Extension of Dependent Coverage
Applies to: grandfathered and non-grandfathered plans |
- Health insurance plans must offer coverage to dependents on their parents’ plan until the young adult turns 26.
- Coverage must be the same as for other dependents and can't cost any more.
Dependent Defined Eligible dependents:
- Must be a son, daughter, stepson, stepdaughter, legally adopted child or eligible foster child of the employee.
- Don't have to be living with a parent
- Don't have to be a dependent on their parents' tax return
- Don't have to be full-time students
- May be married (but plan doesn't have to cover the dependent's spouse or children)
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Preventive Care Coverage
Applies to: non-grandfathered plans.
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All private health plans must cover the costs for preventive care. There can be no copays, deductibles or out-of-pocket fees for preventive services.
Preventive Care Defined According to the law, preventive care includes "proven" preventive services as posted by:
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Lifetime and Annual Limits
Applies to: grandfathered and non-grandfathered group plans. (but not grandfathered individual plans)
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- Lifetime limits on essential health benefits are no longer allowed.
- Restrictive annual limits on the dollar value of essential health benefits are allowed until 1/1/2014.
- Lifetime and annual limits continue to be allowed for non-essential health benefits.
- Individuals who reached their lifetime limit prior to 9/23/2010 and are still eligible for coverage must be notified that the lifetime limit no longer applies and their coverage can be reinstated
"Restrictive" Annual Limits
- For plan years that begin:
- 9/23/2010 - 9/22/2011, the annual limit is $750,000
- 9/23/2011 - 9/22/2012, the annual limit is $1,250,000
- 9/23/2012 - 12/31/2013, the annual limit is $2,000,000
- 1/1/2014, annual limits on essential benefits are no longer allowed
- Annual limits must apply to each individual (not each family)
- Annual limits may take into account only essential benefits
Essential Health Benefits Defined
- Ambulatory patient services
- Emergency services
- Hospitalization
- Maternity and newborn care
- Mental health and substance use disorder services, including behavioral health treatment
- Prescription drugs
- Rehabilitative and habilitative services and devices
- Laboratory services
- Preventive and wellness services and chronic disease management
- Pediatric services, including oral and vision care
Note: This list is determined by the Secretary of HHS and is not yet final.
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Pre-Existing Condition Exclusions
Applies to: grandfathered and non-grandfathered group plans. (but not grandfathered individual plans)
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- Children under 19 with pre-existing conditions can't be denied health insurance.
- A health plan can't exclude condition-specific benefits because the condition was present before the enrollment date.
- Those age 19 and over with pre-existing conditions can't be denied coverage in plans renewing on and after 1/1/2014.
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Rescission Prohibition
Applies to: grandfathered and non-grandfathered group plans.
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- Rescission is cancellation of coverage that has a retroactive effect. For example, if a plan voids a policy back to the policy's effective date.
- Coverage may still be canceled or not renewed for these reasons: failure to pay premiums, fraud or intentional misrepresentation of material fact, withdrawal of product or issuer from market, movement of individual or group outside of service area, bona fide association coverage, cessation of association membership. This is not considered rescission.
- Plans must provide at least 30-days' notice when canceling or rescinding coverage.
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Emergency Services Coverage
Applies to: non-grandfathered plans
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- All health plans must cover emergency care at out-of-network hospitals at the same copay or coinsurance level as in-network hospitals.
- Health plans may no longer require prior authorization or a referral for emergency services.
- Out-of-network providers may balance bill the member for the amount charged that is above a "reasonable amount." For this reason, it's smart to seek services from an in-network emergency department when available.
- Services provided by out-of-network providers may also apply to a separate out-of-network deductible and out-of-pocket maximum.
Emergency Services Defined Medical screenings within the emergency department and treatment required to stabilize a patient.
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Selection of Primary Care Physician (PCP)
Applies to: non-grandfathered plans
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- Members can choose their own PCP (women can choose an OB/GYN and parents can choose a pediatrician for their children), as long as the doctor is accepting patients.
- If a plan requires a PCP, then it can't require referral or authorization for a woman to seek care from an in-network OB/GYN specialist.
- The plan must provide a list of member rights with the summary plan description or summary of benefits.
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Salary Non-Discrimination of Benefits
Applies to: non-grandfathered plans
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- Employers can't offer better benefits to "highly compensated" employees at the top of the salary schedule.
- Health plans can require lower dollar or premium percent contribution from employees with lower compensation.
- Definition of highly compensated employees follows Section 105 of the Internal Revenue Code.
- Groups that establish simple cafeteria plans are exempt.
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Early Retiree Reinsurance Program (ERRP)
Applies to: grandfathered and non-grandfathered plans
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- Employers that offer coverage for early retirees can apply to receive money back from the government for medical claims for early retirees who aren't Medicare-eligible (age 55 to 64) and their spouses, surviving spouses and dependents.
- To be eligible, employers must have or plan to implement programs and procedures to help plan participants with chronic or high-cost conditions save money.
- Employers must use the money to reduce health care costs, lower participants' premium contributions/copays/deductibles or both.
- Program runs from 6/1/2010 to 1/1/2014, but may end sooner when the program reaches its cap of $5 billion.
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Tax Treatment of OTC Drugs
Applies to: grandfathered and non-grandfathered plans
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Beginning 1/1/2011, pre-tax expenses for over-the-counter (OTC) drugs purchased through an HRA, FSA or HSA will require a doctor's prescription. The sole exception is for insulin which will not require a prescription for reimbursement.
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