Frequently Asked Questions on the Affordable Care Act (ACA) at USU



Similar documents
Affordable Care Act Guidelines for Casper College Published July 2015 Health Insurance Eligibility

Affordable Care Act- What Departments Need to Know. Kathy Musselman Lisa Batey September 2014

PERSONNEL POLICIES AND PROCEDURES Personnel Policy Adopted by Res.: 1323 (2014)

System Implementation of the Affordable Care Act

FAQs: Variable Hour Employees Working on Campus and the Affordable Care Act (ACA)

Statement of Benefit Eligibility for Centrally Administered Employee Benefits Programs

New Regulations for Teacher Retirement System of Texas (TRS) and Affordable Care Act (ACA) Legislation

ACA guidelines consider these employees "variable hour" employees. At Wellesley College, variable hour employees include:

Helbling Benefits Consulting Your Health Care Reform Partner

Using the Look-Back Measurement Method to Determine Full Time Status Lisa Klinger, J.D. & Susan Grassli, J.D.

Procedure: AFFORDABLE CARE ACT COMPLIANCE (AP-006) Contact: Director of Human Resources and Risk Management, Ext. 7017

Definition of Full-Time Employee and Waiting Period Part of the Patient Protection and Affordable Care Act (PPACA)

Frequently Asked Questions: The Affordable Care Act and You

CONTINUATION COVERAGE NOTIFICATION (COBRA)

Overview of 4980H Penalties and IRS Reporting. Measurement Method Basics. Look-Back Measurement Method Details. Forms 1094 and 1095 (B and C forms)

Q&A from Assurex Global Webinar. Employer ACA Reporting Requirements. Q: Where will these forms come from? will the IRS provide them?

ACA: Understanding the Defining a Path Forward

Determining Full-Time Employees under the Affordable Care Act

Navigating the Employer Mandate

OPEN ENROLLMENT FOR HEALTH BENEFITS 2014 ADJUNCT FACULTY

FAQs. Work Hours Limitation for Wage Employees

The Right To Continue COBRA Coverage

Health care reform at-a-glance Employer duty to provide coverage

WAITING PERIOD FOR GROUP INSURANCE BENEFITS

} 1095&1094 SOLUTION }

Affordable Care Act Compliance. May 2014

SOUTH COLONIE CENTRAL SCHOOLS HEALTH INSURANCE REGULATIONS JULY 1, 2015

FAQ: PARTICIPANTS ON EARNED COVERAGE

COBRA Basics Q&A the following questions were asked during the two

OUTSIDE IDAHO MEDICAL, DENTAL, AND VISION PLANS

COUNTY OF KERN. HEALTH BENEFITS ELIGIBILITY POLICY for participants without Active Employee Medical Coverage. Rev 6/13

Second Reading: 1/26/ of 5

Sample Employee FAQs Explaining Benefits Eligibility

SUMMARY PLAN DESCRIPTION RETIREE PARTICIPATION IN BENEFIT PLANS

Frequently Asked Questions as of 01/07/2015 Healthcare FSA Administration with Carryover Provision

Overview of Reporting Requirements. ACA Reporting. Overview. Overview of Reporting Requirements. ACA Reporting Examples

Q. My company already offers employee health coverage, how does the law impact me?

Insurance and Other Benefits

FAQ. Affordable Care Act s Employer Mandate: Deciding Whether Your Organization Should Pay or Play FAQ

Legislative Brief: PAY OR PLAY PENALTIES LOOK BACK MEASUREMENT METHOD EXAMPLES. EmPowerHR

Potential Penalties for Employers under the Pay or Play Rules

Health and Life Insurance, Disability and Death Benefits

5.21 Health Insurance Eligibility and Affordable Care Act

BEST PRACTICES Health Insurance Marketplace Guidance

Parker, Smith & Feek - ACA Update: 2014 November 2013

FREQUENT ASKED QUESTIONS Revised: October 2014

Affordable Care Act FAQ

Ten Things Your Clients Wish You Knew About Medicare A CLE presentation for the CBA Elder Law Section

Office of Group Benefits Health Plan-Recognized Qualifying Life Events 2016

City of Riverside, California Human Resources Policy and Procedure Manual

Affordable Care Act (ACA) Frequently Asked Questions

WORK CHANGES REQUIRE HEALTH CHOICES PROTECT YOUR RIGHTS EMPLOYEE BENEFITS SECURITY ADMINISTRATION UNITED STATES DEPARTMENT OF LABOR

IRS Eases Employers Into Employer Mandate

New ACA Pay or Play Penalty Regulations and Update on P.A Mary V. Bauman

Continuation of. Health Insurance Benefits

CSU Benefits Plan (Cost Share) Privileges and Benefits for Calendar Year (970) 491-MyHR (6947)

UIC. Steps to complete Appeal:

CLICK HERE TO ADD TITLE

PENALTIES Employer Shared Responsibility under the Affordable Care Act (ACA)

Health Care Reform 2015 Update

payroll processing made easy

FAQ: Health Care Reform and Minnesota s Nonprofit Employers

Continuation of Health Benefits Under COBRA

Frequently Asked Questions

Applying for a Marketplace Plan if You Can Get Health Insurance through Your Job

Healthcare Exchanges / Marketplaces Frequently Asked Questions For Students & Campus Administrators

The Affordable Care Act (ACA) Notice of Health Insurance Marketplace Coverage Options and Your Public Employees Benefits Board (PEBB) Benefits

How To Apply For A Graduate Assistantship In Child, Youth And Family Studies

Georgia State University GRADUATE ASSISTANT POLICY

Patient Protection and Affordable Care Act Compliance Checklist for Employers

Chambers of Commerce Group Insurance Plan: Liabilities and Solutions

What s Ahead for 2015: Preparing Your Group Health Plan for the Employer Mandate

IRS NOTICE : ADDITIONAL GUIDANCE ON HRAS, ACA REPORTING, HEALTH FSA CARRYOVERS AND MORE

COBRA AND Cal-COBRA. What is COBRA?

Health and Life Insurance, Disability and Death Benefits

CONTINUING YOUR BENEFITS

PIEDMONT VIRGINIA COMMUNITY COLLEGE VIII HUMAN RESOURCES / PERSONNEL POLICIES VIII 13.0 EMPLOYEE SEPARATION POLICY

EMPLOYER MANDATE FACT SHEET

Frequently Asked Questions: Student Health Insurance Plan. Domestic Insurance Requirements

Additional Permitted Election Changes for Health Coverage under 125 Cafeteria Plans

Deciding Whether to Elect COBRA Health Care Continuation Coverage After Enactment of HIPAA INTRODUCTION

Important Health Benefit Continuation Information

A simple guide to. health care reform. for small business. From a company that believes in making things simple

ACA Employer Mandate: The Ultimate Guide

CSQ GROUP INSURANCE PLAN

Group Health Insurance Application/Change Form

Employee Benefits Early New Faculty Orientation 1

Retirement - Frequently Asked Questions

State of Delaware Office of Management and Budget, Statewide Benefits Office

Documenting Method for Identifying Full-time Employees

Section 125 Qualifying Events. Revised June 2013

Work Study Program Procedure Manual

5 Steps to Take Now: Preparing for the Affordable Care Act Shared Responsibility Excise Tax

HIPAA. HIPAA s provisions affect group health plan coverage in the following ways:

New Employees of the University of South Carolina (USC) USC Division of Human Resources New Health Insurance Marketplace Coverage Options

How To Report Health Insurance To The Irs

ACA: Temporary and Variable Hour Employees Presented by: Larry Grudzien

Illinois Insurance Facts Health Insurance Continuation Rights -- COBRA. Illinois Department of Insurance

Transcription:

To: USU Campus From: Human Resources Revision Date: September 30, 2014 Re: Frequently Asked Questions on the Affordable Care Act (ACA) at USU QUESTION: Can an ACA Variable employee work full-time during the summer break? **UPDATED** ANSWER: Previously our information indicated that an ACA Variable employee could work some periods of full-time hours and still remain ACA Variable. It is now clear that if an ACA Variable employee works three consecutive months at 30+ hours/week, that position must be re-classified as ACA Fulltime and the employee must be offered coverage beginning the first day of the fourth month. If you have periods of time when you must have your ACA Variable employees work 30+ hours/week, this period should not be longer than three months or the position will be reclassified as ACA Fulltime and the employee must be offered coverage. Conversely, if an ACA Fulltime employee works three consecutive months at LESS THAN 30 hours/week, the position would be reclassified as ACA Variable and the employee would no longer be eligible for medical coverage, but may be eligible for COBRA. While USU has delayed offering medical coverage until July 1, 2015, keep in mind that employees may become eligible for that coverage based on work performed in 2014-15. QUESTION: What if my ACA Variable employee takes an additional position at USU? ANSWER: When an ACA Variable employee accepts multiple positions at USU, we consider the total number of work hours USU is requiring this employee to work. If USU is requiring an employee to consistently work 30+ hours/week, regardless of the number of positions the employee may hold at USU, the employee would be classified as ACA Fulltime and qualify for ACA medical coverage. The University is still working out the details on how the departments will be charged for this coverage. 1 P a g e Effective as of September 30, 2014 and subject to change

QUESTION: How can I determine if an applicant already has a USU position? ANSWER: Your Financial Officer or Business Manager should be able to find this information for you in Banner. For questions contact the HR Banner Help Desk at 435-797-1810 or hrbanner@usu.edu. QUESTION: If an employee qualifies for medical coverage but is not working during the summer break, does the department have to pay the employer portion of the premium during the summer months? ANSWER: No, if the department terminates the employee in Banner to signify the employee is not actively at work. It is important that any employee leaving the University for the summer break is terminated timely in Banner even if the department believes that person will be returning in the fall. If employees are not terminated in Banner, it will appear as if they are continuing employees and/or actively at work and the department will be charged for employees who qualified for and accepted medical coverage prior to leaving for the summer. If the employee leaving the University for summer break (and therefore being terminated in Banner) qualified for and was provided medical coverage prior to summer break, the terminated employee will be provided access to COBRA coverage when he/she is not actively at work during the summer break. The department will NOT pay the employer premiums when the terminated employee is on COBRA coverage. If re-hired in the fall, such employees will be given the option to return to regular medical coverage at employee premiums, as long as they are still in their Stability Period. QUESTION: If an employee is terminated for the summer break, will a unit have to re-post the job to re-hire the individual? ANSWER: For a re-hire in the same department, it is not necessary to re-post the position. QUESTION: Is there a way in Banner to designate that an employee is not working but allow him/her to remain in the system so that the entire hiring process (requiring direct examination of legal documents, etc.) does not have to be repeated annually? ANSWER: No. Under the new ACA rules, when there is a break in service, any employee who qualified for and accepted medical coverage will be offered COBRA coverage during that break, and when re-hired would be allowed to switch from COBRA coverage to regular coverage at employee rates. However, if that employee continues to show as active in Banner (meaning, not terminated), then COBRA would not be 2 P a g e Effective as of September 30, 2014 and subject to change

available to the employee. If an employee who qualified for and accepted coverage remains in Banner as an active employee, the department will be charged for insurance during the break in service. In addition, USU is required to report accurate data to the federal government on active vs terminated employees. Treating this break in service as something other than termination would not allow accurate reporting. Finally, the Form I-9 requirement states that if there is a break in service, the employee should be treated as a new hire. The new electronic I-9 system will make this process more efficient. QUESTION: How soon should I process a termination EPAF for a departing employee? ANSWER: All termination EPAFs must be processed and in the HR approval queue within two work weeks of the resignation notice or termination date. Failure to meet this termination deadline impacts federal COBRA rules and ACA reporting requirements. Retroactive or late terminations have federal reporting implications and possible ACA fines, depending on the situation. QUESTION: What is the formula for crediting hours worked for TN2 (Teaching Non-Benefited) positions? How will we track hours for those individuals? ANSWER: On 2/11/14, the IRS published Final Regulations on certain sections of the Affordable Care Act; one of those sections relates to adjuncts (TN2 or Teaching Non-Benefited positions at USU). These regulations have provided a formula for crediting hours worked by these employees, which USU has adopted. The formula is: 1 credit hour = 2.25 hours of work for prep/teaching/classroom time 1 work hour per week for each additional hour outside the classroom required by the University (e.g. required office hours, or required attendance at department meetings) For example: A 3-credit hour class will equal 6.75 (3 X 2.25) hours per week counted as work hours. If the TN2 employee is required to have 2 office hours per week, those will be added, making a total of 8.75 hours of work per week. A 4-credit hour class equals 9 hours per week counted as work hours. If this individual has 2 office hours per week, USU will credit a total of 11 hours of work per week. If this employee has two 4-credit classes (8 X 2.25 = 18 hours) plus 2 office hours per week, this person will be credited 20 hours of work per week. 3 P a g e Effective as of September 30, 2014 and subject to change

A 5-credit hour class will count as 11.25 hours + 3 hours office time for a total of 14.25 hours worked per week. Under this formula, a person teaching two 5-credit classes per semester with 3 office hours/week will be credited 25.5 hours per week. Credit hours for TN2 employees will default from Banner Student module when courses are set up. However, HR will contact departments regarding the number of expected office hours per week and enter that number for ACA accounting purposes. Any additional work required of this employee as part of the employment contract beyond those accounted for in the formula above such as hours attending mandatory department meetings or trainings must be entered into AggieTime by the employee and be approved by the department. For condensed summer classes, call HR at 797-1810 to determine how credit hours will be defaulted. QUESTION: May a unit designate workload expectations, in hours/week, in the contract with individuals who are Teaching Non-Benefited? Office hours are virtual in online course delivery and designating a specific number of hours may not be feasible with large (100-200 student) class sizes. ANSWER: Departments should negotiate the number of office hours/week. HR will enter the office hour data into the ACA software. At this moment, there are no guidelines available regarding the teaching of online courses and the accompanying office hours. At present, AggieTime will default to 2.25 work hours /credit, and to the number of office hours as reported by departments each semester. QUESTION: What happens if a TN2 employee (Teaching Non-Benefited) chooses to record work hours beyond the agreed number in AggieTime and these figures exceed the course hour expectation? ANSWER: The supervisor will be able to see these extra hours entered by the employee in AggieTime and should discuss them with the employee teaching the course. The hours entered will be counted for purposes of ACA qualification, but the department is not required to continue to allow them to be worked. QUESTION: Do hours worked as a Work-Study student have to be counted for purposes of the ACA? ANSWER: No. Under the new regulations released by the IRS, the federal work study program (a federally subsidized financial aid program), is distinct from traditional employment in that its primary purpose is to advance education. Hours of work performed by students in positions subsidized through the federal work study program are not to be counted for ACA purposes. When the work study funding has ended, if you continue to employ these individuals, hours worked as non-work study employees will be counted for purposes of ACA qualification. 4 P a g e Effective as of September 30, 2014 and subject to change

QUESTION: Will eligible employees be able to include their dependents in their ACA medical coverage? Will there be an extra cost to the employee or the department? ANSWER: Yes, eligible employees will have the option to include their dependents in their ACA medical coverage. The employee will be responsible for the additional premium charges, but the cost to the department will remain the same. QUESTION: Can I terminate an employee because they are trending eligible for ACA coverage? ANSWER: No. Employees should not be terminated simply because they may soon qualify for ACA medical coverage. Rather, departments should manage work hours and expectations during the Measurement Period if they cannot afford ACA medical coverage costs. HR will notify departments throughout the Measurement Period if an employee is trending eligible. QUESTION: Since USU was able to delay offering ACA medical coverage for ACA Fulltime employees until July 1, 2015, can I require my hourly employee to work 30+ hours (ACA Fulltime) until that date, and then drop their hours below 30 hours (ACA Variable) next year so I won t have to provide access to ACA medical coverage? ANSWER: No. Though USU has decided to delay offering ACA medical coverage until July 2015, employees are still in the Initial Measurement Period (USU is still counting their hours of work) and employees working an average of 30+ hours per week during this period will be eligible for ACA medical coverage beginning July 1, 2015, if actively employed. QUESTION: Can I hire an employee as ACA Fulltime because I know they will not accept ACA medical coverage? ANSWER: Proceed with caution. Departments may wish to hire or increase work hours of employees who have verbally indicated they will be declining ACA medical coverage. These employees will be required to sign an opt out form at the beginning of their Stability Period. However, that opt out form is only applicable for that term of eligibility. An eligible employee will again have the option of accepting or declining ACA medical coverage during the next open enrollment period and at the occurrence of a life event (e.g. birth, death, marriage, divorce, loss of coverage, etc.). 5 P a g e Effective as of September 30, 2014 and subject to change

QUESTION: Can I offer ACA medical coverage to an employee who doesn t qualify based on work hours? ANSWER: No. If you wish to assist them in purchasing insurance coverage, you can provide them with additional salary to purchase insurance coverage elsewhere. In addition, some of these employees may qualify for federal subsidies, based on their income, when they purchase insurance in the marketplace. QUESTION: Can my employee enroll in ACA medical coverage before employment begins? ANSWER: No. Employees will be permitted to enroll in ACA medical coverage based on eligibility, not before. DEFINITIONS ACA Fulltime: There is a reasonable expectation, at the start of employment, that the employee will be working full-time (30+ hrs/week), even if only for a limited (>3 months) time. Employee eligible for ACA coverage immediately. ACA Variable: A position with hours that fluctuate during employment. May go to 30+ hours/week at certain times. However, based on facts and circumstances at the beginning of employment, it cannot be determined that the employee is reasonably expected to work an average of 30+ hours/week. Initial/Standard Measurement Period: A 1-year period of time during which work hours are measured to determine potential future eligibility for access to ACA medical coverage. Initial Measurement Period will begin on employee start date. Standard Measurement Period is May 1 April 30. Standard Stability Period: A 1-year period of time following the Initial/Standard Measurement Period where, if the employee became eligible for ACA medical coverage during the Initial/Standard Measurement Period (averaged 30+ hrs/week for 12 months), the employee can enroll in ACA medical coverage. Standard Stability Period is July 1 June 30. 6 P a g e Effective as of September 30, 2014 and subject to change