17.07.2018 10.34 CDT

At the core of the Administration’s actions to dismantle the ACA are actions that pull lives out of the risk pool; undermining the integrity of the ACA’s risk pools will undermine the stability of health insurance markets. This instability may prove to be yet another set of ACA-related headaches for employers.

Risk Pooling, Risk Shifting and Risky (Health Insurance) Business

Risk Pooling, Risk Shifting and Risky (Health Insurance) Business

It is difficult to measure the specific effects, of each of these actions, on health insurance markets. However, there is increasing evidence that the cumulative effects of these actions are reshaping health insurance markets in the United States.

Over the past year the Administration has taken a number of steps that serve to undermine the ACA by facilitating the movement of covered lives away from plans covered by the ACA - by increasing premiums, by discouraging carrier participation in ACA exchanges and by reducing behavioral barriers to dropping individual coverage. These actions represent traps for employers caught in the middle of this slow-motion ACA repeal.

05.12.2017 09.28 CST

The Senate tax act (H.R. 1) would make significant changes to individual and corporate tax rules. The bill leaves employment-related plans (largely) unscathed, but still has a number of provisions that will affect these plans. Most notably, the bill eliminates the individual mandate under ACA and adds a temporary tax credit for paid family and medical leave programs. And, although there are few direct changes to comp and benefits rules, the larger changes to the tax code are likely to impact employer-sponsored plans over the longer term.

The Senate Tax Bill: A Benefits Perspective

The Senate Tax Bill: A Benefits Perspective

This bill does not make dramatic changes to rules governing employer-sponsored plans. So, for now, the HR community can finish enter 2018 without the distraction that more dramatic changes would have been generated. Photo credit Ted Hartz, 2017

The Senate has now passed its version of a revamp to the tax code (H.R. 1). The legislation makes significant changes to many provisions of the code, including changes to corporate and individual taxation. A number of compensation and benefits changes, including elimination of the ACA’s individual mandate, are included in the bill. However, the core rules governing employer-sponsored retirement and healthcare benefits are unchanged.

16.11.2017 09.26 CST

Some employers will be receiving IRS Letter 226J in the coming weeks. It is not likely that this letter will bring good news.

Internal Revenue Service Prepares to Levy 2015 ACA Penalties

Internal Revenue Service Prepares to Levy 2015 ACA Penalties

The IRS is poised to begin levying (potentially significant) penalties on employers, under the ACA’s employer mandate, for 2015.

The Affordable Care Act (“ACA”) remains on the books. And, in a significant new development, the IRS is poised to begin levying penalties on employers, under the ACA’s employer mandate, for 2015. These penalties may be significant and it we cannot anticipate any “relief” reaching back to 2015.

04.11.2017 12.57 CDT

The Centers for Medicare & Medicaid Services (“CMS”) has issued new proposed regulations regarding the operation of health insurance exchanges under the Affordable Care Act (“ACA”). These proposed regulations will provide increased authority to states and insurance companies.

The (Ongoing) Saga of ACA: New Proposed Regulations

The (Ongoing) Saga of ACA: New Proposed Regulations

Proposed regulations will transfer control over key decisions from the federal government to individual states and insurance companies.

Proposed regulations will transfer control over key decisions from the federal government to individual states and insurance companies. The proposed regulations do not, directly, make significant changes to the health insurance coverages offered under ACA. However, they set the stage for such changes to occur in coming years.

02.11.2017 06.57 CDT

The Administration’s latest actions will cause uncertainty in the markets. During this period of uncertainty, it is increasingly important for employers to seek stability.

ACA Update: Executive Order

ACA Update: Executive Order

An Executive Order seeks to expand use of “alternative (i.e., limited) health plans” in place of more comprehensive health insurance coverage.

President Trump has issued an executive order to encourage the use of alternative health coverages. The order seeks to expand the use of association health plans, short-term limited health coverage and health reimbursement accounts. The order could, over time, shake up health insurance markets – but, buyer beware.