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Many business owners are still confused about health care reform and how it affects their company. FrankCrum's Human Resources Director David Peasall is an expert in the area of the Affordable Care Act. This is his webinar presentation that educates and clarifies how the new law affects employers and business owners.
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Are You Ready for Health CareReform in 2014?
Are You Ready for Health Care Reform in 2014?
David Peasall, SPHRPresenter
Director of Human Resources, FrankCrum
Cristina LachowynModerator
Digital Marketing Specialist, FrankCrum
#ACAFrankCrum
All employers are affected by the Affordable Care Act!
What category am I in?
Are You Ready for Health Care Reform in 2014?
Offering Health Coverage Not Offering Health Coverage
Large Employer 100 or more Large Employer 100 or more
Large Employer 50-99 Large Employer 50-99
Small Employer 49 or less Small Employer 49 or less
What do I need to know about the February 2014 Employer Mandate Regulations?
Is my company large or small?
Do I have to offer health coverage to my employees?
What happens if I don’t?
Are You Ready for Health Care Reform in 2014?
What is a variable hour employee? Do I have any?
What’s an Exchange Notice?
How can I help employees understand the Individual Mandate?
Are You Ready for Health Care Reform in 2014?
The Employer Mandate
Are You Ready for Health Care Reform in 2014?
or
It means:Some businesses must either provide coverage - or pay a penalty.
Is My Company Large or Small?
An applicable large employer has 50 or more full and full time equivalent employees.• Fulltime = 30 or more hours of service• Fulltime Equivalent = all other ee’sCategorize ALL your employees by hours only in this step
Important note: This includes controlled groups and affiliated services groups. Call your CPA or Corporate Legal Counsel if you have these.
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees• Penalty potential• Offer to at least 70% (95% begins in 2016)
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees • Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees • Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• 90 days • Plan design• W2
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees • Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• 90 days • Plan design• W2
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• Evaluate coverage cost vs. penalty cost
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees• Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• 90 days • Plan design• W2
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• Evaluate coverage cost vs. penalty cost
Small Employer 49 or less• No employer mandate• Count and document• Exchange Notice• 90 days • Plan design• W2
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees • Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• 90 days • Plan design• W2
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• Evaluate coverage cost vs. penalty cost
Small Employer 49 or less• No employer mandate• Count and document• Exchange Notice• 90 days • Plan design• W2
Small Employer 49 or less• No employer mandate• Count and document• Exchange Notice• Offer coverage to attract and retain
Employer Mandate is effective January 1st, unless…
Several criteria may allow an employer to have a compliance date as of the plan renewal date (vs. January 1st) if the employer…
• Does not reduce the size of its workforce or the overall hours of service of its employees from 2/9/14-12/31/14 to get below 100
• Does not eliminate or materially reduce health coverage offered as of 2/9/14
• Maintains no less than 95% of the employer contribution amount• Has a minimum value plan• Does not narrow or reduce eligibility classes • Had the plan on 12/27/2012• Did not modify the plan renewal date to a later date• Enrolled 25% or offered to 33%• Certifies to the IRS in writing they meet these requirements
Are You Ready for Health Care Reform in 2014?
Transition rule for determining large employer status for 2015• May use a period of as few as six consecutive calendar months
during the 2014 calendar year
• Seasonal Worker exception applies on a calendar year basis
IRS specifically confirms that an employee’s opportunity to enroll in PEO sponsored coverage qualifies as an offer of coverage for the client employer to be in compliance with the Employer Mandate!
Are You Ready for Health Care Reform in 2014?
• ACA Company Size Calculator
• Health Care Reform Summary
• Listen to the on-demand webinar at FrankCrum.com
http://www.frankcrum.com/business-resources/affordable-care-act/
Is My Company Large or Small?
Is My Company Large or Small?
Let’s try going through a sample calculation:
Large Employers Have Two Options:#1 – Offer minimum essential coverage
OR
#2 – Pay the tax penalty2015: 100 fulltime employees minus 80 (2015 only) = 20 X $2,000 = $40,000)
75 fulltime employees (no employer mandate in 2015 for employers 50-99)
2016: 100 fulltime employees minus 30 = 70 X $2,000 = $140,00075 fulltime employees minus 30 = 45 X $2,000 = $90,000
Do I Have to Offer Health Coverageto My Employees?
Everyone is affected by the Affordable Care Act!
But if you’re a large employer – there are some important requirements you need to know about.
Do I Have to Offer Health Coverageto My Employees?
No
Yes
No
Yes
No
Yes
No
Yes
Yes
No
Yes
Yes
Do you have at least 50 full-time and full-time equivalent (FTE)
employees?
No Penalty
Did you miss offering coverage to up to 5 or
5% of full-time employees?
Annual tax penalty $2,000 x (# of full-
time employees -30)
Monthly penalty is 1/12th of $3,000 per
month covered x (# of full-time employees
receiving an Exchange tax credit),
not to exceed $2,000 x (# of full-
time minus 30).
Does the plan have Minimum Value and is
it Affordable Coverage?
Do you offer a plan providing MEC to at least 95% of all full-time employees and their dependents?
No Penalty
Start
Pay or Provide Decision Chart
TerminologyFull-time and Full-time Equivalent Employees –Add the total number of full-time employees (30 hours or more per week) for the month, plus the total number of hours worked in a month by all other employees, divided by 120). Reduce for Seasonal Worker exception if applicable.
Affordable Coverage –The paycheck cost of the employee only tier of coverage must not exceed 9.5% of employee’s pay.
Minimum Value Plan –Plan that covers at least 60% of health care expenses.
Minimum Essential Coverage (MEC) – A plan providing certain PPACA required benefits.
Is any employee enrolled in
an Exchange
and receiving a tax credit subsidy?
100 ee’s + 70% 2015 only
100 ee’s + -80 2015 only
See the “Pay or Provide Calculator” at FrankCrum.com
Are You Ready for Health Care Reform in 2014?
1. 90 day maximum waiting period
How are Health Care Plan Requirements Changing?
2. W-2 Reporting
• Based on applicability date in 2014
• Offering coverage as of “the first of the month following 90 days of employment” is no longer allowed
• Total annual premium of the employer sponsored health coverage
Plan design:• No annual or lifetime limits• No more pre-existing conditions• Dependents must be covered up to age 26• Child vision/dental must be included in the plan
How are Health Care Plan Requirements Changing?
What if not all of my employees work the same number of hours in a given work week?
Do I have to offer them health care coverage?
What is a Variable Hour Employee?
These are called “Variable Hour Employees” – and they need to be accounted for!
What is a Variable Hour Employee?
Variable Hour Employer Calculator
All employers must provide this notice to every employee!
1. Within 14 days of employment
2. Must answer basic questions: • What plans are offered?• Number of hours required?• What is “affordable” according to ACA?• What is a plan’s “minimum value”?• Who is your company’s contact person?
What is an Exchange Notice?
What is an Exchange Notice?
SampleModelNotice
See the “Guide to Health Care Reform for Individuals” at FrankCrum.com
How Can I Help Employees Understand the Individual Mandate?
2014
1. Track employee hours per calendar month to determine small or large employer status for 2015
2. Waiting periods must be no longer than 90 days
3. File health plan information on the business tax return (voluntary)
4. Individual mandate in effect: obtain coverage or pay the tax penalty
5. Exchange Notices must be provided to all new employees within 14 days of employment
6. Watch for more regulations (such as tax filing forms 6055 and 6056 and discrimination testing)
When Does All of This Take Effect?
2015
1. Employer mandate begins for employers of 100 or more employees - provide coverage in 2015 or pay the tax penalty in 2016
2. File health plan information on business tax return
3. Individual mandate tax increases
When Does All of This Take Effect?
What Category am I in?
Offering Health Coverage Not Offering Health CoverageLarge Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• 90 days • Plan design• W2• Variable hour/seasonal employees• Penalty potential• Offer to at least 70% (95% begins in 2016)
Large Employer 100 or more (2015 category only)• Mandate applies in 2015• Count and document• Exchange Notice• Evaluate offering coverage vs. penalty cost
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• 90 days • Plan design• W2
Large Employer 50-99 (2015 category only)• Mandate begins in 2016• Count and document• Exchange Notice• Evaluate coverage cost vs. penalty cost
Small Employer 49 or less• No employer mandate• Count and document• Exchange Notice• 90 days • Plan design• W2
Small Employer 49 or less• No employer mandate• Count and document• Exchange Notice• Offer coverage to attract and retain
David Peasall, Human Resources Director – [email protected]
Sue Fay, Benefits Manager – [email protected]
FrankCrum: 877-695-6207
http://www.frankcrum.com/blog
Legal Notice – The purpose of this information is to assist in the discussion of risk, concerns and general requirements. It is not legal counsel, tax advice or judgment of a business’s compliance or non-compliance. It is recommended that you
seek qualified tax and legal counsel familiar with your particular circumstances before taking any action.
Need Help?
Are You Ready for Health Care Reform in 2014?