Tri-Agency Proposed Rule on Health Reimbursement Arrangements

The Department of the Treasury (Treasury), Department of Labor (DOL), and Department of Health and Human Services (HHS) (collectively, the Departments) released their proposed rule regarding health reimbursement arrangements (HRAs) and other account-based group health plans. The DOL also issued a news release and fact sheet on the proposed rule.
The proposed rule’s goal is to expand the flexibility and use of HRAs to provide individuals with additional options to obtain quality, affordable healthcare. According to the Departments, these changes will facilitate a more efficient healthcare system by increasing employees’ consumer choice and promoting healthcare market competition by adding employer options.
To do so, the proposed rules would expand the use of HRAs by:

  • Removing the current prohibition against integrating an HRA with individual health insurance coverage (individual coverage)
  • Expanding the definition of limited excepted benefits to recognize certain HRAs as limited excepted benefits if certain conditions are met (excepted benefit HRA)
  • Providing premium tax credit (PTC) eligibility rules for people who are offered an HRA integrated with individual coverage
  • Assuring HRA and Qualified Small Employer Health Reimbursement Arrangement (QSEHRA) plan sponsors that reimbursement of individual coverage by the HRA or QSEHRA does not become part of an ERISA plan when certain conditions are met
  • Changing individual market special enrollment periods for individuals who gain access to HRAs integrated with individual coverage or who are provided QSEHRAs

Public comments are due by December 28, 2018. If the proposed rule is finalized, it will be effective for plan years beginning on or after January 1, 2020.

by Karen Hsu
Originally posted on ubabenefits.com

Be the Boss You Want to See in the World

Be the Boss You Want to See in the World

An article in the Harvard Business Review suggests that the traits that make someone become a leader aren’t always the ones that make someone an effective leader. Instead, efficacy can be traced to ethicality. Here are a few tips to be an ethical leader.


Humility tops charisma
A little charisma goes a long way. Too much and a leader risks being seen as self-absorbed. Instead, focus on the good of the group, not just sounding good.

Hold steady
Proving reliable and dependable matters. Showing that—yes—the boss follows the rules, too, earns the trust and respect of the people who work for you.

Don’t be the fun boss
It’s tempting to want to be well liked. But showing responsibility and professionalism is better for the health of the team—and your reputation.

Don’t forget to do
Analysis and careful consideration is always appreciated. But at the top you also have to make the call, and make sure it’s not just about the bottom line.

Keep it up!
Once you get comfortable in your leadership role, you may get too comfortable. Seek feedback and stay vigilant.

A company that highlights what happens when leaders aren’t the ones to champion ethics is presented in Human Resource Executive. Theranos had a very public rise and fall, and the author of the article cites the critical role compliance and ethics metrics might have played in pushing for better accountability. The article also makes the case for the powerful role of HR professionals in helping guide more impactful ethics conversations.

One high profile case study of a company recognizing that leadership needed to do more is Uber. Here, leadership realized that fast growth was leading to a crumbling culture. A piece in Yahoo! Sports shows how explosive growth can mean less time to mature as a company. Instead of focusing of partnerships with customers and drivers, Uber became myopically customer-and growth-focused. This led to frustrations for drivers and ultimately a class-action lawsuit. New initiatives, from tipping to phone support to a driver being able to select riders that will get them closer to home, have been rolled out in recent months. These changes have been welcome, but, as the leadership reflected, could have been more proactively implemented to everyone’s benefit. The mindset of bringing people along will also potentially help Uber maintain better ties with municipalities, which ultimately, is good for growth.

Harvard Business Review Don’t Try to Be the Fun Boss” — and Other Lessons in Ethical Leadership

Yahoo! Sports – How Uber is recovering from a ‘moral breaking point’

Human Resource Executive – An Ethics Lesson
by Bill Olson

Originally posted on ubabenefits.com

Choosing the Right Flexible Benefit for Employees

Choosing the Right Flexible Benefit for Employees

Trying to decide which of the many employer-sponsored benefits out there to offer employees can leave an employer feeling lost in a confusing bowl of alphabet soup—HSA? FSA? DCAP? HRA? What does it mean if a benefit is “limited” or “post-deductible”? Which one is use-it-or-lose-it? Which one has a rollover? What are the limits on each benefit?—and so on.
While there are many details to cover for each of these benefit options, perhaps the first and most important question to answer is: which of these benefits is going to best suit the needs of both my business and my employees? In this article, we will cover the basic pros and cons of Flexible Spending Arrangements (FSA), Health Savings Accounts (HSA), and Health Reimbursement Arrangements (HRA) to help you better answer that question.
Flexible Spending Arrangements (FSA)
An FSA is an employer-sponsored and employer-owned benefit that allows employee participants to be reimbursed for certain expenses with amounts deducted from their salaries pre-tax. An FSA can include both the Health FSA that reimburses uncovered medical expenses and the Dependent Care FSA that reimburses for dependent expenses like day care and child care.
Pros:

  • Benefits can be funded entirely from employee salary reductions (ER contributions are an option)
  • Participants have access to full annual elections on day 1 of the benefit (Health FSA only)
  • Participants save on taxes by reducing their taxable income; employers save also by paying less in payroll taxes like FICA and FUTA
  • An FSA allows participants to “give themselves a raise” by reducing the taxes on healthcare expenses they would have had anyway

Cons:

  • Employers risk losing money should an employee quit or leave the program prior to fully funding their FSA election
  • Employees risk losing money should their healthcare expenses total less than their election (the infamous use-it-or-lose-it—though there are ways to mitigate this problem, such as the $500 rollover option)
  • FSA elections are irrevocable after open enrollment; only a qualifying change of status event permits a change of election mid-year
  • Only so much can be elected for an FSA. For 2018, Health FSAs are capped at $2,650, and Dependent Care Accounts are generally capped at $5,000
  • FSA plans are almost always offered under a cafeteria plan; as such, they are subject to several non-discrimination rules and tests

Health Savings Accounts (HSA)
An HSA is an employee-owned account that allows participants to set aside funds to pay for the same expenses that are eligible under a Health FSA. Also like an FSA, these accounts can be offered under a cafeteria plan so that participants may fund their accounts through pre-tax salary reductions.
Pros:

  • HSAs are “triple-tax advantaged”—the contributions are tax free, the funds are not taxed if paid for eligible expenses, and any gains on the funds (interest, dividends) are also tax-free
  • HSAs are portable, employee-owned, interest-bearing bank accounts; the account remains with the employees even if they leave the company
  • Certain HSAs allow participants to invest a portion of the balance into mutual funds; any earnings on these investments are non-taxable
  • Upon reaching retirement, participants can use any remaining HSA funds to pay for any expense without a tax penalty (though normal taxes are required for non-qualified expenses); also, retirees can use the funds tax-free to pay premiums on any supplemental Medicare coverage. This feature allows HSAs to operate as a secondary retirement fund
  • There is no use-it-or-lose-it with HSAs; all funds employees contribute stay in their accounts and remain theirs in perpetuity. Also, participants may alter their deduction amounts at any time
  • Like FSAs, employers can either allow the HSA to be entirely employee-funded, or they may choose to also make contributions to their employees’ HSA accounts
  • Even though they are often offered under a cafeteria plan, HSAs do not carry the same non-discrimination requirements as an FSA. Moreover, there is less administrative burden for the employer as the employees carry the liability for their own accounts

Cons:

  • To open and contribute to an HSA, an employee must be covered by a qualifying high deductible health plan; moreover, they cannot be covered by any other health coverage (a spouse’s health insurance, an FSA (unless limited), or otherwise)
  • Participants are limited to reimburse only what they have contributed—there is no “front-loading” like with an FSA
  • Participant contributions to an HSA also have an annual limit. For 2018, that limit is $3,450 for an employee with single coverage and $6,900 for an employee with family coverage (participants over 55 can add an additional $1,000; also, remember there is no total account limit)
  • Participation in an HSA precludes participation in any other benefit that provides health coverage. This means employees with an HSA cannot participate in either an FSA or an HRA. Employers can work around this by offering a special limited FSA or HRA that only reimburses dental and vision benefits, meets certain deductible requirements, or both
  • HSAs are treated as bank accounts for legal purposes, so they are subject to many of the same laws that govern bank accounts, like the Patriot Act. Participants are often required to verify their identity to open an HSA, an administrative burden that does not apply to either an FSA or an HRA

Health Reimbursement Arrangements (HRA)
An HRA is an employer-owned and employer-sponsored account that, unlike FSAs and HSAs, is completely funded with employer monies. Employers can think of these accounts as their own supplemental health plans that they create for their employees
Pros:

  • HRAs are extremely flexible in terms of design and function; employers can essentially create the benefit to reimburse the specific expenses at the specific time and under the specific conditions that the employers want
  • HRAs can be an excellent way to “soften the blow” of an increase in major medical insurance costs—employers can use an HRA to mitigate an increase in premiums, deductibles, or other out-of-pocket expenses
  • HRAs can be simpler to administer than an FSA or even an HSA, provided that the plan design is simple and efficient: there are no payroll deductions to track, usually less reimbursements to process, and no individual participant elections to manage
  • Small employers may qualify for a special type of HRA, a Qualified Small Employer HRA (or QSEHRA), that even allows participants to be reimbursed for their insurance premiums (special regulations apply)
  • Funds can remain with the employer if someone terminates employment and have not submitted for reimbursement

Cons:

  • HRAs are entirely employer funded. No employee funds or salary reductions may be used to help pay for the benefit. Some employers may not have the funding to operate such a benefit
  • HRAs are subject to the Affordable Care Act. As such, they must be “integrated” with major medical coverage if they provide any sort of health expense reimbursement and are also subject to several regulations
  • HRAs are also subject to many of the same non-discrimination requirements as the Health FSA
  • HRAs often go under-utilized; employers may pay an amount of administrative costs that is disproportionate to how much employees actually use the benefit
  • Employers can often get “stuck in the weeds” with an overly complicated HRA plan design. Such designs create frustration on the part of the participants, the benefits administrator, and the employer

For help in determining which flexible benefit is right for your business, contact us!
by Blake London
Originally posted on ubabenefits.com

Making a Remote Team Work

In a tight labor market, a candidate’s potential commute can make a job more or less attractive. HumanResources reports that a quarter of employees surveyed had left a job because of the commute. When looking at just Millennials, the number jumps to one third. Employees can be choosy, selecting a job that offers more of what they want, and that means less of a commute. Companies can work around this by offering transportation amenities, flexible scheduling or more remote working opportunities.

 Forbes has a recent interview with Tamara Littleton, founder of The Social Element, who’s successfully built a remote team at the social media management agency. She argues culture starts at the top. By treating people well, which includes offering remote opportunities, it sets a tone for the whole company. Creating opportunities for in-person meetings and gatherings balance any isolation that may happen. Then, more regular face-to-face communication, essential to build trust and teamwork, comes via video calls when email might otherwise be the default. Newsletters and webinars keep the team connected and ensure important messages aren’t missed. She can point to the success of her ideas with the hire of many senior team members, willing to sacrifice some pay for more flexibility. 

When implementing remote-friendly strategies, there are plenty of success stories to draw inspiration. Entrepreneur has some tips from Zapier, a company that has been on the forefront of offering alternative working arrangements. In fact, they offer a “de-location” package to encourage employees to move from the cost-prohibitive Bay Area. Tools like Slack facilitate real-time communication, with tools to find ideal meeting times across time zones and channels themed for non-work related conversations. Bots regularly and randomly pair up employees to get a chance to know one another during a brief call. A semi-regular retreat brings people together in person and impromptu video dance parties make slow days more fun.

The takeaway? Being proactive and creative to build remote work policies can get you the employees you want, wherever they may be.

HumanResources
Travelling to and fro office may drive your employees to quit
https://www.humanresourcesonline.net/travelling-to-and-fro-office-may-drive-your-employees-to-quit/

Forbes
How To Build A Culture Of Trust In A Large Remote Team
https://www.forbes.com/sites/brettonputter/2018/10/04/how-to-build-a-culture-of-trust-in-a-large-remote-team/#5d4e5d23188c

Entrepreneur
This Company Hosts Virtual Dance Parties to Help Its 170 Remote Employees Feel Connected
https://www.entrepreneur.com/article/320411
by Bill Olson

Originally posted on ubabenefits.com

Look Backward to Plan Forward

Look Backward to Plan Forward

We have entered Open Enrollment season and that means you and everyone in your office are probably reading through enrollment guides and trying to decipher it all. As you begin your research into which plan to choose or even how much to contribute to your Health Savings Account (HSA), consider evaluating how you used your health plan last year. Looking backward can actually help you plan forward and make the most of your health care dollars for the coming year.
Forbes magazine gives the advice, “Think of Open Enrollment as your time to revisit your benefits to make sure you are taking full advantage of them.” First, look at how often you used health care services this year. Did you go to the doctor a lot? Did you begin a new prescription drug regimen? What procedures did you have done and what are their likelihood of needing to be done again this year? As you evaluate how you used your dollars last year, you can predict how your dollars may be spent next year and choose a plan that accommodates your spending.
Second, don’t assume your insurance coverage will be the same year after year. Your company may change providers or even what services they will cover with the same provider. You may also have better coverage on services and procedures that were previously not eligible for you. If you have choices on which plan to enroll in, make sure you are comparing each plan’s costs for premiums, deductibles, copays, and coinsurance for next year. Don’t make the mistake of choosing a plan based on how it was written in years prior.
Third, make sure you are taking full advantage of your company’s services. For instance, their preventative health benefits. Do they offer discounted gym memberships? What about weight-loss counseling services or surgery? How frequently can you visit the dentist for cleanings or the optometrist? Make sure you know what is covered and that you are using the services provided for you. Check to see if your company gives discounts on health insurance premiums for completing health surveys or wellness programs—even for wearing fitness trackers! Don’t leave money on the table by not being educated on what is offered.
Finally, look at your company’s policy choices for life insurance. Taking out a personal life insurance policy can be very costly but ones offered through your office are much more reasonable. Why? You reap the cost benefit of being a part of a group life policy. Again, look at how your family is expected to change this year—are you getting married or having a baby, or even going through a divorce? Consider changing your life insurance coverage to account for these life changes. Forbes says that “people entering or exiting your life is typically a good indicator that you may want to revisit your existing benefits.”
As you make choices for yourself and/or your family this Open Enrollment season, be sure to look at ALL the options available to you. Do your research. Take the time to understand your options—your HR department may even have a tool available to help you estimate the best health care plan for you and your dependents. And remember, looking backward on your past habits and expenses can be an important tool to help you plan forward for next year.