Provisions of the Affordable Care Act

Last updated

The Affordable Care Act (ACA) [1] is divided into 10 titles [2] and contains provisions that became effective immediately, 90 days after enactment, and six months after enactment, as well as provisions phased in through to 2020. [3] [4] Below are some of the key provisions of the ACA. For simplicity, the amendments in the Health Care and Education Reconciliation Act of 2010 are integrated into this timeline. [5] [6]

Contents

Provisions by effective date

Effective at enactment, March 23, 2010

Effective June 21, 2010

Effective July 1, 2010

Effective July 19, 2010

Effective September 23, 2010

Effective January 1, 2011

Effective September 1, 2011

Effective January 1, 2012

Effective August 1, 2012

Effective October 1, 2012

Effective January 1, 2013

Effective August 1, 2013

Effective October 1, 2013

Effective January 1, 2014

ACA Medicaid expansion by state.
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Not adopted
Adopted
Implemented Medicaid expansion map of US. Affordable Care Act.svg
ACA Medicaid expansion by state.
  Not adopted
  Adopted
  Implemented
United States Department of Health and Human Services (HHS) federal poverty level in 2014 [77]
Persons in Family Unit48 Contiguous States and D.C.AlaskaHawaii
1$11,670$14,580$13,420
2$15,730$19,660$18,090
3$19,790$24,740$22,760
4$23,850$29,820$27,430
5$27,910$34,900$32,100
6$31,970$39,980$36,770
7$36,030$45,060$41,440
8$40,090$50,140$46,110
Each additional
person adds
$4,060$5,080$4,670
Health Insurance Premiums and Cost Sharing under PPACA for Average Family of 4 [99] [104] [105] [106] [107]
Income % of federal poverty level Premium Cap as a Percentage of IncomeIncome $ (family of 4) a Max Annual Out-of-Pocket PremiumPremium Savings b Additional Cost-Sharing Subsidy
100%2%$23,850$477$10,851$5,040
133%3%$31,721$952$10,376$5,040
150%4%$35,775$1,431$9,897$5,040
200%6.3%$47,700$3,005$8,323$4,000
250%8.05%$59,625$4,800$6,528$1,930
300%9.5%$71,550$6,797$4,531$1,480
350%9.5%$83,475$7,930$3,398$1,480
400%9.5%$95,400$9,063$2,265$1,480
  1. ^ Note: The 2014 FPL is $11,670 for a single person and about $23,850 for family of four. [77] See Subsidy Calculator for specific dollar amount. [108]
  2. ^ DHHS and CBO estimate the average annual premium cost in 2014 will be $11,328 for a family of 4 without the reform. [105]
Maximum Out-of-Pocket Premium Payments
PPACA Premium CRS.jpg
Maximum Out-of-Pocket Premium Payments Under PPACA by Family Size and federal poverty level. [104] (Source: CRS)
PPACA Premium Chart.jpg
Maximum Out-of-Pocket Premium as Percentage of Family Income and federal poverty level [104] (Source: CRS)
  • Two federally regulated "multi-state plans" (MSP)—one of which must be offered by a non-profit insurer, and the other cannot cover abortion services—become available in a majority of state health insurance exchanges. The MSPs must abide by the same federal regulations required of an individual state's qualified health plans on the exchanges, and must provide identical cover privileges and premiums in all states. MSPs will be phased in nationally, being available in 60% of all states in 2014, 70% in 2015, 85% in 2016, and 100% in 2017. [109] [110]
  • Section 2708 to the Public Health Service Act becomes effective, which prohibits patient eligibility waiting periods in excess of 90 days for group health plan coverage. The 90-day rule applies to all grandfathered and non-grandfathered group health plans and group health insurance issuers, including multiemployer health plans and single-employer group health plans pursuant to collective bargaining arrangements. [111] Plans will still be allowed to impose eligibility requirements based on factors other than the lapse of time; for example, a health plan can restrict eligibility to employees who work at a particular location or who are in an eligible job classification. The waiting period limitation means that coverage must be effective no later than the 91st day after the employee satisfies the substantive eligibility requirements. [112]
  • Two years of tax credits will be offered to qualified small businesses. To receive the full benefit of a 50% premium subsidy, the small business must have an average payroll per full-time equivalent ("FTE") employee of no more than $50,000 and have no more than 25 FTEs. For the purposes of the calculation of FTEs, seasonal employees, and owners and their relations, are not considered. The subsidy is reduced by 3.35 percentage points per additional employee and 2 percentage points per additional $1,000 of average compensation. As an example, a 16 FTE firm with a $35,000 average salary would be entitled to a 10% premium subsidy. [113]
  • A $2,000 per employee penalty will be imposed on employers with more than 50 full-time employees who do not offer health insurance to their full-time workers (as amended by the reconciliation bill) – the 'Employer mandate'. [114] [115] "Full-time" is defined as, with respect to any month, an employee who is employed on average at least 30 hours of service per week. [115] In July 2013, the Obama administration announced this penalty would not be enforced until January 1, 2015. [116] [117]
  • For employer-sponsored plans, a $2,000 maximum annual deductible is established for any plan covering a single individual or a $4,000 maximum annual deductible for any other plan (see 111HR3590ENR, section 1302). These limits can be increased under rules set in section 1302. This provision was repealed on April 1, 2014 [118]
  • To finance part of the new spending, spending and coverage cuts are made to Medicare Advantage, the growth of Medicare provider payments are slowed (in part through the creation of a new Independent Payment Advisory Board), Medicare and Medicaid drug reimbursement rates are decreased, and other Medicare and Medicaid spending is cut. [6] [119]
  • Members of Congress and their staff are only offered health care plans through the exchanges or plans otherwise established by the bill (instead of the Federal Employees Health Benefits Program that they currently use). [120]
  • A new excise tax goes into effect that is applicable to pharmaceutical companies and is based on the market share of the company; it is expected to create $2.5 billion in annual revenue. [83]
  • Health insurance companies become subject to a new excise tax based on their market share; the rate gradually rises between 2014 and 2018 and thereafter increases at the rate of inflation. The tax is expected to yield up to $14.3 billion in annual revenue. [83]
  • The qualifying medical expenses deduction for Schedule A tax filings increases from 7.5% to 10% of adjusted gross income (AGI) for taxpayers under age 65. [121]
  • Consumer Operated and Oriented Plans (CO-OP), which are member-governed non-profit insurers, entitled to a 5-year federal loan, are permitted to start providing health care coverage. [122]
  • The Community Living Assistance Services and Supports Act (CLASS Act) provision would have created a voluntary long-term care insurance program, but in October 2011 the Department of Health and Human Services announced that the provision was unworkable and would be dropped. [123] [124] The CLASS Act was repealed January 1, 2013. [125]

Effective October 1, 2014

Effective January 1, 2015

Effective October 1, 2015

Effective January 1, 2016

Effective January 1, 2017

Effective January 1, 2018

Effective January 1, 2019

Effective January 1, 2020

Temporary waivers during implementation, 2010-2011

During the implementation of the law, there were interim regulations put in place for a specific type of employer-funded insurance, the so-called "mini-med" or limited-benefit plans, which are low-cost to employers who buy them for their employees, but cap coverage at a very low level. The waivers allowed employers to temporarily avoid the regulations ending annual and lifetime limits on coverage, and were put in place to encourage employers and insurers offering mini-med plans not to withdraw medical coverage before those regulations come into force, by which time small employers and individuals will be able to buy non-capped coverage through the exchanges. Employers were only granted a waiver if they could show that complying with the limit would mean a significant decrease in employees' benefits coverage or a significant increase in employees' premiums. [153]

By January 26, 2011, HHS said it had granted a total of 733 waivers for 2011, covering 2.1 million people, or about 1% of the privately insured population. [154] In June 2011, the Obama Administration announced that all applications for new waivers and renewals of existing ones had to be filed by September 22 of that year, and no new waivers would be approved after this date. [155]

The limited-benefit plans were sometimes offered to low-paid and part-time workers, for example in fast food restaurants or purchased direct from an insurer. Most company-provided health insurance policies starting on or after September 23, 2010, and before September 23, 2011, may not set an annual coverage cap lower than $750,000, [153] a lower limit that is raised in stages until 2014, by which time no insurance caps are allowed at all. By 2014, no health insurance, whether sold in the individual or group market, will be allowed to place an annual cap on coverage.

Among those receiving waivers were employers, large insurers, such as Aetna and Cigna, and union plans covering about one million employees. McDonald's, one of the employers that received a waiver, has 30,000 hourly employees whose plans have annual caps of $10,000. The waivers are issued for one year and can be reapplied for. [156] [157] Referring to the adjustments as "a balancing act", Nancy-Ann DeParle, director of the Office of Health Reform at the White House, said, "The president wants to have a smooth glide path to 2014." [156]

Delays

On July 2, 2013, the Obama Administration announced on the Treasury Department's website that it would delay the employer mandate for one year, under Proposed Regulations REG-138006-12 until 2015. [116] [117] [158] [159] In the statement, the Administration said that they were delaying implementation in order to meet two goals: "First, it will allow us to consider ways to simplify the new reporting requirements consistent with the law. Second, it will provide time to adapt health coverage and reporting systems while employers are moving toward making health coverage affordable and accessible for their employees." [159]

The announcement was met with strong criticism by some who claimed that the authority to delay the implementation of the law lay with Congress. [160] [161] [162] Senate Minority Leader Mitch McConnell argued that President Obama's authorization to delay the provision exceeded the limits of his executive power. [162] House Republicans brought two bills to a vote to draw attention to the issue: The Authority for Mandate Delay Act; and the Fairness for American Families Act, which would apply the same delay to the individual mandate, arguing that the individual mandate should be treated the same way – an action which the Obama Administration opposes. [160]

Constitutional scholar Simon Lazarus countered critics, saying that the delay was a lawful discretion of Executive power: "In effect, the Administration explains the delay as a sensible adjustment to phase-in enforcement, not a refusal to enforce… To be sure, the federal Administrative Procedure Act authorizes federal courts to compel agencies to initiate statutorily required actions that have been 'unreasonably delayed.' But courts have found delays to be unreasonable only in rare cases where, unlike this one, inaction had lasted for several years, and the recalcitrant agency could offer neither a persuasive excuse nor a credible end to its dithering." [163] [164] Critics of the House Republicans' comparison of the employer and individual mandate also pointed out that the two provisions are qualitatively different. [165] [166] [167]

In August, another provision was delayed for a year: the premium caps on group plans. This was to give employers time to arrange new accounting systems for the premium caps, but the caps are still planned to take effect on schedule for insurance plans on the exchanges. [100] [101] [102] [103]

On 10 February 2014, the Treasury Department issued Treasury Decision 9655, which are final regulation, that it would delay the employer mandate until 2016 for employers with 50 to 99 workers. [128] The Treasury Decision 9655 modifies Proposed Regulations REG-138006-12. [128]

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