WILL THE AFFORDABLE CARE ACT BE IMPLEMENTED?

July 31, 2013

united-states-capital-516992-m.jpgThe U.S. House voted recently to delay the so-called "individual mandate" of the Affordable Care Act (ACA). On July 17, 2013, the House passed the Fairness for American Families Act, H.R. 2668, sponsored by Rep. Todd Young (R-IN). Passage of H.R. 2668 sets the stage for a political show down about whether to implement some, all or none of the ACA. Swords are drawn. The ACA survived the political fight for its passage. It survived the legal fight about its constitutionality. But can it survive the fight about whether, or to what extent, to actually implement it?

The H.R. 2668 Digest expresses concern that implementation of the ACA will "have significant consequences on patients, our nation's healthcare system, taxpayers, job holders, job creators, individuals, families, and the economy." According to the Digest, "the 190 million hours per year that American families will be forced to spend complying with [ACA] requirements; the likelihood that seven million people will lose their employer based insurance, the increase in health insurance premiums by as much as 400 percent for individuals and 100 percent for the small group market; the $716 billion cuts to Medicare; the $628 billion expansion of Medicaid to mostly childless adults, the 159 new government boars, including IPAB, and the 800,000 job losses that the CBO anticipated.

According the supporters of H.R. 2668, the following are key points and dates on healthcare:

Higher Costs and Taxes

• Limitation on flexible savings account contributions to $2,500 per year (indexed to CPI)
• Imposition of a 0.9 percent Medicare Part A wage tax and a 3.8 percent tax on unearned, non-active business income for those earning over $200,000 or $250,000 for families (not indexed to inflation)
• Imposition of a 2.3 percent excise tax on medical devices
• Increase in the income threshold for claiming tax deductions for medical expenses from 7.5 percent to 10 percent
• Elimination of the existing deduction for employers who maintain prescription drug plans
• Cuts to Medicare payments to hospitals for treating low-income seniors
• Increase in Medicaid payment rates to primary care physicians for primary care services to 100 percent of the Medicare payment rate for 2013 and 2014
• Start of open enrollment in Health Insurance Marketplace - October 1, 2013

More Government, Higher Costs

• Implementation of Health Insurance Marketplace (Exchanges) - 17 states plus DC will implement their own exchanges, 7 in partnership with federal government, remaining 26 states will be run by the federal government - January 1, 2014
• Prohibition on annual limits or coverage restrictions on pre-existing conditions (guaranteed issue/renewability)
• Extension of prohibition on excessive waiting periods to existing health plans
• Imposition of modified community ratings: family versus individual; geography; 3:1 ratio for age and 1.5:1 for smoking
• Imposition of government-defined "essential benefits" and coverage levels on insurance plans
• Limitation on out-of-pocket cost sharing (tied to limits in HSAs). Limits are $6,250 for individuals and $12,700 for families (indexed for COLA)
• Implementation of premium subsidies for insurance purchased in the Health Insurance Marketplace -- amounts of subsidies are dependent on income and available up to 400 percent of the federal poverty line
• Requirement that federal government offer at least two multi-state plans in every state

Higher Taxes

• Imposition of new health insurance industry tax (increase will be $8 billion in 2014, $11.3 billion in 2015 and 2016, $13.9 billion in 2017, and $14.3 billion in 2018 and indexed to medical cost growth afterwards
• Imposition of individual mandate. Individuals who fail to obtain acceptable insurance will incur a penalty tax of the greater: $695 or 2.5 percent of income. For families without approved coverage, penalties are capped at $2,250 until 2016 and then indexed for inflation

Higher Costs/Lost Coverage/Lost Jobs/Employer Mandates

• Imposition of the Employer mandate. Employers with 50 full time employees or more who fail to offer "affordable" coverage must pay a $3,000 penalty for every low-income employee that receives a subsidy through the Exchange, even if coverage is already provided
• Imposition of $2,000 tax penalty on employers who employ more than 50 full time employees and don't provide insurance coverage. Penalty assessed for every full time employee. Up to 30 full time employees are exempt when calculating penalty
• Require employers with more than 200 employees to auto-enroll employees in health coverage, with opt-out options
Decrease Access/Weakened Safety Net
• Continued cuts to Medicare home health reimbursement
• Implementation of IPAB recommendations
• Cuts to Medicare payments to Disproportionate Share Hospitals
• Cuts to federal Medicaid payments for Disproportionate Share Hospitals from $18.1 billion to $14.1 billion
• Expansion of Medicaid coverage to 22 million childless adults up to 138 percent of the federal poverty line - diminishing resources for vulnerable populations. States will receive 100 percent of the FMAP 2014-2016, 95 percent in 2017, 94 percent in 2018, and 90 percent after

See H.R. 2668 Digest.

President Obama has threatened to veto the legislation if passed by the full Congress. The Administration argues that H.R. 2668 "would cost millions of hard-working middle class families the security of affordable health coverage and care they deserve." The Administration contends that "H.R. 2668 would raise health insurance premiums and increase the number of uninsured Americans." The Administration added, "it's time for the Congress to stop fighting old political battles and join the President in an agenda focused on providing greater economic opportunity and security for middle class families and all those working to get into the middle class." Statement of Administration Policy

Our law firm represents physician, physician groups, ambulance service providers, nursing homes and other health care providers and businesses. Our law firm's focus is helping health care businesses succeed. Contact us at info@ksllawfirm.com, (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta) to schedule a consultation.

Source: H.R. 2668 Digest
Statement of Administration Policy

*Disclaimer: Thoughts shared here do not constitute legal advice.