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PPACA, COMPLIANCE & THE USA MARKET

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The USA healthcare market is the largest in the world followed by

Switzerland and Germany

•  It consists of broad services offered by various hospitals, physicians, nursing homes,

diagnostic laboratories, pharmacies and supported by drugs, pharmaceuticals, chemicals, medical equipment, manufacturers and suppliers.

•  Critical illness survival rates and access to pharmaceuticals and technology in the USA exceeds that of any other industrialized country

•  However, the system is costly and the increasing cost of healthcare services and insurance premiums have rapidly increased in the last 30 years

•  Many individual and employers have opted out of buying insurance plans

•  Many others cannot afford insurance plans - not everyone uninsured is indigent or poor. •  The system is flawed by its emphasis on catastrophic care and not preventative care,

fraud, abuse and waste of resources which adds to the cost of the healthcare system. •  The system is completely private and each individual is responsible for their medical bills

and medical care.

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Who pays…

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Where it goes…

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Healthcare Reform does not answer or address costs!

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2014 – After its rollout, the PPACA has seen the number of uninsured decrease at its greatest rate

to 13.4 % or 32 million.

2013 – With the PPACA nearing, the number of uninsured rose to 18% or 43 million. 2012 – Total Number of Uninsured is 42 million or 17.5%.

2011 – Slightly decreased to 38 million or 16.1% of the population.

2010 – When the PPACA was enacted the number of uninsured had increased since the start of

President Obama’s administration from 35 million to about 39 million or 16.4% of the population.

*Healthcare inflation was reported at 2.32% in October of 2013.

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What is PPACA, what does it aim to do & who does it

affect?

• The Patient Protection and Affordable Care Act was signed into law by President Barack Obama in March of 2010.

• It mandates that every individual must be covered by a healthcare plan by year 2014. A delay

has been imposed on the employer mandate until 2015.

• Individuals must purchase healthcare from a private company or “healthcare exchanges created by the states or the Federal Government in each of the 50 States.

• It does not obligate any employer to provide insurance, however it does place penalties on

employers that do not offer health plans to employees. It also places penalties on individuals that choose not to participate in a health plan offered by an employer via a tax penalty

administered by the IRS- This has become known as the “play or pay” rule.

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What is PPACA, what does it aim to do & who does it

affect?

• The law makes both insurance plans, individual and group employer plans, subject to the

mandates.

•  It permits self-funded plans with many exceptions more than 62% of all employers large and small have opted to go the self funded route.

• The law is enforced and administered by a collaboration of the Department of Labor, Health

and Human Services and the Internal Revenue Service. Further support falls under the responsibilities of state insurance commissioners.

• The law outlines the role of each of these entities in providing individual, small and large group

insurance coverage.

• The government will provide subsidies to those unable to afford health insurance via Expanded Medicaid or Healthcare Exchanges depending on income.

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•  The health policy must meet the definition of a group plan or a health issuer plan.

Short-term plans are not subject to PPACA regulations.

•  The health product must meet the definition of group or individual health insurance coverage.

•  Student health policies are subject to PPACA regulations & must comply.

•  Every plan must include certain provisions that are phased in from 2010 to 2015. •  Every plan must cover a scheme of basic benefits some with no limits or exclusions

that are known as “essential benefits”.

•  Employers that do not provide group plans may opt to send their employees to

the healthcare exchanges and pay a tax for not participating – Employer Shared Responsibility Mandate ( over 100 employees in size)

•  Applies to long term health plans, not short term health plans- short term health

plans are not to exceed one year.

If the plan is a group health plan or an individual health insurance

issuer offering individual or group health insurance coverage,

(includes HMO plans, Medicaid plans and Medicare HMO plans):

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THE PPACA ROLLOUT

March  2010  

Healthcare  Reform   Passes  and  will  be   implemented  in   phases  to  2014.    

September  2011  

26  US  States  file  a   lawsuit  against  the   federal  

government   claiming  that  the   PPACA  is    

unconsDtuDonal.  

June  2012  

Supreme  court   rules  that  the  law  is   consDtuDonal.  

October  2013  

Open  enrollment   begins  for  coverage   taking  effect  in   January  2014.  

March  2014  

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•  Minimum loss ratios by market of 80% or

85% (large vs. small employers) •  Rate Review

•  Guarantee Issue

•  Guarantee renewability

•  Policies cannot carry pre-existing conditions

•  No discrimination on health status

•  No discrimination of plan for highly

compensated employees vs. non highly compensated employees (executives vs. non executive)

ALL POLICIES ARE SUBJECT TO:

•  Additional Taxation of certain types of

policies by 2018 for exceptionally rich benefits if not offered to everyone (some employers offer more than one plan and employees may choose)

•  No lifetime maximums nor annual limits

•  Coverage of preventative care without cost sharing

•  Extension of adult dependent coverage

to age 26

•  No pre existing condition

•  Must provide “essential health” benefit

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1. AMBULATORY SERVICES

•  Primary care visit to treat an injury or illness. •  Specialist visit.

•  Other practitioner office visit (nurse, physician assistant).

•  Outpatient facility fee.

•  Outpatient surgery physician/surgical services. •  Home health care services.

•  Skilled nursing facility. •  Hospice services.

4. EMERGENCY SERVICES

•  Emergency room services.

•  Emergency transportation/ambulance. •  Urgent care centers or facilities.

3. HOSPITALIZATION

•  Inpatient hospital services (e.g. hospital stay). •  Inpatient physician and surgical services.

5. MATERNITY & NEWBORN CARE

•  Prenatal and postnatal care.

•  Delivery and all inpatient services for maternity care.

2. MENTAL HEALTH & SUBSTANCE USE DISORDER SERVICES

•  Mental/behavioral health outpatient services. •  Mental/behavioral health inpatient services. •  Substance abuse disorder outpatient services. •  Substance abuse disorder inpatient services.

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10. PRESCRIPTION DRUGS

•  Generic drugs.

•  Preferred brand drugs. •  Non-preferred brand drugs. •  Specialty drugs.

6.REHABILITATIVE & HABILITATIVE SERVICES

•  Outpatient physical therapy. •  Outpatient speech therapy. •  Outpatient occupational therapy. •  Durable medical equipment.

•  Rehabilitative Service Example: Speech therapy for •  an adult who has suffered a stroke.

•  Habilitative Service Example: Speech therapy for a non-verbal child with autism.

8. LABORATORY SERVICES

•  Diagnostic tests (x-rays and lab work). •  Imaging (CT/PET scans, MRIs).

9. PREVENTATIVE & WELLNESS SERVICES AND CHRONIC DISEASE MANAGEMENT

•  Preventative care/screening/immunizations.

7. PEDIATRIC SERVICES

(INCLUDING ORAL & VISION CARE)

•  Routine eye exam for children. •  Eye glasses for children.

•  Dental check-up for children.

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The law defines a person subject to PPACA as an “applicable individual,”

and “applicable individuals” must maintain the minimum essential

coverage.

Applicable individuals” are defined as “any individual that is a citizen of the USA or an alien lawfully present in the USA”*

•  Penalties are imposed on individuals that do not maintain minimum essential coverage via a tax administered and collected by the Internal Revenue Service (IRS), some exceptions may apply to this requirement.

The following examples illustrate the penalty for a single individual and for a family of four. Penalty amounts are shown for 2014, 2015, and 2016:

2014: $95 per individual & $285 per family, or 1% of household income.

2015: $325 per individual & $975 per family, or 2% of household income.

2016: $695 per individual & $2,085 per family or 2.5% of household income.

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PPACA does not:

•  Regulate insurances or insurance companies though it places some controls and some regulations in order to enforce PPACA.

•  Does not oversee the admittance of any insurance company into any state for the business of transacting insurance.

Foreign nationals entering the United States for the purpose of a work related

assignment for a foreign corporation domiciled in the country of origin of the expat or

a third country expat working for the same corporation may be subject to PPACA

depending on several situations having to do with:

ü Legal status of the employee

ü Filing Tax Status of the Employee

ü Social Security Tax being paid in the USA

•  As of early this year, new rules allow foreign insurance providers to approve their “group health

plans” as ACA-compliant by following certain steps. This will protect the individual from penalties & taxes.

•  Individual policies and student health plans may be approved following a separate process of

approval.

INPATS & THE PPACA

If the tax status, visa and conditions of employment

make the employee admitted alien or temporary admitted alien the individual may be subject to PPACA.

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PPACA Key Entities

:

The PPACA involves three main government entities – the IRS, CMS, & HHS – in regulating,

administering & implementing healthcare reform & its provisions.

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The PPACA is a law that applies to all residents, citizens, and admitted persons in the

USA – including employers and insurance providers.

Penalties for failure to follow PPACA compliance guidelines will be issued in the form of

a tax on both individuals and employers.

Admitted insurances face new taxes to fund the assistance of those who cannot afford

insurance.

Foreign insurance providers are not subject to these taxes, however – the “inpat”

individual may still be subject to such taxes.

New regulations permit foreign group health plans to be approved by the PPACA. For

individual health plans, approval can be achieved under certain conditions.

This approval will preclude these taxes being charged or applied.

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ABOUT PAYERFUSION

PayerFusion is a fully licensed Third Party Administrator and holds Certificates of

Authority from all U.S.A. Insurance Regulators to administer policies, collect premiums

process and execute claim payments on behalf of USA domestic and International

insurance carriers.

PayerFusion holds Underwriting Authority and is licensed to fully underwrite USA

self-funded plans that are fully reinsured (stop loss).

We have been developing and assisting our clients in PPACA compliance since 2010 and

act as a benefit consultant.

To date we have accomplished the approval of over 7 foreign insurance companies

accounting for more than 14 different plans for compliance in the USA so that the

members do not have to leave their plans and do not have to pay a penalty or tax.

Based in Miami, Florida, U.S.A., PayerFusion has developed an extensive suite of services

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