EBCP Flashcards
HIPAA
Health Insurance Portability and Accountability act of 1996
COBRA
Consolidated Omnibus Budget Reconciliation Act of 1985
ACA
Affordable Care Act
FMLA
Family Medical Leave Act
ERISA
Employee Retirement Income Security Act of 1974
What is HIPAA
Provides guidelines to protect Health information of individuals. PHI
It specifies how data should be protected.
What is COBRA
gives an employee the right to continue their medical benefits even after termination.
What is ACA
It is PPACA or Patient Protection and Affordable Care Act also called OBAMACARE, they created an online marketplace where an individual can purchase affordable health insurance regardless of pre existing health conditions.
What is ERISA
it is a federal law that sets standard rules and regulations for retirement and self funded plans.
What is FMLA
allows employees to take an unpaid, job protected leave for family and medical reasons up to a max of 12 work weeks of within a 12 month period.
What is Benefit Plan
Is a benefit offered by the employer to its employees. EX. HMO
What is CAFETERIA PLAN
Overall Term for all the benefits offered by the employers to employees who qualify under the IRC section 125. Benefits offered under this is non taxable to employees. It is called cafeteria because employees can choose from a list of benefits offered by the employers.
Give an Example of Consistency Rule
Consistency rule: Change to the election being requested must match the life event. or example, if the employee had a newborn child, the requested change must be to add the child. If the employee requests to terminate the coverage of a spouse because of a newborn child, that change is not permitted.
Who Can Sponsor a Cafeteria Plan?
Eligible employers include:
Corporations
Partnerships
Nonprofit organizations
Government entities
Limited liability companies (LLCs)
Limited liability partnerships (LLPs)
Sole proprietorship
Businesses that are under common control or are part of an affiliated service group (controlled groups) may sponsor a single plan for all their employees
Individuals are NOT qualified to participate in a cafeteria plan:
Self-employed individuals (because they are not employees)
Partners in a partnership (but the partners can sponsor a plan)
A more-than-2%-shareholder in a s Subchapter S corporation (but the corporation can sponsor the plan), even though the more-than-2% shareholders cannot participate - e.g. Mr. DoGood).
examples of individuals who are not considered qualified tax dependents according to the IRS, so benefits extended to them cannot be paid with pre-tax payroll deductions (or must be calculated as “imputed income” so it can be taxed).
Domestic partners (same sex or opposite sex)
A child who is over the age of 26 at the end of the calendar year unless disabled
Your parent, sister or grandparents
Girlfriend/boyfriend who lives with you
How Do Employees and Their Dependents Elect the Benefits They Want?
There are 3 types of events that would allow employees to make elections:
When first hired (or rehired):
Newly hired or rehired employees who complete the employer’s waiting period and meet the employer’s eligibility rules are notified when they can elect benefits under the employer’s cafeteria plan. Notification is usually through email, and the enrollment done via online or paper enrollment forms.
Annual open enrollment:
Once a year, the employer will notify all its employees that they can select theirs and their eligible dependents’ benefits for the new plan year.
Life Events occur:
If a life event (such as marriage) would permit the election of benefits provided the life event is a qualified life event according to IRS rules.
permitted life events: There are three rules to remember about changes to elections because of a life event:
- The life event must be in the list of qualified life events listed by the IRS; 2. The life event must be reported to the employer and the change to the election made by the employee within the required reporting period, usually 30 days from when the life event happened. 3. The change to the election being requested must match the life event. This is called the “consistency rule.” For example, if the employee had a newborn child, the requested change must be to add the child. If the employee requests to terminate the coverage of a spouse because of a newborn child, that change is not permitted.
What is Group Term Life Insurance
Benefits that employers give all their employees and pay 100% of the premium cost. These benefits do not have to be elected by employees; they automatically get enrolled in those benefits.
What is Waiting Period?
this is the amount of time an employee must wait after being hired before they can elect benefits. Note: There are IRS rules that limit waiting periods 90 days MAX
IRS Partial List of Qualified Life Events (Most Common) GIVE at least 3
Change in Status
Significant Cost Changes
Significant Curtailment of Coverage
Addition or Improvement of Benefit Package Option
Change in Coverage of Spouse or Dependent Under Another Employer Plan
Loss of Certain Other Health Coverage
Cobra Qualifying Event
Court Judgments, Decrees, or Orders
Entitlement to Medicare or Medicaid
FMLA Leave
Special Rule on Health Savings Accounts (not really a life event)
Reduction of Hours
Healthcare Exchange Enrollment
Does cafeteria plan allows changes for New Born? Yes or no? Explain.
newborn or adopted child can be added to the benefit plan of the employee within 30 days of the date of birth (or adoption) retroactively effective on the date of birth.
Sample Case Study: Marital Status Change
Karen married Joe in the middle of the plan year. . Joe is between jobs and has no health coverage. Can Karen add Joe t her Health coverage? Why. When is the effective date?
Yes she can. Karen, within 30 days of her marriage to Joe, can inform her employer of this life event and add Joe to her health coverage effective usually the first of the month after Karen submits the election change.
Can you change your Cafeteria plan in the middle of plan year?
No, since it is irrevocable according to IRS rules however IRS understands certain life events that you will experience that would allow you for changes and it is called permitted events by IRS.
Election Rules Include the Following:
Only employees can make elections for themselves and their qualified dependents.
Employers cannot just change payroll deductions without the consent of the employee for the employee’s benefit elections (unless it was being corrected because it was wrong).
Insurance and other contractual provisions may impose additional restraints on elections and election changes. For example, if the employer is late in sending elections to the insurance company, the insurance company can impose retroactive rules such as 60 days from the submission date would they allow a retroactive effective date of coverage. There are similar rules for submitting termination of coverage.
What is a Domestic Partner
Partners that are not married, either opposite sex or same sex. Some employers allow employee to add them on their benefit but is is not required. Some does not allow.
What is Summary of Benefits Coverage (SBC)
is a document that summarizes for the covered person what his or her health insurance benefit covers. In other words, it’s a benefits summary. Even COBRA participants have to receive an SBC.
2 Domestic Partner Affidavit as a proof
A: EE and partner must register their partnership in the state that allows or requires registration of Domestic Partnership. Like state of California, once registered they will be issued a CERTIFICATE OF DOMESTOC PARTNERSHIP.
B: Domestic Partners are required to sign an affidavit. The affidavit certify that they are:
*each others sole domestic partner and remain indefinitely
*reside in same residence
*Emotional and Financially interdependent
*must be of legal age 18 yrs old, and mentally competent
*not blood related
*Not legally married nor domestic partner of anyone else.
What is Deductible
The amount you must pay first, before the insurance will start to cover your medical expenses. This is usually set for an employee, and a higher amount for the family if you cover your family.
What is coinsurance
This is expressed in a %. This is the % of the expense you are responsible for. For example, a 20% coinsurance means, the health plan will pay 80% of the medical expense, and you will pay 20%