Tuesday, May 18, 2010

Small Business Health Insurance Credit

The Internal Revenue Service has come out with guidelines for small commercial and nonprofit employers that want to take advantage of a new health insurance tax break.  PPACA and a companion act, the Health Care and Education Reconciliation Act, are part of what federal agencies have dubbed the Affordable Care Act(ACA).  This year, the new ACA small business tax break will offer small employers a tax credit equal to at least half the cost of single coverage, if the employees earn average wages of less than $50,000 per year.  The tax credit is not available to ordinary government employers, but it is available to small businesses, small tax-exempt employers, and government-affiliated tax-exempt employers that can be described as section 501(c) organizations.  Here are some of the highlights of this provision:
  • Tax years 2010 to 2013, the maximum credit is 35% of premiums paid by eligible small business employers and 25% of premiums paid by eligible employers that are tax-exempt organizations.  
  • Employers with 10 or fewer FTE employees that pay annual average wages of $25,000 or less can qualify for the maximum credit.  
  • Employers with 10 to 25 FTE employees that pay annual wages of $50,000 or less can qualify for a smaller tax credit.
For the full review of this new IRS Section 45R and to see whether or not you qualify for this new tax credit CLICK HERE.  I highly recommend that you speak with your employee benefits broker/consultant for expert advise on what you're entitled to or if you're not currently working with a broker email me at bknauss@employeemployersolutions.com or visit me on the web at www.employeemployersolutions.com

Health Reform Timeline

The federal health care reform legislation, known as the Patient Protection and Affordable Care Act, signed by the President on March 23, 2010, and the Health Care and Education Reconciliation Act approved by Congress, signed by the President, will expand the availability of health care coverage to millions of Americans. While some of the measures will be implemented this year, many do not take effect until 2014 and some extend out to 2020. 

Below is a high-level overview of the time line.  It is important to note that many of these reforms and their effective dates are subject to the rules and regulations process both at the state and federal levels – which could alter the intended timing of implementation.

2010
New Programs:
 * Temporary retiree reinsurance program is established
* National risk pool is created, small business tax credit is established
* $250 rebate for Medicare members who reach the ”doughnut hole”

Insurance Reforms: 
* Prohibits lifetime benefit limits – based on dollar amounts
* Allows restricted annual limits on the dollar value of certain benefits
* Coverage rescission's/cancellations are prohibited (except for fraud or intentional misrepresentation)
* Cost-sharing obligations for preventive services are prohibited
* Dependent coverage up to age 26 is mandated
* Internal and external appeal processes must be established
* Pre-existing condition exclusions for dependent children (under 19 years of age) are prohibited
* New health plan disclosure and transparency requirements are created

2011
Insurance Reforms:
* Uniform coverage documents and standard definitions are developed
* Minimum medical loss ratios are mandated

Medicare Reforms:
* Medicare Advantage cost sharing limits effective
* Medicare beneficiaries who reach the doughnut hole will receive a 50% discount on brand name drugs
* A 10% Medicare bonus will be provided to primary care physicians and general surgeons practicing in under-served areas, such as inner cities and rural communities.
* Medicare Advantage plans would begin to have their payments frozen.

Other: 
* Employers are required to report the value of health care benefits on employees' W2 tax statements.
* Annual industry fee for pharmaceutical manufacturers of brand name drugs.
* Voluntary long term care insurance program would be made available to provide cash benefit for assisting disabled individuals to stay in their homes or cover nursing home costs. Benefits would start five years after people begin paying a fee for coverage.
* Funding for community health centers would be increased to provide care for many low income and uninsured people.

2012
* Hospitals, physicians, and payers would be encouraged to band together in "accountable care organizations."
* Hospitals with high rates of preventable re-admissions would face reduced Medicare payments.

2013
* Individuals making $200,000 a year or couples making $250,000 would have a higher Medicare payroll tax of 2.35% on earned income —up from the current 1.45%. A new tax of 3.8% on unearned income, such as dividends and interest, is also added.
* Medical expense contributions to flexible spending accounts (FSAs) limited to $2,500 a year—indexed for inflation. In addition, the thresholds for claiming itemized tax deduction for medical expenses rise from 7.5% to 10% of income.
* Medical device manufacturers would have a 2.9% sales tax on medical devices; devices such as eyeglasses, contact lenses, and hearing aids would be exempt.
* Eliminates deduction for expenses allocatable to Medicare Part D subsidy for employers who maintain prescription drug plans for their Medicare Part D eligible retirees. 

2014
Coverage Mandates and Subsidies:
* Individual and employer coverage responsibilities are effective. 
* Individual affordability tax credits are created and small business tax credits are expanded.

Health Insurance Exchange & Insurance Reforms:
* State individual and small group health insurance exchanges operational.
* Guaranteed issue, guaranteed renew-ability, modified community rating and minimum benefit standards (“essential benefits” plan) effective. 
* Lifetime and annual dollar limits are prohibited for essential benefits.
* Pre-existing condition exclusions are prohibited.

Taxes and  Fees: 
* Addition of new taxes on health insurers

Medicaid and Medicare Reform: 
* Medicaid expanded to cover low income individuals under age 65 up to 133% of the federal poverty level—about $28,300 for a family of four.
* Minimum medical loss ratio of 85% required for Medicare Advantage plans

2018
Taxes and Fees:
 * Tax (“Cadillac tax”) imposed on employer sponsored health insurance plans that offer policies with generous levels of coverage. 

2020
Medicare Reform: 
* Doughnut hole coverage gap in Medicare prescription benefit is fully phased out. Seniors continue to pay the standard 25% of their drug costs until they reach the threshold for Medicare catastrophic coverage.

Creating a Culture of Health and Wellness

I deal mainly with small-to-medium sized employer groups and every time I broach the subject of creating a company culture that promotes the health and wellness of their employees - I usually get the same response.  It goes something like this; "Are you kidding?  It's not good enough that I provide a good paying job with a great employee benefits program, now you want me to promote healthy lifestyles for my employees?  Forget it!"  Coincidentally, my response is always the same.  "As long as you [the employer] have a fiduciary responsibility for your companies health plan, meaning, it's your name on the plan and you're the one they ultimately look to for payment - then you have an incumbent responsibility to shield your company finance's against premium increases.  Think about it for a moment.  If the majority of your employees are living unhealthy lifestyles (ie. they're over-weight, they smoke, live sedentary lives) then you'll be bearing that burden in the form of higher health insurance premiums year after year.

It's not just higher premiums that become the negative outcome.  It's also the fact that unhealthy employees tend to be more unproductive than their healthy counterpart employees.  They have a higher absenteeism rate and they have a tendency to be less productive even when they're at work.  Ignoring a robust health and wellness component to complement your employer-sponsored health plan just doesn't make good business sense.

Here are some chilling facts:  

A recent analysis of data from the National Health and Nutrition Survey (NHANES), which is conducted regularly by the National Center for Health Statistics, warns that middle-aged individuals may be at greater health risk than anyone anticipated. In comparing the results of two large-scale studies of the U.S. population in 1988 to 1994 and in 2001 to 2006, the report shows that the number of people aged 40 to 74 adhering to healthy lifestyle habits has seriously declined.
  • The percentage of surveyed adults with a body mass index greater than 30 has increased from 28 percent to 36 percent *
  • Physical activity 12 times a month or more has decreased from 53 percent to 43 percent *
  • Eating five or more fruits and vegetables a day has decreased from 42 percent to 26 percent *
  • Moderate alcohol use has increased from 40 percent to 51 percent *
  • Smoking rates have not changed (26.9 percent to 26.1 percent) *  
*The Vitality Group " CREATING A NEXT-GENERATION HEALTH AND WELLNESS PROGRAM: Why employers should take the lead, and how to do it

While it's true that Americans are living longer today (life expectancy for males is 75 years and for females it's 80 years), it's also true that more Americans suffer from chronic and debilitating diseases such as diabetes, hyper-tension, acid reflux, heart disease, mostly stemming from too many Americans being obese.  In fact, it's estimated that obesity alone accounts for 147 billion dollars a year in health care related costs.  Now, I'm not an economist by any means but I can figure out that if we created a culture of health and wellness in this country that seeks to stem the negative affects of obesity, we wouldn't need the government to get involved with health care at all.

Business owners, maybe it's time to make some radical changes in your workplace like, don't just ban smoking in the building but eliminate the 35 smoke breaks that take place throughout the day.  After all, if I came to you with a request to go into the break room to eat something every 30 minutes you would probably
suggest that maybe this jobs not for me - and you would have every right to suggest that!  Studies have shown that it's well worth the investment with ROI's sometimes being $3.27 reduction in medical costs for every dollar spent on health and wellness, as well as, reducing absenteeism costs by $2.73 for every dollar spent. Just some healthy food for thought.

If you would like to learn more about how to cultivate a culture of health and wellness at your company; email me bknauss@employeemployersolutions.com or visit my website at www.employeemployersolutions.com  Don't forget to subscribe to my blog and follow me on twitter at: http://mployebenefits.com