Author Archives: Corp Strat

IRS Relaxes “Use It or Lose It” rules on Flexible Spending Accounts

November 1, 2014

The Internal Revenue Service is giving taxpayers more time to use their pre-tax medical spending accounts.

New rules put an end to the 30-year old “use it or

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lose it” restrictions on health-care flexible spending arrangements, allowing taxpayers to carry over up to $500 of unused balances to the following year. Employees can contribute up to $2,500 a year into the tax-deferred accounts and then use the money to cover qualified out-of-pocket medical expenses. “Today’s announcement is a step forward for hardworking Americans who wisely plan for health care expenses for the coming year,” Treasury Secretary Jacob

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Lew said in a statement.

Before Thursday’s change, plan participants would have to forfeit any cash they didn’t use by the end of the year. Some employees may have been hesitant to use the accounts out of fear that they might overestimate their medical expenses for the year and have to lose those savings.

Some plan sponsors will let taxpayers take advantage of the carryover option as early as this year. Some employers have been giving their workers a grace period of up to 2 ½ months the following year to use the rest of the funds but going forward they will only be able to allow a carryover or a grace period, not both, the Treasury Department said on Thursday

Obama administration knew millions could not keep their health insurance

Obama administration knew millions could not keep their health insurance
NBC News by Lisa Myers and Hannah Rappleye –

October 29, 2013:

President Obama repeatedly assured Americans that after the Affordable Care Act became law, people who liked their health insurance would be able to keep it. But millions of Americans are getting or are about to get cancellation letters for their health insurance under Obamacare, say experts, and the Obama administration has known that for at least three years.

Four sources deeply involved in the Affordable Care Act tell NBC News that 50 to 75 percent of the 14 million consumers who buy their insurance individually can expect to receive a “cancellation” letter or the equivalent over the next year because their existing policies don’t meet the standards mandated by the new health care law. One expert predicts that number could reach as high as 80 percent. And all say that many of those forced to buy pricier new policies will experience “sticker shock.”

None of this should come as a shock to the Obama administration. The law states that policies in effect as of March 23, 2010 will be “grandfathered,” meaning consumers can keep those policies even though they don’t meet requirements of the new health care law. But the Department of Health and Human Services then wrote regulations that narrowed that provision, by saying that if any part of a policy was significantly changed since that date — the deductible, co-pay, or benefits, for example — the policy would not be grandfathered.

Buried in Obamacare regulations from July 2010 is an estimate that because of normal turnover in the individual insurance market, “40 to 67 percent” of customers will not be able to keep their policy. And because many policies will have been changed since the key date, “the percentage of individual market policies losing grandfather status in a given year exceeds the 40 to 67 percent range.”

That means the administration knew that more than 40 to 67 percent of those in the individual market would not be able to keep their plans, even if they liked them.

Yet President Obama, who had promised in 2009, “if you like your health plan, you will be able to keep your health plan,” was still saying in 2012, “If [you] already have health insurance, you will keep your health insurance.”

“This says that when they made the promise, they knew half the people in this market outright couldn’t keep what they had and then they wrote the rules so that others couldn’t make it either,” said Robert Laszewski, of Health Policy and Strategy Associates, a consultant who works for health industry firms. Laszewski estimates that 80 percent of those in the individual market will not be able to keep their current policies and will have to buy insurance that meets requirements of the new law, which generally requires a richer package of benefits than most policies today.

The White House does not dispute that many in the individual market will lose their current coverage, but argues they will be offered better coverage in its place, and that many will get tax subsidies that would offset any increased costs.

“One of the main goals of the law is to ensure that people have insurance they can rely on – that doesn’t discriminate or charge more based on pre-existing conditions. The consumers who are getting notices are in plans that do not provide all these protections – but in the vast majority of cases, those same insurers will automatically shift their enrollees to a plan that provides new consumer protections and, for nearly half of individual market enrollees, discounts through premium tax credits,” said White House spokesperson Jessica Santillo.

“Nothing in the Affordable Care Act forces people out of their health plans: The law allows plans that covered people at the time the law was enacted to continue to offer that same coverage to the same enrollees – nothing has changed and that coverage can continue into 2014,” she said.

Individual insurance plans with low premiums often lack basic benefits, such as prescription drug coverage, or carry high deductibles and out-of-pocket costs. The Affordable Care Act requires all companies to offer more benefits, such as mental health care, and also bars companies from denying coverage for preexisting conditions.

Today, White House spokesman Jay Carney was asked about the president’s promise that consumers would be able to keep their health care. “What the president said and what everybody said all along is that there are going to Et eget Live Casino vil bety at det kun er den aktoren som bruker dette casinoet, mens hos en ekstern aktor vil det v?re snakk om at flere casinoer vil v?re pa samtidig. be changes brought about by the Affordable Care Act to create minimum standards of coverage, minimum services that every insurance plan has to provide,” Carney said. “So it”s true that there are existing healthcare plans on the individual market that don”t meet those minimum standards and therefore do not qualify for the Affordable Care Act.”

Other experts said that most consumers in the individual market will not be able to keep their policies. Nancy Thompson, senior vice president of CBIZ Benefits, which helps companies manage their employee benefits, says numbers in this market are hard to pin down, but that data from states and carriers suggests “anywhere from 50 to 75 percent” of individual policy holders will get cancellation letters. Kansas Insurance Commissioner Sandy Praeger, who chairs the health committee of the National Association of Insurance Commissioners, says that estimate is “probably about right.” She added that a few states are asking insurance companies to cancel and replace policies, rather than just amend them, to avoid confusion.

A spokesman for America”s Health Plans says there are no precise numbers on how many will receive cancellations letters or get notices that their current policies don’t meet ACA standards. In both cases, consumers will not be able to keep their current coverage.

Those getting the cancellation letters are often shocked and unhappy.

George Schwab, 62, of North Carolina, said he was “perfectly happy” with his plan from Blue Cross Blue Shield, which also insured his wife for a $228 monthly premium. But this past September, he was surprised to receive a letter saying his policy was no longer available. The “comparable” plan the insurance company offered him carried a $1,208 monthly premium and a $5,500 deductible.

And the best option he’s found on the exchange so far offered a 415 percent jump in premium, to $948 a month.

“The deductible is less,” he said, “But the plan doesn”t meet my needs. Its unaffordable.”

“I”m sitting here looking at this, thinking we ought to just pay the fine and just get insurance when we”re sick,” Schwab added. “Everybody”s worried about whether the website works or not, but that”s fixable. That”s just the tip of the iceberg. This stuff isn”t fixable.”

Heather Goldwater, 38, of South Carolina, is raising a new baby while running her own PR firm. She said she received a letter last July from Cigna, her insurance company, that said the company would no longer offer her individual plan, and promised to send a letter by October offering a comparable option. So far, she hasn”t received anything.

“I”m completely overwhelmed with a six-month-old and a business,” said Goldwater. “The last thing I can do is spend hours poring over a website that isn”t working, trying to wrap my head around this entire health care overhaul.”

Goldwater said she supports the new law and is grateful for provisions helping folks like her with pre-existing conditions, but she worries she won’t be able to afford the new insurance, which is expected to cost more because it has more benefits. “I”m jealous

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of people who have really good health insurance,” she said. “It”s people like me who are stuck in the middle who are going to get screwed.”

Richard Helgren, a Lansing, Mich., retiree, said he was “irate” when he received a letter informing him that his wife Amy”s $559 a month health plan was being changed because of the law. The plan the insurer offered raised his deductible from $0 to $2,500, and the company gave him 17 days to decide.

The higher costs spooked him and his wife, who have painstakingly planned for their retirement years. “Every dollar we didn”t plan for erodes our standard of living,” Helgren said.

Ulltimately, though Helgren opted not to shop through the ACA exchanges, he was able to apply for a good plan with a slightly lower premium through an insurance agent.

He said he never believed President Obama’s promise that people would be able to keep their current plans.

“I heard him only about a thousand times,” he said. “I didn”t believe him when he said it though because there was just no way that was going to happen. They wrote the regulations so strictly that none of the old polices can grandfather.”

For months, Laszewski has warned that some consumers will face sticker shock. He recently got his own notice that he and his wife cannot keep their current policy, which he described as one of the best, so-called “Cadillac” plans offered for 2013. Now, he said, the best comparable plan he found for 2014 has a smaller doctor network, larger out-of-pocket costs, and a 66 percent premium increase.

“Mr. President, I like the coverage I have,” Laszweski said. “It is the best health insurance policy you can buy.”

People Who Buy Own Health Policies Face Big Changes – NY Times

People Who Buy Own Health Policies Face Big Changes – NY Times Oct 29
Reed Abelson

As Washington and much of the rest of the nation debate whether President Obama misled Americans when he said that people who like their health plans may keep them, tens of millions of people are finding that their insurance is largely unchanged by the new health care law.

They are the estimated 149 million people who receive health insurance through an employer, according to the Kaiser Family Foundation. While the law has required adjustments to those plans and some prices could rise, generally people who keep their jobs may keep the same coverage. Some exceptions exist.

The story is different for the 10 million to 12 million people who buy insurance on their own. Rules for those policies have changed substantially for 2014.

Insurers are informing many of those people that their old plans have been discontinued and that they must choose new plans at new prices.

About half of those people may qualify for federal subsidies

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or Medicaid, according to a recent analysis from the Kaiser Family Foundation. But those who do not are often facing much higher premiums.

The coverage required under the federal health care law is much more generous than many of the plans that had been sold to individuals, and insurers are now pricing these policies to account for many of the older and sicker people they once could turn away but must now cover. Under the new rules, people with pre-existing conditions may not be denied coverage and there are limits on how much prices may vary for people of differing ages.

Some people may find a new policy less expensive than their previous one. That could be because the insurer charged a high premium based on their age or medical condition. That is no longer permitted. And others may have plans that are “grandfathered,” meaning they were in place in 2010 and can be renewed without significant changes.

At Florida Blue, for example, 300,000 people will be notified this year that their coverage is up for renewal, and they will have to select a new plan, either through the new state marketplace or directly with the insurer. Only about 60,000 will be allowed to renew their current policies because they are grandfathered. The rest must choose among the new plans offered by Florida Blue or another insurer.

“There’s always been a lot of churn in the individual market,” said Jon Urbanek, a senior executive at Florida Blue. As a result, most people will be told that they need to change policies when they would typically be asked to renew, he said. “We’re not terminating their coverage,” he said, but people will be asked to change their policies and pay whatever premiums are being charged for that particular plan. “They’re renewing into these qualified health plans.”

About 40,000 people have received letters informing them that their policies end in January, he said, but the bulk of people tend to

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renew later in the year.

As part of the law, certain benefits must be included in the new policies. For example, coverage must include maternal care.

While many people may find coverage in the current open enrollment period, which ends March 31, they can still get coverage when their current policy ends.

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The ObamaCare Awakening – Editorial on Individual Marketplace

The ObamaCare Awakening- Editorial 10/30/2013 – WSJ

Americans are losing their coverage by political design.

For all of the Affordable Care Act's technical problems, at least one part is working on schedule. The law is systematically dismantling the individual insurance market, as its architects intended from the start.

The millions of Americans who are receiving termination notices because their current coverage does not conform to Health and Human Services Department rules may not realize this is by design. Maybe they trusted President Obama's repeated falsehood that people who liked their health plans could keep them. But Americans should understand that this month's mass cancellation wave has been the President's political goal since 2008. Liberals believe they must destroy the market in order to save it.

Until this month, consumers who weren't insured through their jobs were allowed to buy insurance that provides the best value based on their own needs. One of every 10 private policies is sold through the individual market, covering about 7% of the U.S. population under age 65.

Some states have ruined this market through regulation and price controls, and in others costs can be high. But the individual market works well for millions of people, who can choose from many plans—from Cadillac coverage to cheaper protection against catastrophic illness.

The political problem for the White House is that these choices are a threat to ObamaCare. If too many people keep these policies instead of joining the government exchanges, ObamaCare could fail. HHS has thus reviewed the decisions of people in the individual market and found them wanting. HHS believes as a matter of political philosophy that everyone should have the same kind of insurance, and in the name of equity it wrote rules dictating the benefits that all plans must cover and how they must be financed.

In most cases these mandates are more comprehensive and thus more expensive than the status quo, but the ObamaCare refugees aren't merely facing higher costs. The plans they want and are willing to pay for have been intentionally outlawed. Ponder that one.

Liberals claim the new insurance should cost more because it's better, at least as defined by liberal paternalism. But the real reason they want policies to cost more is to drive as many people as possible out of this market and into the subsidized ObamaCare exchanges.

The exchanges need these customers to finance ObamaCare's balance sheet and stabilize its risk pools. On the exchanges, individuals earning more than $46,000 or a family of four above $94,000 don't qualify for subsidies and must buy overpriced insurance. If these middle-class ObamaCare losers can be forced into the exchanges, they become financiers of the new pay-as-you-go entitlement.

The political press corps is reporting this as a shocking discovery, and we suppose it is if you believed Mr. Obama's promises. NBC News even reports as a “scoop” that the White House knew all along that millions would lose their policies. But HHS's trail of purpose has been there for anyone willing to look.
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The text of the Affordable Care Act said that none of its language “shall be construed to require that an individual terminate coverage” that existed as of March 23, 2010, or the date the law was enacted. But as early as June 2010 HHS published a regulation reinterpreting this “Preservation of Right to Maintain Existing Coverage” to obviate that promise.

Even minor policy changes, such as increasing a copay by as little as $5, means that a plan cannot be renewed without rewriting it to obey all of ObamaCare's regulations. In HHS's “regulatory impact analysis” published in the Federal Register, the department estimated that between 40% and 67% wouldn't qualify as a permitted plan, and this was the point—to prevent such policies “from being bought and sold as a commodity in commercial transactions.” HHS knew that lightly regulated policies might be popular, especially compared to the restricted choices in the exchanges.

Next, HHS applied very prescriptive mandates to all plans, including

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those sold outside the exchanges. The law's 10 very broad categories of statutory benefits like hospitalization, prescription drugs or maternity care were construed so that 79.6% of current individual plans didn't meet the targets, according to HHS's own analysis. The rule even put floors under cost-sharing to prevent consumers from paying out of pocket.

HHS wrote that the purpose was to offer merely “a small number of meaningful choices.” Letting people make tradeoffs for themselves “would have allowed extremely wide variation across plans in the benefits offered” and “would not have assured consumers that they would have coverage for basic benefits.” Forced equity again trumped individual choice.

Hard to believe, but at the time liberals complained that this HHS “essential health benefits” rule wasn't restrictive enough. Pediatric services stop being required at age 19, not 21, and what about speech therapy, medical foods or lactation services?

Liberals needn't have worried. Once customers are herded into the exchanges, HHS has the power to further standardize benefits, further limit choices by barring certain insurers from selling through selective contracting, and generally police the insurers to behave like the government franchises they now are. The state-run exchanges in Vermont and the District of Columbia have already barred individual coverage outside their exchanges.

None of this is an accident. It is the deliberate result of the liberal demand that everyone have essentially the same coverage and that government must dictate what that coverage is and how much it costs. Such political control is the central nervous system of the Affordable Care Act, and it is why so many people can't keep the insurance they like.

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Maximum 60-Day Waiting Period Mandate Starts 1/1/14

Corporate Strategies Inc
Martin Levy, CLU/RHU
October 18, 2013

Starting January 1, 2014, the maximum waiting period for eligible employees in new or renewing California group plans is 60 calendar days. A waiting period is the amount of time an eligible employee has to wait before coverage starts.

This is for new or newly eligible employees and applies to all fully insured medical plans regardless of employer size.

The state mandate also includes a special rule about individuals in a waiting period greater than 60 days and prior to the renewal date. If the employee is subject to a waiting period that exceeds 60 days and is within 60 days of the group's renewal date, the employee must be given the

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opportunity to elect coverage no later than the group's renewal date.

Note that this mandate applies to all insurance policies issued in the state of California and to all California residents regardless of the state in which their insurance contract is issued.
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