MINNESOTA SERVICE COOPERATIVES. Model Collective Bargaining Language. For Adoption of Group Medicare Supplemental Insurance



Similar documents
HEALTH NET LIFE INSURANCE COMPANY INDIVIDUAL MEDICARE SUPPLEMENT GUARANTEED ISSUE GUIDE

HEALTH NET LIFE INSURANCE COMPANY INDIVIDUAL MEDICARE SUPPLEMENT GUARANTEED ISSUE GUIDE

HEALTH NET LIFE INSURANCE COMPANY MEDICARE SUPPLEMENT GUARANTEE ISSUE GUIDE

Health Reimbursement Arrangement (HRA).

RETIREE BENEFITS Health Reimbursement Arrangement (HRA).

Important Notice from BAC International Health Fund (IHF) About Your Prescription Drug Coverage and Medicare

United Nations Insurance and Disbursement Service, FF-300, 304 East 45 th St. New York, NY Tel: (212)

Copyright by BIA 1 MEDICARE MADE SIMPLE BIA 1/14/2016 Boone Insurance Associates Education Guide: New

Click this button to place your order.

Medicare & Senior Advantage Guide for Retiring Physicians

WHEN COVERAGE ENDS AND CONTINUATION OF COVERAGE

An Employer s Guide to Group Health Continuation Coverage Under COBRA

COORDINATION OF BENEFITS MODEL REGULATION

DEERFIELD COMMUNITY CODE: SCHOOL DISTRICT DATE OF ADOPTION:

Member Fact Sheet Medicare Secondary Payer Small Employer Exception

HHS Final Rule on Transitional Reinsurance Fee Adds to Employer Costs

Welcome to Medicare! Module 1A

2006 Choosing a Medigap Policy:

COBRA Common Questions: Definitions

Continuation of. Health Insurance Benefits

Selected Employer Provisions in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010

THE NELSON TRUST

Health Insurance Information for Retirees 2012

Medicare Factsheet What is Medicare? Original Medicare (Part A and Part B) Medicare Advantage Plan (Part C) Prescription Drug Plans (Part D),

W-2 Reporting Bulletin

Faculty Alabama State Health Insurance Assistance Program and Medicare 101

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1170

Post-retirement Medical Benefit Plans County of Marin

We send this notice to all employees and retirees so everyone who needs this information receives it.

Health Care Reform: Major Provisions and Bargaining Strategies for Retirees

Group Medicare Plans Underwriting Guidelines

CHAPTER 354B INDIVIDUAL RETIREMENT ACCOUNT

Getting Started with Medicare

LCRA Frequently Asked Questions: Medicare Health Plans and Retiree Reimbursement Accounts (RRAs)

SUBCHAPTER T. MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES 28 TAC

John R. Kasich, Governor Mary Taylor, Lt. Governor/Director. Medicare Supplement Vs. Medicare Advantage

Senate Bill No. 2 CHAPTER 673

SUBCHAPTER T. MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES 28 TAC

Information provided by NYS Civil Service Medicare for Disability Retirees - September 2007

S e c t i o n 4 - P S E R S P o s t e m p l o y m e n t H e a l t h c a r e P r o g r a m s

Volume Ten, Issue Eight August 2007

Employer Reporting of Health Coverage Code Sections 6055 & 6056

Supplementing Medicare: Your Rights to Purchase a Medigap Policy

POLICY OF DISTRICT ON TAX SHELTER ANNUITY OPERATION

Estimated Impact of Medicare Part D On Retiree Prescription Drug Costs

SUMMARY PLAN DESCRIPTION RETIREE PARTICIPATION IN BENEFIT PLANS

THIS NOTICE IS BASED UPON THE AMERICAN AIRLINES RETIREE HEALTH COVERAGE (OR TWA RETIREE HEALTH COVERAGE) YOU HAVE AS OF OCTOBER,

THE BON-TON DEPARTMENT STORES, INC. WELFARE AND FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION

Health Care Reform Checklist: Provisions, Obstacles and Solutions

Medicare Benefits. As of 2012, approximately 50 million people were Medicare beneficiaries.

& Medicare NYSHIP. January New York State Department of Civil Service, Employee Benefits Division

Date Completed: RATIONALE

RESOLUTION NO NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1.

CITY OF FORT LAUDERDALE RETIREES INSURANCE BENEFITS INFORMATION

IBM Medicare Coverage Overhaul

MEDICARE FACTS 2014 MEDICARE AND YOUR ALCATEL-LUCENT COVERAGE

Medicare 101 What is the difference between Medicare and Medicaid? What is Medicare Part A? What is Medicare Part B? What is Medicare Part C?

MEDICARE PART D PRESCRIPTION DRUG COVERAGE 2016

What s News in Tax Analysis That Matters from Washington National Tax

Medicare Secondary Payer Overview. For Multiple Employer Group Health Plans and their Participating Employers

Medicare 101. Marketplace & Medicaid Transitions. Janice Meinert Kyle Fisher kfisher@phlp.org March 2016

COOPER Health Care Benefits. Benefit Enrollment Guide Salaried Cooper Tire Retirees 2015

HMO ILLINOIS A Blue Cross HMO a product of BlueCross BlueShield of Illinois SAMPLE COPY. Your Health Care Benefit Program

Affordable Care Act (ACA) Health Insurance Exchanges and Medicaid Expansion

& Medicare NYSHIP. January New York State Department of Civil Service, Employee Benefits Division

Briefing Paper. Cape Cod Municipal Health Group

Retiree Drug Coverage under the MMA: Issues for Public Comment to Maximize Enhancement in Drug Coverage and Reductions in Drug Costs for Retirees

NOTES CONCERNING SAMPLE MEDICAL EXPENSE REIMBURSEMENT PLAN:

Supplementing Medicare: Your Rights to Purchase a Medigap Policy

Medicare Factsheet. September 2, 2015 Page 1 of 6

MEDICARE PART D PRESCRIPTION DRUG COVERAGE: WHAT GUARDIANS and AGENTS NEED to KNOW

Medicare and People with Disabilities: An Overview

InSight. A Littler Mendelson Report. Health Care Reform: Are You Prepared? A Timeline for Employers to Follow

Employee Group Insurance Benefit Handbook

Retiree Benefits and the Rule of 75

Health Care Reform Management Alert Series Roadmap of Plan Changes Needed For Upcoming Plan Years

The New Municipal Health Insurance Law: Final FY12 Budget Proposal (H w/ Gov s Amendments in H. 3581)

FAQs about COBRA Continuation Health Coverage

CNIC. NAF BENEFITS Retirement Guide. Information on your: Retirement Plan Post Retirement Medical Post Retirement Life Insurance

Commonwealth Tax-Deferred Savings Plan

UNIVERSITY OF ROCHESTER LONG-TERM DISABILITY PLAN

CENTERS FOR MEDICARE & MEDICAID SERVICES

Disability. Short-Term Disability benefits. Long-Term Disability benefits

APPENDIX I MEMORANDUM OF UNDERSTANDING ON PROVISIONS OF HEALTH INSURANCE PLANS

AFFORDABLE CARE ACT REPORTING

Health Matters. A Guide for Medicare-Eligible Healthcare Options. Important health plan information enclosed.

NEW YORK STATE DEFERRED COMPENSATION PLAN LOCAL EMPLOYER ADOPTION KIT

How To Get A Health Insurance Plan From Ctf

ACA Impact on Health FSAs and HRAs Q&A the following questions were

VOLUNTARY FACULTY SEPARATION INCENTIVE PROGRAM (FSIP) 2016 Frequently Asked Questions (FAQs)

FAQs for Employees about COBRA Continuation Health Coverage

Health Savings Option with a Health Savings Account (HSA)

Post-65 Health Care Changes

Health Reimbursement Arrangement (HRA) Plan

Bakery & Confectionery Union & Industry International Pension Fund

Individual Health Savings Accounts

How To Get A Pension From The Boeing Company

2007 Choosing a Medigap Policy:

Medicare Enrollment Periods

COMMENTARY. Deciding Whether to Play or Pay Under the Affordable Care Act. Q&A 1: What Is the Employer Mandate? JONES DAY

Transcription:

MINNESOTA SERVICE COOPERATIVES Model Collective Bargaining Language For Adoption of Group Medicare Supplemental Insurance Instructions. The model collective bargaining language that follows addresses the implementation of employer-sponsored group Medicare supplemental insurance coverage for hospital, medical and prescription drug programs. Disclaimer. Model language may not be appropriate for every situation, and employers and unions should make their own determination as to the suitability of model language for their purposes. This model language is for discussion purposes only. It is not intended as legal or tax advice, and may not be relied upon as such. Legal review of these arrangements is recommended. Ground Rules Medicare Secondary Payer Rules. The Medicare Secondary Payer rules generally provide that employers may not offer Medicare supplemental insurance to individuals in current employment status or their dependents, even if those individuals or their dependents are eligible for Medicare because of age or disability. Except as provided below, these employers may only offer Medicare Supplemental Insurance to former employees and their dependents who are eligible because of age or disability. Exception for employers with fewer than 100 employees. If an employer had fewer than 100 employees, whether full-time or part-time, on at least 50% of its regular business days during the previous calendar year, Medicare supplemental insurance may be offered to active employees and dependents who are entitled to Medicare because they are disabled. Active employees would rarely if ever be entitled to Medicare because of disability, but a significant number of active employees may have disabled dependents that are eligible for Medicare. These family members could enroll in employersponsored Medicare Supplemental Insurance, and if they are the employee s only dependent, the active employee could then move from family to single coverage. Depending on the arrangement, this could result in cost savings to the employee while reducing the cost to the group health plan (by making Medicare primary). Exception for employers with fewer than 20 employees. If an employer does not have 20 or more employees for each working day in at least 20 weeks in either the current or previous calendar year, Medicare supplemental insurance may be offered to active employees and dependents who are entitled to Medicare because they have attained age 65. The 20-employee test must be run at the time the individual receives medical services for which Medicare benefits are paid, which requires constant monitoring by employers that have workforces close to the threshold. This is a risky proposition and not

recommended for groups near the edge of the 20-employee limit. End-Stage Renal Disease (ESRD). Employees and former employees with ESRD (kidney failure) cannot be offered Medicare Supplemental Insurance during the first 30 months of Medicare eligibility, unless the employee was already entitled to Medicare due to age or disability at the time they became eligible for ESRD-based Medicare. Minnesota Law. Minnesota law generally provides that governmental units must allow a former employee and the employee's dependents to continue to participate indefinitely in the same employer-sponsored hospital, medical, and dental insurance group that the employee participated in immediately before retirement. Presumably, then, a former employee may voluntarily choose alternative coverage for the employee and his or her dependents. Because the employer-sponsored Medicare Supplemental Insurance provides excellent coverage at a lower cost (due to the federal subsidy), it may make sense for individuals to select this option for themselves and their beneficiaries notwithstanding any right to remain on the employer s plan. Once a former employee turns 65, the former employee need not be pooled in the same group as active employees for purposes of establishing premiums and coverage. The model language includes options for offering Medicare Supplemental Insurance as the exclusive employer-sponsored group coverage for individuals who attain age 65. Objective. The reason for offering employer-sponsored group Medicare supplemental insurance is to maximize the value of federal Medicare subsidies to the extent permitted by law. Because older individuals incur significantly higher medical costs, this shifts the burden of retiree coverage from local taxpayers to the federal government. It also reduces claims under the plan that will lead to the higher premiums. Depending upon employer subsidies, if any, the cost of Medicare supplemental insurance to former employees is generally much less than the cost of remaining on the employer s plan. Provided that the level of coverage is satisfactory to individuals and unions, it makes sense to maximized opportunities to encourage voluntary adoption of the Medicare supplemental insurance coverage, and to require that former employees and their dependents enroll in such coverage upon attaining age 65. MODEL LANGUAGE ARTICLE 1. Employer-Sponsored Group Medicare Supplemental Insurance for Employees and Dependents. Section 1. Coverage and Effective Date. Effective [insert effective date] (the Effective Date ), Employer shall make available one or more group Medicare supplemental health insurance policies for hospital, medical and prescription drug coverage ( Medicare Supplemental Insurance). The Medicare Supplemental Insurance is described in Attachment 1.

Section 2. Eligibility. Medicare Supplemental Insurance is only available to former employees and dependents of former employees if the former employee or dependent is (1) eligible for and enrolled in Medicare (including Parts A, B, and D, as may be required by the terms of the supplemental coverage selected by the individual) and is (2) entitled under Minnesota law to continue indefinitely in employer-sponsored group health insurance. For this purpose, a dependent has the same meaning as under the Employer s group health plan for active employees, and a former employee may receive dependent coverage only if the employee received dependent coverage immediately before leaving employment. Comment: Minn. Stat. Sec. 471.61, Subd. 2 provides that in order to be eligible to continue indefinitely in employer-sponsored group health coverage, the former employee must be receiving a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer firefighter plan, or must have met age and service requirements necessary to receive an annuity from such a plan. In addition, such former employees and dependents (hereafter, Eligible Individuals ) must fall within one or more of the classifications described below. Subd. 1. Voluntary Coverage. The following Eligible Individuals may voluntarily elect coverage under a Medicare Supplement policy in lieu of other coverage available through the Employer [choose one or more]: (1) Former employees who have not yet attained age 65, but who are entitled to Medicare because of disability; (2) Dependents of former employees [option if less than 100 employees: and active employees ] who are entitled to Medicare because of disability; (3) Dependents of former employees [option if less than 20 employees: and active employees ] who are eligible to enroll in Medicare because they have attained age 65; (4) Former employees [option if less than 20 employees: and active employees ] who have attained age 65 or older. Comment: Under Minnesota law, it may be possible to limit coverage for former employees who have attained age 65 or older to Medicare Supplemental Coverage. These options are set forth in Subd. 2 below, entitled Exclusive Coverage Available to Former Employees and Dependents age 65 or older. When drafting collective bargaining language, care should be taken to ensure that the voluntary coverage and exclusive coverage provisions are consistent. Not also that if a former employee elects Medicare Supplemental Insurance, the former employee s dependents may elect to continue coverage under the Employer s group health plan or if eligible for Medicare, elect Medicare Supplemental Insurance.

Sudb. 2. Exclusive Coverage Available for Former Employees and Dependents age 65 or older. The Medicare Supplemental Insurance described herein is the sole and exclusive coverage option provided by the Employer for the following individuals [choose one or more]: (1) Former employees [option if less than 20 employees: and active employees ] who have attained age 65 or older; and (2) Dependents of former employees [option if less than 20 employees: and active employees ] when both the dependent and the former employee are age 65 or older [Option if less than 100 employees: (3) Dependents of former and active employees who entitled to Medicare because of disability. ] Legal argument for limiting coverage to Medicare Supplemental Insurance at age 65. The Medicare Secondary Payer rules permit an employer to offer Medicare Supplemental Insurance to former employees who have attained age 65 and older as the exclusive form or retiree coverage (generally, federal law does not require employers to offer any form of retiree coverage). Employers with less than 20 employees may offer the same benefit to active employees age 65 or older (and eliminate other group coverage for this group). These rules may not apply, however, to employees who are Medicare-eligible because of ESRD. Minn. Stat. Sec. 471.61, subd. 2b only requires that former employees be pooled with the active employees until age 65. Upon attaining age 65, the employer must continue to offer a group health option, but it does not have to be the same option made available to active employees. As the Minnesota Attorney General has noted, the reference to age 65 in subd. 2b above leads to the conclusion that, while retired employees may participate indefinitely in an employersponsored group plan, the premium and level of coverage provided to retired employees 65 years of age and over may differ from that provided to then-active employees. Minn. Op. Atty. Gen. 1616-7, 1998 WL 901742. There is no Minnesota statutory or regulatory guidance on whether an employer-sponsored Medicare supplemental insurance plan is the same as an employersponsored group plan. But a large body of federal law supports such a conclusion. Finally, the United States Supreme Court recently let stand a decision by the lower courts which allows employers to offer different coverage to retirees who attain age 65 without violating the Age Discrimination in Employment Act. From a legal perspective, therefore, it appears that an employer may meet its obligation to allow certain eligible former employees to remain on its group plan indefinitely even if it limits coverage after age 65 to Medicare Supplemental Insurance. Subd. 3. End-Stage Renal Disease (ESRD). Notwithstanding the forgoing, individuals with ESRD shall not be eligible for Medicare Supplemental Insurance during the first 30 months of the individual s ESRD-based Medicare eligibility or entitlement, unless the individual was entitled to Medicare due to age or disability on a primary basis at the time he or she becomes eligible for ESRD-based Medicare.

Section 3. Contributions. [Option 1: no employer contributions]. Eligible Individuals shall pay 100% of the cost of coverage under the Employer s Medicare Supplemental Insurance. Premiums are subject to change on an annual basis. The Employer may discontinue coverage if an Eligible Individual fails to pay the premium when due. In no event shall the Employer be responsible for the payment of any penalty or increased premiums as a result of an employee s late enrollment in Medicare. [Option 2: Employer contributions]. The Employer shall contribute an amount not to exceed the following for certain Eligible Individuals: (1) Not more than $ towards the monthly premium cost of Medicare Supplemental Insurance for former employees who have not yet attained age 65, but who are entitled to Medicare because of disability; (2) Not more than $ towards the monthly premium cost of Medicare Supplemental Insurance for dependents of former employees [option if less than 100 employees: and active employees ] who are entitled to Medicare because of disability; (3) Not more than $ towards the monthly premium cost of Medicare Supplemental Insurance for dependents of former employees [option if less than 20 employees: and active employees ] who are eligible to enroll in Medicare because they have attained age 65; (4) Not more than $ towards the monthly premium cost of Medicare Supplemental Insurance for former employees [option if less than 20 employees: and active employees ] who have attained age 65 or older]. Comment. Employers may wish to make contributions towards the Medicare Supplemental Insurance to encourage Eligible Individuals to enroll in these programs. Section 4. No Vested Rights. The benefits described herein will be provided during the term of this collective bargaining agreement ( Agreement ). In no event shall this Agreement provide any individual with vested rights to benefits, rights or features under the Employer s group health plan or Medicare Supplemental Insurance, nor shall employees who retiree during the term of this agreement be provided any such vested rights. Nothing in this Agreement requires the Employer to maintain a group health plan or a Medicare Supplemental Insurance beyond the term of hereof. If and to the extent that future agreements provide for group health coverage, these agreements may result in changes to the Employer s group health plan and Medicare Supplemental Insurance, including but not limited to changes in required contributions, covered procedures, available providers, deductibles, co-pays, or co-insurance. No modification of the terms of this Agreement shall be effective unless it is in writing and signed on behalf of the Employer and the Union. No oral representation concerning the interpretation or effect of this Agreement shall be effective to amend the Agreement. Employer shall not be bound to provide any benefit deemed not to comply with state or federal law.