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Health Care Reform Review 
Howard Einstein – President, Rosenfeld Einstein/ A Marsh & McLennan Agency 
Updates & Overviews
1 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Health Care Reform 
Topics of Discussion 
All material contained herein is confidential and the sole property of Marsh & McLennan Agency, LLC. 
For plan sponsor use only. Unauthorized distribution is prohibited. 
•MANDATED FEES AND REPORTING REQUIREMENTS 
•HEALTH PLAN IDENTIFIERS (HPID) 
•MEDICAID EXPANSION AND INSURANCE EXCHANGES 
•INDIVIDUAL AND EMPLOYER MANDATES 
•HIGH-VALUE PLAN TAX – Cadillac Tax 
•“PAY OR PLAY” STRATEGIES
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
MANDATED FEES AND REPORTING REQUIREMENTS
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Tax and Fee Provisions of PPACA 
DATE 
TAX OR FEE PROVISION 
FINANCIAL IMPACT 
2010 
10% tax on indoor tanning services 
Individual direct 
2011 
Tax on non-qualified withdraws increased from 10% to 20% for HSAs and from 15% to 20% for MSAs 
Individual direct 
2011 
Annual fees on pharmaceutical manufacturers/importers – increases from $2.3B to $4.8B per year over 10 years, apportioned among entities by market share 
Pass through in product costs 
2012 
Annual fee on insured and self-funded health plans to fund Patient Centered Outcomes Research, applicable plan years ending 10/1/12 through 9/30/19 – $1 per covered life in 1st year, $2 in 2nd year, indexed thereafter 
Pass through in insured premiums; employer direct for self-funded 
2013 
Employee Medicare tax increases from 2.9% to 3.8% for those earning $200K+/single or $250K+/couple; 3.8% tax also applied to investment income for same individuals 
Individual direct 
2013 
Elimination of business expense tax deduction for Medicare D expenses for employers receiving Part D subsidies 
Employer direct 
2013 
Annual fees on medical device manufacturers/importers – 2.3% of product sale price 
Pass through in product costs 
2013 
$500K per person limit on tax-deductible salary expenses for insurance companies 
? 
2013 
Threshold for itemized medical deductions increases from 7.5% to 10% of income 
Individual direct 
2014 
Annual fees on health insurers – increases from $8B to $14.3B over 5 years and indexed thereafter, apportioned among insurers by market share 
Pass through in insured premiums 
2014 
Fees on insurers and self-funded plans for state transitional reinsurance programs for first 3 years state marketplaces are available – $63/person 1st year, $44 2nd year 
Pass through in insured premiums or employer direct 
2018 
40% excise tax on value in excess of thresholds for high-value health plans 
Employer direct
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Trio of Plan Fees 
Patient-Centered Outcomes Research Fee 
Transitional Reinsurance Fee 
Health Insurance Industry Fee 
What is it? 
•Annual plan year fee on insured and self insured plans beginning on/after 10/2/2011 
•Annual calendar year fee on insured and self- insured plans, 2014-2016 
•Annual fee on all insured plans beginning in 2014 
Excludes Dental/Vision 
Excludes Dental/Vision 
Includes Dental/Vision 
How Much? 
•Annual fee of $1 PMPY, then $2 PMPY; indexed to medical inflation until 2019 
•First payable July 2013 
•$63 PMPY in 2014, $44 PMPY in 2015 
•Projected to decrease again in 2016 
Estimated costs: 
•2 to 2.5% for 2014 
•3 to 4% for later years 
Who Pays? 
•FI: Carrier pays 
•SF: Employer must calculate and pay own fee 
•FI: Carrier pays 
•SF: Employer must calculate and pay own fee 
•Carrier pays 
•Applies to all insured plans and will be based on each insurer’s share (among all U.S. insurers)
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6055 & 6056 Reporting Requirements Purpose 
5 
November 9, 2014 
•The new ACA reporting for Applicable Large Employers are designed to answer the following questions to the IRS: 
•Who has coverage? 
•Section 6055 
•Who might be eligible for a subsidy? 
•Section 6056
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6055 Enforcing the Individual Mandate 
6 
November 9, 2014 
Important to Note – 
Reporting requirements are for calendar year, without regard to plan year 
•Who has to file? 
–Anyone issuing Minimum Essential Coverage 
-Insurers 
-Self-Insured Plan Sponsors 
•Who gets filings? 
–IRS gets detail filing 
–Individual statements will go to employees who were covered by the plan during the calendar year.
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6055 Reporting Detail 
7 
November 9, 2014 
•Taxpayer ID number for all covered individuals, including spouses and dependents 
•What months were they covered? 
•Plan sponsor name, address and employer identification number 
•Individual employee statements will need to contain additional contact information of the plan sponsor
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6056 Enforcing the Employer Shared Responsibility Mandate 
8 
November 9, 2014 
Important to Note – Reporting requirements are for calendar year, without regard to plan year 
•Who has to file? 
–All Employers with 50 or more full time equivalents 
–Applicable Self Insured Plan Sponsors will file both 6055 & 6056 
•Who gets filings? 
–IRS gets detail filing 
–All employees get year end statements
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6056 Reporting Detail 
•Some of the detail information required on the return: 
–Certify appropriate coverage was offered to full time employees and their dependents 
-by month 
–Employee’s cost for the lowest cost plan for employee only tier 
-by month 
–Number of full time employees for each calendar month 
-by month 
–Name, address, taxpayer identification number of each full time employee 
- and months which they were covered under the plan, if applicable 
9 
November 9, 2014
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6056 Additional Information 
•Alternative Reporting is available in some circumstances, and will lessen the burden of providing lowest level detail. Specific criteria must be met in each case: 
–Certification of Qualifying Offers 
–Certification of 98 Percent Offers 
•Transition Relief Certification 
–Medium Sized Employers, 50-99, will need to certify 
-FTE count 
-Workforce or hours were not significantly changed in order to comply with Transitional Relief between Feb 2014 and Dec 2014 
-Health coverage was not significantly changed between Feb 2014 and Dec 2015 
10 
November 9, 2014
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Section 6055 & 6056 Reporting Key Dates 
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November 9, 2014 
Statements to employees by 1/31 
Hard copy filings to IRS must be postmarked by 2/28 
Electronic filings to IRS by 3/31 – 
required for 250 or more individuals 
IRS Forms not available yet– Drafts released July 2014
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees Patient Centered Outcome Research Institute Fees (PCORI) 
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November 9, 2014 
•Effective for calendar year plans through 2018 and non-calendar year plans through October 2, 2018 
•Apply to accident and health coverage and self insured group plans 
–Fees typically do not apply to FSAs unless: 
-Employer contribution is at least $500 and 
-More than 2 x the employee salary reduction 
–Applies to COBRA or continuation coverage that provides accident and health coverage 
–May also apply to retiree-only plans, although typically exempt from other ACA requirements 
•The participant count is based on plan year and not calendar year
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees Patient Centered Outcome Research Institute Fees (PCORI) 
13 
•Cost per participant: 
-$1 plan years ending before October 1, 2013 
-$2 plan years ending on, or after, October 1, 2013 to October 1, 2014 
-Fees after October 1, 2014 will be adjusted by HHS 
•Self Insured Plan sponsors can calculate PCORI fees by using one of the following methods: 
–Actual Count – using the sum of actual lives covered by day, dividing by number of days in the plan year 
–Snapshot – use count of lives on a specific day of the month or quarter, and divide by the number of dates picked (12 for monthly, 4 for quarterly) 
–Form 5500 – based on formulas using the totals on the form – details following 
November 9, 2014
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees PCORI – Sample Table of Participant Count 
14 
November 9, 2014 
Description of Plan 
HRA/105 
FSA 
No Group Medical Plan 
Count each participant who is eligible to be reimbursed as a single life. No spouses or dependents 
Count each participant for whom there is an employer contribution as a single life. No spouse or dependents 
Fully Insured Group Medical Plan 
Count each eligible to be reimbursed participant as a single life. No spouses or dependents 
Count each participant for whom there is an employer contribution as a single life. No spouse or dependents 
Self Insured Group Medical Plan 
Count each participant who is not enrolled in the Group Medical as a single life. No spouses or dependents 
Count each participant who waived Group Medical and has an employer contribution. 
All plans covering dental/vision are not required to report. Including Limited Purpose FSA plans 
This should not be construed as legal or tax advice. Contact your tax advisor for complete filing instructions
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees Transitional Reinsurance Fees 
15 
November 9, 2014 
•New for 2014 calendar year 
•Apply to accident and health coverage and self insured group plans 
–HRAs, and FSAs plans are generally not required to assess the fee 
-contact your legal or tax advisor for your specific plan information 
–COBRA, continuation and retiree coverage typically assess the fee 
•The participant count is based calendar year not plan year 
•Cost per participant 
-2014 $63.00 or $5.25 per month 
-2015 $44.00 or $3.67 per month
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees Transitional Reinsurance Fees 
16 
November 9, 2014 
•Calculating Transitional Reinsurance Fee 
•Self Insured plans use Form 5500 method 
•If employee only coverage is offered: 
•Add the beginning and ending count shown on the form 
and divide by 2 
•All other tiers offered: 
•Add beginning and ending counts together – effectively calculating 2 lives
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
ACA Mandated Fees Transitional Reinsurance Fees 
17 
November 9, 2014 
November 15, 2014 
Plans send HHS headcount for the first 3 quarters of 2014 
December 15, 2014 
HHS will send out bills based on headcount submitted 
January 2015 
Payment of $52.50 per covered life is due within 30 days to HHS 
4th Quarter 2015 
Balance of $10.50 is due to US Treasury 
REPORTING AND PAYMENT DATES
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
HEALTH PLAN IDENTIFIER
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Health Plan Identification Number (HPID) General Information 
•ACA requires a national unique identification number be assigned to each health plan - HPID 
•The 10 digit number will be used to streamline recording of standard transactions and designed to make processing more efficient 
•Health Insurers will be applying for HPIDs for fully insured plans 
•Self Insured Plan Sponsors will have to apply directly 
–Medical 
–HRA 
–FSA 
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November 9, 2014
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Health Plan Identification Number (HPID) When to Apply 
•When to Apply: 
–Plans with more than $5 million in annual receipts 
-November 5, 2014 
–Plans with less than $5 million in annual receipts 
-November 5, 2015 
•All plans must be using the HPID number for 
transactions by November 2016 
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November 9, 2014 
D E L A Y E D
ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC 
Health Plan Identification Number (HPID) How to Apply 
•How to Apply 
–Online application process managed by CMS at CMS.gov 
-http://www.cms.gov/ 
-Regulations-and-Guidance 
-HIPAA-Administrative-Simplification 
-Affordable-Care-Act 
-Health-Plan-Identifier.html 
–Sponsors will be directed to the online enumeration system called HPOES - Health Plan and Other Entity Enumeration System 
-CMS estimates approximately 20 minutes to apply 
-You Tube videos are also available to walk through the process Search “HPID Controlling Health Plan Application Process” 
-Additional detailed written documentation available through your Account Manager 
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November 9, 2014
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
MEDICAID EXPANSION AND INSURANCE EXCHANGES
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Medicaid Expansion - Summary 
Family Size 
100% of 2014 FPL 
133% of 2014 FPL 
138% of 2014 FPL 
1 
$11,670 
$15,521 
$16,105 
2 
$15,730 
$20,921 
$21,707 
3 
$19,790 
$26,321 
$27,310 
4 
$23,850 
$31,721 
$32,913 
5 
$27,910 
$37,120 
$38,516 
6 
$31,970 
$42,520 
$44,119 
7 
$36,030 
$47,920 
$49,721 
8 
$40,090 
$53,320 
$55,324 
–Prior to this decision a state would have lost all federal Medicaid funding if it declined to expand eligibility 
–This provision was deemed unconstitutional, since it would have threatened existing funding as well 
•The following slide has a map outlining the state-by-state status of Medicaid expansion 
*Medicaid expansion is up to 133% of FPL; however, the first 5% of income is disregarded when assessing eligibility, which effectively makes the eligibility threshold 138% of FPL. 
•PPACA originally expanded Medicaid coverage to almost any individual under age 65 that had an income up to 133%* of the Federal Poverty Level 
–This expansion was designed to significantly reduce the number of uninsured Americans 
–The federal government will pay a very high share of Medicaid cost to states who expand their eligibility to 133%* 
•The SCOTUS decision on PPACA determined that states are not required to expand Medicaid coverage
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
State Medicaid Expansion Status as of January 2014 
Source: The Kaiser Family Foundation http://kff.org/medicaid/state-indicator/state-activity-around-expanding-medicaid-under-the-affordable-care-act/#map, accessed 2/6/14. States that are implementing the Medicaid Expansion in 2014 and states not moving forward at this time are based on data from the Centers for Medicare and Medicaid Services, available at: http://medicaid.gov/AffordableCareAct/Medicaid- Moving-Forward-2014/Medicaid-and-CHIP-Eligibility-Levels/medicaid-chip-eligibility-levels.html. States noted as “Open Debate” are based on Kaiser Commission on Medicaid and the Uninsured analysis of State of the State Addresses, recent public statements made by the Governor, issuance of waiver proposals or passage of a Medicaid expansion bill in at least one chamber of the legislature. 
Expanding Coverage (26) 
Open Debate (6) 
IL 
NY 
PA 
NJ 
DE 
MD 
WV 
MT 
WA 
ID 
OR 
TX 
ND 
MN 
WI 
MI 
VA 
NC 
SC 
GA 
FL 
AL 
MS 
LA 
NM 
AZ 
WY 
SD 
NE 
CO 
KS 
OK 
IA 
MO 
AR 
IN 
KY 
TN 
HI 
AK 
CA 
NV 
UT 
ME 
NH 
VT 
CT 
RI 
MA 
DC 
OH 
Not Moving Forward At This Time (19)
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
•Public (State/Federal) Insurance Exchanges 
–Exchanges are to be set up by each state to provide a platform for individuals to purchase health coverage 
–If a state does not set up an exchange by 2014 a federal exchange will be set up in place of the state exchange 
–Small employers (1-100) will have access to purchase coverage through Small Business Health Options Program (SHOP) exchanges (states can restrict this to 1-50 until 2016) 
–Large employers (100+) may have access to purchase coverage through state exchanges starting in 2017, at the state’s discretion 
–The following slide has a map outlining the state by state status of exchange setup 
•Private Insurance Exchange 
–Marketplace with health only or core and supplemental product offerings across many benefits and services 
–Exchange sponsor stocks products and manages end-to-end consumer experience 
Insurance Marketplace Summary
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
State Health Insurance Marketplace 2014 Status 
Federal Marketplace (27) 
State Marketplace (17) 
State-Federal Partnership Marketplace (7) 
Source: Kaiser Family Foundation http://kff.org/health-reform/state-indicator/health-insurance-exchanges, accessed 1/15/14 
IL 
NY 
PA 
NJ 
DE 
MD 
WV 
MT 
WA 
ID 
OR 
TX 
ND 
MN 
WI 
MI 
VA 
NC 
SC 
GA 
FL 
AL 
MS 
LA 
NM 
AZ 
WY 
SD 
NE 
CO 
KS 
OK 
IA 
MO 
AR 
IN 
KY 
TN 
HI 
AK 
CA 
NV 
UT 
ME 
NH 
VT 
CT 
RI 
MA 
DC 
OH
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Subsidies available, employer shared responsibility penalties may apply 
Marketplace Subsidy & Medicaid Expansion Income Segments 
Single Individual 
Family of Four 
% of FPL 
Annual Household Income 
Those with household income in excess of 400% of Federal Poverty Level NOT eligible for subsidy through marketplace 
400% 
$46,680 
$95,400 
300% 
$35,010 
$71,550 
200% 
$23,240 
$47,700 
150% 
$17,505 
$35,775 
138% 
$16,105 
$32,913 
133% 
$15,521 
$31,721 
100% 
$11,670 
$23,850 
* Medicaid expansion eligibility threshold is 133% of FPL; however, first 5% of income is disregarded when determining household income level 
Note: Numbers represent 2014 FPL figures 
<138%* FPL 
<100% 
FPL 
138%*- 400% FPL 
100%-400% FPL 
>400% 
FPL 
>400% 
FPL 
0% 
100% 
200% 
300% 
400% 
500% 
600% 
With Medicaid Expansion 
Without Medicaid Expansion 
Household Income as % of FPL 
Income Segments Under Health Reform
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
INDIVIDUAL AND EMPLOYER MANDATES
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Employer Plan 
Federal or State Exchange 
Medicaid 
Pay Penalty 
Employee Choices 
2014 Individual Mandate Summary 
•Individuals must have qualifying minimum coverage or pay tax penalty. Potential annual penalties are: 
–2014: greater of $95 per individual or 1% of household income* 
–2015: greater of $325 per individual or 2% of household income* 
–2016: greater of $695 per individual or 2.5% of household income* 
•Individuals with no employer coverage or with “insufficient” or “unaffordable” employer coverage are eligible for public Exchange coverage and may receive a federal tax credit subsidy (sliding scale based on income). 
*Penalty cannot exceed the national average cost for Bronze plans in the exchange
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Employer Mandate Summary 
Applicable to employers with 100 or more full-time equivalent employees in 2015; applicable to employers with 50 or more full-time equivalent employees in 2016: 
Yes 
Yes 
Yes 
Do you offer coverage to at least or 95% of FT employees and their children (70% of employees only in 2015)? 
Are plan benefits sufficient? 
Is the coverage affordable? 
No Penalty 
Employer pays the lesser 
of $3,000 per affected FT employee who receives a tax credit, or $2,000 for every FT employee minus the first 30 
Employer pays $2,000 for every FT employee minus the first 30 (minus 80 in 2015) if at least 1 FT employee receives a tax credit 
No 
No 
No 
“Insufficient” Benefits – plan’s actuarial value is <60% (benefits pay less than 60% of cost of services) 
“Unaffordable” Benefits – household income <400% federal poverty level ($46K single, $94K family) and single-tier contribution for lowest cost sufficient plan is >9.5% of employee’s W-2 income 
Full-Time Employee – employee working avg. 30+ hrs/wk 
•“Pay” – If employer plan is not offered at all or is offered to less than 95% of FT employees and their children (70% of employees only in 2015) and 1 or more FT employee receives the marketplace coverage tax credit subsidy, employer pays penalty of $2,000/FT employee minus the first 30 FT employees (minus 80 in 2015) 
•“Play” – If coverage is offered to 95%+ of FT employees and children (70% of employees only in 2015) but is “insufficient” or “unaffordable” and 1 or more FT employee receives the marketplace coverage tax credit subsidy, employer pays penalty of $3,000/FT employee receiving subsidy (or $2,000 per FT employee, if less)
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Employer Mandate Example 
Employer Penalty 
Insurance Not Offered OR 
Is Insufficient or Unaffordable 
Full-Time Employee Obtains Insurance in an Exchange 
That Is Subsidized 
EE Contribution 
Plan A 
Plan B 
Plan C 
EE Only 
$50 
$100 
$150 
EE+Sp 
$250 
$350 
$450 
EE+Ch 
$300 
$400 
$500 
EE+Fam 
$500 
$600 
$850
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Additional Clarifications Affecting Employer Mandate 
•Offering major medical to 95% or more of full-time (30 or more hours/week) employees and their children will be seen as offering to all employees for determining an employer’s exposure to the $2,000 eligibility penalty under the employer mandate (threshold is 70% of employees only in 2015) 
–Still exposure to $3,000 penalty for employees under threshold who are not offered coverage or for employees offered unaffordable coverage 
–Spouses do not have to be offered coverage 
–Does not apply to employees during time working overseas 
–Affordability test can be based on end-of-year W-2 income, rate of pay or FPL method 
•Transitional relief is available for non-calendar year plans that meet certain requirements, e.g. 1/3 or 1/4 rule on all employees or 1/2 or 1/3 rule on all full-time employees 
•Common control employer groups will only be considered in determining if a member employer is a large employer; penalties will be determined separately for each employer in the applicable controlled group 
•Measurement and stability period safe harbor process has been proposed to assist employers in determining FT status of variable hour and seasonal employees, which allows a window of 3 – 12 months in which to do so 
•IRS will contact employer if there’s potential liability, but not before individual tax filing dates for that previous calendar year
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
2015 
Auto Enrollment 
Individual Mandate 
Medicaid Expansion 
Expanded Eligibility 
How Do I Account For: 
Penalties 
Compensation increases due to loss of benefits? 
Employer Mandate Financial Considerations
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
MMA “Pay or Play” Benchmark Data – General Impact & Cost Impact by Industry 
20% 
80% 
Impacted 
Not Impacted 
42% 
58% 
Impacted 
Not Impacted 
0% 
10% 
20% 
30% 
40% 
50% 
60% 
70% 
Biotech/Rx 
Financial 
Hospital/Healthcare 
Municipality/Non-Profit 
Manufacturing 
College/University 
Construction 
Energy/Transportation/Utility 
Staffing 
Hospitality 
Compliant Strategy 
Current Strategy 
Employers Impacted By “Pay” Penalty 
Employers Impacted By Affordability & Sufficiency Penalties 
Cost Impact Of Compliance 
Source: MMA National Benchmark Database of over 600 Employers, data as of 12/31/13
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
HIGH-VALUE PLAN TAX
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
High Value (“Cadillac”) Plan Excise Tax Summary 
Source: Mercer Survey of Employer-Sponsored Health Plans 2011 
•Includes medical/Rx, individual reimbursement accounts, EAP, and onsite medical clinics 
•2018 thresholds are $10,200 for single coverage and $27,500 for family coverage – will be indexed annually thereafter based on CPI 
•40% excise tax on the coverage value that exceeds these thresholds 
•Threshold adjustments permitted for pre-65 retirees, high-risk professions, significant age/gender factors, and multi-employer plans 
Most Likely Employer Actions Regarding Excise Tax 
21% 
36% 
4% 
39% 
Will do whatever is necessary to bring 
plan cost below threshold amounts 
Will attempt to bring cost below threshold 
amounts, but may not be possible 
Will take no special steps to reduce cost 
below threshold amounts 
Believe plan(s) are unlikely to ever trigger 
excise tax 
Cadillac Tax Cost Benchmarks (Tax Cost as % of Total Plan Costs) 
0% 
2% 
4% 
6% 
8% 
10% 
Energy/Transportation/Utility 
College/University 
Hospital/Healthcare 
Construction 
Financial 
Hospitality 
Manufacturing 
Biotech/Rx 
Municipality/Non-Profit 
Staffing 
Source: MMA National Benchmark Database of over 600 Employers, data as of 12/31/13
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
“PAY OR PLAY” STRATEGIES
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
•Plan alternatives 
–Offer a 60% value plan and position current plan as a buy-up option 
–Implement consumer-driven health plan 
–Consider alternative funding options (e.g., ASO, level funding, captives) 
–Private exchange 
•Contribution strategies 
–Increase dependent tier contributions to offset cost increases resulting from single tier contribution reduction and new opt-ins due to individual mandate 
–Create salary-based contribution, i.e. lower contributions only for those potentially eligible for penalty- generating subsidies (income below 400% of FPL) 
–Consider defined contribution approach 
•Health management 
–Implement results-driven population health management program 
–Leverage increased limits for results-based wellness incentives 
•Workforce management 
–Decrease number of staff working 30+ hours per week (reduce hours of those currently working just over 30 hrs/week) 
•Employee communications 
“PAY” 
Large ERs 2017 State Marketplace Options 
“PLAY” 
CDHP/Health Management/ Plan Design/ Contribution Strategy 
Defined Contribution/ Private Exchanges 
Alternatives to Consider for 2015
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
•CDHPs typically far exceed the 60% “test” but cost about 20% less than PPO and HMO coverage. 
–Enrollment nearly doubled in the last 3 years 
–40% of recently surveyed employers will offer CDHP 2013 
Source: Mercer Survey of Employer-Sponsored Health Plans 2012 
Medical Plan Cost Per Employee 
SAMPLE Minimum Value Plan Design 
High Deductible + HSA (Minimum 60% value; can be increased) 
In Network 
Out of Network 
Deductible 
$3,500 / $7,000 
$5,000 / $10,000 
HSA Account 
Employer and Employee Can Contribute up to $3,300/$6,550 
Plan Coinsurance 
80% 
Preventive Services 
100% 
Not covered 
Out of Pocket Maximum 
$6,3500 / $12,700 (incl. deductible) 
$10,000/ $20,000 (incl. deductible) 
Pharmacy 
Subject to deductible & coinsurance 
•Offer a base medical and pharmacy plan that equates to the minimal “sufficient” benefit plan under ACA 
CDHP MINIMUM VALUE 
Plan Design – CDHP & Minimum Value Plans
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Plan Design – Minimum Essential Coverage Plan 
•Minimum Essential Coverage (MEC): Broadly defined as government-sponsored program, employer-sponsored plan, individual coverage and “other coverage” as determined by HHS (no value specification) 
–Satisfies individual mandate and requirement that employer offer coverage to 95% of FT employees and children (70% of employees in 2015) or pay $2,000 per FT employee (- first 30 (-80 in 2015)) 
•Minimum Value (MV): Plan pays at least 60% of costs for allowed benefits 
–Employees with household incomes <400% FPL may qualify for a marketplace subsidy if the employer- sponsored plan (MEC) does not meet MV and/or is unaffordable, which triggers an employer penalty of $3,000 per FT employee that receives a subsidy 
•Lower-cost MEC that does not meet MV might be incorporated into a strategy that still enables employees to avoid individual penalties and employer to avoid some or all employer penalties: 
No coverage 
Minimum essential coverage (MEC) 
Affordable MEC meeting minimum value (MV) 
< 
< 
MEC is only option offered 
MEC is offered alongside affordable MV plan 
•Employee satisfies individual mandate 
•Employer avoids $2,000 penalty on all FT employees (-30 (-80 in 2015)) by offering coverage, but could be subject to $3,000 penalty for employees who receive subsidy due to insufficient plan value 
•Employee satisfies individual mandate 
•Employer avoids all penalties because affordable, sufficient coverage is offered, even if employees choose MEC plan
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MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
PUBLIC 
PRIVATE 
Plan Design – Private Insurance Exchange vs. Public Marketplace 
State or Federal Government 
Consultant/Broker, Insurer, Tech Firm 
SPONSOR 
Medical/Rx 
Dental, Vision, Life, Voluntary, +More 
PRODUCTS 
Individual 
Group 
CONTRACTS 
Single or Multiple 
CARRIERS 
Actives, Retirees 
ELIGIBLES 
Self-funded 
FUNDING 
Insured 
TOOLS 
Comparison 
Tools 
Decision Support, Education 
PAYMENT 
Employer Pre-Tax, Employee Pre-Tax 
Individual Post-Tax, Federal Subsidies 
ENROLLMENT 
Online and Telephonic 
Open 
ACCESS 
Closed
42 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
•Why are employers looking at a defined contribution approach to medical? 
–Reset how the employer and employee share the cost of coverage 
–Connect employees to their health care and its cost – and be a catalyst for employees to make better choices 
–Improve financial predictability in medical program budgeting 
–Parallel retirement plans’ transition from defined benefit to defined contribution 
Contribution Strategy – Defined Contributions 
Source: Mercer Survey of Employer-Sponsored Health Plans 2012 
Total percent of employers noted above using or considering a DC approach is 58%; the remaining 42% of employers surveyed are not considering a DC approach.
43 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Implement Results Driven 
Population Health Management Program 
Establish Cross Sectional Team 
Goals & Objectives 
Action Plan 
Leverage Data to Identify: 
Gaps in Care 
Predictive Modeling 
Value Based Benefits 
Health Management
44 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Strategies 
Monitor employees that are expected to work less than 30 hours/week 
Reset status for full-time employees to 30 hours per week 
Create additional classes for employees working between 30 & current FTE level that are FT Healthcare only 
Workforce Management 
•Under ACA some of labor pool and part time employees will be considered FTEs for health insurance in 2015
45 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
•Leverage changes in the health care landscape to reposition company value proposition and value of benefits package 
•Take advantage of public awareness to engage employees 
•Identify your audiences and their different needs/perceptions 
–Full-time employees 
–Part-time or variable hour employees 
–Union employees 
–Retirees 
•Incorporate educational themes that tie in with global strategies 
–How benefits work 
–Why health and engagement matters 
–Employee accountability 
–Reform and what employees need to know 
-What is the PPACA? 
-Why is it important to me? 
-What action must I take? 
-What’s in it for me if I act or don’t act? 
-Where do I go for more info? 
Employee Communications
46 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
Decision to Keep Coverage 
•Will employers keep coverage after 2015? 
–Recent surveys have shown that only 10-15% of employers plan to drop coverage 
•Why employers choose to keep coverage? 
–If employers wish to maintain the same level of employee compensation they will need to increase employee salaries to account for the cost of coverage elsewhere 
–Remain competitive in the marketplace for recruiting talent and reducing turnover 
–Allows employer to have control over the employee population’s overall health and productivity 
Employers Likely To Drop Coverage Within Next Five Years* 
Employer’s Likely Actions Regarding Employees Working 30+ Hours/Week** 
6% 
18% 
32% 
45% 
Make all employees working 30+ hours/week eligible for full-time employee plan(s) 
Make no change and pay penalty as necessary 
Add a lower-cost plan for employees that work fewer than 40 hours/week 
Change workforce strategy so that fewer employees work 30+ hours/week 
What Employers Are Considering 
Source: * Mercer Survey of Employer-Sponsored Health Plans 2012, ** Mercer Survey of Employer-Sponsored Health Plans 2011 
20% 6% 3% 19% 9% 4% 22% 7% 5% 10-499 employees500+ employees5000+ employees201020112012
47 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
What’s Next? 
“Pay or Play” Strategy 
•Determine whether additional modeling is required – e.g., alternative plan design, contribution or eligibility strategies 
•Evaluate potential workforce management strategies 
•Consider private exchange or SHOP (small employers) options 
•Review fiscal year transition relief status 
•Establish the use of safe harbors for the eligibility and affordability requirements – select measurement, stability and administrative periods and establish processes 
Other Upcoming HCR Requirements (2014) 
•Budget for additional HCR fees 
•Determine benchmark plan for EHB 
•Evaluate impact of: 
•EHB dollar limit prohibition 
•OOP maximum restriction 
•90-day waiting period limit 
•Dental & vision plan integration 
•Consider taking advantage of increased wellness incentive limits
48 
MARSH & McLENNAN AGENCY, LLC 
November 9, 2014 
No part of this document may be reproduced, quoted, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or by any information storage and retrieval system), without express, prior permission, in writing from Marsh & McLennan Agency, LLC Company. 
©2013 Marsh & McLennan Agency, LLC Company All Rights Reserved

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CPE Event: Affordable Care Act

  • 1. Health Care Reform Review Howard Einstein – President, Rosenfeld Einstein/ A Marsh & McLennan Agency Updates & Overviews
  • 2. 1 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Health Care Reform Topics of Discussion All material contained herein is confidential and the sole property of Marsh & McLennan Agency, LLC. For plan sponsor use only. Unauthorized distribution is prohibited. •MANDATED FEES AND REPORTING REQUIREMENTS •HEALTH PLAN IDENTIFIERS (HPID) •MEDICAID EXPANSION AND INSURANCE EXCHANGES •INDIVIDUAL AND EMPLOYER MANDATES •HIGH-VALUE PLAN TAX – Cadillac Tax •“PAY OR PLAY” STRATEGIES
  • 3. 2 MARSH & McLENNAN AGENCY, LLC November 9, 2014 MANDATED FEES AND REPORTING REQUIREMENTS
  • 4. 3 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Tax and Fee Provisions of PPACA DATE TAX OR FEE PROVISION FINANCIAL IMPACT 2010 10% tax on indoor tanning services Individual direct 2011 Tax on non-qualified withdraws increased from 10% to 20% for HSAs and from 15% to 20% for MSAs Individual direct 2011 Annual fees on pharmaceutical manufacturers/importers – increases from $2.3B to $4.8B per year over 10 years, apportioned among entities by market share Pass through in product costs 2012 Annual fee on insured and self-funded health plans to fund Patient Centered Outcomes Research, applicable plan years ending 10/1/12 through 9/30/19 – $1 per covered life in 1st year, $2 in 2nd year, indexed thereafter Pass through in insured premiums; employer direct for self-funded 2013 Employee Medicare tax increases from 2.9% to 3.8% for those earning $200K+/single or $250K+/couple; 3.8% tax also applied to investment income for same individuals Individual direct 2013 Elimination of business expense tax deduction for Medicare D expenses for employers receiving Part D subsidies Employer direct 2013 Annual fees on medical device manufacturers/importers – 2.3% of product sale price Pass through in product costs 2013 $500K per person limit on tax-deductible salary expenses for insurance companies ? 2013 Threshold for itemized medical deductions increases from 7.5% to 10% of income Individual direct 2014 Annual fees on health insurers – increases from $8B to $14.3B over 5 years and indexed thereafter, apportioned among insurers by market share Pass through in insured premiums 2014 Fees on insurers and self-funded plans for state transitional reinsurance programs for first 3 years state marketplaces are available – $63/person 1st year, $44 2nd year Pass through in insured premiums or employer direct 2018 40% excise tax on value in excess of thresholds for high-value health plans Employer direct
  • 5. 4 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Trio of Plan Fees Patient-Centered Outcomes Research Fee Transitional Reinsurance Fee Health Insurance Industry Fee What is it? •Annual plan year fee on insured and self insured plans beginning on/after 10/2/2011 •Annual calendar year fee on insured and self- insured plans, 2014-2016 •Annual fee on all insured plans beginning in 2014 Excludes Dental/Vision Excludes Dental/Vision Includes Dental/Vision How Much? •Annual fee of $1 PMPY, then $2 PMPY; indexed to medical inflation until 2019 •First payable July 2013 •$63 PMPY in 2014, $44 PMPY in 2015 •Projected to decrease again in 2016 Estimated costs: •2 to 2.5% for 2014 •3 to 4% for later years Who Pays? •FI: Carrier pays •SF: Employer must calculate and pay own fee •FI: Carrier pays •SF: Employer must calculate and pay own fee •Carrier pays •Applies to all insured plans and will be based on each insurer’s share (among all U.S. insurers)
  • 6. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6055 & 6056 Reporting Requirements Purpose 5 November 9, 2014 •The new ACA reporting for Applicable Large Employers are designed to answer the following questions to the IRS: •Who has coverage? •Section 6055 •Who might be eligible for a subsidy? •Section 6056
  • 7. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6055 Enforcing the Individual Mandate 6 November 9, 2014 Important to Note – Reporting requirements are for calendar year, without regard to plan year •Who has to file? –Anyone issuing Minimum Essential Coverage -Insurers -Self-Insured Plan Sponsors •Who gets filings? –IRS gets detail filing –Individual statements will go to employees who were covered by the plan during the calendar year.
  • 8. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6055 Reporting Detail 7 November 9, 2014 •Taxpayer ID number for all covered individuals, including spouses and dependents •What months were they covered? •Plan sponsor name, address and employer identification number •Individual employee statements will need to contain additional contact information of the plan sponsor
  • 9. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6056 Enforcing the Employer Shared Responsibility Mandate 8 November 9, 2014 Important to Note – Reporting requirements are for calendar year, without regard to plan year •Who has to file? –All Employers with 50 or more full time equivalents –Applicable Self Insured Plan Sponsors will file both 6055 & 6056 •Who gets filings? –IRS gets detail filing –All employees get year end statements
  • 10. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6056 Reporting Detail •Some of the detail information required on the return: –Certify appropriate coverage was offered to full time employees and their dependents -by month –Employee’s cost for the lowest cost plan for employee only tier -by month –Number of full time employees for each calendar month -by month –Name, address, taxpayer identification number of each full time employee - and months which they were covered under the plan, if applicable 9 November 9, 2014
  • 11. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6056 Additional Information •Alternative Reporting is available in some circumstances, and will lessen the burden of providing lowest level detail. Specific criteria must be met in each case: –Certification of Qualifying Offers –Certification of 98 Percent Offers •Transition Relief Certification –Medium Sized Employers, 50-99, will need to certify -FTE count -Workforce or hours were not significantly changed in order to comply with Transitional Relief between Feb 2014 and Dec 2014 -Health coverage was not significantly changed between Feb 2014 and Dec 2015 10 November 9, 2014
  • 12. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Section 6055 & 6056 Reporting Key Dates 11 November 9, 2014 Statements to employees by 1/31 Hard copy filings to IRS must be postmarked by 2/28 Electronic filings to IRS by 3/31 – required for 250 or more individuals IRS Forms not available yet– Drafts released July 2014
  • 13. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees Patient Centered Outcome Research Institute Fees (PCORI) 12 November 9, 2014 •Effective for calendar year plans through 2018 and non-calendar year plans through October 2, 2018 •Apply to accident and health coverage and self insured group plans –Fees typically do not apply to FSAs unless: -Employer contribution is at least $500 and -More than 2 x the employee salary reduction –Applies to COBRA or continuation coverage that provides accident and health coverage –May also apply to retiree-only plans, although typically exempt from other ACA requirements •The participant count is based on plan year and not calendar year
  • 14. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees Patient Centered Outcome Research Institute Fees (PCORI) 13 •Cost per participant: -$1 plan years ending before October 1, 2013 -$2 plan years ending on, or after, October 1, 2013 to October 1, 2014 -Fees after October 1, 2014 will be adjusted by HHS •Self Insured Plan sponsors can calculate PCORI fees by using one of the following methods: –Actual Count – using the sum of actual lives covered by day, dividing by number of days in the plan year –Snapshot – use count of lives on a specific day of the month or quarter, and divide by the number of dates picked (12 for monthly, 4 for quarterly) –Form 5500 – based on formulas using the totals on the form – details following November 9, 2014
  • 15. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees PCORI – Sample Table of Participant Count 14 November 9, 2014 Description of Plan HRA/105 FSA No Group Medical Plan Count each participant who is eligible to be reimbursed as a single life. No spouses or dependents Count each participant for whom there is an employer contribution as a single life. No spouse or dependents Fully Insured Group Medical Plan Count each eligible to be reimbursed participant as a single life. No spouses or dependents Count each participant for whom there is an employer contribution as a single life. No spouse or dependents Self Insured Group Medical Plan Count each participant who is not enrolled in the Group Medical as a single life. No spouses or dependents Count each participant who waived Group Medical and has an employer contribution. All plans covering dental/vision are not required to report. Including Limited Purpose FSA plans This should not be construed as legal or tax advice. Contact your tax advisor for complete filing instructions
  • 16. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees Transitional Reinsurance Fees 15 November 9, 2014 •New for 2014 calendar year •Apply to accident and health coverage and self insured group plans –HRAs, and FSAs plans are generally not required to assess the fee -contact your legal or tax advisor for your specific plan information –COBRA, continuation and retiree coverage typically assess the fee •The participant count is based calendar year not plan year •Cost per participant -2014 $63.00 or $5.25 per month -2015 $44.00 or $3.67 per month
  • 17. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees Transitional Reinsurance Fees 16 November 9, 2014 •Calculating Transitional Reinsurance Fee •Self Insured plans use Form 5500 method •If employee only coverage is offered: •Add the beginning and ending count shown on the form and divide by 2 •All other tiers offered: •Add beginning and ending counts together – effectively calculating 2 lives
  • 18. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC ACA Mandated Fees Transitional Reinsurance Fees 17 November 9, 2014 November 15, 2014 Plans send HHS headcount for the first 3 quarters of 2014 December 15, 2014 HHS will send out bills based on headcount submitted January 2015 Payment of $52.50 per covered life is due within 30 days to HHS 4th Quarter 2015 Balance of $10.50 is due to US Treasury REPORTING AND PAYMENT DATES
  • 19. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC HEALTH PLAN IDENTIFIER
  • 20. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Health Plan Identification Number (HPID) General Information •ACA requires a national unique identification number be assigned to each health plan - HPID •The 10 digit number will be used to streamline recording of standard transactions and designed to make processing more efficient •Health Insurers will be applying for HPIDs for fully insured plans •Self Insured Plan Sponsors will have to apply directly –Medical –HRA –FSA 19 November 9, 2014
  • 21. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Health Plan Identification Number (HPID) When to Apply •When to Apply: –Plans with more than $5 million in annual receipts -November 5, 2014 –Plans with less than $5 million in annual receipts -November 5, 2015 •All plans must be using the HPID number for transactions by November 2016 20 November 9, 2014 D E L A Y E D
  • 22. ROSENFELD EINSTEIN • MARSH & McLENNAN AGENCY, LLC Health Plan Identification Number (HPID) How to Apply •How to Apply –Online application process managed by CMS at CMS.gov -http://www.cms.gov/ -Regulations-and-Guidance -HIPAA-Administrative-Simplification -Affordable-Care-Act -Health-Plan-Identifier.html –Sponsors will be directed to the online enumeration system called HPOES - Health Plan and Other Entity Enumeration System -CMS estimates approximately 20 minutes to apply -You Tube videos are also available to walk through the process Search “HPID Controlling Health Plan Application Process” -Additional detailed written documentation available through your Account Manager 21 November 9, 2014
  • 23. 22 MARSH & McLENNAN AGENCY, LLC November 9, 2014 MEDICAID EXPANSION AND INSURANCE EXCHANGES
  • 24. 23 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Medicaid Expansion - Summary Family Size 100% of 2014 FPL 133% of 2014 FPL 138% of 2014 FPL 1 $11,670 $15,521 $16,105 2 $15,730 $20,921 $21,707 3 $19,790 $26,321 $27,310 4 $23,850 $31,721 $32,913 5 $27,910 $37,120 $38,516 6 $31,970 $42,520 $44,119 7 $36,030 $47,920 $49,721 8 $40,090 $53,320 $55,324 –Prior to this decision a state would have lost all federal Medicaid funding if it declined to expand eligibility –This provision was deemed unconstitutional, since it would have threatened existing funding as well •The following slide has a map outlining the state-by-state status of Medicaid expansion *Medicaid expansion is up to 133% of FPL; however, the first 5% of income is disregarded when assessing eligibility, which effectively makes the eligibility threshold 138% of FPL. •PPACA originally expanded Medicaid coverage to almost any individual under age 65 that had an income up to 133%* of the Federal Poverty Level –This expansion was designed to significantly reduce the number of uninsured Americans –The federal government will pay a very high share of Medicaid cost to states who expand their eligibility to 133%* •The SCOTUS decision on PPACA determined that states are not required to expand Medicaid coverage
  • 25. 24 MARSH & McLENNAN AGENCY, LLC November 9, 2014 State Medicaid Expansion Status as of January 2014 Source: The Kaiser Family Foundation http://kff.org/medicaid/state-indicator/state-activity-around-expanding-medicaid-under-the-affordable-care-act/#map, accessed 2/6/14. States that are implementing the Medicaid Expansion in 2014 and states not moving forward at this time are based on data from the Centers for Medicare and Medicaid Services, available at: http://medicaid.gov/AffordableCareAct/Medicaid- Moving-Forward-2014/Medicaid-and-CHIP-Eligibility-Levels/medicaid-chip-eligibility-levels.html. States noted as “Open Debate” are based on Kaiser Commission on Medicaid and the Uninsured analysis of State of the State Addresses, recent public statements made by the Governor, issuance of waiver proposals or passage of a Medicaid expansion bill in at least one chamber of the legislature. Expanding Coverage (26) Open Debate (6) IL NY PA NJ DE MD WV MT WA ID OR TX ND MN WI MI VA NC SC GA FL AL MS LA NM AZ WY SD NE CO KS OK IA MO AR IN KY TN HI AK CA NV UT ME NH VT CT RI MA DC OH Not Moving Forward At This Time (19)
  • 26. 25 MARSH & McLENNAN AGENCY, LLC November 9, 2014 •Public (State/Federal) Insurance Exchanges –Exchanges are to be set up by each state to provide a platform for individuals to purchase health coverage –If a state does not set up an exchange by 2014 a federal exchange will be set up in place of the state exchange –Small employers (1-100) will have access to purchase coverage through Small Business Health Options Program (SHOP) exchanges (states can restrict this to 1-50 until 2016) –Large employers (100+) may have access to purchase coverage through state exchanges starting in 2017, at the state’s discretion –The following slide has a map outlining the state by state status of exchange setup •Private Insurance Exchange –Marketplace with health only or core and supplemental product offerings across many benefits and services –Exchange sponsor stocks products and manages end-to-end consumer experience Insurance Marketplace Summary
  • 27. 26 MARSH & McLENNAN AGENCY, LLC November 9, 2014 State Health Insurance Marketplace 2014 Status Federal Marketplace (27) State Marketplace (17) State-Federal Partnership Marketplace (7) Source: Kaiser Family Foundation http://kff.org/health-reform/state-indicator/health-insurance-exchanges, accessed 1/15/14 IL NY PA NJ DE MD WV MT WA ID OR TX ND MN WI MI VA NC SC GA FL AL MS LA NM AZ WY SD NE CO KS OK IA MO AR IN KY TN HI AK CA NV UT ME NH VT CT RI MA DC OH
  • 28. 27 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Subsidies available, employer shared responsibility penalties may apply Marketplace Subsidy & Medicaid Expansion Income Segments Single Individual Family of Four % of FPL Annual Household Income Those with household income in excess of 400% of Federal Poverty Level NOT eligible for subsidy through marketplace 400% $46,680 $95,400 300% $35,010 $71,550 200% $23,240 $47,700 150% $17,505 $35,775 138% $16,105 $32,913 133% $15,521 $31,721 100% $11,670 $23,850 * Medicaid expansion eligibility threshold is 133% of FPL; however, first 5% of income is disregarded when determining household income level Note: Numbers represent 2014 FPL figures <138%* FPL <100% FPL 138%*- 400% FPL 100%-400% FPL >400% FPL >400% FPL 0% 100% 200% 300% 400% 500% 600% With Medicaid Expansion Without Medicaid Expansion Household Income as % of FPL Income Segments Under Health Reform
  • 29. 28 MARSH & McLENNAN AGENCY, LLC November 9, 2014 INDIVIDUAL AND EMPLOYER MANDATES
  • 30. 29 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Employer Plan Federal or State Exchange Medicaid Pay Penalty Employee Choices 2014 Individual Mandate Summary •Individuals must have qualifying minimum coverage or pay tax penalty. Potential annual penalties are: –2014: greater of $95 per individual or 1% of household income* –2015: greater of $325 per individual or 2% of household income* –2016: greater of $695 per individual or 2.5% of household income* •Individuals with no employer coverage or with “insufficient” or “unaffordable” employer coverage are eligible for public Exchange coverage and may receive a federal tax credit subsidy (sliding scale based on income). *Penalty cannot exceed the national average cost for Bronze plans in the exchange
  • 31. 30 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Employer Mandate Summary Applicable to employers with 100 or more full-time equivalent employees in 2015; applicable to employers with 50 or more full-time equivalent employees in 2016: Yes Yes Yes Do you offer coverage to at least or 95% of FT employees and their children (70% of employees only in 2015)? Are plan benefits sufficient? Is the coverage affordable? No Penalty Employer pays the lesser of $3,000 per affected FT employee who receives a tax credit, or $2,000 for every FT employee minus the first 30 Employer pays $2,000 for every FT employee minus the first 30 (minus 80 in 2015) if at least 1 FT employee receives a tax credit No No No “Insufficient” Benefits – plan’s actuarial value is <60% (benefits pay less than 60% of cost of services) “Unaffordable” Benefits – household income <400% federal poverty level ($46K single, $94K family) and single-tier contribution for lowest cost sufficient plan is >9.5% of employee’s W-2 income Full-Time Employee – employee working avg. 30+ hrs/wk •“Pay” – If employer plan is not offered at all or is offered to less than 95% of FT employees and their children (70% of employees only in 2015) and 1 or more FT employee receives the marketplace coverage tax credit subsidy, employer pays penalty of $2,000/FT employee minus the first 30 FT employees (minus 80 in 2015) •“Play” – If coverage is offered to 95%+ of FT employees and children (70% of employees only in 2015) but is “insufficient” or “unaffordable” and 1 or more FT employee receives the marketplace coverage tax credit subsidy, employer pays penalty of $3,000/FT employee receiving subsidy (or $2,000 per FT employee, if less)
  • 32. 31 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Employer Mandate Example Employer Penalty Insurance Not Offered OR Is Insufficient or Unaffordable Full-Time Employee Obtains Insurance in an Exchange That Is Subsidized EE Contribution Plan A Plan B Plan C EE Only $50 $100 $150 EE+Sp $250 $350 $450 EE+Ch $300 $400 $500 EE+Fam $500 $600 $850
  • 33. 32 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Additional Clarifications Affecting Employer Mandate •Offering major medical to 95% or more of full-time (30 or more hours/week) employees and their children will be seen as offering to all employees for determining an employer’s exposure to the $2,000 eligibility penalty under the employer mandate (threshold is 70% of employees only in 2015) –Still exposure to $3,000 penalty for employees under threshold who are not offered coverage or for employees offered unaffordable coverage –Spouses do not have to be offered coverage –Does not apply to employees during time working overseas –Affordability test can be based on end-of-year W-2 income, rate of pay or FPL method •Transitional relief is available for non-calendar year plans that meet certain requirements, e.g. 1/3 or 1/4 rule on all employees or 1/2 or 1/3 rule on all full-time employees •Common control employer groups will only be considered in determining if a member employer is a large employer; penalties will be determined separately for each employer in the applicable controlled group •Measurement and stability period safe harbor process has been proposed to assist employers in determining FT status of variable hour and seasonal employees, which allows a window of 3 – 12 months in which to do so •IRS will contact employer if there’s potential liability, but not before individual tax filing dates for that previous calendar year
  • 34. 33 MARSH & McLENNAN AGENCY, LLC November 9, 2014 2015 Auto Enrollment Individual Mandate Medicaid Expansion Expanded Eligibility How Do I Account For: Penalties Compensation increases due to loss of benefits? Employer Mandate Financial Considerations
  • 35. 34 MARSH & McLENNAN AGENCY, LLC November 9, 2014 MMA “Pay or Play” Benchmark Data – General Impact & Cost Impact by Industry 20% 80% Impacted Not Impacted 42% 58% Impacted Not Impacted 0% 10% 20% 30% 40% 50% 60% 70% Biotech/Rx Financial Hospital/Healthcare Municipality/Non-Profit Manufacturing College/University Construction Energy/Transportation/Utility Staffing Hospitality Compliant Strategy Current Strategy Employers Impacted By “Pay” Penalty Employers Impacted By Affordability & Sufficiency Penalties Cost Impact Of Compliance Source: MMA National Benchmark Database of over 600 Employers, data as of 12/31/13
  • 36. 35 MARSH & McLENNAN AGENCY, LLC November 9, 2014 HIGH-VALUE PLAN TAX
  • 37. 36 MARSH & McLENNAN AGENCY, LLC November 9, 2014 High Value (“Cadillac”) Plan Excise Tax Summary Source: Mercer Survey of Employer-Sponsored Health Plans 2011 •Includes medical/Rx, individual reimbursement accounts, EAP, and onsite medical clinics •2018 thresholds are $10,200 for single coverage and $27,500 for family coverage – will be indexed annually thereafter based on CPI •40% excise tax on the coverage value that exceeds these thresholds •Threshold adjustments permitted for pre-65 retirees, high-risk professions, significant age/gender factors, and multi-employer plans Most Likely Employer Actions Regarding Excise Tax 21% 36% 4% 39% Will do whatever is necessary to bring plan cost below threshold amounts Will attempt to bring cost below threshold amounts, but may not be possible Will take no special steps to reduce cost below threshold amounts Believe plan(s) are unlikely to ever trigger excise tax Cadillac Tax Cost Benchmarks (Tax Cost as % of Total Plan Costs) 0% 2% 4% 6% 8% 10% Energy/Transportation/Utility College/University Hospital/Healthcare Construction Financial Hospitality Manufacturing Biotech/Rx Municipality/Non-Profit Staffing Source: MMA National Benchmark Database of over 600 Employers, data as of 12/31/13
  • 38. 37 MARSH & McLENNAN AGENCY, LLC November 9, 2014 “PAY OR PLAY” STRATEGIES
  • 39. 38 MARSH & McLENNAN AGENCY, LLC November 9, 2014 •Plan alternatives –Offer a 60% value plan and position current plan as a buy-up option –Implement consumer-driven health plan –Consider alternative funding options (e.g., ASO, level funding, captives) –Private exchange •Contribution strategies –Increase dependent tier contributions to offset cost increases resulting from single tier contribution reduction and new opt-ins due to individual mandate –Create salary-based contribution, i.e. lower contributions only for those potentially eligible for penalty- generating subsidies (income below 400% of FPL) –Consider defined contribution approach •Health management –Implement results-driven population health management program –Leverage increased limits for results-based wellness incentives •Workforce management –Decrease number of staff working 30+ hours per week (reduce hours of those currently working just over 30 hrs/week) •Employee communications “PAY” Large ERs 2017 State Marketplace Options “PLAY” CDHP/Health Management/ Plan Design/ Contribution Strategy Defined Contribution/ Private Exchanges Alternatives to Consider for 2015
  • 40. 39 MARSH & McLENNAN AGENCY, LLC November 9, 2014 •CDHPs typically far exceed the 60% “test” but cost about 20% less than PPO and HMO coverage. –Enrollment nearly doubled in the last 3 years –40% of recently surveyed employers will offer CDHP 2013 Source: Mercer Survey of Employer-Sponsored Health Plans 2012 Medical Plan Cost Per Employee SAMPLE Minimum Value Plan Design High Deductible + HSA (Minimum 60% value; can be increased) In Network Out of Network Deductible $3,500 / $7,000 $5,000 / $10,000 HSA Account Employer and Employee Can Contribute up to $3,300/$6,550 Plan Coinsurance 80% Preventive Services 100% Not covered Out of Pocket Maximum $6,3500 / $12,700 (incl. deductible) $10,000/ $20,000 (incl. deductible) Pharmacy Subject to deductible & coinsurance •Offer a base medical and pharmacy plan that equates to the minimal “sufficient” benefit plan under ACA CDHP MINIMUM VALUE Plan Design – CDHP & Minimum Value Plans
  • 41. 40 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Plan Design – Minimum Essential Coverage Plan •Minimum Essential Coverage (MEC): Broadly defined as government-sponsored program, employer-sponsored plan, individual coverage and “other coverage” as determined by HHS (no value specification) –Satisfies individual mandate and requirement that employer offer coverage to 95% of FT employees and children (70% of employees in 2015) or pay $2,000 per FT employee (- first 30 (-80 in 2015)) •Minimum Value (MV): Plan pays at least 60% of costs for allowed benefits –Employees with household incomes <400% FPL may qualify for a marketplace subsidy if the employer- sponsored plan (MEC) does not meet MV and/or is unaffordable, which triggers an employer penalty of $3,000 per FT employee that receives a subsidy •Lower-cost MEC that does not meet MV might be incorporated into a strategy that still enables employees to avoid individual penalties and employer to avoid some or all employer penalties: No coverage Minimum essential coverage (MEC) Affordable MEC meeting minimum value (MV) < < MEC is only option offered MEC is offered alongside affordable MV plan •Employee satisfies individual mandate •Employer avoids $2,000 penalty on all FT employees (-30 (-80 in 2015)) by offering coverage, but could be subject to $3,000 penalty for employees who receive subsidy due to insufficient plan value •Employee satisfies individual mandate •Employer avoids all penalties because affordable, sufficient coverage is offered, even if employees choose MEC plan
  • 42. 41 MARSH & McLENNAN AGENCY, LLC November 9, 2014 PUBLIC PRIVATE Plan Design – Private Insurance Exchange vs. Public Marketplace State or Federal Government Consultant/Broker, Insurer, Tech Firm SPONSOR Medical/Rx Dental, Vision, Life, Voluntary, +More PRODUCTS Individual Group CONTRACTS Single or Multiple CARRIERS Actives, Retirees ELIGIBLES Self-funded FUNDING Insured TOOLS Comparison Tools Decision Support, Education PAYMENT Employer Pre-Tax, Employee Pre-Tax Individual Post-Tax, Federal Subsidies ENROLLMENT Online and Telephonic Open ACCESS Closed
  • 43. 42 MARSH & McLENNAN AGENCY, LLC November 9, 2014 •Why are employers looking at a defined contribution approach to medical? –Reset how the employer and employee share the cost of coverage –Connect employees to their health care and its cost – and be a catalyst for employees to make better choices –Improve financial predictability in medical program budgeting –Parallel retirement plans’ transition from defined benefit to defined contribution Contribution Strategy – Defined Contributions Source: Mercer Survey of Employer-Sponsored Health Plans 2012 Total percent of employers noted above using or considering a DC approach is 58%; the remaining 42% of employers surveyed are not considering a DC approach.
  • 44. 43 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Implement Results Driven Population Health Management Program Establish Cross Sectional Team Goals & Objectives Action Plan Leverage Data to Identify: Gaps in Care Predictive Modeling Value Based Benefits Health Management
  • 45. 44 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Strategies Monitor employees that are expected to work less than 30 hours/week Reset status for full-time employees to 30 hours per week Create additional classes for employees working between 30 & current FTE level that are FT Healthcare only Workforce Management •Under ACA some of labor pool and part time employees will be considered FTEs for health insurance in 2015
  • 46. 45 MARSH & McLENNAN AGENCY, LLC November 9, 2014 •Leverage changes in the health care landscape to reposition company value proposition and value of benefits package •Take advantage of public awareness to engage employees •Identify your audiences and their different needs/perceptions –Full-time employees –Part-time or variable hour employees –Union employees –Retirees •Incorporate educational themes that tie in with global strategies –How benefits work –Why health and engagement matters –Employee accountability –Reform and what employees need to know -What is the PPACA? -Why is it important to me? -What action must I take? -What’s in it for me if I act or don’t act? -Where do I go for more info? Employee Communications
  • 47. 46 MARSH & McLENNAN AGENCY, LLC November 9, 2014 Decision to Keep Coverage •Will employers keep coverage after 2015? –Recent surveys have shown that only 10-15% of employers plan to drop coverage •Why employers choose to keep coverage? –If employers wish to maintain the same level of employee compensation they will need to increase employee salaries to account for the cost of coverage elsewhere –Remain competitive in the marketplace for recruiting talent and reducing turnover –Allows employer to have control over the employee population’s overall health and productivity Employers Likely To Drop Coverage Within Next Five Years* Employer’s Likely Actions Regarding Employees Working 30+ Hours/Week** 6% 18% 32% 45% Make all employees working 30+ hours/week eligible for full-time employee plan(s) Make no change and pay penalty as necessary Add a lower-cost plan for employees that work fewer than 40 hours/week Change workforce strategy so that fewer employees work 30+ hours/week What Employers Are Considering Source: * Mercer Survey of Employer-Sponsored Health Plans 2012, ** Mercer Survey of Employer-Sponsored Health Plans 2011 20% 6% 3% 19% 9% 4% 22% 7% 5% 10-499 employees500+ employees5000+ employees201020112012
  • 48. 47 MARSH & McLENNAN AGENCY, LLC November 9, 2014 What’s Next? “Pay or Play” Strategy •Determine whether additional modeling is required – e.g., alternative plan design, contribution or eligibility strategies •Evaluate potential workforce management strategies •Consider private exchange or SHOP (small employers) options •Review fiscal year transition relief status •Establish the use of safe harbors for the eligibility and affordability requirements – select measurement, stability and administrative periods and establish processes Other Upcoming HCR Requirements (2014) •Budget for additional HCR fees •Determine benchmark plan for EHB •Evaluate impact of: •EHB dollar limit prohibition •OOP maximum restriction •90-day waiting period limit •Dental & vision plan integration •Consider taking advantage of increased wellness incentive limits
  • 49. 48 MARSH & McLENNAN AGENCY, LLC November 9, 2014 No part of this document may be reproduced, quoted, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or by any information storage and retrieval system), without express, prior permission, in writing from Marsh & McLennan Agency, LLC Company. ©2013 Marsh & McLennan Agency, LLC Company All Rights Reserved