Photo Credit via @photosteve101
You have questions, we’ve got answers. Here are some of the most general questions and answers for employees answered. Let’s begin.
1. I’ve heard about a number of different health care proposals over the last year. Which one did Congress pass? The health care reform law is a combination of two bills:
- The Patient Protection and Affordable Care Act (H.R. 3590), which was signed into law on March 23, 2010; and
- The Health Care and Education Reconciliation Act of 2010 (H.R. 4872), which was signed into law on March 30, 2010.
2. Does health care reform allow people to keep their current health coverage? Yes. Nothing in the new law requires individuals to terminate coverage that they had on the date the law was passed. However, due to new coverage requirements, the coverage provided under an individual’s plan may change. Also, employers are not required to offer the same coverage in future years.
If an employer’s health plan existed on March 23, 2010, and the employer has not made certain changes to the plan, the plan may have grandfathered status. Grandfathered plans are subject to many, but not all, of the health care reform law’s requirements.
3. Are individuals required to have health coverage? Not yet. However, in 2014, most U.S. citizens must obtain health insurance coverage or they will be subject to penalties. There are exceptions for low-income individuals and those who are unable to obtain affordable coverage.
4. What are the penalties for individuals who don’t have health coverage? Beginning in 2014, the penalties for individuals who are not enrolled in coverage will be the greater of a flat dollar amount or an applicable percentage of income. The flat dollar amount for 2014 is $95, $395 for 2015 and $695 for 2016. After 2016, the flat dollar amount is indexed for inflation. The applicable percentage of income is 1 percent for 2014, 2 percent for 2015, and 2.5 percent for 2016 and later years. The penalty for children is half of that for an adult. A family’s total penalty generally cannot exceed 300 percent of the adult flat dollar penalty or the national average annual premium for the “bronze” level of coverage through the insurance exchange.
5. Does the new law affect dependent care flex accounts and health flexible spending accounts? Prior to the passage of the health care reform legislation, dependent care flex accounts are capped at $5,000 annually, and health flexible spending accounts (health FSAs) have no cap (although many employers implement their own caps, typically at the $5,000-$6,000 level or less). The new health care reform law does nothing to change the limits on dependent care accounts, which remain capped at $5,000. However, the law does establish an annual cap on health FSAs of $2,500. This change is effective on January 1, 2013.
6. How do I get my 21-year-old covered under my plan? Beginning with the first plan year after September 23, 2010, insurers will be required to permit children to stay on family policies until they turn 26. This rule applies to all plans in the individual market and to non-grandfathered employer plans. It also applies to grandfathered employer plans; however, the sponsor of a grandfathered plan may decide to exclude from coverage adult children with another offer of employer-based coverage (such as through his or her job). Beginning in 2014, grandfathered plans must cover children up to age 26, even if they have another offer of coverage through an employer. Note that state law requirements may require offering coverage beyond age 26.
7. Is the coverage for my adult dependent taxable? No, the value of the coverage is not subject to federal tax for the employee or dependent. The Health Care and Education Reconciliation Act revised the Internal Revenue Code to clarify that the cost of coverage for a taxpayer’s child is excluded from income through the end of the year in which the child turns 26. However, state requirements may differ, so state taxes may apply.
8. Can I now get coverage for my child who has a pre-existing condition? Effective for the first plan year after September 23, 2010, health insurance companies that cover children will not be able to deny coverage to your child under 19 years old based on a pre-existing condition. This applies to all non-grandfathered and grandfathered plans.
9. What consumer protections will I get if I obtain insurance at work? Effective for the first plan year after September 23, 2010, insurers will be prohibited from placing lifetime limits on what they will pay for your medical care and they can only apply restricted annual benefit limits. Insurers will no longer be able to arbitrarily cancel your insurance policy when you get sick, except in cases of fraud.
Insurance companies will be prohibited from denying coverage to children with pre-existing conditions. This applies to all non-grandfathered and grandfathered plans.
All non-grandfathered group health plans must provide coverage for preventive services. Recommended prevention and vaccination services will be covered without any deductibles or copayments. Plans must also have a straightforward and independent appeals process so you can appeal decisions by your health insurance company.
10. I have a pre-existing condition. How can I get coverage this year? This year, if you have been uninsured for 6 months and have a pre-existing condition, you may have access to health insurance through the high-risk pool program. This temporary program will be available until 2014.
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Sources: Department of Labor, Department of Health and Human Services





