Are You Required To Provide Health Care Insurance To Your Employees

The single most expensive benefit offered by employers to employees is Health Insurance. Health insurance is extremely important to most employees and is therefore a very powerful benefit in recruiting and retaining the best workers.  This is health coverage for employees paid for by the employer (with or without some employee contributions).  It is a benefit potential employees look for when determining where to seek employment.  

 

Federal law does not mandate employers provide health care for their employees if they have under 50 employees.  The Affordable Care Act does mandate that employers with over 50 employees provide health insurance.  However, once an employer with under 50 employees decides to offer medical benefits to their employees federal laws such as HIPPA and  COBRA comes into play.  If it is offered to one employee it must be offered to all employees.

 

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.  It also requires employers to do certain things, such as provide notice.

The Health Insurance Portability & Accountability Act (HIPAA) does prohibit insurance agencies from discriminating against employees and dependents based on their health status. It limits exclusions for pre-existing medical conditions.

 

Small group health insurance provided by insurers is regulated by the states. All States (except for HI) do not mandate employers provide health care for their employees.  However, some states do mandate that certain type of insurance coverage must be provided if employers chose to provide health insurance to their employees.

 

In an effort to provide health insurance to those citizens without it, several states recently introduced legislation focused on providing universal health coverage. Check with your state insurance department to understand the current laws in your state and how they might affect small businesses.  (A word of caution: most States’ Insurance Department websites are focused on providing information to insurance agencies that they regulate and to individuals).

 

Another reform of the healthcare system comes in the form of the Patient Protection and Affordable Care Act (HR.35.90) was signed into law by President Obama on March 23, 2010.  Learn more about the new law and how it impacts your business.

 

Employers who decide to provide health insurance to their employees will normally do so under one of two type of Group plans; Indemnity or Managed Care.

Indemnity Plans

Indemnity plans are also known as "traditional indemnity," "fee-for-service," or "FFS" plans.

 

These major medical plans typically have a deductible – the amount you pay before the insurance company begins paying benefits. After your covered expenses exceed the deductible amount, benefits usually are paid as a percentage of actual expenses, often 80 percent. These plans usually provide the most flexibility in choosing where to receive care.

Managed Care Plans

Managed Care Plans: There are three basic types of managed care plans: HMOs, PPOs,  and POS plans.

Health Maintenance Organization (HMO) plans – These major medical plans usually make the insured choose a primary care physician (PCP) from a list of network providers. Your PCP is responsible for managing all of your healthcare. If you need care from any network provider other than your PCP, you may have to get a referral from the PCP to see that provider. The insured person must receive care from a network provider in order to have the claim paid through the HMO. Treatment received outside the network is usually not covered, or covered at a significantly reduced level.

Preferred Provider Organization (PPO) plans – In these major medical plans, the insurance company enters into contracts with selected hospitals and doctors to furnish services at a discounted rate. As a member of a PPO, you may be able to seek care from a doctor or hospital that is not a preferred provider, but you will probably have to pay a higher deductible or co-payment.

Point of Service (POS) plans – These major medical plans are a hybrid of the PPO and HMO models. They are more flexible than HMOs, but do require you to select a PCP. Like a PPO, you can go to an out-of-network provider and pay more of the cost. However, if the PCP refers you to an out-of-network doctor, the health plan will pay the cost.

Health Savings Account (HSA) and High Deductible Health Plans (HDHP)

Health Savings Accounts (HSA) is not health insurance. Rather, it is a savings plan that offers an alternate way for consumers to pay for their healthcare. HSAs enable you to pay for current health expenses and save/invest for future qualified medical and retiree health expenses on a tax-free basis. Health Savings Accounts (HSAs) were created by the Medicare bill signed by President Bush on December 8, 2003.  Changes to HSA took effect in 2011 under the Affordable Care Act.  Visit the IRS to review the changes

In order to open an HSA, an individual must be covered by a  High Deductible Health Plans (HDHP). Sometimes referred to as a “catastrophic” health insurance plan, an HDHP is an inexpensive health insurance plan that generally does not pay for the first several thousand dollars or more of healthcare expenses (i.e., the “deductible”) but will generally cover health expenses after that. 

For 2006, in order to qualify to open an HSA, your HDHP minimum deductible was at least $1,050 (self-only coverage) or $2,100 (family coverage). The annual out-of-pocket expense (including deductibles and co-pays) for 2006 could not exceed $5,250 (self-only coverage) or $10,500 (family coverage). 

This is not a substitute for employers who do not want to provide health insurance to their employees. 

Health Care Cost

What is the average cost for health care for every employee you hire.

Suggestions for Employers To Reduce Health Insurance Cost

Have a high deductible:  This discourages casual use by having the employee pay the first dollars. With some of the money you save, you could contribute towards the deductible.

Limit family coverage:  Don't pay the family coverage for an employee whose spouse is covered under another plan.

Offer only a major medical plan: This approach makes the employee responsible for day-to-day health care, while your program would help out for major care.

Insist on pre-admission review always:  This could reduce in-hospital procedures, making them out-patient services.

Piggy-back on another company's policy:  Trade associations, cooperatives, suppliers, or other business affiliates offer health insurance policies at reduced rates.

Find Health Insurance Service Providers

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Resources

COBRA (Consolidated Omnibus Budget Reconciliation Act)
COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end.

Employee Retirement Income Security Act (ERISA)
Most private sector health plans are covered by the ERISA. Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans (participant rights), including providing access to plan information.

The Department of Labor's Employee Benefits Security Administration (EBSA) is responsible for administering and enforcing the provisions of ERISA.

Department of Labor Health & Benefits Web Page