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Hurricane Warning

Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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Wondering how you can continue to grow, or even survive, in the face of Obamacare and increased healthcare costs? Fellow business owner Rich Boehling, who runs a company with 380 employees, shared the unique strategy he has implemented in his company to turn this big problem into a big opportunity. A FREE, comprehensive white paper, additional details, and many of the resources Rich used in developing his strategy can be found at http://www.pbjandaca.com/. "ACA Business Strategies: Workshop for Employers of Vulnerable Wage Populations" presented by: Rich Boehling, President and CEO of Productiv Inc. (http://getproductiv.com/) on May 22, 2013 at the Virginia Society of Certified Public Accountants 12th Annual Industry Conference (http://www.vscpa.com/).

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Page 1: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Hurricane Warning

Page 2: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

ACA Business StrategiesWorkshop for Employers of

Vulnerable Wage populations

Presented by: Rich Boehling

President and CEO of Productiv [email protected]

Page 3: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

•Property•Provisions•Processes •People

3

Page 4: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

•Property•Provisions•Processes •People

ACA has significant impact on some percentage of this “P”

4

Page 5: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

5

ACMEPBJCo.

Page 6: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME PBJ

ACME PBJ: 2012 YE

BASELINE: $216,000

$216,000

Page 7: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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Population<$15/hr

Population 15<23/hr

Population >23/hr

0% 10% 20% 30% 40% 50% 60%

ACME PBJ Co Census

Data Source: Bureau of Labor Statistics

Page 8: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME “PAY”

ACME 2014 Forecast

Down $196,000

PAY Fines$216,000

$20,000

Base Adjustment: -$ Net Sales 7,500,000.00$

Base Adjustment: -$ Cost of Goods Sold 6,100,000.00$

Gross Profit (Loss) 1,400,000.00$

Base Adjustment: HCP savings (140,000.00)$ Total Expenses 900,000.00$

Net Income 500,000.00$

Owner's Tax 200,000.00$

After Tax Income (Loss) 300,000.00$

ACA Penalties: 140 FTEs at 2000 each 280,000.00$

SG&A Expenses

INCOME Tax

EXCISE Tax

PAY CASEACME PBJ12/31/2014

Financial Statements in U.S. Dollars

Revenue

Cost of Goods Sold

Cancel Plan

Page 9: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

9

ACME Wants to Play

7 9 11 13 15 17 19 21 23 25 27 29 31 $-

$500.00

$1,000.00

$1,500.00

$2,000.00

$2,500.00

$3,000.00

$3,500.00

$4,000.00

$4,500.00

Hourly Wage

EE P

rem

ium

Cos

t

Expa

nded

Med

icai

d Subsidized Region

EE Cost after Subsidies

Max EE Cost “PLAY” plans

Data Source: Aetna Group plan for 217 EE (silver), Kaiser Family Health

Policy Cost Line

Page 10: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME’s Cost to Play

Data Source: Aetna Group plan for 217 EE (silver), Kaiser Family Health

7 9 11 13 15 17 19 21 23 25 27 29 31 $-

$500.00

$1,000.00

$1,500.00

$2,000.00

$2,500.00

$3,000.00

$3,500.00

$4,000.00

$4,500.00

Hourly Wage

EE P

rem

ium

Cos

t

Expa

nded

Med

icai

d Subsidized Region

EE Cost$1600/EE

Policy Cost Line

ACME wage cut off

ACME CO

ST$2300/EE

Page 11: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME “ALL PLAY”

ACME 2014 Forecast

Down $110,000

Base Adjustment: -$ Net Sales 7,500,000.00$

Base Adjustment: -$ Cost of Goods Sold 6,100,000.00$

Gross Profit (Loss) 1,400,000.00$

Base Adjustment: 2012 HCP Cost 182,000.00$ Total Expenses 1,222,000.00$

Net Operating Income 178,000.00$

Owner's Tax 71,200.00$

After Tax Income (Loss) 106,800.00$

ACA Penalties: None -$

SG&A Expenses

INCOME Tax

EXCISE Tax

ALL PLAY CASEACME PBJ12/31/2014

Financial Statements in U.S. Dollars

Revenue

Cost of Goods Sold

Expand coverage

$216,000

$106,000

Page 12: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

12

ACME “PLAY with PT”

ACME 2014 Forecast

Down $65,000

SalesDecline

$151,000

Base Adjustment: 1% decline (75,000.00)$ Net Sales 7,425,000.00$

Base Adjustment: save 8000 hours (88,000.00)$ Cost of Goods Sold 6,012,000.00$

Gross Profit (Loss) 1,413,000.00$

Base Adjustment: HCP 30% escalation 121,940.00$ Total Expenses 1,161,940.00$

Net Income 251,060.00$

Owner's Tax 100,424.00$

After Tax Income (Loss) 150,636.00$

ACA Penalties:None -$

SG&A Expenses

INCOME Tax

EXCISE Tax

PLAY w/PART TIME CASEACME PBJ12/31/2014

Financial Statements in U.S. Dollars

Revenue

Cost of Goods Sold ReduceHours

Premium Increase

$216,000

Page 13: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME Asks “BUT WHY?”

7 9 11 13 15 17 19 21 23 25 27 29 31 $-

$500.00

$1,000.00

$1,500.00

$2,000.00

$2,500.00

$3,000.00

$3,500.00

$4,000.00

$4,500.00

Hourly Wage

EE P

rem

ium

Cos

t

Expa

nded

Med

icai

d Subsidized Region

EE Cost$1600/EE

Data Source: Aetna Group plan for 217 EE (silver), Kaiser Family Health

Projected Policy Cost Line

+30%

LOOK

EMPLO

YER COST

Page 14: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME “SOME Play”

ACME 2014 Forecast

Down $92,000

SalesDecline

ReduceHours Pay Max

Fine

Base Adjustment: 1% decline (75,000.00)$ Net Sales 7,425,000.00$

Base Adjustment: save 8000 hours (88,000.00)$ Cost of Goods Sold 6,012,000.00$

Gross Profit (Loss) 1,413,000.00$

Base Adjustment: 63FTE @ new cutoff (18,284.00)$ Total Expenses 1,021,716.00$

Net Income 391,284.00$

Owner's Tax 156,513.60$

After Tax Income (Loss) 234,770.40$

ACA Penalties37 FTE at $3000 each 111,000.00$

SG&A Expenses

INCOME Tax

EXCISE Tax

"SOME PLAY" CASE ACME PBJ

12/31/2014

Financial Statements in U.S. Dollars

Revenue

Cost of Goods Sold

New Cutoff

$123,000

Page 15: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME Chooses ALL PLAY with Part TimeAND RAISES PRICE by 6.5%

TotalCOST

5.3% of Sales

PriceIncrease

6.5%

Scenario Average Results: Owner’s NET = ($115,000) excluding any supply chain price increase.

Page 16: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

RECAP• Play or Pay• Penalties• Price Increase• PED

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Page 17: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

ACME Steps to ACA Compliance

Page 18: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

What the Law Really Says

• Americans must purchase health insurance• Minimum standard• Costs less than 9.5% of their income• Employer fines

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Page 19: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

How Are the Feds Doing This?

• Through 3 insurance markets:1. Employer Group Plans 2. Expanded Medicaid 3. Govt Assisted Markets / Exchanges

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Page 20: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

BEST Employee Value

• The best value will be expanded Medicaid• The second best will be the Exchange• Group plans

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Page 21: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

3 Different Groups ACME Employs

• Disadvantaged Wage Class– Minimum wage to 133% FPL ($15,281 W2)

• Semi Skilled – 134% to 300% FPL (up to $34,470 W2)

• Skilled and Professional – 301% FPL and Up (over $34,470 W2)

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Page 22: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Groups and Markets

Large EMP Groups BEST VALUEL1 (Disadvantaged Wage Class) MedicaidL2 (Semi Skilled) Exchange with SubsidyL3 (Skilled and Professional) Employer Group Plans

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Page 23: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Where is Landfall?Large Employer

PART TIMELarge Employer

FULL TIMEP3: Safe Harbor L3: PLAY

P2: Safe Harbor L2: PAY or PLAY

L1: Medicaid Safe Harbor

ACME Risk Exposure to IRS Fines is

Directly tied to the L2

population

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Page 24: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

ACME Started to See the Problem W2 Income Small Employer

<50FTE + SeasonalLarge Employer

50+ FTE

Group 3 >$34,470 S3 L3

Group 2 $15,282 to $34,470

S2 L2

Group 1 <$15,281 S1 L1

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Page 25: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Large Employer Determination “Look Back”

FTE<49FTE

Test

ERISAAffiliated

GroupTest

Seasonal EE<120days

Test

OPTION 1: Maintain Small Biz

Safe Harbor

OPTION 2: GO TO Large Employer

GroupOR

Is ACME Small?

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Page 26: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

0 100 200 300 400 500 600 700$0.00

$2,000.00

$4,000.00

$6,000.00

$8,000.00

$10,000.00

$12,000.00

Series1

Hurricane Preparedness

Paid Hours

Earned Wage

Medicaid Cutoff

300% FPL Cutoff Part Time Cutoff

P3

P2

P1

L3

0

+

+

L2

L1

Page 27: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

So ACME is Large, NOW What?

LB “Look Back”

FT EE>30hrsTEST

PT EE<30hrsTEST

EE W2<15281

TEST

OPTION 2Safe Harbor

OPTION 1Pay or Play and

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Page 28: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Paid Hours

Earned Wage

Medicaid Cutoff

300% FPL Cutoff Part Time Cutoff

P3

P2

P1

L3

0

+

+

L2

L1

0 100 200 300 400 500 600 700$0.00

$2,000.00

$4,000.00

$6,000.00

$8,000.00

$10,000.00

$12,000.00

Series1

Productiv Inc Example

L3

9P2 L2

35 128L1

303

Current CENSUS

Page 29: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Data ACME MUST Use forStorm Tracking

• Name• DOB• Hire DATE• Gender• Zip Code• YTD Hours paid• YTD Compensation• Statutory Notifications• Employment Status

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Page 30: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Hurricane Preps: Storm Tracking

L1 Reduce Wage

S2:Change Control

L3Increase Wage

P2Reduce Hours L2

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Page 31: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

ACME Has an “AH HA” Moment

• ACME can control the L2 Outflows but has only limited control of the Inflows

• ACME must constantly monitor migrations of people between census blocks

• L2 must be constantly checked

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Page 32: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Partitioning“L2S”

Page 33: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

ACME CORP StructureHQ

(Corporate)

Location 1Physical Plant,

shop, store

Location 2Physical Plant,

shop, store

Location 3Physical Plant,

shop, store

Property, Plant Equipment,

and Inventory

ProcessesCore Business Functions (L3)

Staff (L1, L2)

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Page 34: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME Plant Location 1 Group Population Map

Page 35: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

35

Think About Building a House

Page 36: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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ACME Hires a General Contractor:“An L2S Safe Harbor Pilot”

General Contractor

Subcontractor Subcontractor

Page 37: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

L2S SAFE HARBOR StructureHQ

(Corporate)

Location 1Physical Plant,

shop, store

Location 2Physical Plant,

shop, store

Location 3Physical Plant,

shop, store

Property, Plant Equipment,

and Inventory

ProcessesCore Business &

Management

IndependentSubcontractor

37

Page 38: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

38

ACME “L2S”

ACME 2014 Forecast

+ $53,000

Scenario AVGs = ($115,000)

L2SAdmin

Fee

Market Share

Up

New Cutoff

$269,120

$216,000

Base Adjustment: Market Share up 1.3% 97,500.00$ Net Sales 7,597,500.00$

Base Adjustment: 49 FTEs in S2 27,250.00$ Cost of Goods Sold 6,127,250.00$

Gross Profit (Loss) 1,470,250.00$

Base Adjustment: 63FTE @ new cutoff (18,284.00)$ Total Expenses 1,021,716.00$

Net Income 448,534.00$

Owner's Tax 179,413.60$

After Tax Income (Loss) 269,120.40$

ACA Penalties37 FTE move to S2 =

SG&A Expenses

INCOME Tax

EXCISE Tax

L2S CaseACME PBJ

12/31/2014

Financial Statements in U.S. Dollars

Revenue

Cost of Goods Sold

Page 39: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

39

Accountability Instrument (Master Services Agreement)

Partitioning Instrument

Partitioning A Small Business Solution

General Contractor“Process Controller”

HOST

L2S Inc

Tripartite Arrangement

1. Owner not Highly Compensated2. Prime has no ownership in sub3. Host has no ownership in Sub or Prime

Page 40: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

Partitions

• Tax ID (Separate Accounting)• No Common Ownership or Affiliated Group status• No Brother/Sister• No co-employment• ACA Safe Harbor <50 FTE’s• Statutory Obligations FICA/FUTA/SUTA/WC• Business Banking• Capital Financing• Payroll Functions• B2B Transactions (Invoicing/Payments)

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Page 41: Virginia Society of Certified Public Accountants - Affordable Care Act (ACA) Compliance Pathways Overview

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HOMEBASE™Payroll

eBanking

Notifications

Client MobileAccounting and Finance

Tax and Insurance

MRP“CimPull”

Time & Attendance

RemoteDesktop