financial implications for dental plans...jun 30, 2010 · kurt lawson, hogan lovells jon renfrew,...
TRANSCRIPT
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Health Care Reform:Health Care Reform:Health Care Reform:Health Care Reform:Financial Implications for Dental PlansFinancial Implications for Dental Plans
Presenters:Kurt Lawson, Hogan Lovells
Jon Renfrew, Brown RudnickJerry Berggren NADPJerry Berggren, NADP
June 30, 20101
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Agenda1 Direct Costs To Dental 3 Indirect Costs1. Direct Costs To Dental
Insurers Annual Assessment
3. Indirect CostsTax RelatedConsumer Related
Exchange & Non‐ComplianceExecutive Compensation
Provider Related
P i iExecutive Compensation2. Costs to Medical Plans /
Multi‐line plans with l
Positive…Tax Credits for Small Business
DentalExcise TaxAdditional TaxesAdditional Taxes
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O i f F diOverview of FundingNet Outlays Net Revenue
Medicaid
y(in billions)
Medicare/Medicaid
(in billions)
Medicaid & CHIP Coverage Provisions
$434 Other Revenue
& CHIP Savings$455
Exchanges$358
Reinsurance Risk
Fees on
Hospital Insurance
$48
Other Savings$59
$358 $106 Coverage Related
Provisions$105
Fees on Health Insurers and Mfgs
$107
Tax$210
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Assessment FeeYear Total Fee Collected
2014 $8.0 billion
2015 $11.3 billion
2016 $11.3 billion
2017 $13 9 billion2017 $13.9 billion
2018 $14.3 billion
2019 Based on rate of growth of premium
How the tax will be distributed will be determined by regulationsregulations
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Assessment (Annual) FeeHealth insurers (including dental) must begin to pay the fee starting in 2014, based on net premiums collected in the prior calendar year (2013)the prior calendar year (2013)
The ‘net’ premium as defined by Jt. Com on Taxation:“Premiums written, including reinsurance, reduced by
i d d d d d b di i ireinsurance ceded, and reduced by ceding commissions… [they] do not include amounts arising under arrangements that are not treated as insurance”
Insurers also must annually provide a report to the Treasury Dept detailing health insurance premiums collected.collected.
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Assessment Fee Details The Assessment Fee is not collected on insurers with less than $25 million in net premium.For insurers with $25‐$50 million in net premium, they areFor insurers with $25 $50 million in net premium, they are assessed the fee at 50%.Beyond these thresholds, entities exempt from federal income tax pay this fee based on 50% of net premium Applies to:tax pay this fee based on 50% of net premium. Applies to:
Public Charities 501c3Social Welfare Organizations 501c4High‐Risk Health Insurance Pools 501c26Consumer Operated and Oriented Plan health insurance issuer 501c29
All other insurers pay 100% of fee
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Assessment Fee
ASO/Self Funded at 0%
$50 mil100%0% 50% 100%
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Assessment Fee ExemptionsHealth Insurance definition utilized does not include:
Medicare SupplementalLong‐term CareAccident/Disability InsuranceCoverage for Specific DiseasesCoverage for Specific DiseasesHospital Indemnity InsuranceOther Fixed Indemnity InsuranceOther Fixed Indemnity Insurance
Employers that Self‐Insure Any government entity providing health services directlyAny government entity providing health services directly
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Assessment Fee ExemptionsOrgs that receive more than 80% of revenues from govt. programs targeting low‐income, elderly, or disabled populationspopulations
Medicare, Medicaid, and SCHIPVEBA organizations that are not established by an employerCertain Mutual Insurance Companies with
Market share in its geographic market between 40 60% inMarket share in its geographic market between 40‐60% in 2008A MLR of at least 90% in 2008Average MLR in 2011, 2012 and 2013 of at least 89%
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NADP’s Preliminary Estimate of the Assessment FeeAssessment Fee
2013 2014 2015 2016 2017 2018Private Health Insurance (billions)1 $1,028.8 $1,087.0 $1,151.9 $1,221.7 $1,296.9 $1,376.4Private Health Insurance (billions) $ , $ , $ , $ , $ , $ ,
Fully‐Insured Plans2 $ 463.0 $ 489.2 $ 518.4 $ 549.8 $ 583.6 $ 619.4
Total Tax to be Collected $8.0 $11.3 $11.3 $13.9 $14.3
Tax as a percent of premium ‐‐ 1.64% 2.18% 2.06% 2.38% 2.31%
* This draft estimate does not take into account many exemptions within PPACA, regulations yet to be determined, nor how the tax may be distributed.
1 The health spending projections were based on the 2007 version of the National Health Expenditures released in January 20092 January 2009 EBRI Issue Brief, based on 2008 data from Kaiser Family Foundation
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Assessment Fee, TBD…The definition of net premium (minus the Jt Com on Taxation definition)
fProcedures for reporting Allocation of the Assessment Fee
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Exchange & Non‐compliance Fines‐Fees for selling inside the Exchange
Exchanges must be self sustaining by 1.1.2015, and may h t f t ti i ti h lthcharge assessments or user fees to participating health plans
Non‐compliance FinesNon compliance FinesAdministrative Simplification (HIT): $1 per person covered per day for which the plan’s data systems are not in complianceAssessment Fee: Failure to report (starting at $10,000); inaccurate reporting (additional fines)inaccurate reporting (additional fines)
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Executive CompensationExecutive compensation limitsSalaries above $500,000 annually will be included in a l ’ t bl i i t b i i ftplan’s taxable income in tax years beginning after
12.31.2012Applies to all individuals who provide services to a health pp pinsurer (inside and outside the company)Seems to include dental and vision (separate & combined)
If combined with medical ‐MLR rebates
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Questions
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Excise ‘Cadillac’ TaxSeparate Dental and Vision ARE Exempt
Result of coalition efforts of unions, dental & vision plans, employer groups provider community and othersemployer groups, provider community and othersIssue of whether self‐funding or ASO dental & vision are covered by the exemption
Other exemptions: fixed indemnity (post tax), disability, LTC, liability, workers’ comp, auto medical, credit‐only, other similar coveragegIt DOES include: Medical policies with dental, vision and other ancillaries embedded, and reimbursements under a Health FSA or HRAHealth FSA or HRA
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Excise ‘Cadillac’ Tax40% tax, starting in 2018
Aggregate value of employer‐sponsored health coverage di th h ld texceeding threshold amounts:
$10,200 (for 2018) multiplied by the health cost adjustment percentage for an employee with self‐only coverage*$27,500 (for 2018) multiplied by the health cost adjustment percentage for an employee with coverage other than self‐only coverage*
*These amounts are just starting points for determining the thresholds; adjustment percentages will be designed to capture upward deviations in the rise of coverage between 2010 2018upward deviations in the rise of coverage between 2010‐2018
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Excise ‘Cadillac’ TaxNADP Actions
Provided Stats for CWA Coalition Involved Additional Stakeholders
R J C t (CT)Rep. Joe Courtney (CT)Organized over 180 House members to hold the line against Excise Tax c se a
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Additional Tax (BCBS)BCBS plans currently receive special deductions from their regular (income) taxes, this will be modified so only BCBS plans that have 85% MLR will continue with taxBCBS plans that have 85% MLR will continue with tax break
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Additional Tax (to Medical)Tax on insurers to establish: Patient‐Centered Outcomes Research Institute (research and indentify cost‐effective treatments)treatments)
Limited scope dental and vision ARE exemptFor each policy year ending after 9 30 2012 a fee equal to $2For each policy year ending after 9.30.2012, a fee equal to $2 ($1 for policy years ending in fiscal 2013) multiplied by the average number of lives covered under the policy. After 9 30 2014 th $2 i dj t d f i d t9.30.2014 the $2 is adjusted for increased coverage costsFees stop on policy years ending after 9.30.2019 Self‐funded plans are NOT exemptSelf‐funded plans are NOT exempt
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Questions
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Indirect CostsTax RelatedTax Related…Employer needs to provide tax reporting back‐up for employees to meet mandateemployees to meet mandate
Plans will need to provide information to small employers & individuals at a minimum
Reporting requirements on Payments to Corp. Non‐health relatedNew reporting required by companies spending $600 or more to outside consultants or for products/services (Form 1099, or 1096)099, or 096)
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Indirect Cost IssuesConsumer Related…American’s tax deductions of medical costs
Starting 2013, an individual’s threshold to claim an itemized deduction for unreimbursed medical expenses in creased from 7.5 of AGI to 10% for income tax.from 7.5 of AGI to 10% for income tax.
FSAs CapLimits amount to $2500 for individuals (used to be limitless)( )
HSA Withdrawal Tax Hike Increases tax on expenditures by HSA funds on non‐medical items increases from 10% to 20%
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Indirect Cost IssuesProvider Related…Medical device tax – may include dental office equipment
Exempts vision wearExcise tax on charitable hospitals
could include oral services by dental schools or students
And others to be determined
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Small Business Tax CreditsRecent IRS Guidance allows small business tax credits to be utilized for dental and vision coverageC dit t 35% f i t i 2010 50% iCredits up to 35% of premium costs in 2010, 50% in 2014Non‐profits receive credit of 25%, 35% in 2014p ,Amount of eligible premiums capped by average premium in small group market by stateC t k t t l h lth i i t tCap takes total health care premiums into account
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Small Business Tax Credits Eligibility
Employer must have fewer than 25 full‐time equivalent employeesemployees Average annual wages must be less than $50,000Employer must pays a uniform percentage (not equal p y p y p g ( qto less than 50%) of the premium cost of the coveragePhase‐out begins for business with average wages above $25,000 and for businesses with more than 10above $25,000 and for businesses with more than 10 full time workers
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Questions
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