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Curing the health care confusion
Updated: August 21, 2010, 9:51 AM
Slowly over the next four years, health care reform in America will move from
rhetoric to reality — and virtually every American will feel the change.
But if you think the debate over the bill Congress passed last week was complex, just wait
until you watch the law take effect.
The law, rather than being an instantaneous reinvention of the American health system, is
more like a slow-motion reconstruction process that will take nearly a decade to finish.
But you better be watching, because, one way or another, you are bound to be affected.
If you don't have health insurance, the law means you will have to get it, perhaps with
government help, whether you want to or not, by 2014.
But it also will mean the emergency room no longer will be your health care provider ... and
that a sudden serious illness no longer will come with a ticket to bankruptcy court.
For those with insurance, the change will be more complex — and unpredictable.
If you have insurance, the law means you no longer will live with the worry that a sudden
illness will bust your insurance cap or prompt your insurance to drop your coverage.
And if things go right, the routine double-digit annual increases in health care costs will
disappear — and Americans will see bigger paychecks.
Seniors face changes, too.
The much-loathed "doughnut hole" in Medicare prescription drug benefits, which forced
seniors to start paying out of pocket for their medicines just as they started getting really
expensive, will disappear.
Will you pay more taxes?
Not unless you make more than $250,000 a year, at which point you will have to pay a new
Medicare surcharge. Or if you have a "Cadillac" all-expenses-paid insurance plan, you will
find it taxed in 2018.
That's the way things will look if everything goes as planned.
But many people doubt that it will — and that in the end, this law will be a budget-buster.
Meanwhile, starting in 2014, many businesses will either have to offer health care to their
employees or pay a penalty.
Those are just a few of the ramifications of one of the most poorly understood laws ever.
In hopes of helping our readers understand the law better, The Buffalo News is devoting
extensive space today to explaining it.
So read on, because health care reform is no longer about the Democrats versus the Republicans.
Now, it's all about you.
What does the new law mean for:
Those currently uninsured
Those currently insured
Businesses
Seniors
Taxpayers
For an interactive graphic with more on what the new law means for you, click here.
To see when different elements of the law take effect, click here.
Those currently uninsured
Q: If I don't have health insurance, will the health care reform law provide it?
A: Yes. It is expected to provide insurance to 32 million Americans who lack coverage.
Effective 2014, individuals and families will be eligible for Medicaid if their income is
at or below 133 percent of the federal poverty level, or $14,404 for individuals and $29,326
for a family of four.
Also starting in 2014, the bill provides subsidies to buy private insurance for U.S.
citizens and legal residents with incomes above the Medicaid thresholds but below 400 percent
of poverty, or $43,320 for individuals and $88,200 for a family of four.
The subsidies would work on a sliding scale, with those who earn more getting less help
than those who need assistance the most. In addition, for those with income below 400 percent
of the poverty level, total out-of-pocket health expenses would be limited.
Q: Where will uninsured individuals buy coverage?
A: The government plans to establish on the Internet and elsewhere places called exchanges,
where consumers can purchase and compare different policies, including quality ratings, from
private insurance companies.
Insurers that sell policies on the exchanges will be required to offer a minimum set of
standard benefits, with four levels of coverage that vary based on premiums, out-of-pocket
costs and additional benefits.
The law gives states some flexibility in how the exchanges are set up. But it requires
insurers to offer plans with standardized formats, definitions and enrollment applications.
A person could also buy insurance from companies outside the exchanges.
Q: I have had arguments with health insurance companies over coverage, including being
denied a policy because of a pre-existing medical condition. Will any changes reform how
insurers do business?
A: Reforms to the insurance industry are a key component of the new law.
All insurance plans will be prohibited from imposing lifetime caps on the amount of
coverage, and there will be restrictions on annual limits on coverage. Insurers will no longer
be able to cancel insurance except for cases of fraud. And insurers will have to sell policies
to individuals regardless of their health history, with the price of premiums varying mainly
on the basis of age and tobacco use, and not a person's medical condition.
Q: Does the law require everyone to have health insurance and, if so, why?
A: All individuals will be required to have insurance, with some financial hardship
exceptions, beginning in 2014.
Here's the thinking behind this requirement: Without an individual mandate to purchase
insurance, Americans could wait until they got sick to buy a policy, leading only sick people
with the biggest bills to buy insurance and to even higher premiums.
Advocates of the individual mandate say that having everyone in the system spreads the
risks, keeps the average cost of premiums under control and builds on the principle that all
people — young or old and healthy or sick — eventually will need medical care.
Q: Is there a penalty if I don't have health insurance?
A: Most people who do not have coverage will be required to pay an annual financial
penalty.
The penalty for individuals would start in 2014 at $95, or up to 1 percent of income,
whichever is greater, and increase to $695, or 2.5 percent of income, by 2016. Families have a
penalty limit of $2,085.
The law includes exemptions from the penalty for religious beliefs, native Americans,
people who have been insured for less than three months, individuals and families with income
below a certain level or if the least expensive insurance costs 8 percent of a person's
income.
Q: Is there anything for the uninsured that takes effect right away?
A: Starting this year, the law appropriates $5 billion for a temporary national high-risk
pool to help purchase coverage for people with a medical condition who have gone uninsured for
more than six months. But it's not clear yet what share individuals would pay for the
coverage.
Health reform also increases federal funding for community health centers — $11
billion over the next five years — allowing them to see more uninsured and poor
patients.
Tuona M. Batchelor, a graduate student at the University at Buffalo, is uninsured. To read her story, click here.
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Those currently insured
Q: For the 85 percent of Americans with health insurance from an employer or government
program, or purchased on their own, what happens to their coverage?
A: Not much, although all health plans now will be required to cover 100 percent of such
preventive services as checkups, colonoscopies and mammograms.
The value of health benefits given to workers through an employer will remain untaxed,
except for a 40 percent levy that starts in 2018 on high-cost health plans. The excise tax
applies to the portion of the premium that exceeds $10,200 a year for individuals and $27,500
for families.
Q: How will health reform affect my children?
A: Unmarried adults younger than 26 can stay on their parents' insurance coverage as long
as they are not offered health coverage at work. Currently, New York State law requires every
insurer to allow employers the opportunity to elect extended coverage for dependent children
to age 29 under a group health insurance policy.
Young adults also will have the option of buying catastrophic insurance that kicks in after
they pay $5,950 of their annual health expenses.
Q: What will happen to my insurance premiums?
A: This is a hotly debated issue about the future without a definitive answer. However, the
nonpartisan Congressional Budget Office, which analyzed the health reform proposals,
determined that reform would reduce premiums for most Americans. It also concluded that
providing subsidies to buy private insurance would encourage individuals to purchase more
comprehensive — and expensive — insurance than they can currently afford.
In addition, there is a cost to doing nothing. Experts say insurance premiums, without
health reform, are projected to rise at an unsustainable rate, leaving more people uninsured,
driving out-of-pocket expenses higher and slowing the growth of incomes.
Q: It seems as though many of the key reforms take effect in 2014 and after. What are some
of the provisions that happen sooner?
A: Health insurers will be barred from imposing lifetime caps on coverage; individuals with
serious health conditions that have prevented them from obtaining coverage will be eligible to
purchase a policy from a high-risk pool; health plans will be prohibited from denying coverage
to children with pre-existing conditions; and health plans will be prevented from dropping
people from coverage when they get sick.
Q: I'm worried about the cost of health reform. Does it include any cost controls other
than the tax on high-priced plans?
A: One of the provisions of the act that gets little attention but that may have a big
influence in the future is the creation of an independent Medicare commission with the
authority to recommend changes in Medicare payment policies.
Proponents say such a commission would reduce political influence, bring more expertise into
the decision-making process and do a better job of controlling the growth of Medicare
spending.
But there are critics. Among other things they worry that a commission will increase what
seniors pay for Medicare, reduce what hospitals and doctors receive for services or propose
policies that limit care in certain circumstances.
Q: Are there sleeper provisions in the law that deserve more attention?
A: Yes, and here are a few:
Drug and medical device manufacturers will be required to disclose their financial
relationships with physicians and teaching hospitals.
Hospitals and doctors will be encouraged to restructure financial arrangements to
reward the quality of care instead of the quantity of services provided.
The bill increases Medicare payment rates by 10 percent to doctors who provide basic
medical care, provides $1.5 billion for the National Health Service Corps to get more primary
care providers in areas where there are doctor shortages and offers new investments in
training programs to produce more primary care doctors and nurses.
Health insurers must report how much they spend on medical care versus
administrative costs and, in future years, accept tighter government review of premium
increases.
Payments and penalties to hospitals will be linked to quality outcomes, including
hospital-acquired infections and readmissions for conditions that should be prevented.
The Community Living Assistance Services and Supports Act inside the health reform law
would establish a national insurance program to allow voluntary prefinancing of long-term care
through payroll deductions.
Kathryn Regan Eskew, an associate professor at Hilbert College in Hamburg, is insured — though she and her family pay for a portion of the coverage. To read her story, click here.
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Businesses
Q: Which businesses will be required to offer health care to their employees?
A: Employers with more than 200 employees will be required to automatically enroll
employees into health plans that the company offers, although employees can opt out of
coverage.
Employers with 50 to 200 employees will be required to offer insurance, but companies that
employ fewer than 50 will not. Their employees, however, will be required to get insurance on
their own, most likely through the new state-run purchasing exchanges, starting in 2014.
Q: What will happen to companies that refuse to offer health care?
A: Companies that employ more than 50 people but do not offer health insurance will be
charged a fee of $2,000 per full-time employee, excluding the first 30 employees from the
assessment. That fee applies to companies that have at least one full-time employee who
receives a tax credit to help pay for health care.
Q: Will any penalties apply to firms that offer insurance?
A: Yes. Employers with more than 50 employees that offer coverage — but have at least
one full-time employee receiving a premium tax credit — will pay the lesser of $3,000
for each employee receiving a premium credit or $2,000 for each full-time employee.
Q: When do all these employer mandates start?
A: Jan. 1, 2014.
Q: What kind of aid will be available for small businesses to help them provide health
care?
A: Small employers with no more than 25 employees that offer average annual wages of less
than $50,000 and that offer insurance to their employees will receive a tax credit.
Between 2010 through 2013, such employers will receive a tax credit of up to 35 percent of
the employer's contribution toward the employee's health insurance premium — so long as
the employer pays at least half the cost of the employee's health care.
Employers with 10 or fewer employees and annual wages of less than $25,000 will receive the
full 35 percent tax credit, but the credit phases out as companies get bigger and pay their
employees more.
After 2014, things change thanks to the creation of state-based purchasing exchanges. At
that point, businesses that buy policies through an exchange will get a tax credit of up to 50
percent of their contribution toward each employee's insurance premium — so long as the
employer pays at least half the total premium cost. Companies with 10 or fewer employees and
average annual wages of less than $25,000 will be eligible for the full 50 percent credit, but
the credit phases out for bigger companies that pay more.
Q: Will the law force businesses to cut jobs?
A: Opinions differ on this.
The law "will further expand entitlements and explode the deficit, and raise taxes by a
half a trillion dollars at the worst possible time," said Thomas J. Donohue, president of the
U.S. Chamber of Commerce. "American jobs and growth are at risk."
Small businesses with just over 50 employees are especially likely to cut jobs, some
experts say, because they can escape penalties for not offering insurance simply by scaling
back to less than 50 employees.
But reform advocates say that the double-digit increases in health care costs in recent
years have been depressing wages and killing jobs already. They say that if the law slows the
rate of increase in health care costs, that will free businesses to pay more money for higher
salaries and more employees.
"Health care reform really is a job creator — and it helps businesses and employees
keep jobs," said Sen. Max Baucus, D-Mont., chairman of the Senate Finance Committee.
Q: Large businesses seem to be more comfortable with the law than small businesses. Why?
A: Because larger companies already tend to offer health insurance to their employees and
will be very happy if the law slows the rate of health care inflation. But for smaller
companies — especially those with 50 to 200 employees — there's no question that
the law is a new, if somewhat subsidized, burden.
Q: Are there businesses that will be especially affected?
A: Yes. The law targets companies that some see as instrumental in making Americans less
healthy. Starting this year, there will be a 10 percent tax on indoor tanning services. And
starting in 2011, chain restaurants and vending machines will have to disclose the nutritional
content of each item they sell.
Kevin Lipomi's company employs 55 people on Buffalo's East Side and he worries that the health care law is, for him, a good reason to trim his work force. To read his story, click here.
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Seniors
Q: Will the health law result in my Medicare benefits being cut?
A: Despite rhetoric to the contrary, Medicare advocates agree that the law, while including
efficiencies that extend the cash-strapped program's solvency by several years, doesn't trim
basic benefits at all.
"Not a single guaranteed benefit in Medicare is cut, and, in fact, benefits are improved,"
the Center for Medicare Advocacy said.
Q: How can it be that the government plans to cut $455 billion out of Medicare and other
health programs over 10 years without affecting benefits?
A: Medicare is the great engine driving health care costs higher, and the law aims to slow
that engine down in several ways. Under the law, Medicare will have to test payment systems
that aim to promote better coordination of care while improving its quality. The goal is to
cut down on duplication of services and to make sure seniors don't receive care they don't
need.
There's also an emphasis in making Medicare more efficient in parts of the country like
South Texas, where it costs more than twice as much as it does in Buffalo.
While providing more money to fight Medicare fraud, the law also sets up an independent
payment advisory board that will recommend ways for Medicare to save money and extend its
fiscal solvency.
Those measures account for more than half the Medicare savings, but the biggest single line
item will be about $200 billion in cuts in the Medicare Advantage program, in which the
government subsidizes private insurers like HealthNow and Independent Health to offer health
maintenance organizations to seniors. The government pays about 14 percent more for Medicare
Advantage than it does for regular Medicare, and starting in 2012, that subsidy will be
reduced.
Q: Does that mean if I am on Medicare Advantage my benefits may be cut?
A: Possibly. AARP notes that some Medicare Advantage plans now offer perks such as gym
memberships and free eyeglasses — and that such giveaways will be the first thing to go
if plans have to trim back benefits.
Co-pays and other costs to Medicare Advantage patients could also increase under the law,
said AARP, which supported the health care reform effort.
Q: How does the law affect the Medicare Part D prescription drug plan?
A: Most importantly, it phases out the much-loathed "doughnut hole" in the prescription
drug plan. Currently, Medicare recipients who spend $2,700 a year on drugs don't get any more
benefits until they have spent $6,154.
That will start to change this year, when people who fall into the doughnut hole will get a
$250 government rebate. Next year, those people will get a 50 percent discount on brand-name
drugs. From there, the government will slowly phase out the doughnut hole and close it
entirely by 2020, when 75 percent of drug costs will be covered.
Q: How will the new independent Medicare payment advisory board work, and what effect will
it have?
A: The board will recommend payment cuts when it determines that a particular Medicare
provider is being overpaid. Starting in 2014, the panel's recommendations will automatically
take effect unless Congress acts to stop them.
While it is too soon to know how much savings the board will find, some experts think drug
and medical-device makers are at most risk of seeing their payments cut.
Q: Are there any hidden benefits for seniors in the law?
A: Yes. Starting next year, Medicare will cover annual wellness visits for seniors. In
addition, starting next year, Medicare will cover all preventive services for seniors, such as
colonoscopies and mammograms.
Q: What ever happened to the provision in the bill that Sarah Palin described as creating
"death panels"?
A: While the House version of the bill included a provision offering end-of-life counseling
to seniors, the Senate excluded it from its bill, and the provision was not included in the
final legislation.
Supporters of the provision said it was a wild stretch to think such counseling sessions
would in any way lead to the government deciding who could live or die.
Gayle Abraham, a 64-year-old West Seneca resident, feels the pain of the Medicare prescription plan's "doughnut hole." To read her story, click here.
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Taxpayers
Q: Will my tax rate go up under the law?
A: Not right away, and not unless you have a relatively high income.
The first big tax increase for individuals will come in 2013 and will only affect
individual taxpayers who earn more than $200,000 and married couples who make more than
$250,00.
Q: How will that tax increase work?
A: The law increases the Medicare Part A tax rate by 0.9 percent (from 1.45 percent to 2.35
percent) on earnings over $200,000 for individual taxpayers and $250,000 for married couples
filing jointly. In addition, the law will establish a new 3.8 percent tax on unearned income
for higher-income taxpayers.
Q: How about the tax on high-end health plans — when does that start, and how big is
it?
A: Starting in 2018, there will be a new excise tax on insurers of employer-sponsored health
plans with an aggregate value of more than $10,200 for individual coverage and $27,500 for
family coverage.
Those thresholds will be indexed to inflation beginning in 2020 and may be adjusted upward
even earlier if health care costs increase more than expected. Higher thresholds will be
applied for older employees, retirees younger than 65 and those in high-risk professions.
The excise tax will be charged to the issuer of the insurance policy. To calculate it,
subtract the threshold amount listed above from the annual cost of the policy and multiply
that figure by 0.4.
Q: Are there any other tax provisions in the law that could directly affect me?
A: Yes. The law increases the tax on distributions from a health savings account or an
Archer Medical Savings Account that are not used for qualified medical expenses. For HSAs, the
rate will go from 10 percent to 20 percent starting in 2011, and for Archer MSAs, the rate
will go from 15 to 20 percent. Both changes take effect next year.
The law also limits the amount you can contribute to a flexible spending account for
medical expenses to $2,500 per year in 2013, with the limit to be adjusted upward annually
based on inflation.
In addition, the law will increase the threshold for the itemized deduction for
unreimbursed medical expenses to 10 percent of adjusted gross income, up from 7.5 percent
today. While this change takes effect in 2013 for most taxpayers, seniors will not be affected
until 2017.
Q: How can the Congressional Budget Office say that the law will save $143 billion over 10
years when it comes with a price tag of $940 billion?
A: The government is going to be spending billions on Medicare, Medicaid, veterans health
care and other programs, no matter what. Yes, the new law establishes a costly new burden:
subsidized health care for millions of Americans who don't now have it. But it pays for that
burden — and then some $#8212; through the increased taxes and efficiencies in Medicare
and Medicaid, the nonpartisan Congressional Budget Office said.
Q: How solid are the Budget Office projections?
A: The Congressional Budget Office has an impeccable reputation for accurate, unbiased
work. But its projections are only as good as the assumptions upon which they are based.
The assumptions are based on the notion that Congress will stick with the plan to cut
Medicare funding — and not amend the law to respond to angry doctors, hospitals or other
health providers.
Also, the CBO's work cannot accurately estimate whether demonstration projects aimed to cut
costs throughout the health care system will really work.
In other words, "while robust deficit reduction projections from the Congressional Budget
Office offer some reassurance about the legislation, there is a great deal of downside risk
that these projections will prove to be optimistic," said the Concord Coalition, a nonpartisan
deficit hawk.
Q: And what will happen if the law ends up costing far more than projected?
A: That's an open question. Congress could curtail benefits or increase taxes to pay for
the cost overruns — or simply let the federal deficit grow to even higher record levels.
None of those solutions is particularly politically palatable.
Mike Madigan, a 46-year-old Grand Island resident, feels the health-care law will be a budget-buster and a burden to future generations of Americans. To read his story, click here.
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What the law means for you
Interactive graphic by Wilson Andrews and Karen Yourish / Washington Post
Interactive graphic by Wilson Andrews and Karen Yourish / Washington Post
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