Tuesday, July 10, 2012

The Supreme Court Decision on the Affordable Care Act

During the last week of March, the Supreme Court heard an unprecedented three days of oral argument on the question of the constitutionality of the Affordable Care Act (the "ACA"). On June 28, 2012, the Court announced that it finds the entire ACA to be constitutional.

As a result, it's full steam ahead on meeting near-term requirements, such as the need to issue a summary of benefits and coverage or "SBC" document in connection with open enrollment.
 

In addition, outlined below is a snapshot of how this decision affects Consumer-Directed Benefit Accounts, such as Health Care Flexible Spending Accounts ("FSAs"), Health Reimbursement Arrangements ("HRAs") and Health Savings Accounts ("HSAs"):

  • Health FSAs are still subject to a cap of $2500 on salary reductions beginning with plan years starting on or after January 2013.
  • Health FSAs, HRAs, and HSAs must still require a prescription to reimburse medical over-the-counter medicines;
  •  W-2 reporting is still required;
  • Preventive care mandates (including contraceptive benefits) continue to apply to non-exempt health FSAs and HRAs; and
  • Non-qualified HSA distribution excise tax continues at 20%.
Obviously, there are a number of other provisions that are included in the ACA and CPN will continue to update you as more information arrives.

The Court's complete set of opinions can be found here.  

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.