Patient Protection and 
Affordable Care Act Update 
Andrew F. Bennett 
865.712.5711
Setting the Stage...Why the ACA? 
“All told, health insurers have been involved in more than four hundred 
corporate mergers since 1996, according to antitrust lawyer David Balto, a 
former Federal Trade Commission policy chief.” 
- Deadly Spin by Wendell Potter p 136 
The near total collapse of competitive and dynamic health insurance markets 
has not helped patients...an absence of competition in health insurance 
markets is clearly not in the best economic interests of patients.” 
- 2010 AMA President Dr. J. James Rohack 
Andrew F. Bennett 
865.712.5711
Setting the Stage...Why the ACA? 
2000 -2008 
Premiums for employer sponsored groups increased 97% 
Premiums for individual plans increased 90% 
Insurance company payments to providers increased 72% 
Medical Inflation only increased 39% 
Wages grew 29% 
Overall Inflation grew 21% 
● Medical inflation only grew a little bit over the regular inflation rate. 
● Premiums grew at nearly 2.5 times the rate of medical inflation. 
Andrew F. Bennett 
865.712.5711
Setting the Stage...Why the ACA? 
● 2007 - Medical Debt was a key reason for 62% of personal bankruptcy 
filings. 
● 2008 - Over a million personal bankruptcy filings 
● A lack of coverage contributes to about 45,000 people dying prematurely 
every year. 
● 2000 - 2008 - The top 10 for profit health insurance companies paid their 
CEO’s nearly $700 million (combined). 
● In 2009 alone WellPoint had 39 executives exceed $1,000,000 in 
compensation. 
● All from “Deadly Spin” by Wendell Potter 
Andrew F. Bennett 
865.712.5711
What changed prior to 2014 
• Some preventative care covered at 100% 
– Immunizations / Flu Shots 
– Blood Pressure / Cholesterol Screenings 
– Mammograms / Colonoscopies 
– Type II Diabetes Screening 
– Obesity Screening & Counseling 
– Tobacco Use Screening 
Andrew F. Bennett 
865.712.5711
What changed prior to 2014 
• More Preventative Care for Women 
– Annual well woman visits 
– Screening for gestational diabetes 
– Testing for HPV (human papillomavirus) 
– Counseling for sexually transmitted infections 
– Counseling and screening for HIV 
– Contraception methods and counseling 
– Breastfeeding support, supplies, and counseling 
– Screening and counseling for interpersonal violence 
Andrew F. Bennett 
865.712.5711
What has happened so far 
• Children up to age 26 can remain on their parent’s policies 
• Lifetime limits have been eliminated 
• Appeals to insurance company decisions are now handled by an independent party 
outside of the insurance company (no longer an internal appeals board). 
Andrew F. Bennett 
865.712.5711
As of Jan 1, 2014 
• Guaranteed Issue – You cannot be refused 
• “Pre-Existing” conditions riders can no longer be applied to policies 
–You cannot be refused a policy. 
–You cannot be rated (i.e. charged more). 
–You policy cannot have exclusion riders (i.e. they don’t cover some injuries, 
illnesses, etc that may be due to the pre-existing condition). 
Andrew F. Bennett 
865.712.5711
As of Jan 1, 2014 
• For the same policy an older age group cannot be charged more than three times 
the premium of a 21 year old 
• Excess premiums charged by companies have to be returned (80% of premiums 
collected have to go to health care benefits or improving health care, not 
administrative costs or profit) 
Andrew F. Bennett 
865.712.5711
As of Jan 1, 2014 
• The individual mandate – the requirement is to have health insurance. The 
requirement is not about purchasing on the marketplace 
• The requirement is to have what is called a “Qualified Health Plan.” 
• A Qualified Health Plan has 10 “Essential Benefits.” 
Andrew F. Bennett 
865.712.5711 
Your Family Health Insurance Agent
Ten Essential Health Benefits (EHB’s) 
1. Ambulatory Patient Services 
2. Emergency Services 
3. Hospitalization 
4. Maternity and Newborn Care 
5. Mental Health & Substance Abuse Disorder Services 
6. Prescription Drugs 
7. Rehabilitative Services and Devices 
8. Laboratory Services 
9. Preventative & Wellness Svcs/Chronic Disease Mgmt 
10. Pediatric Services including oral & vision 
Andrew F. Bennett 
865.712.5711 
As of Jan 1, 2014
•Penalties (higher of the two) 
– 2014 - $95 per adult and $47.50 per child (maximum of $285) or 1% of 
income 
– 2015 - $325 per adult and $162.50 per child (maximum of $975) or 2% of 
income 
– 2016 - $695 per adult and $347.5 per child (maximum of $2085) or 2.5% of 
income 
Andrew F. Bennett 
865.712.5711 
As of Jan 1, 2014
Who is eligible for help? 
Family size 1 2 3 4 
Family 
Income 
$ 11,490 $ 15,510 $ 19,530 $ 23,550 
$ 45,960 $ 62,040 $ 78,120 $ 94,200 
Anyone is free to purchase outside the online marketplace, but you must purchase inside the marketplace to be 
eligible for a subsidy. 
The household income must be between 100 % - 400% of the federal poverty level. 
Andrew F. Bennett 
865.712.5711
Financial Assistance Available 
Income Level Premium as a Percentage of Income 
Up to 133% of FPL 2 % of income 
133% - 150% 3-4% of income 
150% - 200% 4-6.3% of income 
200% - 250% 6.3 - 8.05% of income 
250% - 300% 8.05 - 9.5% of income 
300% - 400% 9.5% of income 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
• Subsidies 
– Income and family sized base 
– Premium set on parent(s), up to three children (under 21), and those children 
between 21 to 26 yrs of age 
– Subsidy set on total number of children 
• Subsidies will be paid directly to insurer OR can be claimed at end of year on tax 
return 
Andrew F. Bennett 
865.712.5711
Financial Assistance Available 
Cost Sharing – Provides 
assistance with: 
• Deductibles 
• Co-insurance 
• Co-Pays 
Cost Sharing is ONLY available in 
Silver Plans 
Andrew F. Bennett 
865.712.5711 
Family Size Maximum Income Allowed 
1 $28,725 
2 $38,775 
3 $48,825 
4 $58,875 
5 $68,925 
6 $78,975 
7 $89,025
Your Current Plan 
• Grandfathered till your renewal date in 2014 
–At that point your plan will need to contain all ten essential health benefits in 
order to qualify as a “Qualified Health Plan.” (QHP) 
Information on this slide changed in the fall of 2013 when insurance companies 
cancelled millions of people’s plans. The insurance companies always cancelled certain 
policies when they didn’t deliver enough profit, but they used the smoke screen of the 
ACA to cancel many more than usual. There was a public outcry when the 
cancellations came out. The President back-pedaled and said people could keep their 
old plans till 2015, however it was the insurance companies, not the ACA that led to 
the 2013 cancellations. All those policies could have been grandfathered till 2014. 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
• State Based, State & Federal Partnerships, Federally Facilitated 
• TN is a Federally Facilitated Marketplace 
• Carriers in TN will be BlueCross/BlueShield, Humana, and Cigna (Chattanooga Area 
only), and CHA (Community Health Alliance). For 2015 Assurant will join the 
Marketplace in Tennessee (branded as “Time”). 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
• CHA (The Community Health Alliance) is a non-profit health insurance company 
that was created with low cost government loans. Due to a loss of competition in 
the health insurance industry (see slide 2) it was expected that each state would 
create a new non-profit. Lobbying dried up the funding and only 20+ new 
insurance companies were created to replace the over 400 that had disappeared 
due to mergers. 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
• Policies will be color coded based on “actuarial value” (i.e. mathematically 
computed numbers based on national trends, averages, and broadbased data). 
– Catostrophic 
• Under 30 years old 
• Lower Premiums 
• Higher Deductibles 
• Everything is cost shared except for preventative medicine 
– Bronze 60% / 40% 
– Silver 70% / 30% 
– Gold 80% / 20% 
– Platinum 90% / 10% 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
● Eligibility 
○ Household income must be between 100% and 400% of FPL (federal poverty 
level) 
○ Individual’s must be either Citizens of the United States or have 
documentation proving they are “legally present.” (permanent resident visa, 
etc). 
Andrew F. Bennett 
865.712.5711
Online Marketplace 
Exemptions 
• Religious exemptions (i.e. your religion requires you to abstain from the health 
Andrew F. Bennett 
865.712.5711 
Your Family Health Insurance Agent 
insurance system) 
• Financial exemption – if private insurance is too expensive, if you do not qualify to 
purchase in the online marketplace, and you are not eligible for medicaid you will 
not be fined (i.e. poor people will not be fined for being poor). 
• Native American Indian Tribes have separate programs and will be exempted 
although they are free to participate if they would like.
Online Marketplace 
• What is included in income? 
– Wages, Salary, Tips 
– Net income from self-employment 
– Unemployment Compensation 
– Social Security income (including disability) 
– Alimony 
• What is NOT included in income: 
– Child Support 
– Worker’s Compensation 
– Gifts 
– SSI (Supplemental Security Income) 
– Veteran’s Disability 
Andrew F. Bennett 
865.712.5711
Employer Mandate 
• Pushed back till 2015 
• Based on the number of full time equivalent employees 
– 30 hours a week is one “equivalent” full time employee 
• 1 employee equivalent works 30 hours a week 
• 2 employees working 15 hours a week = 1 full time equivalents 
• 2014 & 15 States can decide if a “small business” has less than 50 employees or 
less than 100 
• 2016 Federal definition 50 or fewer 
• Exchanges are not for large businesses 
Andrew F. Bennett 
865.712.5711
SHOP Exchange 
• Small Business Health Options Program 
– For small business where employer mandate does not apply. 
– Tax Credits will apply only if they enroll in 2014. 
Group Coverage is nearly always more expensive than individual (many times 20% 
more for similar coverage). The shop gives individual pricing with bundled billing. 
(restrictions apply). Those savings are without tax credits. 
Andrew F. Bennett 
865.712.5711
Other Resources 
• Healthcare.gov 
• KFF.org (Kaiser Family Foundation) 
• NAHU.org 
Andrew F. Bennett 
865.712.5711

Obamacare - The Patient Protection and Affordable Care Act - ACA

  • 1.
    Patient Protection and Affordable Care Act Update Andrew F. Bennett 865.712.5711
  • 2.
    Setting the Stage...Whythe ACA? “All told, health insurers have been involved in more than four hundred corporate mergers since 1996, according to antitrust lawyer David Balto, a former Federal Trade Commission policy chief.” - Deadly Spin by Wendell Potter p 136 The near total collapse of competitive and dynamic health insurance markets has not helped patients...an absence of competition in health insurance markets is clearly not in the best economic interests of patients.” - 2010 AMA President Dr. J. James Rohack Andrew F. Bennett 865.712.5711
  • 3.
    Setting the Stage...Whythe ACA? 2000 -2008 Premiums for employer sponsored groups increased 97% Premiums for individual plans increased 90% Insurance company payments to providers increased 72% Medical Inflation only increased 39% Wages grew 29% Overall Inflation grew 21% ● Medical inflation only grew a little bit over the regular inflation rate. ● Premiums grew at nearly 2.5 times the rate of medical inflation. Andrew F. Bennett 865.712.5711
  • 4.
    Setting the Stage...Whythe ACA? ● 2007 - Medical Debt was a key reason for 62% of personal bankruptcy filings. ● 2008 - Over a million personal bankruptcy filings ● A lack of coverage contributes to about 45,000 people dying prematurely every year. ● 2000 - 2008 - The top 10 for profit health insurance companies paid their CEO’s nearly $700 million (combined). ● In 2009 alone WellPoint had 39 executives exceed $1,000,000 in compensation. ● All from “Deadly Spin” by Wendell Potter Andrew F. Bennett 865.712.5711
  • 5.
    What changed priorto 2014 • Some preventative care covered at 100% – Immunizations / Flu Shots – Blood Pressure / Cholesterol Screenings – Mammograms / Colonoscopies – Type II Diabetes Screening – Obesity Screening & Counseling – Tobacco Use Screening Andrew F. Bennett 865.712.5711
  • 6.
    What changed priorto 2014 • More Preventative Care for Women – Annual well woman visits – Screening for gestational diabetes – Testing for HPV (human papillomavirus) – Counseling for sexually transmitted infections – Counseling and screening for HIV – Contraception methods and counseling – Breastfeeding support, supplies, and counseling – Screening and counseling for interpersonal violence Andrew F. Bennett 865.712.5711
  • 7.
    What has happenedso far • Children up to age 26 can remain on their parent’s policies • Lifetime limits have been eliminated • Appeals to insurance company decisions are now handled by an independent party outside of the insurance company (no longer an internal appeals board). Andrew F. Bennett 865.712.5711
  • 8.
    As of Jan1, 2014 • Guaranteed Issue – You cannot be refused • “Pre-Existing” conditions riders can no longer be applied to policies –You cannot be refused a policy. –You cannot be rated (i.e. charged more). –You policy cannot have exclusion riders (i.e. they don’t cover some injuries, illnesses, etc that may be due to the pre-existing condition). Andrew F. Bennett 865.712.5711
  • 9.
    As of Jan1, 2014 • For the same policy an older age group cannot be charged more than three times the premium of a 21 year old • Excess premiums charged by companies have to be returned (80% of premiums collected have to go to health care benefits or improving health care, not administrative costs or profit) Andrew F. Bennett 865.712.5711
  • 10.
    As of Jan1, 2014 • The individual mandate – the requirement is to have health insurance. The requirement is not about purchasing on the marketplace • The requirement is to have what is called a “Qualified Health Plan.” • A Qualified Health Plan has 10 “Essential Benefits.” Andrew F. Bennett 865.712.5711 Your Family Health Insurance Agent
  • 11.
    Ten Essential HealthBenefits (EHB’s) 1. Ambulatory Patient Services 2. Emergency Services 3. Hospitalization 4. Maternity and Newborn Care 5. Mental Health & Substance Abuse Disorder Services 6. Prescription Drugs 7. Rehabilitative Services and Devices 8. Laboratory Services 9. Preventative & Wellness Svcs/Chronic Disease Mgmt 10. Pediatric Services including oral & vision Andrew F. Bennett 865.712.5711 As of Jan 1, 2014
  • 12.
    •Penalties (higher ofthe two) – 2014 - $95 per adult and $47.50 per child (maximum of $285) or 1% of income – 2015 - $325 per adult and $162.50 per child (maximum of $975) or 2% of income – 2016 - $695 per adult and $347.5 per child (maximum of $2085) or 2.5% of income Andrew F. Bennett 865.712.5711 As of Jan 1, 2014
  • 13.
    Who is eligiblefor help? Family size 1 2 3 4 Family Income $ 11,490 $ 15,510 $ 19,530 $ 23,550 $ 45,960 $ 62,040 $ 78,120 $ 94,200 Anyone is free to purchase outside the online marketplace, but you must purchase inside the marketplace to be eligible for a subsidy. The household income must be between 100 % - 400% of the federal poverty level. Andrew F. Bennett 865.712.5711
  • 14.
    Financial Assistance Available Income Level Premium as a Percentage of Income Up to 133% of FPL 2 % of income 133% - 150% 3-4% of income 150% - 200% 4-6.3% of income 200% - 250% 6.3 - 8.05% of income 250% - 300% 8.05 - 9.5% of income 300% - 400% 9.5% of income Andrew F. Bennett 865.712.5711
  • 15.
    Online Marketplace •Subsidies – Income and family sized base – Premium set on parent(s), up to three children (under 21), and those children between 21 to 26 yrs of age – Subsidy set on total number of children • Subsidies will be paid directly to insurer OR can be claimed at end of year on tax return Andrew F. Bennett 865.712.5711
  • 16.
    Financial Assistance Available Cost Sharing – Provides assistance with: • Deductibles • Co-insurance • Co-Pays Cost Sharing is ONLY available in Silver Plans Andrew F. Bennett 865.712.5711 Family Size Maximum Income Allowed 1 $28,725 2 $38,775 3 $48,825 4 $58,875 5 $68,925 6 $78,975 7 $89,025
  • 17.
    Your Current Plan • Grandfathered till your renewal date in 2014 –At that point your plan will need to contain all ten essential health benefits in order to qualify as a “Qualified Health Plan.” (QHP) Information on this slide changed in the fall of 2013 when insurance companies cancelled millions of people’s plans. The insurance companies always cancelled certain policies when they didn’t deliver enough profit, but they used the smoke screen of the ACA to cancel many more than usual. There was a public outcry when the cancellations came out. The President back-pedaled and said people could keep their old plans till 2015, however it was the insurance companies, not the ACA that led to the 2013 cancellations. All those policies could have been grandfathered till 2014. Andrew F. Bennett 865.712.5711
  • 18.
    Online Marketplace •State Based, State & Federal Partnerships, Federally Facilitated • TN is a Federally Facilitated Marketplace • Carriers in TN will be BlueCross/BlueShield, Humana, and Cigna (Chattanooga Area only), and CHA (Community Health Alliance). For 2015 Assurant will join the Marketplace in Tennessee (branded as “Time”). Andrew F. Bennett 865.712.5711
  • 19.
    Online Marketplace •CHA (The Community Health Alliance) is a non-profit health insurance company that was created with low cost government loans. Due to a loss of competition in the health insurance industry (see slide 2) it was expected that each state would create a new non-profit. Lobbying dried up the funding and only 20+ new insurance companies were created to replace the over 400 that had disappeared due to mergers. Andrew F. Bennett 865.712.5711
  • 20.
    Online Marketplace •Policies will be color coded based on “actuarial value” (i.e. mathematically computed numbers based on national trends, averages, and broadbased data). – Catostrophic • Under 30 years old • Lower Premiums • Higher Deductibles • Everything is cost shared except for preventative medicine – Bronze 60% / 40% – Silver 70% / 30% – Gold 80% / 20% – Platinum 90% / 10% Andrew F. Bennett 865.712.5711
  • 21.
    Online Marketplace ●Eligibility ○ Household income must be between 100% and 400% of FPL (federal poverty level) ○ Individual’s must be either Citizens of the United States or have documentation proving they are “legally present.” (permanent resident visa, etc). Andrew F. Bennett 865.712.5711
  • 22.
    Online Marketplace Exemptions • Religious exemptions (i.e. your religion requires you to abstain from the health Andrew F. Bennett 865.712.5711 Your Family Health Insurance Agent insurance system) • Financial exemption – if private insurance is too expensive, if you do not qualify to purchase in the online marketplace, and you are not eligible for medicaid you will not be fined (i.e. poor people will not be fined for being poor). • Native American Indian Tribes have separate programs and will be exempted although they are free to participate if they would like.
  • 23.
    Online Marketplace •What is included in income? – Wages, Salary, Tips – Net income from self-employment – Unemployment Compensation – Social Security income (including disability) – Alimony • What is NOT included in income: – Child Support – Worker’s Compensation – Gifts – SSI (Supplemental Security Income) – Veteran’s Disability Andrew F. Bennett 865.712.5711
  • 24.
    Employer Mandate •Pushed back till 2015 • Based on the number of full time equivalent employees – 30 hours a week is one “equivalent” full time employee • 1 employee equivalent works 30 hours a week • 2 employees working 15 hours a week = 1 full time equivalents • 2014 & 15 States can decide if a “small business” has less than 50 employees or less than 100 • 2016 Federal definition 50 or fewer • Exchanges are not for large businesses Andrew F. Bennett 865.712.5711
  • 25.
    SHOP Exchange •Small Business Health Options Program – For small business where employer mandate does not apply. – Tax Credits will apply only if they enroll in 2014. Group Coverage is nearly always more expensive than individual (many times 20% more for similar coverage). The shop gives individual pricing with bundled billing. (restrictions apply). Those savings are without tax credits. Andrew F. Bennett 865.712.5711
  • 26.
    Other Resources •Healthcare.gov • KFF.org (Kaiser Family Foundation) • NAHU.org Andrew F. Bennett 865.712.5711