Health Care Reform – How Are You Affected? – Part 3

If you are an employer with fewer than 50 full time and “full time equivalent” (FTE) employees, you will enjoy the luxury of being exempted from the most onerous provisions discussed in the previous article. If you offer health insurance coverage to your employees you will still have a few issues affecting your health plan.

Effective for tax year 2013, an additional Medicare Part A tax of 0.9% will be assessed on incomes above $200,000 for individuals or $250,000 for joint filers. This works out to a 62% increase over the current Medicare tax rate of 1.45%. Another tax of 3.8% will be assessed against unearned income for “high income” taxpayers.

Other taxes will go into effect on or before January 1, 2014, that relate to HSA account distributions. The so-called Cadillac tax on rich health plans will begin then as well, but perhaps one of the most notable tax increases actually began March 23, of this year. All tanning bed operators began paying an additional 10% tax surcharge for customer rental of tanning beds.

If you offer group health insurance, your plan will have to eliminate lifetime caps on Essential Health Benefits (EHBs). As was discussed previously, EHBs will be further defined by Health and Human Services. It is believed EHBs will include certain wellness, outpatient and hospitalization benefits. That is, all health insurance plans must offer these benefits and can not place caps on how much can be paid out under the plan. A few of the EHBs may be required to be offered exclusive of a plan deductible, such as routine physical exams.

The most important issue for small groups is the 35% tax credit that is available for tax year 2010. This credit is available through tax year 2013 if the employer contributes at least 50% of the total premium cost. The debate continues at present if the 50% contribution rate must apply to dependents’ premiums as well. The larger the business becomes, the smaller the credit becomes. Consultation with a knowledgeable tax professional is recommended.

The credit will stop after 2013. At that time a two-year tax credit will then be available if the small group plan is purchased through the government health insurance exchange.

Children of employees are eligible as dependents until age 26, regardless of marital or student status.

By January 1, 2010,annual caps on EHBs must be eliminated. Too, the small business will not be able to extend a waiting period for enrolling new employees beyond 90 days. Texas state law already requires no more than a 3-month wait.

Pre-existing health conditions must be fully covered by January 1, 2014 for adults. The mandate for children under 19 years must be in effect by September 23, 2010. Insurance companies are challenging the child provision however saying, the time frame is too soon for the mandate to be implemented.

Kenneth Bennett

Atticus Bennett: Atticus, a sports nutritionist, provides dietary advice for athletes, tips for muscle recovery, and nutrition plans to support peak performance.