Wednesday, November 30, 2011

Employers accelerate efforts to bring health benefit costs under control

Although the average total health benefit cost growth per employee slowed in 2011 (to 6.1% ($10,146 per year), down from 6.9% in 2010), according to Mercer, a benefits consulting firm, health reform is having an impact on employers’ accelerating efforts to bring health benefit costs under control. Respondents to the Mercer survey expect health benefit costs to increase, on average, by 5.7% in 2012. The cost growth from 2010 to 2011 was much smaller for large employers (3.6%) than for small employers (9.9%), Mercer finds.
Impact of health reform. The Patient Protection and Affordable Care Act (PPACA) requirement that employers extend dependent coverage eligibility to employees' children up to age 26 boosted health plan enrollment by an average of 2 percent, Mercer points out. Employers expect that PPACA provisions effective in 2014 that require employers to extend coverage eligibility to all employees working at least 30 hours per week on average, auto-enroll newly eligible employees, and the new mandate that all individuals obtain health insurance coverage, will result in another increase in enrollment. Retailers and other employers with large part-time populations are likely to be the most affected, Mercer observes.
The PPACA provision of greatest concern to the most employers is the excise tax on high-cost plans with nearly half of the Mercer survey respondents rating it as a "significant" or "very significant" concern. Some have high-cost plans simply because they have an older or less healthy workforce or are located in a high-cost area, not necessarily because they offer very generous plans. Only 39% of employers with 50 or more employees believe their current plans won't reach the excise tax cost threshold, which will be tied to the consumer price index (CPI) and increase each year. Nearly all the rest are determined to avoid the tax if they can: 21% say they "will do whatever is necessary to bring cost below the threshold amounts," and 36% say they will attempt to bring the cost below the threshold amounts, acknowledging that "it may not be possible." Only 4 percent will take no action to avoid the tax, Mercer finds.
"Employers that are concerned about a jump in enrollment in 2014 or the excise tax in 2018 see a need to slow cost growth now," says Beth Umland, Mercer's director of research for health and benefits. "While cost-shifting to employees is still going on, this year we saw more employers adopting strategies they believe will provide better results over the long haul."
Fewer than half of all employers (47%, down from 50% in 2011) say they will shift costs to employees in 2012 by raising deductibles or the percentage of the premium employees pay.
"Best practices" save money. As mentioned, large employers reported a significantly lower average health benefit cost increase than small employers in 2011: 3.6% compared to 9.9%. "The health care reform law may have had a greater impact on small employers than large employers in 2011," says Mercer’s Umland. "But the survey also shows that large employers are doing more to control health benefit cost."
Small employers tend to offer less-generous coverage than large employers, and so were more likely to be affected by new PPACA rules restricting annual benefit limitations and mandating free preventive care. However, they are also less likely to invest in the types of programs that large employers are using to manage cost, Mercer suggests.

Commitment to providing health benefits. Employers remain committed to providing health benefit plans to their employees, even after the PPACA-mandated state health insurance exchanges become available in 2014, Mercer finds. Few large employers say they would terminate their health plans and have employees seek coverage in the individual market instead with 9 percent of all employers with 500 or more employees, but 4 percent of those with 5,000 or more employees, say they would do so.
"Employers have had a year to think about the impact of health reform," says Mercer’s Umland. "When they consider the penalty, the loss of tax savings and potentially grossing up employee income so they can purchase comparable coverage through an exchange, many don't see a financial advantage in dropping coverage."
Small employers were more likely to indicate they would terminate their plans in 2014 --19% of those with 10 to 499 employees, about the same proportion as in 2010. Employers of this size are less likely to offer coverage to begin with; they generally offer fully insured health plans and, with small risk pools and little purchasing power, are vulnerable to large rate increases, Mercer suggests. In 2011, the percentage of small employers offering an employee health plan fell from 57% to 53%.


Other health reform-related findings. Self-funding interest has risen amid concerns that new PPACA regulations will drive up the cost of fully insured plans. Of the 28% of employers with 500 or more employees that have a fully insured PPO, one-third say they are likely to switch to self-funding within the next three years. Just 8% of smaller employers say it's likely they will switch.
Grandfathered status: Only about half of all employers (and 37% of large employers) believe they will maintain the grandfathered status of all their health plans until 2014. One-third had no grandfathered plans in 2011 and 18% expect to lose grandfathered status over the next two years.

Monday, November 28, 2011

Small businesses can now find, compare health insurance plans on HHS website

For the first time ever, an updated Department of Health and Human Services (HHS) website will provide local health plan benefits and pricing information for small business owners, the HHS has announced. On a greatly expanded HHS website, small business owners will have access to an unprecedented detailed review of their health insurance plan choices including, for the first time ever, the ability to research locally available products in an unbiased manner, which will foster a more transparent and competitive marketplace.

Just in time for 2012, this powerful new tool allows small business owners to compare the benefits and costs of health plans and choose those that are best for their employees. "This new information will help business owners navigate what has traditionally been a complicated and confusing decision," says HHS Secretary Kathleen Sebelius. "Both owners and their employees can feel more confident that the plans offered will be the best to suit everyone's needs."

Beyond facing difficulties in analyzing the market, small businesses do not fare as well large employers when negotiating health care prices, with statistics showing that, on average, small businesses spend 18 percent more for the same health insurance coverage. This new HHS tool brings needed transparency to the marketplace, which will help ensure insurance companies will compete for business on the basis of price and quality.

The tool is located on http://www.healthcare.gov/, which was created under requirements contained in the Patient Protection and Affordable Care Act (PPACA), the 2010 health reform law. To access the small business Insurance Finder, go to the home page of http://www.healthcare.gov/ and click on the blue tab (called "find insurance options") at the top of the page.


Available information. The new information added gives small business owners access to the following:
  • Insurance product choices for a given ZIP code, sorted by out-of-pocket limits, average cost per enrollee, or other factors;
  • A summary of cost and coverage for small group products that shows the available deductibles, range of co-pay options, included and excluded benefits, and benefits available for purchase at additional cost; and
  • The ability to filter product selection based on whether the plans are Health Savings Account eligible, have prescription drug, mental health, or maternity coverage, or allow for domestic partner or same sex coverage.
More than 530 insurers have provided information for more than 2,700 coverage plans across all 50 states and the District of Columbia, the HHS says. The Centers for Medicare & Medicaid Services worked to define and collect detailed benefits and premium rating information from insurers across the country to develop the site.

"Tens of thousands of small businesses from across America have already logged-on to www.HealthCare.gov to see what health coverage options are available to them," said Steve Larsen, director of the Center for Consumer Information and Insurance Oversight. "The new, unprecedented ability to search at this level of detail will bring the marketplace into better balance by giving insurance purchasers the power of information."

In addition, the website provides extensive information about consumer rights, tips for how to navigate the market's complexities, and details on how the PPACA provides new protections for beneficiaries.

Wednesday, November 23, 2011

The ACA And Rate Increases For Businesses


The Department of Health and Human Services (HHS) has announced that Everence Insurance of Pennsylvania is charging small businesses unreasonably high premium increases. This is the first federal rate review under the Patient Protection and Affordable Care Act (ACA). Anyone surprised?

Under the ACA, HHS, in conjunction with the states, is charged with establishing an annual review process, which will require insurers to submit a justification for any "unreasonable" premium increases (Public Health Service Act Sec. 2794(a)).


Monday, November 21, 2011

Without Pants, There Should Be Rants

 
What do health care reform and a recent heart attack have to do with each other? Turns out not much, but I’ll get to that later.

I had a mild heart attack Tuesday, Nov. 8, in St. Louis. I was in the Barnes Jewish Hospital Tuesday through Friday, Nov. 8-11. Medication and diet and more exercise should prevent this from happening again. In addition to coming through this with few consequences so far (a few medications, lots of medical follow-up, some cardiac rehab), here are a few events that stick with me about the last few weeks:

Friday, November 18, 2011

Most Witnesses At IRS Hearing Criticize Proposed Premium Tax Credit Rules

Many witnesses at a November 17 Internal Revenue Service public hearing on health insurance premium tax credits and employer regulations said that proposed IRS regulations on the health insurance premium tax credit will deny the credit to eligible families and deprive them of access to family health insurance coverage. But one employer group disagreed, testifying that the government had correctly interpreted the law.

Rule’s Impact

Beginning in 2014, the Patient Protection and Affordable Care Act (ACA) provides a refundable health insurance premium tax credit to individuals and families who cannot obtain affordable health insurance through their employers or certain government-sponsored plans. The credit is designed to help taxpayers pay for the cost of health insurance obtained through state-established Health Insurance Exchanges. The taxpayer must have household income between 100% and 400% of the federal poverty level (FPL), cannot be claimed as a dependent, and must file a joint return if married.

An individual cannot claim the credit if the individual is eligible for minimum essential coverage. An employee is eligible for minimum essential coverage (and therefore not entitled to the credit) only if the employee’s share of the insurance premiums is affordable and the insurance coverage provides minimum value.

Wednesday, November 16, 2011

Supreme Court Will Rule On Health Reform Issues Next Year

On Monday, the U.S. Supreme Court granted certiorari and agreed to consider three of the five health care reform-related petitions it reviewed on November 10. The Court has agreed to hear certain issues in the following cases:

  • Federation of Independent Business, et al., v. Sebelius (No. 11-393);
  • Florida, et al. v. HHS (No. 11-400); and
  • HHS v. Florida, et al. (No. 11-398).

In a press conference on Monday, HHS Secretary Kathleen Sebelius said she welcomes the Supreme Court’s decision to hear the lawsuits challenging the Patient Protection and Affordable Care Act (ACA), saying a quick and favorable ruling could encourage reluctant states to move ahead on implementation. “We will have a decision midway though 2012, which means that states that are sitting, perhaps, on the sidelines saying, ‘We really want to know what happens next’ [with the litigation] will fully engage,” Sebelius said. “We are confident that the law is constitutional, will be upheld as constitutional.”

The National Federation of Independent Business (NFIB) and 26 states had filed a petition asking the Supreme Court to review the ACA. In response to the Supreme Court agreeing to hear the case, Dan Danner, president and chief executive officer of the NFIB, said, “The health care law has not lived up to its promises of reducing costs, allowing citizens to keep their coverage or improving a cumbersome system that has long been a burden to small-business owners and employees, alike. The small-business community can now have hope; their voices are going to be heard in the nation’s highest court.”

Monday, November 14, 2011

Small Business Health Care Credit Claims Lower Than Expected

Claims for the Small Business Health Care Tax Credit provided by the Patient Protection and Affordable Care Act (ACA) have been lower than anticipated despite extensive IRS outreach, an audit by the Treasury Inspector General for Tax Administration (TIGTA) has found.

Friday, November 11, 2011

No word yet on Supreme Court’s decision to hear health reform case, but D.C. court speaks

November 10 came and went, and we still don’t know whether the Supreme Court will review one of the health reform cases that I mentioned on Monday. The decision could be revealed this coming Monday, November 14, in the Court’s order list. For now, we continue to wait . . .

In the meantime, other courts continue to rule on health reform cases. The District of Columbia Circuit Court of Appeals has ruled in Seven-Sky v. Holder (No. 11-5047) that the individual mandate in the Patient Protection and Affordable Care Act (ACA) is constitutional. After determining that the Anti-Injunction Act did not bar the lawsuit, the court found that Congress had the authority under the Commerce Clause to enact the individual mandate, which requires individuals to purchase health insurance by 2014 and imposes a penalty on most who do not comply.

Wednesday, November 9, 2011

Supreme Court not likely to review state’s right to sue in Fourth Circuit ACA case

The U.S. government has issued its response to the petition for certiorari in Virginia v. Sebelius (No. 11-420). That’s the case where the Fourth Circuit Court of Appeals ruled that the state of Virginia lacked standing to challenge the minimum coverage provision of the Patient Protection and Affordable Care (ACA).

The state of Virginia argued it had standing to bring the action because ACA’s minimum coverage provision allegedly conflicts with a state statute, the Virginia Health Care Freedom Act (VHCFA). But the Fourth Circuit disagreed, finding that the VHCFA did not confer on the state a sovereign interest in challenging the provision. The court also found the provision applies only to individuals, not states.

Lower court didn’t reach merits. It’s important to note that the Fourth Circuit did not rule on the merits of the case. That means it did not address whether the minimum coverage provision is or is not constitutional.

Ruling doesn’t conflict with other cases. The government predictably opposes the Supreme Court’s review of the Virginia case. It contends that not only did the Fourth Circuit rule correctly on the standing issue, but moreover, the court’s “holding does not conflict with any decision of this Court or of any other court of appeals and does not warrant plenary review by this Court.”

Review Florida case instead. The government suggests that the petition in the Virginia case be held pending the disposition of the other related petitions, specifically HHS v. Florida, where the Eleventh Circuit found the minimum coverage provision unconstitutional. In that case, the court of appeals found that an individual, Mary Brown, had standing to challenge the coverage provision. Because the Virginia case contains a threshold jurisdictional question, but the Florida case does not, the government urges the Court to grant the petition in Florida to address the provision’s constitutionality.

Odds of review. As I mentioned in Monday’s post, the odds are favorable for the Court to review one of the cases containing the constitutionality issue. But Virginia v. Sebelius is not that case and, so, it’s unlikely the Court will review it. Now we all know that stranger things have happened (did I mention the 999-to-one odds on the Cardinals to win the World Series this year? Oh, that’s right, I did mention it in Monday’s post!). But we also know the Court prefers to limit (avoid?) review of established precedents, such as a state’s standing to sue the government. Stare decisis is the Court’s best friend, and I think it will stay that way with the Court declining to review the standing issue in the Virginia case.

Monday, November 7, 2011

What’s so special about November 10?

If November 10 is your birthday, then it’s a special day for you each year. But for those of us keeping an eye on the status of health care reform, November 10 this year is special for another reason.
During a private conference this Thursday, November 10, the U.S. Supreme Court will consider five petitions related to the Patient Protection and Affordable Care Act (ACA) and the Health Care and Education Reconciliation Act of 2010.

The petitions to be considered are:
  1. Thomas More Law Center v. Obama, et al. (No. 11-117),
  2. National Federation of Independent Business, et al., v. Sebelius (No. 11-393),
  3. HHS v. Florida, et al. (No.11-398),
  4. Florida, et al., v. HHS (No. 11-400), and
  5. Liberty University v. Geithner (No. 11-438).
A sixth petition not yet distributed to the Justices is Commonwealth of Virginia v. Kathleen Sebelius (No. 11-420). (In my next post on Wednesday, I'll discuss the government's response to that petition and the likelihood the Court will review it. If you enjoy reading about whether or not a state can sue our government (and I know you do!), be sure to come back and visit this blog on Wednesday.)

Lower courts in disagreement. You may recall that the Eleventh Circuit Court of Appeals found that the minimum coverage provision of the ACA is unconstitutional while the Sixth Circuit found the provision to be constitutional. Due to this split of authority in the lower courts, the Supreme Court is expected to decide to review at least one of the cases regarding the provision’s constitutionality. One legal expert, Professor Brad Joondeph, who writes the aca litigation blog, puts the likelihood of the Supreme Court granting review on this issue at 99%. “If there is a constellation of factors that guarantees certiorari, this is it,” according to Joondeph.

(I’m no expert on matters involving the Supreme Court. But I’ll go out on a limb and say the chances of the Supreme Court deciding to review one of the cases are much better than the chances were of the St. Louis Cardinals winning the World Series this year. One Vegas bookie had the odds at 999 to one. Way to go Cards!)

When will we know? The Court could issue an order granting review on the same day of the conference, November 10, or on Monday, November 14, when it issues its regularly scheduled list of orders. (November 11 is another special day, Veterans Day, but because it’s a federal holiday, we won’t hear from the Court on Friday.)

Friday, November 4, 2011

ERIC advises government to keep exchange eligibility process simple

Anyone who has had the pleasure of reading substantial portions of the Patient Protections and Affordable Care Act (ACA) and its implementing provisions can attest to the fact that much of it is likely to be confusing to just about everyone, including employers, employees, and healthcare professionals. Anything that could simplify upcoming new processes, procedures, and requirements should probably be welcome. The ERISA Industry Committee (ERIC) has submitted a comment letter to the Department of Health and Human Services (HHS) on proposed HHS regulations relative to the ACA that were published in the Federal Register on August 17, 2011. The proposed regs describe ways state exchanges will be able to determine eligibility for the purchase of health coverage through a state health insurance exchange, as well as eligibility for the receipt of premium tax credits or cost-sharing reductions. ERIC has included, in its comment letter, ways it contends will simplify this process.

Premium cost-sharing assistance and tax credits will be available to employees who purchase insurance coverage through a state exchange if they are not eligible for health insurance coverage through their employer, or if their employer-sponsored coverage is considered to be unaffordable.

Two methods appear to be under consideration for the purpose of determining employees' eligibility for this assistance. Under one method, employees and employers would complete a template, given to them by their state exchanges, and the information on those templates would enable the exchanges to determine what premium assistance or tax credits an individual might or might not be eligible for. Under the second method, exchanges would be required to establish a central database, to which employers could submit the appropriate information. ERIC is recommending that both methods be made available to employers, and that each employer be given a choice with regard to which it will use.

Wednesday, November 2, 2011

ACA support wanes - this month, anyway

It seems as though we've seen support for the Patient Protection and Affordable Care Act (ACA) wax and wane, over and over again, since before it was even passed. The latest survey, from Kaiser Health News (KHN), appears to fall into the waning category. This is the first time, according to KHN, that the number of  respondents that believe the law won’t make the country better off outnumber those who believe it will.

KHN blames a drop in support by Democrats for the change. Seventy-eight percent of Democrats polled supported the law in March 2010, when the ACA became law, and by October 2011, only 52% did. Furthermore, in October of this year, only 27% of Democrats polled said that they thought the ACA would actually improve their lives, a drop from 43% in September. What a difference a month makes. From what I can see on a monthly graph on the KHN press release, it looks to me as though the number of people who hold a favorable view of the ACA has careened up and down in 2010 and 2011, and there's no question that unfavorable responses hit an all-time high in October of this year, at 51%, although unfavorable responses hit 50% in January 2011.