New Burdens on Employers in the House Health Bill

Jul 23, 2009

Just the facts, a breakdown of the new burdens on employers in H.R. 3200, the cuddly-named "America's Affordable Health Choices Act of 2009"

  • All employers with total payroll over $250,000 will be required to provide “Qualified Health Benefits” for their employees and their dependents or pay a pay-roll tax of up to 8% of payroll.

  • Further, employers will be required to pay 72.5% of premiums for their employees.

  • Requirement to provide dependent coverage (and pay 65% of premiums).

  • Government-run public health insurance plan will increase cost-shift burdens on employers and destabilize private insurance coverage.

  • No annual or lifetime limits on coverage for all health plans.

  • New provider network adequacy requirements on all health plans.

  • New minimum actuarial value requirements on all health coverage.

  • After 5 years all plans will also be required to meet the "qualified health plan" definition – ERISA plans will no longer have design flexibility.

  • Flexible Spending Accounts (FSAs), Health Spending Accounts (HSAs) and Health Reimbursement Arrangements (HRAs) will no longer be eligible for over-the-counter medical purchases.

  • Mental health parity required for ALL employers (including 50 and under which were carved out).

  • New onerous record keeping requirements on employers.

  • Maintenance of effort mandate for retiree health benefits (added in Education & Labor Committee).

  • Expansion of COBRA coverage until insurance exchanges are implemented (added in Education & Labor Committee).

  • Premium tax on all participants in fully-insured and self-insured plans to fund comparative effectiveness research program. (new tax).

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