Blogs

IRS/Treasury Department Public Hearing Exposes Divide Over Employer Mandate

An April 23 joint Internal Revenue Service (IRS) and Treasury Department hearing exemplified the split between labor and industry over how strictly the Employer Mandate (sometimes called the Shared Responsibility for Employers) provision of the Patient Protection and Affordable Care Act (PPACA) should be applied. A wide variety of stakeholders from the insurance brokerage, organized labor, education, legal and private industry communities testified before officials from the IRS and the Department of the Treasury on the controversial issue.

Under PPACA, employers subject to the...

Author: Michael Gomes

Federal Government Details Role of Brokers in PPACA’s Marketplaces/Exchanges

On May 1, the Center for Consumer Information and Insurance Oversight (CCIIO) released new guidance on the role of “agents, brokers, and web-brokers” in Health Insurance Marketplaces/Exchanges. CCIIO describes how they foresee Brokers operating:

“Agents and brokers, including web-brokers, are among those who will play a role in educating consumers about Marketplaces and insurance affordability programs, and in helping consumers receive eligibility determinations, compare plans, and enroll in coverage. In...

Author: Michael Gomes

A Glitch in PPACA and an IRS Regulatory Fix

A year-old Internal Revenue Service (IRS) rule regarding premium tax credits under the Patient Protection and Affordable Care Act (PPACA) faces controversy as it expands premium tax credits to people in states with a Federal Exchange. The rule was issued to address a missing provision in PPACA that would leave individuals in states operating under a federally operated health care Exchange ineligible for premium tax credits and lead to a serious challenge to the Employer Mandate. Now, two courts are hearing challenges to the IRS rule.   
 
To recap,...

Author: Michael Gomes

Recent Congressional Action Evidences Intent to Amend Large Employer Definition and Hourly Requirements under PPACA

In recent weeks, Congress has demonstrated an intent to change certain definitions and thresholds under the Patient Protection and Affordable Care Act (PPACA). On March 22, 2013, Senator Susan Collins (R-ME) submitted Amendment 144, which would change the definition of a large employer and remove the 30 hour requirement to be considered a full-time employee under PPACA. The legislative amendment would apply to the Senate Fiscal Year 2014 ...

Author: Michael Gomes

Wellness Programs in PPACA Spotlight

Under the Patient Protection and Affordable Care Act (PPACA), wellness is one element of health care reform that is taking center stage. 

Generally, health plans may not discriminate based on a health factor against individual participants with regards to eligibility, benefits, or premiums (health factors include health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, and disability). However, an exception to this rule allows for premium discounts, rebates, or modifications to otherwise...

Author: Michael Gomes

The Employer Mandate and Controlled Groups

The Patient Protection and Affordable Care Act (PPACA) requires large employers – those with 50 or more full-time employees and full-time equivalents – to offer their employees the opportunity to enroll in coverage that is both affordable and provides minimum value. While determining whether an employer is subject to this employer mandate is complicated in its own right, this determination can get even more complex when several employers are commonly owned.

Bundling Multiple Employers

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Author: Michael Gomes

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