Health Care Reform FAQ's for Your Employer Clients

The HIC Group

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Hope this helps. Please let me know if you have any questions.

Q: Do I have to offer health insurance?

A: If you have 50 or more full time or full time equivalent employees and one or more of your employees receives premium credits (government subsidies) to help purchase health insurance in the exchange, you are required to offer health insurance or pay a penalty. If no employees receive subsidies, then you are not required to offer health insurance and pay no penalty.

In addition, if you have 200 or more full time or full time equivalent employees, you are required to automatically enroll each employee in the company sponsored health plan. They can then choose to opt out.



Q: What defines a full time employee and what is a full time equivalent?

A: A full time employee is defined as anyone who works 120hrs/mo. The number of full time equivalents is calculated by adding up all the part time hours worked by your part time employees in a month and dividing it by 120. You cannot avoid the obligation to provide insurance by making everyone a part time employee.

EX1: You have 40 FT employees and 20 PT employees who average 80 hours per month. FT + FTE = 40 + (20*80/120) = 40 + 13 = 53 You are required to offer health insurance or pay a penalty.

EX2: You have 20 FT employees and 40 PT employees who average 80 hours per month. FT + FTE = 20 + (40*80/120) = 20 + 27 = 47 – You are not required to offer health insurance.



Q: How much is my penalty if I don’t offer health insurance?

A: Penalty = (# of employees – 30) * $2000.
EX: A company with 60 FT and FTE employees – (60-30)*$2000= $60,000/year = $1000/employee.



Q: If I offer a group plan, what are requirements so I don’t pay a penalty?

A: In general, minimum requirements for a ACA compliant health plan are that it limits deductibles to a maximum of $2000 for an individual and $4000 for a family and limits maximum out-of-pocket expense over and above the deductible to $6400 for an individual and $12800 for a family. The plan must also offer all the "Essential Benefits" as defined by the ACA, such as a free physical each year and unlimited coverage.



Q: Can I offer a group plan and still owe a penalty?

A: Yes. If the health plan is not ACA compliant or if the premium to be paid by the employee is more than 9.5% of the employee’s household income, then the employee qualifies for help through an exchange. The employer then pays $3000 penalty for each employee that uses the exchange.



Q:Are there other ways to offer health insurance for my employees that may be less expensive?

A: Yes. In many cases it may be less expensive overall for both the employer and the employee to pay the penalties and then purchase short term major medical insurance through a Section 125 PRA. Under a PRA, the employer can fix their health insurance costs much the same way they do with a 401K plan. Any contribution made by the employer is in the form of pre-tax dollars. Employees can have money withheld from their check in pre-tax dollars to pay premiums. The net result is a lowering of the taxable income for the employee and a lowering of the FICA matching requirement for the employer. In many cases, even including the penalties the employee and the employer save over 50% compared to a ACA compliant plan.



Q: Are there any scenarios under which I could not offer health insurance and still not owe a penalty.

A: Yes. If you have less than 50 full time and full time equivalent employees.
 
You may want to edit/amend some of this information. I realize what you are trying to say, but some of these answers could be improved.

1. Do I have to offer insurance?--the answer is no.
2. Question about how to calculate the FTE's-you state that you cannot avoid the obligation to provide insurance by making everyone a part-time employee. In actuality you can.
3. Question-If I offer a group plan, what are the requirements so I don't pay a penalty-not a complete answer. By the way, self-funded plans are not required to offer Essential Benefits.
4. Question-Can I offer a group plan and still owe a penalty?--the comment about 9.5% of household income should include a comment about the safe-harbor option of 9.5% of w-2.
5. Last question about other ways is but one way.

Sorry, don't mean to be mean-spirited so don't take it that way. Just trying to be constructive.
 
Hello Leveena


I have to respectfully disagree with your comments. Can you please provide reputable sources to back up your responses?

This is a good constructive debate that I think will be helpful for all the members.

Thank you.
 
Hello Leveena


I have to respectfully disagree with your comments. Can you please provide reputable sources to back up your responses?

This is a good constructive debate that I think will be helpful for all the members.

Thank you.

While I could say the same for you, I will indulge you one time.

1. Not required to offer insurance--http://www.healthcare.gov/using-insurance/employers/small-business/#provide

2. Calculate, can't avoid by making pt--if I have 52 fte's and I make them all work 20 hours, they do not meet the 30 hours of eligibility requirement.

3. Group Health Plan requirements for not offering--see a variety of sources, including EBSA

4. 9.5% of household, see Internal Revenue Service (IRS) Notice 2012-58
 
HIC Group, I agree with many of these points that Leevena made. Mostly, he was just trying to help you rephrase your text in such a way as to give complete and accurate answers.

Regarding making people part-time, you actually do avoid the penalty. That is because you include part-timers when you count employees to see if you have more than 50 FTE's, but you do not include part-timers when you calculate the penalty. So, you could have a group of 5000 part-timers, have no insurance, and pay no penalty (even if all 5000 of them received a subsidy in the exchange), because the penalty is only assessed on full-time employees.
 
A: If you have 50 or more full time or full time equivalent employees and one or more of your employees receives premium credits (government subsidies) to help purchase health insurance in the exchange, you are required to offer health insurance or pay a penalty. If no employees receive subsidies, then you are not required to offer health insurance and pay no penalty.







That needs fixing^^^^^
 
It's a good start, but holy cow this is why the law is a mess. When even agents don't know the answers, there is trouble ahead of us.
 
That needs fixing^^^^^

@Post Quartermaster, your response in bold is exactly what I am stating in my FAQ. You just stated the words in a different order.
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You may want to edit/amend some of this information. I realize what you are trying to say, but some of these answers could be improved.

1. Do I have to offer insurance?--the answer is no.
2. Question about how to calculate the FTE's-you state that you cannot avoid the obligation to provide insurance by making everyone a part-time employee. In actuality you can.
3. Question-If I offer a group plan, what are the requirements so I don't pay a penalty-not a complete answer. By the way, self-funded plans are not required to offer Essential Benefits.
4. Question-Can I offer a group plan and still owe a penalty?--the comment about 9.5% of household income should include a comment about the safe-harbor option of 9.5% of w-2.
5. Last question about other ways is but one way.

Sorry, don't mean to be mean-spirited so don't take it that way. Just trying to be constructive.


OK All, Here is a follow up - my responses in bold. I hope this helps.

1. Do I have to offer insurance?--the answer is no. Your source that you gave is regarding small employer under 50 ee's. What I stated in my initial FAQ "If you have 50 or more full time or full time equivalent employees and one or more of your employees receives premium credits (government subsidies) to help purchase health insurance in the exchange, you are required to offer health insurance or pay a penalty. If no employees receive subsidies, then you are not required to offer health insurance and pay no penalty." source - Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act
2. Question about how to calculate the FTE's-you state that you cannot avoid the obligation to provide insurance by making everyone a part-time employee. In actuality you can. I wish that were the case, but unfortunately you are incorrect. Part time employees do count towards the total number of FTE's. FTE is defined as full time equivalents. Here is the source and tool from benefit mall that I use for my groups to determine their small/large group status. https://myworkspace.benefitmall.com/PORTAL/Portals/0/TXEmailAttachments/FTEGuideFillFINAL2.pdf
3. Question-If I offer a group plan, what are the requirements so I don't pay a penalty-not a complete answer. By the way, self-funded plans are not required to offer Essential Benefits. ACA reform affects all group health plans, regardless of whether they are fully insured or self-insured. Here is the source and a great tool to refer to: http://www.ciswv.com/CIS/media/CISM...d-Plans-Under-Health-Care-Reform-070312_1.pdf
4. Question-Can I offer a group plan and still owe a penalty?--the comment about 9.5% of household income should include a comment about the safe-harbor option of 9.5% of w-2. If an employee’s share of the premium for employer-provided coverage would cost the employee more than 9.5% of that employee’s annual household income, the coverage is not considered affordable for that employee. If an employer offers multiple healthcare coverage options, the affordability test applies to the lowest-cost option available to the employee that also meets the minimum value requirement. Here is the source: Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act
5. Last question about other ways is but one way. I'm not sure what this means.



I hope this is helpful for everyone.
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If anyone has any other questions or comments please post as I think this is a very Healthy Debate.

Thanks
 
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