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Buckle Your Seatbelts: Employee Benefit Issues To Watch James Slotnick, JD AVP, Government Relations May 22 nd , 2019

Transcript of µ l o z } µ ^ o W u o } Ç v ( ] / µ d } t Z · W } i ] } v À X o ] Ç í ò ô D ] o o ] } v...

Buckle Your Seatbelts: Employee Benefit Issues To WatchJames Slotnick, JDAVP, Government Relations

May 22nd, 2019

Agenda

1. The ACA: Back In The News (Again)

2. “Under the radar” benefit issues

3. Onto 2020…

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17 states, led by California, filed a motion to intervene

Argument

Supreme Court has twice found ACA to be constitutional

Individual mandate tax is still in place

ACA heading back to the Supreme Court?

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Texas v. United States

U.S. Government

Argument

Individual mandate and underwriting prohibitions should be ended

Remainder of law should remain

Last week Government decided to agree with Texas’ argument

19 states have joined Texas in this lawsuit

Argument

2012: ACA constitutional because individual mandate is a tax

2017: Individual mandate tax reduced to zero

Therefore entire ACA is unconstitutional

ACA heading back to the Supreme Court?

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THREE POSSIBLE OUTCOMES

1. entire law is upheld

2. entire law ruled unconstitutional

3. Individual mandate / underwriting protections unconstitutional

What happens next?• ACA continues “as is” during the

appeal• Appeal to be heard by three 5th Circuit

judges• Appeal could then be heard “en banc”

by 5th circuit• Appeal could then be heard by

Supreme Court

“Under the radar” benefit issues

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Drug prices: American Patients’ First⎻ Eliminate “gag clauses” – Patients Right To Know Act

⎻ Disclose drug prices in direct to consumer advertisements

⎻ PBM Rebates

⎻ Eliminate “Balance Billing”

⎻ Examine foreign “price controls” that impact US consumers

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“Medicare For All” legislation

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Goal of covering all Americans under a government-run health insurance program

• Would end the current employer-sponsored health insurance system

• Under the plan, consumers would not be liable for any out-of-pocket spending on copays or emergency room visits, only on prescription drugs

• The plan is estimated to cost $30+ trillion and paid for in part by:

‒ 2.2% income tax

‒ 6.2% levy on employers

Bill had 15 co-sponsors in the Senate including:

• Senator Gillibrand (NY)• Senator Harris (CA)• Senator Warren (MA)• Senator Booker (NJ)

Other issues to watch…

• Paid Family & Medical LeaveMore discussion on the federal level, action on the state level• California, DC (2020), New Jersey, New York, Rhode Island, Massachusetts

(2021), and Washington (2020)• Anticipate that Connecticut, Maine, Oregon, and Vermont could pass

legislation in 2019

Could FAMILY Act pass House in 2019• New program run by Social Security entitling every working American to 12

weeks of paid family and medical leave @ 60% of their salary

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State PFML Laws Vary State # weeks leave Max Combined Medical &

FamilyAmount of benefit.

CA 6 weeks family52 weeks medical

52 weeks 60-70% wages depending on income (Max. $1,173/week)

MA 12 weeks family20 weeks medical

26 weeks 80% wages up to SWAWW & 50% thereafter (Max. $850/week)

NJ 6 weeks family26 weeks medical

66% wages (Max. $637/week)

NY 8 -12 weeks family (increasing annually from 2018 to 2021)26 weeks medical

26 weeks Medical: 50% wages up to max. $170/week Family: 50% - 66% (increasing annually from 2018-2021) up to a max of $652.96

RI 4 weeks family30 weeks medical

60% wages (Max. $833/week)

WA 12 weeks family12 weeks medicalExtra 2 weeks pregnancy-related

16 weeks(18 weeks if pregnancy related)

90% of wages up to SWAWW & 50% thereafter (Max.$1,000/week)

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Onto 2020…

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21

10

25

1215

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8

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2014 2016 2018 2020

Democratic seats Republican seats

Senate seats in play, by election year

Republicans gained 9 seats Democrats gained 2 seats ?????

What to watch for in mid-terms

Source: Cook Political Report.

Republicans gained 2 seats

2020 Senate Races

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OH

WVVA

PA

NY

ME

NC

SC

GA

TN

KY

IN

MI

WI

MN

IL

LATX

OK

ID

NV

OR

WA

CA

AZ

NM

CO

WY

MT ND

SD

IA

UT

FL

AR

MO

MS AL

NE

KS

AK

States to watch:

• Alabama

• Colorado

• Iowa

• Maine

■ Democrat Incumbent ■ Republican Incumbent

2020 dates to remember

• February 3: Iowa caucuses

• February 11: New Hampshire primaries

• February 15: Nevada Democratic caucus

• February 22: South Carolina Democratic caucus

• March 3: “Super Tuesday”

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Summary

• 2019 is another important year for ACA

• Employee Benefits issues continue to evolve

• 2020 elections are around the corner

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Projections vs. reality

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5.4 2.6 12014 8 Million vs. 9 Million

8.8 2.8 2.42015 11.6 Million vs. 14 Million

9.6 3.1 10.32016 12.7 Million vs. 23 Million

9.2 3 12.82017 12.2 Million vs. 25 Million

8.7 3 14.32018 11.7 Million vs. 26 Million

TBD vs. 26 Million2019

With Premium Tax Credits Without Premium Tax Credits CBO Projected Enrollees

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6

6

A “two-tier” pricing model

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$629

$115

All Consumers

With Premium Tax Credits

Without Premium Tax Credits

25% Of Exchange Enrollees

75% Of Exchange Enrollees

Source: CMS

A “two-tier” pricing model

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$232

$629

2014 Rates 2018 Rates

Average Premium Without Premium Tax Credits

Source: Center For Medicare Services

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