2019 Labor & Employment Law Update for California Employers

california flag in from of state capital building

California Governor, Jerry Brown, recently signed into law several bills that will have a significant impact on California employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims.

These changes significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered boards of directors, and potentially require updating lactation accommodations.

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New 2019 Affordable Care Act Guidelines and Their Effects on Businesses

Magnifying glass over Affordable Care Act policy and business paperwork

Laws change all the time and it’s important for employers to stay up to date on employment-related news as they come along. The Affordable Care Act (ACA) has seen annual changes since it began nearly a decade ago. The new year 2019 is no different, especially since the tax reform act from 2017 featured a few ACA changes that take effect in 2019.

Companies must keep track of these changes in the ACA law or face fines, penalties or even worse. Here are a few major changes to look out for in relation to the Affordable Care Act in 2019:

Companies with 50+ full-time employees must offer affordable health coverage

Requiring that health coverage is offered to employees at large businesses has been a goal of the Affordable Care Act since the start. In 2018, the rule went into effect that requires companies with 50 or more full-time employees to at least have health care offered to them by their employer. This rule goes unchanged for 2019.

While affordable care must be offered, and the plans must be of high enough quality to fulfill the ACA’s coverage requirements, employees are not required to accept.

However, most employees do accept an offer of coverage, if for no other reason than to avoid the tax penalty for going without coverage. But that changes in 2019 as well.

The individual mandate for healthcare has been suspended

Up until now, if an individual did not carry ACA-approved healthcare, they would be charged an extra tax come April 15th. This included anyone who had coverage that did not qualify for ACA, as well as anyone who lacked coverage for any amount of time during the year.

However, in 2019, this mandate has ended. Now if an individual chooses to go without coverage, they will not be penalized for doing so. This could affect employers as they may see a decline in employee enrollment in the company’s group plans.

The health insurer tax is suspended again

The Health Insurer Tax is a fee placed on healthcare providers based on the premiums they brought in throughout the year. In 2017, the fee was suspended, but it was brought back in 2018. Now it is suspended again for 2019.

The hope is that the health insurance companies will be able to control the cost of premiums now that they do not have to pay this extra fee, which could lead to better rates for employers and employees.

The affordability threshold has risen to 9.86%

In order for there to be affordable care, there must be a definition of the term “Affordable”. According to the law, the lowest-cost self-only coverage option made available to employees cannot exceed 9.86 percent of an employee’s household income.

For example, plans that use the Federal Poverty Line for affordability can’t charge more than $99.75 per month to their employees who choose to sign up for a health plan.

These are the major changes that could have an impact on many businesses around the country. Be sure to consider how these changes will affect your organization when budgeting for the next year.

California Puts up a Fight Against Association Health Plans

employer researching health insurance plans

California Ban

California is the first state to legislatively ban some of its residents from taking advantage of a Trump administration rule that expanded access to small business health plans. No associations seem to be the key to this legislature.

The state now bans sole proprietors from joining what’s known as cheap, short-term health insurance plans (association health plans). The plans were recently expanded under a Labor Department regulation that allows more small businesses, including self-employed individuals and independent contractors, to band together and buy-in on health plans as a large group. So far, they have yet to make inroads across the country.

The move by California will mean real estate agents, and others who operate as sole proprietors, won’t be able to join association health plans. The National Association of REALTORS is a major supporter of the DOL’s expansion of the plans.

California is one of a dozen states that went to court to sue the Labor Department, though the case is still pending.

For those who have been hoping to form association health plans, this CA law comes as a blow. For employers, it means more of the same and no new options for care or insurance.

History of Fraud

California’s law comes in response to years of fraud and insolvency it experienced with similar plans known as multiple employer welfare arrangements that were around before enactment of the ACA. Between 2000 and 2002, those plans left 200,000 people throughout the U.S. without coverage and racked up $252 million in unpaid bills, according to a 2004 Government Accountability Office report.

The move to ban said plans are part of a broad effort, at the state level, to dull actions by the Trump administration to untangle the federal health care law after President Donald Trump and Congress failed last year to repeal and replace Obamacare.

Finding dominance in an evolving industry is never easy. What should you invest in to make sure you keep up to date with the competition but also find a competitive edge?

CorpStrat can provide an outside perspective to help companies assess their internal operations in Insurance, Employee Benefits, HR, and Payroll.

Contact us and we’ll be sure to get you on the right track and keep you up-to-date.

Soaring Prescription Drug Costs

woman reviewing soaring prescription drug costs

Riddle me this: What is $325 BILLION in size, nearly 2% of the GNP of USA, almost 10% of the total health expenditure of the USA, and growing at a rate of 6% a year? If you guessed prescription drug costs, you are right on the mark!

President Trump announced his plan to overhaul and address the spiraling and skyrocketing costs of prescription drugs, a problem that affects every consumer, young or old. While he stopped short of suggesting the government would regulate and negotiate directly with the industry, he did lay out a foundation that may bring some relief to consumers, in time.

The Costly Consequence

It’s a challenge to an industry that was overturned just 8 years ago, when the ACA mandated plan structure and eliminated plans that had narrow drug formularies, and limited consumer selection to generic drugs only.

The plan also stops short of seeking drastic changes to the health care industry that would more directly overhaul the costly path drugs take from development to Americans’ doorsteps.

Taken together, the administration’s strategy —which mixes new policy ideas with proposals already laid out in the White House’s 2019 budget request — reads as an ambitious attempt to alter a drug development and distribution system that both Republicans and Democrats have derided as too expensive and burdensome for patients.

While everyone on both sides of the political spectrum agree that the costs of drugs and the high-cost impact to the healthcare system is a problem, there is no consensus on “how” to address this problem and this plan leaves much room for clarity.

Public attention to pharmaceutical costs has risen in recent years, spurred by the steep price hikes some manufacturers have imposed for crucial drugs. In one of the highest-profile cases, Turing Pharmaceuticals hiked the price of its lifesaving drug, Daraprim by more than 5,000 percent in 2015 to $750. The company’s founder, Martin Shkreli, ultimately landed in jail on unrelated security fraud.

No More Modest Monthly Copays For Pricey Drugs

Under the copay accumulator programs introduced by some health plans in 2018, accumulator programs target specialty prescription drugs, which a manufacturer provides copayment assistance for. Accumulators shift a majority of drug costs on consumers and manufacturers.

Unlike conventional benefit plans, the manufacturer’s payments no longer count toward a patient’s deductible or out-of-pocket maximum. In turn, this will discourage the appropriate utilization of specialty treatmentsand many consumers won’t understand their new “benefit” plan.

Until market prices come down, consumers need to continue to be vigilant in purchasing, ask for lower cost alternatives, seek out discount programs, consider non-pharmaceutical approaches to their health, and work with their physicians / seek guidance on the most efficient way to obtain their drugs.

We understand that navigating the changes in health care can be challenging. CorpStrat will keep you appraised as the clarity of reform becomes available. Stay tuned…