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The 12 Health Care
Reform Questions Every
Employer Needs to Know




   CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com   2
Introduction:
The Unknown
With over 2500 pages and some 450 provisions, the Patient
Protection and Affordable Care Act (otherwise known as
Health Care Reform) is one of the most complex pieces of
legislation ever signed into law. The Act touches every
sector – from individual citizens, to small businesses, to
large corporations, to the Federal government itself.


With numerous unanswered
questions, employers are
understandably overwhelmed:

•   What laws apply to them?
•   What do they need to do?
•   How will it impact their bottom line?
•   How can they prepare for the
    impending legislation?

In this report, we discuss twelve
important Health Care Reform questions,
with simple, easy-to-understand
answers, explaining their impact on
small employers.




                                                                 3
        CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




    Each state is charged with establishing, as a governmental agency or
    nonprofit entity, an American Health Benefit Exchange. These
    Exchanges have two functions:

    1. To facilitate the purchase of qualified health plans
    2. To provide for the establishment of a Small Business Health
       Options Program (referred to as a “SHOP Exchange”). A SHOP
       Exchange will assist employers in enrolling employees in small
       group qualified health benefits plans. States may establish a
       single Exchange that performs both functions, or create separate
       Exchanges.

    Grants will be made available to states by the Department of Health
    and Human Services (HHS) for planning and establishing an
    Exchange. However, by 2015, Exchanges must be self-sustaining and
    may generate revenue through assessments or fees. The HHS will
    also provide technical assistance to states on facilitating participation
    of small employers in SHOP exchanges.

    If a state chooses not to establish an exchange, the Federal
    government will set up federal health insurance exchanges.
                          CPEhr | 9000 Sunset Blvd. LA,
                                                                            4
                          CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




  An employer who offers minimum essential coverage and
  pays any portion of the premium will be required to provide
  free choice vouchers to each qualified employee. A qualified
  employee is defined as an employee:

  •   Whose required contribution to the employer plan, for
      self-only coverage, is greater than 8% and less than 9.8%
      of the employee’s household income for the taxable year
  •   Whose household income is not greater than 400% of the
      FPL for the relevant family size
  •   Who does not participate in the plan offered by the
      employer.

  The voucher will be equal to the monthly amount that the
  employer would have contributed toward the plan. The
  employer pays the largest portion of plan costs, for either the
  employee or, if elected by the employee, family coverage.



                        CPEhr | 9000 Sunset Blvd. LA,
                                                                    5
                        CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




An Exchange will credit the
amount of a voucher to the
monthly premium of an
exchange plan in which the
qualified employee is enrolled,
and the employer will pay the
exchange the credited amount.
If the amount of the voucher
exceeds the premium, the
excess will be paid to the
employee.

An individual receiving a free
choice voucher will not be
eligible for the exchange
premium credits or cost-sharing
subsidies. No penalty will be
imposed on an employer with
respect to any employee who is
provided with a voucher.

                       CPEhr | 9000 Sunset Blvd. LA,
                                                               6
                       CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




Beginning in 2014, an employer
with 50 or more full-time
equivalent employees during
the preceding calendar year, will
be penalized if any of their full-
time employees are not offered
coverage (and obtains a
premium credit through the
exchange). PPACA provides a
formula to help employers
                                           Example:
calculate full-time equivalent,             An employer with 80
according to its definition (see            employees will be
question #6 below). In 2014, the            subject to a penalty of
monthly penalty per employee                $8333 per month
will be equal to the number of              (80-30 = 50 X $166.66).
full-time employees, minus 30,              After 2014, the penalty
multiplied by $166.66 ($2,000               payment amount would
per year, divided by 12) for any            be indexed by the
applicable month.                           premium adjustment
                                            percentage for the
The amount of the penalty will              calendar year.
increase in subsequent years.

                       CPEhr | 9000 Sunset Blvd. LA,
                                                                  7
                       CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know



                                       Even in some circumstances,
                                       employers with 50 or more
                                       full-time equivalent
                                       employees that offer
                                       insurance may still be subject
                                       to a penalty.

                                       This applies when the
                                       employer’s plan does not
                                       meet PPACA’s definition of
                                       “affordable” (see question #8
Even in some                           below), or if the employer’s
                                       plan pays for less than 60% of
circumstances,                         the covered expenses. If an
employers with                         eligible employee then obtains
50 or more full-                       a premium credit in an
                                       exchange plan, the employer
time employees                         is subject to a penalty.
that offer
insurance may
still be subject
to a penalty.


                     CPEhr | 9000 Sunset Blvd. LA,
                                                                    8
                     CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




 Beginning in 2014, PPACA requires individuals to maintain
 health insurance, with some exceptions. Most individuals will
 be required to maintain minimum essential coverage. Those
 who do not comply, and who are not exempt, will be required
 to pay a penalty per individual and tax dependent equal to the
 greater of the following:


 $95 or 1.0% of adjusted income in 2014

 $325 or 2.0% of adjusted income in 2015

 $695 or 2.5% of adjusted income in 2016




                                                                   9
         2014                    2015                   2016
The 12 Health Care Reform Questions Every Employer Needs to Know


                                     The new federal definition
                                     sets the standard of a full-
                                     time equivalent at 30 or
                                     more hours of actual time
                                     worked during a typical
                                     week, average over the
                                     month. It is based on the
                                     prior 12 months, which will
                                     be the 2013 year. Seasonal
                                     employees working less
                                     than 120 days during the
  Example:
                                     prior year are excluded.
                                     Additionally, the law takes
  A company employs 35 full-
                                     the hours worked by part-
  time workers (working on
                                     time employees into the
  aver-age of more than 30
                                     calculation when
  hours per week) and 20 part-
                                     considering the number of
  timers (working on average
                                     full time employees.
  24 hours per week, or 96
  hours per month).

  These 20 PTE are the
  equivalent of 16 FTE. (20 x 96
  / 120 = 16). So for calculation
  purposes, this employer has
  35 + 16= 51 full-time
  equivalents.
                                                               10
The 12 Health Care Reform Questions Every Employer Needs to Know




Each employer should begin
collecting the necessary information to determine
if they have 50 or more full time equivalent (FTE)
employees. If an employer has fewer than 50 full time
employees, the law does not require the employer to offer
coverage.

If the employer has 50 or more FTE’s then there are several
parts of PPACA that need to be evaluated to determine the
impact to the employer. It is recommended
to consult with a
professional
familiar with the
law and its
implications to
the business.

                                                               11
The 12 Health Care Reform Questions Every Employer Needs to Know




                               Affordable coverage means the plan
                               has an actuarial value of at least 60%
                               of required health care covered
                               expenses and the employee cost is
                               less than 9.5% of household income.




The PPACA imposes a 40 percent
excise tax on “Cadillac” health
insurance plans. This new tax will
apply to health plans valued in
excess of $10,200 for individuals
and $27,500 for families. Those
thresholds will grow annually by
inflation plus 1 percent. The tax
takes effect in 2018 and is
projected to raise $32 billion by
2019.
                       CPEhr | 9000 Sunset Blvd. LA,
                                                                   12
                       CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




                                  Yes, PPACA requires small
                                  group plans limit deductibles
                                  to $2,000 per individual and
                                  $4,000 per family. These
                                  amounts will be indexed to
                                  health care premium inflation.




                                                       VISUAL




                            This is not clear at this time.
                            COBRA may no longer be needed
                            if individuals have access to
                            coverage through the state
                            exchanges. However, if the state
                            exchanges are higher cost the
                            employee may elect COBRA.

                     CPEhr | 9000 Sunset Blvd. LA,
                                                                   13
                     CA 90069 | www.cpehr.com
The 12 Health Care Reform Questions Every Employer Needs to Know




                                               The individual would
                                               likely be eligible for
                                               premium subsides or
                                               the expanded
                                               eligibility for
                                               Medicaid.



 What Now? 5 Steps Employers Should
         Take to Prepare:
1.   Review the decision with a professional to determine
     how the law will affect your business.
2.   Assess the strategic impact of continuing or dropping
     health benefits
3.   If you currently offer insurance, determine whether
     to retain “grandfathered” status if you decide to
     continue offering a health plan.
4.   Determine if your existing plan meets qualifying
     standards for eligibility and affordability.
5.   Calculate the true costs of either offering or not
     offering health coverage after 2013.
                                                   Source: Business Management Daily
                                                                                 14
           CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com
CPEhr:
A Leader in Managing Employer
Health Care Plans
CPEhr, working in close
communication with our brokers and
health care advisers, has invested
hundreds of hours studying and
analyzing health care reform laws and
how they will impact small employers.

As the law continues to evolve, as
conditions of the legislation become
clearer, and as new deadlines
approach, CPEhr will continue
working diligently to ensure its clients
and small business community
receive the most up-to-date news
and information.


     Contact CPEhr's Employee Benefits Department to
     schedule a no-obligation review of your current
     benefit plans and health care reform overview.

                Click Here For More Information

                       CPEhr | 9000 Sunset Blvd. LA,
                                                       15
                       CA 90069 | www.cpehr.com
About CPEhr
Founded in 1982, CPEhr is a California-based Human
Resources Outsourcing firm, offering businesses an
alternative for handling many HR responsibilities.

Beyond benefits management, CPEhr specializes in the
following key employment areas:

•   Employment administration
•   Management training
•   Employee relations
•   Payroll and employment tax compliance
•   Workers’ compensation insurance
•   Claims and risk management
•   Safety consulting
•   Comprehensive employee benefits programs.

Headquartered in Los Angeles,
CPEhr has been ranked by the
Los Angeles Business Journal as
one of the “Best Places To
Work”, four years running. It is
currently one of the largest
privately held HR Outsourcing
firms in the state.




CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com16

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The Twelve Health Care Reform Questions Every Employer Needs to Know

  • 1. The 12 Health Care Reform Questions Every Employer Needs to Know CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com 2
  • 2. Introduction: The Unknown With over 2500 pages and some 450 provisions, the Patient Protection and Affordable Care Act (otherwise known as Health Care Reform) is one of the most complex pieces of legislation ever signed into law. The Act touches every sector – from individual citizens, to small businesses, to large corporations, to the Federal government itself. With numerous unanswered questions, employers are understandably overwhelmed: • What laws apply to them? • What do they need to do? • How will it impact their bottom line? • How can they prepare for the impending legislation? In this report, we discuss twelve important Health Care Reform questions, with simple, easy-to-understand answers, explaining their impact on small employers. 3 CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com
  • 3. The 12 Health Care Reform Questions Every Employer Needs to Know Each state is charged with establishing, as a governmental agency or nonprofit entity, an American Health Benefit Exchange. These Exchanges have two functions: 1. To facilitate the purchase of qualified health plans 2. To provide for the establishment of a Small Business Health Options Program (referred to as a “SHOP Exchange”). A SHOP Exchange will assist employers in enrolling employees in small group qualified health benefits plans. States may establish a single Exchange that performs both functions, or create separate Exchanges. Grants will be made available to states by the Department of Health and Human Services (HHS) for planning and establishing an Exchange. However, by 2015, Exchanges must be self-sustaining and may generate revenue through assessments or fees. The HHS will also provide technical assistance to states on facilitating participation of small employers in SHOP exchanges. If a state chooses not to establish an exchange, the Federal government will set up federal health insurance exchanges. CPEhr | 9000 Sunset Blvd. LA, 4 CA 90069 | www.cpehr.com
  • 4. The 12 Health Care Reform Questions Every Employer Needs to Know An employer who offers minimum essential coverage and pays any portion of the premium will be required to provide free choice vouchers to each qualified employee. A qualified employee is defined as an employee: • Whose required contribution to the employer plan, for self-only coverage, is greater than 8% and less than 9.8% of the employee’s household income for the taxable year • Whose household income is not greater than 400% of the FPL for the relevant family size • Who does not participate in the plan offered by the employer. The voucher will be equal to the monthly amount that the employer would have contributed toward the plan. The employer pays the largest portion of plan costs, for either the employee or, if elected by the employee, family coverage. CPEhr | 9000 Sunset Blvd. LA, 5 CA 90069 | www.cpehr.com
  • 5. The 12 Health Care Reform Questions Every Employer Needs to Know An Exchange will credit the amount of a voucher to the monthly premium of an exchange plan in which the qualified employee is enrolled, and the employer will pay the exchange the credited amount. If the amount of the voucher exceeds the premium, the excess will be paid to the employee. An individual receiving a free choice voucher will not be eligible for the exchange premium credits or cost-sharing subsidies. No penalty will be imposed on an employer with respect to any employee who is provided with a voucher. CPEhr | 9000 Sunset Blvd. LA, 6 CA 90069 | www.cpehr.com
  • 6. The 12 Health Care Reform Questions Every Employer Needs to Know Beginning in 2014, an employer with 50 or more full-time equivalent employees during the preceding calendar year, will be penalized if any of their full- time employees are not offered coverage (and obtains a premium credit through the exchange). PPACA provides a formula to help employers Example: calculate full-time equivalent, An employer with 80 according to its definition (see employees will be question #6 below). In 2014, the subject to a penalty of monthly penalty per employee $8333 per month will be equal to the number of (80-30 = 50 X $166.66). full-time employees, minus 30, After 2014, the penalty multiplied by $166.66 ($2,000 payment amount would per year, divided by 12) for any be indexed by the applicable month. premium adjustment percentage for the The amount of the penalty will calendar year. increase in subsequent years. CPEhr | 9000 Sunset Blvd. LA, 7 CA 90069 | www.cpehr.com
  • 7. The 12 Health Care Reform Questions Every Employer Needs to Know Even in some circumstances, employers with 50 or more full-time equivalent employees that offer insurance may still be subject to a penalty. This applies when the employer’s plan does not meet PPACA’s definition of “affordable” (see question #8 Even in some below), or if the employer’s plan pays for less than 60% of circumstances, the covered expenses. If an employers with eligible employee then obtains 50 or more full- a premium credit in an exchange plan, the employer time employees is subject to a penalty. that offer insurance may still be subject to a penalty. CPEhr | 9000 Sunset Blvd. LA, 8 CA 90069 | www.cpehr.com
  • 8. The 12 Health Care Reform Questions Every Employer Needs to Know Beginning in 2014, PPACA requires individuals to maintain health insurance, with some exceptions. Most individuals will be required to maintain minimum essential coverage. Those who do not comply, and who are not exempt, will be required to pay a penalty per individual and tax dependent equal to the greater of the following: $95 or 1.0% of adjusted income in 2014 $325 or 2.0% of adjusted income in 2015 $695 or 2.5% of adjusted income in 2016 9 2014 2015 2016
  • 9. The 12 Health Care Reform Questions Every Employer Needs to Know The new federal definition sets the standard of a full- time equivalent at 30 or more hours of actual time worked during a typical week, average over the month. It is based on the prior 12 months, which will be the 2013 year. Seasonal employees working less than 120 days during the Example: prior year are excluded. Additionally, the law takes A company employs 35 full- the hours worked by part- time workers (working on time employees into the aver-age of more than 30 calculation when hours per week) and 20 part- considering the number of timers (working on average full time employees. 24 hours per week, or 96 hours per month). These 20 PTE are the equivalent of 16 FTE. (20 x 96 / 120 = 16). So for calculation purposes, this employer has 35 + 16= 51 full-time equivalents. 10
  • 10. The 12 Health Care Reform Questions Every Employer Needs to Know Each employer should begin collecting the necessary information to determine if they have 50 or more full time equivalent (FTE) employees. If an employer has fewer than 50 full time employees, the law does not require the employer to offer coverage. If the employer has 50 or more FTE’s then there are several parts of PPACA that need to be evaluated to determine the impact to the employer. It is recommended to consult with a professional familiar with the law and its implications to the business. 11
  • 11. The 12 Health Care Reform Questions Every Employer Needs to Know Affordable coverage means the plan has an actuarial value of at least 60% of required health care covered expenses and the employee cost is less than 9.5% of household income. The PPACA imposes a 40 percent excise tax on “Cadillac” health insurance plans. This new tax will apply to health plans valued in excess of $10,200 for individuals and $27,500 for families. Those thresholds will grow annually by inflation plus 1 percent. The tax takes effect in 2018 and is projected to raise $32 billion by 2019. CPEhr | 9000 Sunset Blvd. LA, 12 CA 90069 | www.cpehr.com
  • 12. The 12 Health Care Reform Questions Every Employer Needs to Know Yes, PPACA requires small group plans limit deductibles to $2,000 per individual and $4,000 per family. These amounts will be indexed to health care premium inflation. VISUAL This is not clear at this time. COBRA may no longer be needed if individuals have access to coverage through the state exchanges. However, if the state exchanges are higher cost the employee may elect COBRA. CPEhr | 9000 Sunset Blvd. LA, 13 CA 90069 | www.cpehr.com
  • 13. The 12 Health Care Reform Questions Every Employer Needs to Know The individual would likely be eligible for premium subsides or the expanded eligibility for Medicaid. What Now? 5 Steps Employers Should Take to Prepare: 1. Review the decision with a professional to determine how the law will affect your business. 2. Assess the strategic impact of continuing or dropping health benefits 3. If you currently offer insurance, determine whether to retain “grandfathered” status if you decide to continue offering a health plan. 4. Determine if your existing plan meets qualifying standards for eligibility and affordability. 5. Calculate the true costs of either offering or not offering health coverage after 2013. Source: Business Management Daily 14 CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com
  • 14. CPEhr: A Leader in Managing Employer Health Care Plans CPEhr, working in close communication with our brokers and health care advisers, has invested hundreds of hours studying and analyzing health care reform laws and how they will impact small employers. As the law continues to evolve, as conditions of the legislation become clearer, and as new deadlines approach, CPEhr will continue working diligently to ensure its clients and small business community receive the most up-to-date news and information. Contact CPEhr's Employee Benefits Department to schedule a no-obligation review of your current benefit plans and health care reform overview. Click Here For More Information CPEhr | 9000 Sunset Blvd. LA, 15 CA 90069 | www.cpehr.com
  • 15. About CPEhr Founded in 1982, CPEhr is a California-based Human Resources Outsourcing firm, offering businesses an alternative for handling many HR responsibilities. Beyond benefits management, CPEhr specializes in the following key employment areas: • Employment administration • Management training • Employee relations • Payroll and employment tax compliance • Workers’ compensation insurance • Claims and risk management • Safety consulting • Comprehensive employee benefits programs. Headquartered in Los Angeles, CPEhr has been ranked by the Los Angeles Business Journal as one of the “Best Places To Work”, four years running. It is currently one of the largest privately held HR Outsourcing firms in the state. CPEhr | 9000 Sunset Blvd. LA, CA 90069 | www.cpehr.com16