ANOTHER OBAMACARE DELAY

From FNC’s Kelly Chernenkoff…

First, the NEWS: HHS has EXTENDED the time under which people can KEEP their 2013 health policies for TWO MORE YEARS. The press release below says: “Taking account the experience to date, today, HHS extended this transition policy for two years: to policy years beginning on or before October 1, 2016, giving states and issuers the option of allowing consumers to renew 2013 plans for two more years. This gives individuals and small businesses the choice of staying in their plan or joining a new Marketplace plan”
Remember: this offer is for plans which were NOT grandfathered in and for those which are in states whose insurance commissioners have agreed to this extension. It’s also optional for the insurance companies to offer this.
The administration says today they are releasing this and other “comprehensive guidance for 2015,” in response to concerns from a broad array of individuals and entities. The intent, they say, is to “smooth the transition” to the new health care law for consumers and employers.
Other steps the administration is announcing:
This second step is rather generic. The admin says they will “streamline” employers’ reporting requirements: “The final regulations released today will substantially streamline and simplify reporting requirements for employers, especially those that offer highly affordable coverage to their full-time employees and provide guidance to insurers for reporting the coverage they provide individuals.”
The third step the admin is announcing has to do with risk corridors. They will now be “budget neutral” as the “transitional reinsurance program” is, helping to stabilize premiums. “HHS is making an adjustment to the risk corridors program. The Administration intends to operate the risk corridors program in a budget neutral manner, with payments in equaling payments out, while helping to ensure that prices remain affordable in 2015 and beyond.”
An HHS press release notes of all of these moves today: “These provisions, developed in close consultation with members of Congress, including but not limited to Senators Mark Warner, Mary Landrieu, Jeanne Shaheen, Mark Udall and Representatives Tim Bishop, Elizabeth Esty, Carol Shea-Porter, Gary Peters, Scott Peters, Ann Kuster, Kyrsten Sinema, Ann Kirkpatrick, and Ron Barber, provide flexibility to states and provide consumers with choices so they can decide what is best for themselves and their families.”
Press releases from HHS and Treasury below, followed by original email from Jansen…

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HHS 2015 Health Policy Standards Fact Sheet

The Department of Health and Human Services (HHS) is releasing key standards for health insurers and the Health Insurance Marketplace for 2015, ensuring that consumers have multiple health insurance coverage options, that states continue to have flexibility in their markets, and that issuers and employers have the early guidance and certainty they need to provide affordable health coverage next year.
“These policies implement the health care law in a common-sense way by continuing to smooth the transition for consumers and stakeholders and fixing problems wherever the law provides flexibility,” said HHS Secretary Kathleen Sebelius. “This comprehensive guidance will help ensure that consumers, employers and insurers have the information they need to plan for next year and make it easier for families to make decisions to access quality, affordable coverage.”
As part of ongoing efforts to implement the Affordable Care Act, HHS has heard from families, states, businesses, health professionals, Congress, insurance commissioners, and insurers who want certainty on what’s coming as early as possible so that they can plan ahead. The policies being announced today are another step in our ongoing efforts to bring millions of Americans access to affordable coverage.
These provisions, developed in close consultation with members of Congress, including but not limited to Senators Mark Warner, Mary Landrieu, Jeanne Shaheen, Mark Udall and Representatives Tim Bishop, Elizabeth Esty, Carol Shea-Porter, Gary Peters, Scott Peters, Ann Kuster, Kyrsten Sinema, Ann Kirkpatrick, and Ron Barber, provide flexibility to states and provide consumers with choices so they can decide what is best for themselves and their families.
Today’s announcements include the release of a bulletin on the Extension of the Transition Policy through October 1, 2016, as well as the HHS Notice of Benefit and Payment Parameters for 2015 final rule. Together, the policies being announced extend a number of 2014 policies to 2015, continue to phase in provisions of the health care law, and allow for a smooth transition where needed – so that consumers, employers, health plans and others can plan for the future.
Bulletin on Extension of the Transition Policy
Overview
On November 14, 2013, the Centers for Medicare & Medicaid Services (CMS) issued a letter to the State Insurance Commissioners outlining a transitional policy for non-grandfathered coverage in the small group and individual health insurance markets. The letter provided insurers the option, if permitted by their state, to renew their current policies for current enrollees without adopting all of the 2014 market rule changes. CMS also indicated that it would consider extending the transitional policy beyond 2014. Today’s bulletin extends this transitional policy for two years: to policy years beginning on or before October 1, 2016. This gives consumers in the individual and small group markets the choice of staying in their plan or joining a new Marketplace plan as the new system is fully implemented.
Issuers offering such renewals will be required to provide notices to consumers informing them of their options and new consumer protections that are available in other plans. Specifically, issuers must inform consumers about the protections their renewed plan will not include, and how they can learn

HHS 2015 Health Policy Standards Fact Sheet

about the new options and financial assistance available to them through the Marketplaces. This policy applies to “early renewals” in states that permit it.
Today’s bulletin can be accessed here: http://www.cms.gov/CCIIO/Resources/Regulations-and- Guidance/Downloads/transition-to- compliant-policies-03-06-2015.pdf
HHS Notice of Benefit and Payment Parameters for 2015 Final Rule
Overview
The HHS Notice of Benefit and Payment Parameters for 2015 final rule provides certainty and stability as stakeholders prepare for 2015. The final rule describes payment parameters applicable to the 2015 benefit year and standards relating to:
the premium stabilization programs;
the open enrollment period for 2015;
the annual limitations on cost sharing;
consumer protections;
financial oversight; and
the Small Business Health Options Program (SHOP).

Qualified individuals and qualified employers are now able to purchase private health insurance coverage through Health Insurance Marketplaces (Marketplaces). Individuals who enroll in a qualified health plan (QHP) through a Marketplace may be eligible to receive premium tax credits to make health insurance more affordable and financial help to reduce cost sharing. The premium stabilization programs are intended to promote price stability, especially in the early years of implementation of the new health law. These programs, together with other reforms of the Affordable Care Act, make high-quality health insurance affordable and accessible to millions of Americans. Key policies in today’s final rule include:
Promoting Stable Individual Market Premiums through the Transitional Reinsurance Program: We are decreasing the reinsurance attachment point (the threshold at which reinsurance is triggered) from $60,000 to $45,000 for the 2014 benefit year due to updated estimates. For 2015, we are finalizing the following uniform reinsurance payment parameters: an attachment point of $70,000, a reinsurance cap of $250,000, and a coinsurance rate of 50 percent. And, for 2014 and 2015, if reinsurance contributions collected for a benefit year exceed the requests for reinsurance payments for the benefit year, we will increase the coinsurance rate up to 100 percent on our reinsurance payments prior to rolling over any excess funds to the next year, to ensure that the contributions collected for the benefit year are expended for claims for that benefit year to maximize the benefits of the reinsurance program.
We are finalizing a 2015 annual reinsurance contribution rate of $44 per enrollee to be paid by health insurance issuers and certain self-insured group health plans, which is to fund the reinsurance pool, payment to the U.S. Treasury, and reinsurance administrative expenses for 2015. We are modifying our contributions collection schedule for the reinsurance program. We will collect from all contributing entities the reinsurance contribution amounts for reinsurance payments and administrative expenses earlier in the calendar year following the applicable benefit year, and collect the reinsurance

Health Policy Standards Fact Sheet

contribution amounts for payments to the U.S. Treasury in the last quarter of the calendar year. For example, the $63 per capita reinsurance contribution for the 2014 benefit year will be collected in two installments: $52.50 in January 2015 and $10.50 late in the fourth quarter of 2015. In addition, we made changes to refine the definition of “major medical coverage,” prevent more than one payment for one enrollee, and exclude from the obligation to make reinsurance contributions for 2015 and 2016 certain self-insured, self-administered group health plans.
Refining the Temporary Risk Corridors Program: In the November 14, 2013 transitional policy announcement, CMS indicated that, in order to protect against the potential impacts on premiums, it would explore ways to modify the temporary risk corridors program formula. Because issuers’ premium estimates did not take the transitional policy into account, the transitional policy could potentially lead to unanticipated higher average claims costs for issuers of plans that comply with the 2014 market rules.
Today’s final rule implements a state-level adjustment in the risk corridors formula to account for the transitional policy’s effect on the expected 2014 risk pool in a way such that the program is projected to be budget neutral, with payments in equaling payments out, while helping to ensure that prices remain affordable in 2015 and beyond. Because we believe that the effect of the transitional policy on the risk pool will be greater in states with higher enrollment in transitional plans, we will vary the state-specific percentage adjustment to the risk corridors formula based on the percentage enrollment in transitional plans within in a state. Issuers will exclude any additional risk corridors adjustment amount from their medical loss ratio (MLR) calculations so that MLR calculations will not be affected. We also indicate in today’s final rule that we continue to review the policy and budgetary implications of a recommendation raised in comments to raise the ceiling on allowable administrative costs for QHP issuers in all states.
The final payment notice also includes refinements to the risk adjustment program.
Open Enrollment Period for 2015: We finalized the annual open enrollment period for the 2015 benefit year such that it would begin on November 15, 2014 and extend through February 15, 2015. This schedule gives issuers additional time before they need to set their 2015 rates and submit their QHP applications, gives states and HHS more time to prepare for open enrollment, and gives consumers until February 15, 2015 to shop for coverage. The rule does not change the schedule for the open enrollment period currently underway.
State Flexibility: We provide states more time to transition into a state-based Marketplace after 2014 by finalizing the proposal to move the date on which a state must have an approved or conditionally approved Blueprint in place for the following year from January 1 to June 15. We finalize provisions to allow additional Marketplace flexibility regarding the use of applicant eligibility and enrollment information to promote the efficient operations of a Marketplace.
Limiting Individuals and Families from Out-of-Pocket Expenses: The Affordable Care Act sets limits on cost sharing to protect individuals from excessive out-of-pocket expenses. The statute requires that these limits be updated annually based on the percent increase in average premiums per person for health insurance coverage. For 2015, we updated these limits based on projections of average per enrollee employer sponsored insurance (ESI) health insurance premiums from the National Health Expenditure Accounts (NHEA), a change from the proposed notice due to public comments. We believe EMBARGOED UNTIL WEDNESDAY MARCH 5, 2014, 4:15PM EST HHS 2015 Health Policy Standards Fact Sheet

that this methodology best represents the average private health insurance spending figure per person. Therefore, the premium adjustment percentage for 2015 is 4.21 percent, which results in a maximum annual limitation on cost sharing for 2015 for self-only coverage of $6,600 ($13,200 for families), and a maximum annual limitation on deductibles for 2015 for plans in the small group market for self-only coverage of $2,050 ($4,100 for families) (these amounts are lower than the amounts originally proposed). We are also finalizing the 2015 Actuarial Value (AV) Calculator to be the 2014 AV Calculator with an updated annual limit on cost sharing. Both the AV Calculator and Methodology are accessible through CCIIO’s website.
Additionally, we establish that a stand-alone dental plan covering the pediatric dental essential health benefit (EHB) under 45 CFR 155.1065 in any Marketplace, cost sharing may not exceed $350 for one covered child and $700 for two or more covered children, lower than the current limits but slightly higher than the proposed limits to keep premiums for such coverage affordable.
Protecting Enrollees in QHPs: We are implementing patient safety standards over time to provide consumers with access to health care that meet adequate safety and quality standards. For the initial two years, we are aligning QHP issuer standards with the Medicare Hospital Condition of Participation requirements for a quality assessment and performance improvement program and discharge planning. Additionally, as a means of ensuring that all QHPs offered through the Federally-facilitated Marketplace (FFM) are in the interests of qualified individuals and qualified employers, the final rule states that a plan generally must be considered “meaningfully different” from all other plans offered by the same issuer in order to be certified as a QHP in the FFM.
Protecting Federal Funds: We finalized several oversight provisions applicable to the premium stabilization programs, including authority for HHS to conduct audits of issuers and entities in the HHS-operated risk adjustment and reinsurance programs, as well as audits of state-operated reinsurance programs and standards regarding risk adjustment data validation. We also clarified that HHS has the authority to net payments to issuers against amounts owed to HHS by the issuer or their affiliates. We finalized a dispute resolution and appeals process to address any disputes regarding such payments or charges.
Implementing and Improving SHOP: We finalized several standards that accompany the employee choice and premium aggregation provisions in Federally-facilitated SHOPs (FF-SHOPs). The final rule also allows employers in the FF-SHOPs to offer employees either a single stand-alone dental plan or a choice of all stand-alone dental plans available at a stand-alone dental AV level. After 2015, an FF-SHOP may permit employers to contribute differently to the premiums of full-time and non-full-time employees. In FF-SHOPs, when an employer elects to offer employees a choice of plans, premiums would be set using per-member rating. We also clarified that a small employer in the SHOP that becomes a large employer would continue to be rated as a small employer. The final rule permits states to allow enrollment in a QHP through the SHOP by using the website of an agent or broker in those states that allow that activity under state law, subject to certain consumer protections. We are also considering proposing that states could recommend modifications to the provision that allows employees to choose any plan within a coverage level if doing so would preserve and promote affordable insurance for employees and small businesses.
Health Policy Standards Fact Sheet
In addition to finalizing these provisions, we are also finalizing amendments to §155.705(b)(6) which were proposed in the Program Integrity: Exchange, SHOP, Premium Stabilization Programs, and Market Standards Proposed Rule (78 FR 37032) regarding the timing of quarterly rate changes, making explicit that this market-wide policy also applies to SHOP.
The 2015 AV Calculator and Methodology can be accessed at:

http://www.cms.gov/cciio/resources/regulations-and-guidance/index.html

U.S. TREASURY DEPARTMENT OFFICE OF PUBLIC AFFAIRS
CONTACT: Treasury Public Affairs (202) 622-2960
FACT SHEET: FINAL REGULATIONS IMPLEMENTING INFORMATION REPORTING FOR EMPLOYERS AND INSURERS UNDER THE AFFORDABLE CARE ACT (ACA)
WASHINGTON – Today, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) released final rules to implement the information reporting provisions for insurers and certain employers under the ACA that take effect in 2015.
“Today’s announcement is part of the Administration’s effort to provide certainty and early guidance about major health policies so employers, small business owners and other individuals can plan for 2015,” said Assistant Secretary for Tax Policy Mark J. Mazur. “Treasury’s final rules significantly streamline and simplify information reporting while making it easier for employers and insurers of all sizes to provide the quality, affordable health coverage that every American deserves.”
While 96 percent of employers are not subject to ACA reporting requirements or the employer responsibility provision because they have fewer than 50 employees, in 2015 requirements begin to phase-in for the remaining four percent of employers that are required to offer quality, affordable coverage to employees or make a payment. The final regulations released today on information reporting by those employers will substantially streamline reporting requirements for employers, particularly those that offer highly affordable coverage to full-time employees. Final
rules were also released today to provide guidance for reporting by insurers and other parties that provide health coverage under the ACA. Together, these rules respond to feedback from stakeholders and will help employers and insurers effectively comply with their responsibilities.
Today’s final rules include the following key provisions:
Single, Combined Form for Information Reporting
Employers that “self-insure” will have a streamlined way to report under both the employer and insurer reporting provisions. Responding to widespread requests, the final rules provide for a single, consolidated form that employers will use to report to the IRS and employees under both sections 6055 and 6056, thereby simplifying the process and avoiding duplicative reporting. The combined form will have two sections: the top half includes the information needed for section 6056 reporting, while the bottom half includes the information needed for section 6055.
o Employers that have fewer than 50 full-time employees are exempt from the ACA employer shared responsibility provisions and therefore from the employer reporting requirements.
o Employers that are large enough to be subject to the employer responsibility provisions and that “self-insure” will complete both parts of the combined form for information reporting.
o Employers that are subject to employer responsibility but do not “self-insure” will complete only the top section of the combined form (reporting for section 6056). Insurers and other providers of health coverage will report only under section 6055, using a separate form for that purpose. Insurers do not have to report on enrollees in the Health Insurance Marketplace, since the Marketplace will already be providing information on individuals’ coverage there.

Simplified Option for Employer Reporting
For employers that provide a “qualifying offer” to any of their full time employees, the final rules provide a simplified alternative to reporting monthly, employee-specific information on those employees.
o A qualifying offer is an offer of minimum value coverage that provides employee-only coverage at a cost to the employee of no more than about $1,100 in 2015 (9.5 percent of the Federal Poverty Level), combined with an offer of coverage for the employee’s family.
o For employees who receive qualifying offers for all 12 months of the year, employers will need to report only the names, addresses, and taxpayer identification numbers (TINs) of those employees and the fact that they received a full-year qualifying offer. Employers will also give the employees a copy of that simplified report or a standard statement indicating that the employee received a full-year qualifying offer.
o For employees who receive a qualifying offer for fewer than all 12 months of the year, employers will be able to simplify reporting to the IRS and to employees for
each of those months by simply entering a code indicating that the qualifying offer was made.
o To provide for a phase-in of the simplified option, employers certifying that they have made a qualifying offer to at least 95% of their full-time employees (plus an offer to their families) will be able to use an even simpler alternative reporting method for 2015. Those employers will be able to use the simplified, streamlined reporting method for their entire workforce, including for any employees who do not receive a qualifying offer for the full year. Those employers will provide employees with standard statements relating to their possible eligibility for premium tax credits.

The final regulations also give employers the option to avoid identifying in the report which of its employees are full-time, and instead to just include in the report those employees who may be full-time. To take advantage of this option, the employer must certify that it offered affordable, minimum value coverage to at least 98 percent of the employees on whom it is reporting.

What Information Is Reported
The statute calls for employers, insurers, and other reporting entities to report information including:
For section 6055
o Information about the entity providing coverage, including contact information.
o Which individuals are enrolled in coverage, with identifying information and the months for which they were covered.

For section 6056
o Information about the employer offering coverage (including contact information and the number of full-time employees).
o For each full-time employee, information about the coverage (if any) offered to the employee, by month, including the lowest employee cost of self-only coverage offered.

Streamlined information: The final rules omit data elements in the statute that are not necessary to understanding coverage offered and provided, in the interest of streamlining. These include (but are not limited to):
o The length of any waiting period;
o Employer’s share of the total allowed costs of benefits provided under the plan;
o The amount of advance payments of the premium tax credit and cost-sharing reductions.

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