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A Discussion of  the Affordable Care Act A Discussion of  the Affordable Care Act

A Discussion of the Affordable Care Act - PowerPoint Presentation

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A Discussion of the Affordable Care Act - PPT Presentation

Overview of the Affordable Care Act Effective March 23 2010 Purpose was to decrease the number of uninsured Americans and to reduce the overall costs of health care Its provisions are intended to ID: 710945

insurance coverage individual health coverage insurance health individual issuers 2015 aca premium group market state small tax employer plans grandfathered risk federal

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Slide1

A Discussion of

the Affordable Care ActSlide2

Overview of the Affordable Care Act

Effective March 23, 2010

Purpose was to decrease the number of uninsured Americans and to reduce the overall costs of health care. Its provisions are intended to:

Expand access to insurance

Increase consumer protections, and

Improve outcomes

First insurance reforms became effective 6 months after passage (September 23, 2010).

Most significant insurance reforms became effective January 1, 2014Slide3

Insurance Coverage ReformsSlide4

Scope of Health Insurance Reforms

The ACA reforms apply to

health insurance issuers

offering group or individual

health insurance coverage

.

"

Health insurance

issuer

"Health

insurance coverage

"

The ACA categorizes "health insurance coverage" into three markets:

the

individual

market

the

small group

market

the

large group market

.

Exceptions to ACA

Excepted

BenefitsSlide5

Guaranteed Availability and Renewability

Guaranteed Availability

Requires

issuers offering non-grandfathered health insurance coverage to accept every individual or employer who applies for coverage in the individual or small group market (Subject to certain exceptions such as limits on network capacity)

May restrict enrollment to open or special enrollment periods

Guaranteed Renewability

Requires any health insurance issuer offering coverage in the individual or group market to renew coverage at the option of the plan sponsor or

individual

.

Exceptions:

nonpayment

of premium,

fraud

,

violation

of participation/contribution rules,

movement

outside the service area,

membership

in association ceases,

discontinuing

a particular product, or

exiting

the market

Uniform modification of coverage is permittedSlide6

Insurance Coverage Reforms

Coverage of adult children to age

26

Internal and External appeal procedures

Prohibition on lifetime and annual limits on essential health benefits

Limits on ability to rescind coverage

Prohibition

on preexisting conditions exclusions

Coverage for Clinical trials

Access

to Providers:

Direct access to OB/GYN

Permit

pediatrician to be selected as a PCP

No prior authorization or increased cost sharing for out of network emergency services

Coverage for Preventive Services without cost

sharing

Limits on Cost Sharing

Actuarial Level of Coverage – Bronze, Silver, Gold or Platinum

Coverage for Essential Health Benefits Slide7

Essential Health Benefits

Ambulatory Patient Services

Emergency Services

Hospitalization

Maternity and Newborn Care

Mental Health and Substance Use

Prescription Drugs

Rehabilitation and

H

abilitative services

Laboratory Services

Preventive ServicePediatric Services (dental and vision)Slide8

Grandfathered and Transitional Plans

Many of the mandates of the ACA do not apply to grandfathered or transitional plans.

Grandfathered Plans

Group

or individual health insurance coverage that was in place prior to

March 23, 2010

, and continues to maintain its grandfathered

status

A plan may lose grandfathered status

Transitional Plans

Non-grandfathered group or individual plans that were in existence on October 1, 2013 and may be renewed through October 1, 2016

Notice must be provided to the affected individuals

Annual increases in premium rates are permissibleSlide9

Grandfathered Plans

Reform

Application of Provision to Grandfathered Plan/Policy

Rescissions

X

Lifetime limits

X

Preventive care

Age 26 adult children

 

X*

Appeals and External Reviews

Access to Providers

Medical loss ratio

X

Summary of Benefits & Coverage ("SBC") and Uniform Glossary

X

Modified community rating

Essential health benefits

Actuarial value

Limits on cost sharing

Clinical trials coverage Slide10

Mandates to PurchaseSlide11

The Individual Mandate

Individual Mandate

Individuals (with limited exceptions) are required to maintain minimum essential coverage each month or pay an individual shared responsibility payment with their federal tax return

Coverage is reported by the Insurer or Employer. Transitional Relief was granted so that first information returns are not due until 2016 (for coverage provided in 2015)

Individual Shared Responsibility Payment

The

fee for not having coverage in

2015

If

you don’t have coverage in 2015, you’ll pay the

higher

of these two

amounts:

2

% of your yearly household income.

(Only the amount of income above the tax filing threshold, about $10,150 for an individual, is used to calculate the penalty.) The maximum penalty is the national average premium for a Bronze plan

.

$

325 per person for the year ($162.50 per child under 18).

The maximum penalty per family using this method is $975.Slide12

Minimum Essential Coverage

Employer

Sponsored

Coverage

Coverage in

Individual

Market

Coverage for Peace Corps Volunteers

VA/TRICARE

Medicaid and CHIP

Medicare Pt A and Advantage

Self-funded Student

H

ealth

C

overage

Refugee Medical Assistance Program

MECSlide13

The Employer Mandate

Employer Mandate

The ACA does not specifically require

employers (large or small) to

provide coverage to employees.

The

ACA does require a large employer to pay a shared responsibility fee if one or more of its full-time employee(s) enroll in subsidized coverage in

an Exchange

Employer Shared Responsibility Payment

Applies to large employers that do

not offer coverage or

offer

coverage to fewer than 95% of its full-time employees (and their dependents

)

Payment is the

number of full-time employees the employer employed for the year (minus up to 30) multiplied by $2,000, as long as at least one full-time employee receives the premium tax credit. Slide14

Indiana Federally Facilitated Marketplace

Indiana has a

F

ederally

F

acilitated Marketplace (“FFM”)

Indiana is an Effective Rate Review State

The IDOI maintains jurisdiction over all QHPs and non-QHPs sold in Indiana in the following areas:

Licensing

Rate and form review

Financial solvency

EHB benchmark reviewA

QHP

issuer

must offer at least one QHP

at the

silver

level

and

at least one QHP

at the

gold

levelSlide15

Affordability ProgramsSlide16

Federal Subsidies – Premium Tax Credit

Premium Tax Credit

Only available through the Individual FFM

For citizens and legal residents that

are between 100% - 400% of the federal poverty

level.

Determined on a sliding scale; individuals and families with lower incomes receive more assistance. Slide17

Federal Subsidies – Cost Sharing

Cost Sharing Subsidy

Only available

if purchased an individual silver plan through the FFM and are below 250% of FPL*

Subsidy

will reduce

all of the

person’s

cost-sharing, including deductibles, coinsurance, copayments and out

of pocket

maximums

Amount of subsidy

is based upon

the person’s income. Slide18

Federal Subsidies – Small Employer Credit

Small Employer Credit:

No more than 25 employees

Average annual wages of less than $50,000

Pay at least 50% of the employee’s premium

Purchase insurance

through

the SHOP

Tax credit up to 50% of the employer’s

contribution

Limited to no more than 2 consecutive taxable yearsSlide19

Premium Stabilization ProgramsSlide20

Risk Adjustment, Reinsurance and Risk Corridors

Risk Adjustment Program

Permanent

program

intended to

normalize the individual risks

of health insurance issuers to ensure premiums remain stable

Payments

transfer from issuers with low risk persons to issuers with high

risk

persons

.

All non-grandfathered plans in the individual and small group markets are subject to the risk adjustment

program

Indiana carriers received approximately $122 million for 2014

Transitional Reinsurance Program

3 year program ending in 2017

Intended to stabilize premium for coverage in the individual market due to higher cost individuals gaining insurance during the first 3 years of guaranteed availability of coverage

Transitional

Risk Corridor

Program

3 year program ending in 2017

that provides additional protection for health insurance issuers on the FFM. Slide21

Medical Loss Ratios (“MLR”) and Rebates

 MLR requires insurance companies to spend at least 80% or 85% of premium dollars on medical

care

 

Rebates are calculated based on the type of market

Individual/Small

G

roup Formula: (80% - MLR) x Total Premium

Large

G

roup Formula: (85% - MLR) x Total Premium

This change promotes a level playing field for issuers within each

State

In 2014, Indiana carriers paid approximately $12 million in rebates for 2013

The rebate amounts for 2014 will be available September 30, 2015Slide22

Taxes/Fees on Health Insurance Issuers and Group Health Plans

Tax/Fee

Paid By

Purpose

Health Insurer Provider Fee

Health insurance issuers and certain self-insured plans

Non-profit issuers that receive more than 80% of their net premium from government programs are

exempt – approximately $8 billion for 2014 and $11 billion for 2015

To help cover the premium subsidies

Marketplace User

Fees

Health insurance issuers offering coverage on the

Marketplace – currently 3.5% of premium

To cover administrative costs of the Exchange

Transitional Reinsurance

Fee

Health insurance issuers and self-insured

plans -

$63

for 2014 and

$44

for 2015 and

$27

for 2016

To fund the Transitional Reinsurance Program

Risk Adjustment User Fee

Health insurance issuers that participate in the individual or small group market – approximately $0.15 per member per monthTo fund the Risk Adjustment ProgramPatient-Centered Outcomes Research Institute (“PCORI”) FeeHealth insurance issuers and self-insured plans – approximately $0.17 per policy per year

To fund research to assess health outcomesHigh Value Plan Tax (“Cadillac Fee”) Health insurance issuers and self-insured plans – approximately 40% on the premium in excess of thresholdsTo offset costs of the ACASlide23

Risk Pools

Generally require health insurance issuers to treat all of their non-grandfathered business in the individual and small group market, inside and outside the exchange, as a single risk pool

A state would have the authority to choose to direct issuers to merge their non-grandfathered individual and small group pools into a combined pool

Indiana did not merge its individual and small group poolsSlide24

Rating Factors

Age Rating

3:1 ratio

Age Curve

Uniform age curve

Family Tiers

Premiums are limited to 3 for those dependents under age 21

Tobacco Rating

Limitation goes away in 2015

Geographic Rating Areas

IDOI Bulletin 197

Slide25

Impact on State LawSlide26

Preemption of State Law

The Affordable Care Act does not preempt all state laws that regulate health insurance

State laws that interfere with the ACA provisions are preempted

State are permitted to adopt and enforce laws and regulations that afford greater consumer protections Slide27

Case law and RegulationsSlide28

Recent Case law – King v. Burwell

King v. Burwell,

135

S.Ct

. 2480 (June 24, 2015)

Facts:

HHS

provides

subsidies

on

state and federally-facilitated Exchanges; Plaintiffs claim it can’t do this for federally-facilitated Exchanges. If

subsidies are not available in a State, the individual

coverage

mandate would not apply to many people and the employer mandate would not apply at all

.

Issue:

May a federal agency promulgate

regulations to extend tax-credit subsidies to coverage

purchases

through

federally-facilitated Exchanges?

Lower Courts:

District Court: Granted defendants’ motion to dismiss; held subsidies available everywhere

4th Circuit: Affirmed; found ACA ambiguous on this point and deferred to the agency’s

interpretationHolding: Tax credits authorized under the ACA are available to individuals who purchase insurance through a federal exchange in their stateSlide29

Case law - King v Burwell

No

Chevron deference

Principles

of statutory interpretation:

The

meaning of “established by a State” was ambiguous when read in context of the “overall statutory scheme”

Giving

the phrase “established by the State” its most natural meaning would render other parts of the ACA meaningless or nonsensical

Other

parts of the ACA assumed tax credits would be made available on both State and Federal

exchanges:

Broader structure of the ACA

Structure

of the ACA was designed to expand individual health insurance coverage while controlling costs

The

Virginia residents’ reading “would destabilize the individual insurance market in any State with a Federal Exchange, and likely create the very ‘death spirals’ that Congress designed the Act to avoid”

87

% of people bought insurance on a Federal Exchange with tax creditsSlide30

Case law -

National Federation of Independent Business v.

Sebelius

:

National Federation of Independent Business v.

Sebelius

,

132

S.Ct

.

2566 (June 28, 2012)

Issues: Constitutionality of:Individual Mandate

Medicaid Expansion

Holding:

T

he

individual mandate is a constitutional exercise of Congress’ power to levy taxes

.

The

Medicaid expansion provision of the ACA violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.Slide31

2015 Developments - Administrative Rulemaking

Agency Information Collection Activities: Proposed Collection; Comment

[Transparency reporting by

QHP

Issuers],

80 FR

48320-01 (August 12, 2015)

IRS Notice

2015-52

: Excise Tax on High Cost Employer-Sponsored Health Coverage,

www.irs.gov/pub/irs-drop/n-15-52.pdf (July 30, 2015)

Final Rule: Coverage

of Certain Preventive Services Under the Affordable Care

Act. Coverage

of Certain Preventive Services Under the Affordable Care Act, 80 FR

41318-01 (July 14, 2015)

Final

Rule: Summary of Benefits and Coverage and Uniform

Glossary,

80 FR

34292-01 (June 16, 2015)Slide32

2015 Developments Continued

Temporary Final Rule: Health Insurance Providers Fee, 80 FR 10333-01 (February 26, 2015)

Final Rule: Application for Recognition as a 501(c)(29) Organization [Consumer Operated and Oriented Plan (COOP)], 80 FR 4791-01 (January 25, 2015)

Proposed Rule: To amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act as they relate to employer wellness programs; 80 FR 21659-01 (April 20, 2015

)

Small Group Definition

Beginning January 1, 2016, the definition of small group will change from 1-50 employees to 1-100 employees

H.R. 1624 was proposed to keep the current definition of 1-50 employeesSlide33

ACA Impact on IndianaSlide34

Impact on Market Size by 2019Slide35

References

Annual Letter to Issuers in the Federally Facilitated Marketplace

Annual

HHS

Notice of Benefit and Payment Parameters

Annual Instructions Medical Loss Ratio Reporting

IDOI

Company Compliance

Rate/Forms including reference documents available

at www.in.gov/idoi/2588.htm

CMS regulations and guidance available at www.cms.gov/cciio/resources/regulations-and-guidance/ and www.regtap.info

QHP

Application, Instructions, Templates and Materials available at

www.cms.gov/cciio/programs-and-initiatives/health-insurance-marketplaces/qhp.html Slide36