H E A L T H W E A L T H C A R E E R
P R E P A R I N G F O R 2 0 1 6
O P E N E N R O L L M E N T
August 12, 2015
© MERCER 2015 1
This is for informational purposes only - not intended to be used as legal advice.
T O D AY ’ S S P E A K E R S
Andrea Alarcon
San Francisco, CA
Mike Boucher
Norwood, MA
Mike Sinkeldam
Irvine, CA
Wade Symons
Portland, OR
Scott Williams
Atlanta, GA
© MERCER 2015 2
This is for informational purposes only - not intended to be used as legal advice.
A G E N D A
W H AT W E ’ L L C O V E R T O D AY
• Open enrollment objectives
• Recent developments
• Disclosures and approaches for an effective open enrollment
• Tips and trends to ensure positive enrollment outcomes
• Engaging your workforce
• Consulting support and resources
© MERCER 2015 3
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 3
OVERVIEW AND
OBJECTIVES
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 4
This is for informational purposes only - not intended to be used as legal advice.
• Inform employees of available benefits & changes to benefits or eligibility.
• Pursue employee relations goals (for example, reinforce value of benefits).
• Allow employees to make changes to their benefit elections.
• Manage legal compliance risk by providing required notices during OE.
– Required federal and state notifications.
• Consider delivery method to ensure required notices get in the hands of your employees.
– Substantial administrative time and cost savings possible by distributing electronically.
• Meet administrative needs (for example, designating life insurance beneficiaries,
updating/verifying dependent information, reducing staff time in dispersing information,
education).
• Consider how to capture 2016 data needed for minimum essential coverage and employer
shared responsibility reporting:
– Determine if current systems can supply the required data.
– Establish new systems to collect data not currently captured.
O B J E C T I V E S F O R A N N U A L O P E N E N R O L L M E N T
© MERCER 2015 5
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T B A S I C S
The main purpose is to allow employees to make changes to their benefit
elections, including adding/dropping dependent coverage. Typically two to
four weeks in duration.
Is an open enrollment period required?
IRC Section 125 No, but… Cafeteria plans do not technically require
an open enrollment period, but participants
must be given a reasonable period of time
to make elections each year.
ERISA No If open enrollment is provided, details on
the process should be disclosed.
Vendor Contracts Maybe May require an open enrollment period.
Collective Bargaining
Agreements
Maybe May require enrollment opportunities.
© MERCER 2015 6
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 6
RECENT
DEVELOPMENTS
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 7
This is for informational purposes only - not intended to be used as legal advice.
þ Employee and employer share of major medical
cost/premium (e.g., PPO, HMO, HDHP, Rx)
þ Including executive medical/physical benefits and
some expatriate coverage
þ Health FSA, including employee pre-tax salary
reduction contributions
þ HRA
þ “Employer contributions” to an HSA, including
employee pre-tax contributions made through a
cafeteria plan
þ On-site medical clinics offering more than “de
minimis” medical care
þ Medigap, TRICARE supplemental insurance, and
other “similar supplemental coverage”
þ Specified disease or illness coverage, or hospital or
other fixed indemnity insurance, if payment for
coverage is excluded from employee’s gross income
(e.g., employee pays for coverage with pre-tax salary
reduction contributions and/or employer paid without
imputed income)
Note: While ACA’s statutory language appears to include
self-insured dental/vision plans and EAPs, the IRS is
considering excluding such plans if they qualify as
excepted benefits [IRS Notice 2015-16].
Include in the calculation
T H E 2 0 1 8 E X C I S E T A X
40% excise tax starting in 2018 on “high cost”
employer-sponsored coverage.
• Employees include union employees, former
employees (including retirees), surviving
spouses, and other primary insureds.
• Tax is on the “excess benefit” (the amount
over the specified dollar caps).
Initial cap set at $10,200/self-only and $27,500
“coverage other than self-only” (family).
• Higher thresholds ($11,850/$30,950) for
retirees at least age 55 and not Medicare-
eligible and workers in high-risk professions.
• Higher threshold ($27,500) for single
multiemployer plan coverage.
• Complex cost indexing and adjustments may
apply (e.g., employees’ age and gender
demographics).
© MERCER 2015 8
This is for informational purposes only - not intended to be used as legal advice.
S U P R E M E C O U R T R U L I N G
O B E R G E F E L L V . H O D G E S
• SCOTUS rules that all states must recognize the validity of same-sex marriages
performed in other states and all states must issue marriage licenses to same-sex
couples.
• Important considerations:
– Domestic Partnership is still a recognized status separate from marriage.
– Stop imputing income.
- States that did not recognize same-sex marriage may issue guidance.
- Many states’ laws already tracked federal tax treatment, so no change may be
needed.
– Check plan documents and other benefit materials to determine if change to
definition of spouse is necessary.
– Whether or not to eliminate or phase out domestic partner benefits.
- State laws regarding domestic partnership are not changed by the ruling.
- Many localities require companies to provide domestic partner benefits as
prerequisite for contracting with locality.
© MERCER 2015 9
This is for informational purposes only - not intended to be used as legal advice.
A C A G U I D A N C E
O U T - O F - P O C K E T M A X I M U M S
• The ACA limits a non-grandfathered group health plan’s annual cost sharing for
essential health benefits (EHBs) obtained in-network to specified dollar levels. For
plan years beginning in 2016, the OOP limits are:
– $6,850 for self-only coverage, and
– $13,700 for other coverage tiers.
• The preamble to HHS’s final 2016 Notice of Benefit and Payment Parameters (2016
payment notice) provides that the ACA’s annual in-network OOP statutory limit
for self-only coverage applies to all individuals whether they are covered by a
self-only plan or a plan that is other than self-only (e.g., family).
• Applies to non-grandfathered group health plans for plan years beginning on or after
January 1, 2016 that currently have:
– Family in-network OOP limits in excess of $6,850 with no embedded individual in-
network OOP limit, or
– Family in-network annual deductibles in excess of $6,850 with no embedded
individual in-network OOP limit.
© MERCER 2015 10
This is for informational purposes only - not intended to be used as legal advice.
A C A G U I D A N C E
P R E V E N T I V E S E R V I C E S
• At least one form of contraception in each of the 18 FDA contraceptive categories
must be covered without cost sharing, subject to reasonable medical management
techniques that contain an exception process. Coverage cannot be limited to, e.g., 5
of the 18 contraceptive categories.
• BRCA genetic testing must be covered without cost-sharing if recommended by an
asymptomic woman’s health care provider, even if the woman has had a non-BRCA-
related breast or ovarian cancer.
• Well women services, including prenatal care, must be provided to children who are
covered by the plan.
• Coverage must be provided for recommended preventive care without cost sharing,
regardless of sex assigned at birth, gender identity, or the gender of the person on
record with the plan.
• Anesthesia for preventive colonoscopies must be covered without cost-sharing when
recommended by the patient’s health care provider.
© MERCER 2015 11
This is for informational purposes only - not intended to be used as legal advice.
A C A G U I D A N C E
O P T - O U T C R E D I T
• Applies to employers who offer flex credits-based Section 125 cafeteria plans.
– Based on informal guidance, entire flex credit may not be able to be counted as
an employer contribution for affordability determinations under the ACA.
– In order to count the flex credit amount for affordability purposes:
- Employee cannot have option to take the flex credit as a taxable benefit.
- Flex credit may be used to purchase minimum essential coverage.
- Flex credit may only be used to pay for benefits providing medical care.
– Employers may need to designate a portion of the total flex credit to be spent only
on medical, dental, vision, or health FSAs and only count that amount toward the
affordability calculation.
– Additional guidance from the IRS would be helpful for employers that offer cash
waiver credits, opt-out payments, or cash instead of benefits.
- Current non-ACA guidance suggests the IRS may consider that the amount of a
cash opt-out payment should be added to the premium for single coverage to
determine whether that coverage is affordable.
© MERCER 2015 12
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 12
OPEN ENROLLMENT
DISCLOSURES
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 13
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
E R I S A D I S C L O S U R E R E Q U I R E M E N T S – B E S T
P R A C T I C E
Summary Plan
Description (SPD)
Summary of Material
Reduction (SMR)
Summary of Material
Modifications (SMM)
• No later than 90 days after the
individual becomes a plan
participant or begins receiving
benefits following enrollment
or, if later, 120 days after the
plan is established.
• Thereafter, every 10 years if
there are no material
modifications.
• Every five years, if there have
been material modifications.
• Not required to be distributed
during open enrollment, but
often are, or within several
months after open enrollment.
• 210 days after end of
plan year in which
change is adopted.
• Within 60 days after
adoption.
Open enrollment materials are often formally designated
to serve as SMM and SMR.
"Material reductions" are any modifications to the plan or
change in required information that would be considered
by the average participant to be an important plan
reduction.
Examples: Change that reduces or eliminates benefits
payable under the plan; increase in co-payments or
deductibles; significant change or reduction to an HMO
service area; any changes to obtaining services or
benefits under the plan.
© MERCER 2015 14
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
I M P O R T A N T C O M M U N I C AT I O N S T O C O N S I D E R
• Individual mandate requirement.
• IRS Form 1095-C.
• Any change in the waiting period.
• Any changes to eligibility terms based upon play-or-pay strategy.
• Ensuring COBRA notices to explain how electing COBRA may affect enrollment in
the public exchanges.
• Any changes or updates to domestic partner or same-sex spousal benefits
© MERCER 2015 15
This is for informational purposes only - not intended to be used as legal advice.
E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S
S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C )
• The final rules incorporating previous guidance and other changes were published
June 16 and apply for group health plans’ open-enrollment periods starting after
August 31, 2015.
• New templates are still being revised. Plans won’t have to use new SBC templates
and other model materials until fall 2016 open enrollment for the 2017 plan year.
Draft changes include:
– Shortening the SBC to 2.5 pages
– Including statements about whether the plan provides minimum essential
coverage (MEC) and minimum value. (Until use of the revised model materials is
required, plans may continue to provide this information in a separate cover letter
furnished with the SBC.)
– A third “coverage example” — for a simple foot fracture with emergency room visit
— would sit next to the SBC’s two existing hypothetical illustrations of childbirth
and diabetes coverage.
– Revised definitions in the uniform glossary for several existing terms and many
new terms (including “cost sharing,” “formulary,” “minimum essential coverage,”
and “minimum value standard”).
© MERCER 2015 16
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S – S B C S
S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C )
R E F R E S H E R & U P D A T E D R U L E S
• What’s an SBC?
– Single, uniform format for easy understanding and to facilitate comparison shopping.
– Additional communication requirement — does not replace SPDs, for example.
• Who provides the SBC?
– Insurers/HMOs and the health plan administrator (typically the employer).
– For self-insured health plans, plan administrators (typically employers).
• When must an SBC be issued?
– SBCs must be provided to group health plan participants and beneficiaries during open
enrollment.
– For new hires, must be provided with written application material. If none, must be
provided no later than the first day the participant is eligible to enroll.
– If a plan will automatically re-enroll participants or beneficiaries for the next coverage
period in an option different from their current coverage, the plan must automatically
provide an SBC for the auto-enrollment benefit package.
– If SBC is corrected, an updated version must be provided by the first day of the plan year
or before individual enrolls if requested.
© MERCER 2015 17
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S – S B C S
S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C )
R E F R E S H E R
• Which plans must have SBCs?
– SBCs are required for all insured and self-funded group health plans
(grandfathered or not), including stand-alone health reimbursement
arrangements and EAPs that provide medical benefits.
– Health savings accounts are exempt.
– Most health FSAs will be exempt.
– Dental and vision plans:
- Exempt if insured through a separate policy.
- Otherwise, exempt if “not integral,” meaning employees can elect not to
receive coverage for the vision or dental benefits.
– Stand-alone retiree medical plans are exempt.
– Relief for certain expatriate benefits.
© MERCER 2015 18
This is for informational purposes only - not intended to be used as legal advice.
A P P R O A C H E S F O R A N E F F E C T I V E O P E N
E N R O L L M E N T
S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C )
S P E C I F I C D E L I V E R Y R E Q U I R E M E N T S
• SBC can be provided using paper or electronic means (such as by email or an
internet posting), but:
– For participants and beneficiaries, DOL Safe Harbor rules apply.
– For eligible but not enrolled persons:
- Format accessible and paper available upon request.
- For internet posting, the plan or issuer timely notifies the individual in paper
form or email that the documents are available on the internet, provides the
internet address, and notifies the individual that the documents are available
in paper form upon request; model postcard is available.
– SBCs may be delivered electronically in connection with online enrollment or re-
enrollment, or when individuals request them online (paper form must be
available upon request).
• Participants and beneficiaries entitled to SBC:
– Delivery to family is sufficient, unless a beneficiary’s last known address is
different than participant’s.
© MERCER 2015 19
This is for informational purposes only - not intended to be used as legal advice.
A P P R O A C H E S F O R A N E F F E C T I V E O P E N
E N R O L L M E N T
S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C )
C O N D I T I O N S F O R R E L Y I N G O N T H I R D P A R T I E S
• To meet its obligation as plan administrator to provide SBCs, an employer can enter
into a binding written contract with a third party to perform this function. However,
several conditions apply:
– The employer has to monitor the third party’s performance under the contract.
– If the employer learns that SBCs are not being provided as required and has all
the information to correct the noncompliance, the employer must do so as soon
as practicable.
– If the employer learns that SBCs are not being provided as required but doesn’t
have all the information to correct the noncompliance, the employer must inform
affected enrollees about the lapse and take immediate steps to avoid future
violations.
– These requirements mirror the conditions in an existing FAQ and essentially
remind group health plan sponsors that selecting and monitoring service
providers is a fiduciary act under ERISA.
© MERCER 2015 20
This is for informational purposes only - not intended to be used as legal advice.
E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S
D I S T R I B U T I O N P R O C E S S
• ERISA documents must be delivered in a way that is “reasonably calculated to
ensure actual receipt of the material” using a method “likely to result in full
distribution.”
– Hand delivery:
- Intra-office mail or personal hand delivery is permitted.
- Not enough to leave documents in a lunchroom or post on an office bulletin
board.
– Mail delivery:
- Documents may be sent by first-, second-, or third-class mail.
- Only first-class mail has presumption of receipt.
– Electronic delivery:
- “Outdated” 2002 DOL safe harbor rules apply to many, but not all, documents
– regulators considering expanding or modifying current rules.
- Mere posting of the information on the intranet is not good enough.
Individual receipt is a key requirement.
© MERCER 2015 21
This is for informational purposes only - not intended to be used as legal advice.
E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S
E - D E L I V E R Y S A F E H A R B O R — E M P L O Y E E S W I T H
R O U T I N E S Y S T E M A C C E S S
• For electronic communications sent to employees who routinely access employer’s
computer and email system (including telecommuters and travelers), only general
guidelines apply:
– Ensure actual receipt. Employers must verify that participants actually receive
materials sent electronically (that is, flagging emails to return receipts when read,
requesting reports of undelivered emails, or periodically conducting reviews or
surveys to confirm delivery).
– Notice of the right to receive print versions.
– Communicate significant points.
– Conform to ERISA style, content, and format specifications.
© MERCER 2015 22
This is for informational purposes only - not intended to be used as legal advice.
E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S
E - D E L I V E R Y S A F E H A R B O R — E M P L O Y E E S W I T H O U T
R O U T I N E S Y S T E M A C C E S S
• For employees and other notice recipients who don’t regularly access the
employer’s computer and email system, additional safeguards apply:
– Obtain consent. Must have a participant’s consent to receive electronic plan
communications and must provide notice that describes:
- The types of documents covered by the consent.
- Their right to withdraw consent at any time and how to do so.
- The hardware and software needed to access and retain electronic
documents.
- The steps for updating their address for receiving electronic information.
- Their right to request paper copies and any charges for obtaining print
versions of the documents.
– Verify accessibility. Having participants take some action that shows they can
actually access electronic information (not required for CD-ROMs or other non
network media).
– Give notice of hardware/software changes.
© MERCER 2015 23
This is for informational purposes only - not intended to be used as legal advice.
L E G A L L Y R E Q U I R E D C O M M U N I C A T I O N S
D I S T R I B U T I O N A T O P E N E N R O L L M E N T M A Y S A T I S F Y
S E V E R A L T I M I N G R E Q U I R E M E N T S F O R R E Q U I R E D
D I S C L O S U R E S
ü Summary Plan Descriptions (SPDs)
ü Summary of Material Modifications (SMMs)
ü Summary of Material Reductions (SMRs)
ü Women's Health and Cancer Rights Act (WHCRA) Notice (mastectomy)
ü Newborns’ & Mothers’ Health Protection (minimum maternity stay) Notice
ü HIPAA Privacy Notice and Reminder
ü HIPAA Special Enrollment Rights Notice (update for new CHIP events)
ü Public Exchange Notice
ü Initial COBRA Notice
ü CMS Creditable Coverage Notice*
ü USERRA (military leave) Notice
ü Certain state reporting mandates * Must be out by October 15
© MERCER 2015 24
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S
Notice Requirement Timing E-delivery
Women's Health
and Cancer
Rights Act
(WHCRA)
mastectomy
benefits notice
• Can provide in
enrollment materials
or in SPDs if
distributed annually.
• Using currently
available sample
enrollment notice can
satisfy both.
• Notice is required when a
participant first enrolls.
• Annually (different content
requirements).
Follow DOL
e-delivery
rules.
Newborns' &
Mothers' Health
Protection Act
(childbirth length
of stay)
• Included in SPDs or
specific notices for
certain non-federal
public sector plans.
• Disclosure is required, but not
annually.
Follow DOL
e-delivery
rules.
© MERCER 2015 25
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S
Notice Requirement Timing E-delivery
HIPAA Notice
of Privacy
Practices
• Determine if notice
requires updates for
HITECH Act.
• Omnibus HIPAA
rules retain general
privacy and security
framework but
modify privacy
notices (and more).
• Material changes trigger new
notice requirement.
• Three-year reminder of right to
receive notice.
E-mail delivery
permitted if
participant
consents.
HIPAA Special
Enrollment
Rights Notice
• Typically included in
or with enrollment
materials; including
in SPDs usually not
sufficient.
• Normal 30-day special
enrollment periods for loss of
coverage and gaining a
dependent.
• CHIP (Children’s Health
Insurance Program)/Medicaid
60-day special enrollment
changes and provided at or
before the time an employee is
given the opportunity to enroll.
Follow DOL e-
delivery rules.
© MERCER 2015 26
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S
26
Notice Requirement Timing E-delivery
Public
Exchange
Notice
• Provides new hires with
description of the public
exchanges and services
provided, potential
eligibility for premium tax
credit or subsidy, and
that obtaining coverage
through the marketplace
may cause loss of
employer coverage.
• Newly hired employees –
within 14 days of hire date.
Must be
provided in
writing and in
same manner
as other ERISA
notices, and be
understandable
to the average
employee.
Initial COBRA
Notice
• Informs participants (and
spouses) of later
opportunities to elect
COBRA.
• Employer cannot deny
later election if notice not
adequately provided.
• Required when
participants first become
covered.
• New model initial and
election notices released
May 2014 containing
public exchange
information.
Follow DOL e-
delivery rules.
(Required notice
to spouse
complicates
electronic
method.)
© MERCER 2015 27
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S
Notice Requirement Timing E-delivery
CMS Creditable
Coverage Notice
• All Medicare eligible
participants to
explain relative value
of employer's health
plan Rx benefit
compared to
Medicare Part D.
• Before the annual Part D
enrollment period (period now
Oct. 15 – Dec. 7).
• Before the individual's initial
Part D enrollment period.
• Before plan enrollment.
• When the plan ends or creditable
status changes.
• Upon the individual's request.
Follow DOL
e-delivery
rules.
Notice Requirement E-delivery
USERRA
(Military Leave)
Notice
• Notice that must be provided to all employees.
• Describes rights, benefits, and obligations of employees
going on military leave.
• Can be posted in a place where similar employee notices
are customarily placed, but other delivery approaches may
be acceptable.
DOL has
not
provided
specific
guidelines.
© MERCER 2015 28
This is for informational purposes only - not intended to be used as legal advice.
O P E N E N R O L L M E N T D I S C L O S U R E S
A D D I T I O N A L C O N S I D E R A T I O N S – S T A T E H E A L T H
C A R E C O V E R A G E
• Certain state and local jurisdictions (for example, San Francisco and Vermont)
mandate that employers contribute to health care coverage or pay a surcharge and
submit reports to verify employee coverage.
• Several states require that health care coverage be made available to domestic
partners.
• Ruling in Obergefell v. Hodges issued on June 26, 2015 requires states to both:
– Recognize same-sex marriage performed in other states, and
– License the marriage of same-sex couples.
• Open enrollment may be a convenient time to request and obtain any necessary
information to streamline these procedures.
– Employers may need to provide social security numbers to comply with Medicare
Secondary Payer (MSP).
• Don’t forget state wage withholding laws.
© MERCER 2015 29
This is for informational purposes only - not intended to be used as legal advice.
E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S
W H AT T O D O N E X T ?
• What to communicate during open enrollment is based, in part, on the status
of an employer's current compliance.
– If you haven't already communicated all the information noted previously,
open enrollment is your opportunity.
– Your grandfathered status will affect some obligations.
– Changes to eligibility terms for 2016 should be communicated.
• Determine areas that need clarification and address them in a manner that will
be understood by plan participants.
• Develop a short-term and long-term strategy for your upcoming and future
open enrollment processes:
– Assess ability to use electronic methods.
– Take a realistic approach about what you can and cannot accomplish.
– Establish budgets and develop a work plan to make sure you get where
you need to be in the coming year.
© MERCER 2015 30
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 30
TIPS AND TRENDS TO
ENSURE POSITIVE
ENROLLMENT OUTCOMES
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 31
This is for informational purposes only - not intended to be used as legal advice.
C O N S U M E R I S M T R E N D S C O N T I N U E
Health care cost increases lead employers to push costs to the consumer and drive
employee accountability
• Consumer directed health plan (CDHP) offerings continue to rise as part of a
cost-effective benefits strategy
- Among employers with 500+ employees, almost half offer a CDHP and
66% are “very likely” to offer by 2017.1
• Employers are utilizing tobacco and spousal surcharges
- Clients are leveraging these tactics to encourage better health, manage
enrollment growth and control costs.
• Wellness initiatives
- More than half of all large employers are using financial incentives to
encourage participation in wellness programs and reward for meeting health
goals – participation rates are significantly higher when incentive are used.1
1Mercer’s National Survey of Employer-Sponsored Health Plans, 2014
Health care cost increases lead employers to push costs to the consumer and
drive employee accountability
© MERCER 2015 32
This is for informational purposes only - not intended to be used as legal advice.
U S E D E C I S I O N S U P P O R T A N D M O B I L E
T E C H N O L O G Y T O A I D P E R S O N A L A C C O U N T A B I L I T Y
Mobile-first design methodology
ensures consistent inquiry and
transaction capabilities across
desktop, tablet and mobile devices.
Advanced personalization
helps bring educational and
program content to the user
based on their specific interests
for a highly engaging and
customized experience.
Intuitive dashboard displays suite
of interactive tiles to highlight the
most valuable information and
offers the ability to integrate outside
information for a complete benefits
or total rewards view.
Strategically developed and
presented content and decision
support help consumers maximize
their benefits and take advantage
of cost-saving opportunities.
Popular retail tools and
consumer-focused features
present web users with a
familiar and intuitive experience.
Market-leading technology drives
a modern, easy-to-use digital
experience that helps foster
informed decisions and
empowered consumers.
© MERCER 2015 33
This is for informational purposes only - not intended to be used as legal advice.
Win/win for employees and employers:
V O L U N T A R Y B E N E F I T S O N T H E R I S E
- Flexibility to build a completely customized portfolio of coverage at a lower
price than the private market.
- Commission offsets to lower administrative expenses.
- Most effective as part of an integrated enrollment process alongside
traditional benefits with a robust education and communication campaign
to increase employee appreciation for your benefits program and boost
overall engagement.
1Mercer’s National Survey of Employer-Sponsored Health Plans, 2014
of large employers offer
voluntary benefits to fill gaps in
core employer-paid benefits1
of large employers
offer voluntary benefits
to accommodate
employee requests1
© MERCER 2015 34
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 34
ENGAGING YOUR
WORKFORCE
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 35
This is for informational purposes only - not intended to be used as legal advice.
• Educate all year; not just at enrollment.
• Make enrollment a campaign.
• Segment audiences to target messaging.
– Engage leadership.
– Equip managers/supervisors.
– Drive employee actions.
• Employ a mix of media to extend reach.
• Lead employees to interactive resources and tools – yours or vendors.
• Exploit technology.
E N G A G I N G Y O U R W O R K F O R C E
C O M M U N I C AT I O N S T R A T E G Y A N D M E D I A
© MERCER 2015 36
This is for informational purposes only - not intended to be used as legal advice.
E N G A G I N G Y O U R W O R K F O R C E
B A S I C C A M P A I G N ( P R I N T / E M A I L / P O S T )
© MERCER 2015 37
This is for informational purposes only - not intended to be used as legal advice.
E N G A G I N G Y O U R W O R K F O R C E
V I D E O R E V I S I T E D
Understanding
Your HSA Plan
Understanding
Your Health
Numbers
Take Control
of Your
Health
© MERCER 2015 38
This is for informational purposes only - not intended to be used as legal advice.
E N G A G I N G Y O U R W O R K F O R C E
M O B I L E D E V I C E R E A C H I S H U G E
© MERCER 2015 39
This is for informational purposes only - not intended to be used as legal advice.
E N G A G I N G Y O U R W O R K F O R C E
O N E - S T O P - S H O P W I T H M I C R O S I T E S ( O N L I N E G U I D E S )
© MERCER 2015 40
This is for informational purposes only - not intended to be used as legal advice.
E N G A G I N G Y O U R W O R K F O R C E
T H E P O R T A L S O L U T I O N
© MERCER 2015 41
This is for informational purposes only - not intended to be used as legal advice.
© MERCER 2015 41
CONSULTING SUPPORT
AND RESOURCES
P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
© MERCER 2015 42
This is for informational purposes only - not intended to be used as legal advice.
C O N S U L T I N G S U P P O R T A N D R E S O U R C E S
H E L P I S AV A I L A B L E
• 2018 excise tax calculator – Do you know when your current medical plans will hit
the threshold? http://mercerexcisetax.scrollmotion.com/
• Mercer Select: EventConnection and TopicConnection pages are posted at
http://us.select.mercer.com/hb/cc/
– Sample notices and forms.
– Rules and explanations.
• Mercer’s Compliance Resources — Regulatory Resource Group (RRG) and
Washington Resource Group (WRG):
– Compliance advice.
– Program compliance review.
– Plan document and SPD revisions.
– Notices and supporting forms.
– Administrative procedures.
– Strategy support.
– Management briefings.
© MERCER 2015 43
This is for informational purposes only - not intended to be used as legal advice.
Q U E S T I O N S ?
QUESTIONS
Please type your questions in the Q&A section of the toolbar
and we will do our best to answer as many questions as we
have time for.
To submit a question while in full screen mode, use the Q&A
button, on the floating panel, on the top of your screen.
CLICK HERE TO ASK A QUESTION
TO “ALL PANELISTS”
FEEDBACK
Please take the time to fill out the
feedback form at the end of this webcast
so we can continue to improve. The
feedback form will pop-up in a new
window when the session ends.
Andrea Alarcon
San Francisco, CA
Mike Boucher
Norwood, MA
Mike Sinkeldam
Irvine, CA
Wade Symons
Portland, OR
Scott Williams
Atlanta, GA
© MERCER 2015 44
This is for informational purposes only - not intended to be used as legal advice. 44

US20152031

  • 1.
    H E AL T H W E A L T H C A R E E R P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T August 12, 2015
  • 2.
    © MERCER 20151 This is for informational purposes only - not intended to be used as legal advice. T O D AY ’ S S P E A K E R S Andrea Alarcon San Francisco, CA Mike Boucher Norwood, MA Mike Sinkeldam Irvine, CA Wade Symons Portland, OR Scott Williams Atlanta, GA
  • 3.
    © MERCER 20152 This is for informational purposes only - not intended to be used as legal advice. A G E N D A W H AT W E ’ L L C O V E R T O D AY • Open enrollment objectives • Recent developments • Disclosures and approaches for an effective open enrollment • Tips and trends to ensure positive enrollment outcomes • Engaging your workforce • Consulting support and resources
  • 4.
    © MERCER 20153 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 3 OVERVIEW AND OBJECTIVES P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 5.
    © MERCER 20154 This is for informational purposes only - not intended to be used as legal advice. • Inform employees of available benefits & changes to benefits or eligibility. • Pursue employee relations goals (for example, reinforce value of benefits). • Allow employees to make changes to their benefit elections. • Manage legal compliance risk by providing required notices during OE. – Required federal and state notifications. • Consider delivery method to ensure required notices get in the hands of your employees. – Substantial administrative time and cost savings possible by distributing electronically. • Meet administrative needs (for example, designating life insurance beneficiaries, updating/verifying dependent information, reducing staff time in dispersing information, education). • Consider how to capture 2016 data needed for minimum essential coverage and employer shared responsibility reporting: – Determine if current systems can supply the required data. – Establish new systems to collect data not currently captured. O B J E C T I V E S F O R A N N U A L O P E N E N R O L L M E N T
  • 6.
    © MERCER 20155 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T B A S I C S The main purpose is to allow employees to make changes to their benefit elections, including adding/dropping dependent coverage. Typically two to four weeks in duration. Is an open enrollment period required? IRC Section 125 No, but… Cafeteria plans do not technically require an open enrollment period, but participants must be given a reasonable period of time to make elections each year. ERISA No If open enrollment is provided, details on the process should be disclosed. Vendor Contracts Maybe May require an open enrollment period. Collective Bargaining Agreements Maybe May require enrollment opportunities.
  • 7.
    © MERCER 20156 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 6 RECENT DEVELOPMENTS P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 8.
    © MERCER 20157 This is for informational purposes only - not intended to be used as legal advice. þ Employee and employer share of major medical cost/premium (e.g., PPO, HMO, HDHP, Rx) þ Including executive medical/physical benefits and some expatriate coverage þ Health FSA, including employee pre-tax salary reduction contributions þ HRA þ “Employer contributions” to an HSA, including employee pre-tax contributions made through a cafeteria plan þ On-site medical clinics offering more than “de minimis” medical care þ Medigap, TRICARE supplemental insurance, and other “similar supplemental coverage” þ Specified disease or illness coverage, or hospital or other fixed indemnity insurance, if payment for coverage is excluded from employee’s gross income (e.g., employee pays for coverage with pre-tax salary reduction contributions and/or employer paid without imputed income) Note: While ACA’s statutory language appears to include self-insured dental/vision plans and EAPs, the IRS is considering excluding such plans if they qualify as excepted benefits [IRS Notice 2015-16]. Include in the calculation T H E 2 0 1 8 E X C I S E T A X 40% excise tax starting in 2018 on “high cost” employer-sponsored coverage. • Employees include union employees, former employees (including retirees), surviving spouses, and other primary insureds. • Tax is on the “excess benefit” (the amount over the specified dollar caps). Initial cap set at $10,200/self-only and $27,500 “coverage other than self-only” (family). • Higher thresholds ($11,850/$30,950) for retirees at least age 55 and not Medicare- eligible and workers in high-risk professions. • Higher threshold ($27,500) for single multiemployer plan coverage. • Complex cost indexing and adjustments may apply (e.g., employees’ age and gender demographics).
  • 9.
    © MERCER 20158 This is for informational purposes only - not intended to be used as legal advice. S U P R E M E C O U R T R U L I N G O B E R G E F E L L V . H O D G E S • SCOTUS rules that all states must recognize the validity of same-sex marriages performed in other states and all states must issue marriage licenses to same-sex couples. • Important considerations: – Domestic Partnership is still a recognized status separate from marriage. – Stop imputing income. - States that did not recognize same-sex marriage may issue guidance. - Many states’ laws already tracked federal tax treatment, so no change may be needed. – Check plan documents and other benefit materials to determine if change to definition of spouse is necessary. – Whether or not to eliminate or phase out domestic partner benefits. - State laws regarding domestic partnership are not changed by the ruling. - Many localities require companies to provide domestic partner benefits as prerequisite for contracting with locality.
  • 10.
    © MERCER 20159 This is for informational purposes only - not intended to be used as legal advice. A C A G U I D A N C E O U T - O F - P O C K E T M A X I M U M S • The ACA limits a non-grandfathered group health plan’s annual cost sharing for essential health benefits (EHBs) obtained in-network to specified dollar levels. For plan years beginning in 2016, the OOP limits are: – $6,850 for self-only coverage, and – $13,700 for other coverage tiers. • The preamble to HHS’s final 2016 Notice of Benefit and Payment Parameters (2016 payment notice) provides that the ACA’s annual in-network OOP statutory limit for self-only coverage applies to all individuals whether they are covered by a self-only plan or a plan that is other than self-only (e.g., family). • Applies to non-grandfathered group health plans for plan years beginning on or after January 1, 2016 that currently have: – Family in-network OOP limits in excess of $6,850 with no embedded individual in- network OOP limit, or – Family in-network annual deductibles in excess of $6,850 with no embedded individual in-network OOP limit.
  • 11.
    © MERCER 201510 This is for informational purposes only - not intended to be used as legal advice. A C A G U I D A N C E P R E V E N T I V E S E R V I C E S • At least one form of contraception in each of the 18 FDA contraceptive categories must be covered without cost sharing, subject to reasonable medical management techniques that contain an exception process. Coverage cannot be limited to, e.g., 5 of the 18 contraceptive categories. • BRCA genetic testing must be covered without cost-sharing if recommended by an asymptomic woman’s health care provider, even if the woman has had a non-BRCA- related breast or ovarian cancer. • Well women services, including prenatal care, must be provided to children who are covered by the plan. • Coverage must be provided for recommended preventive care without cost sharing, regardless of sex assigned at birth, gender identity, or the gender of the person on record with the plan. • Anesthesia for preventive colonoscopies must be covered without cost-sharing when recommended by the patient’s health care provider.
  • 12.
    © MERCER 201511 This is for informational purposes only - not intended to be used as legal advice. A C A G U I D A N C E O P T - O U T C R E D I T • Applies to employers who offer flex credits-based Section 125 cafeteria plans. – Based on informal guidance, entire flex credit may not be able to be counted as an employer contribution for affordability determinations under the ACA. – In order to count the flex credit amount for affordability purposes: - Employee cannot have option to take the flex credit as a taxable benefit. - Flex credit may be used to purchase minimum essential coverage. - Flex credit may only be used to pay for benefits providing medical care. – Employers may need to designate a portion of the total flex credit to be spent only on medical, dental, vision, or health FSAs and only count that amount toward the affordability calculation. – Additional guidance from the IRS would be helpful for employers that offer cash waiver credits, opt-out payments, or cash instead of benefits. - Current non-ACA guidance suggests the IRS may consider that the amount of a cash opt-out payment should be added to the premium for single coverage to determine whether that coverage is affordable.
  • 13.
    © MERCER 201512 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 12 OPEN ENROLLMENT DISCLOSURES P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 14.
    © MERCER 201513 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S E R I S A D I S C L O S U R E R E Q U I R E M E N T S – B E S T P R A C T I C E Summary Plan Description (SPD) Summary of Material Reduction (SMR) Summary of Material Modifications (SMM) • No later than 90 days after the individual becomes a plan participant or begins receiving benefits following enrollment or, if later, 120 days after the plan is established. • Thereafter, every 10 years if there are no material modifications. • Every five years, if there have been material modifications. • Not required to be distributed during open enrollment, but often are, or within several months after open enrollment. • 210 days after end of plan year in which change is adopted. • Within 60 days after adoption. Open enrollment materials are often formally designated to serve as SMM and SMR. "Material reductions" are any modifications to the plan or change in required information that would be considered by the average participant to be an important plan reduction. Examples: Change that reduces or eliminates benefits payable under the plan; increase in co-payments or deductibles; significant change or reduction to an HMO service area; any changes to obtaining services or benefits under the plan.
  • 15.
    © MERCER 201514 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S I M P O R T A N T C O M M U N I C AT I O N S T O C O N S I D E R • Individual mandate requirement. • IRS Form 1095-C. • Any change in the waiting period. • Any changes to eligibility terms based upon play-or-pay strategy. • Ensuring COBRA notices to explain how electing COBRA may affect enrollment in the public exchanges. • Any changes or updates to domestic partner or same-sex spousal benefits
  • 16.
    © MERCER 201515 This is for informational purposes only - not intended to be used as legal advice. E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C ) • The final rules incorporating previous guidance and other changes were published June 16 and apply for group health plans’ open-enrollment periods starting after August 31, 2015. • New templates are still being revised. Plans won’t have to use new SBC templates and other model materials until fall 2016 open enrollment for the 2017 plan year. Draft changes include: – Shortening the SBC to 2.5 pages – Including statements about whether the plan provides minimum essential coverage (MEC) and minimum value. (Until use of the revised model materials is required, plans may continue to provide this information in a separate cover letter furnished with the SBC.) – A third “coverage example” — for a simple foot fracture with emergency room visit — would sit next to the SBC’s two existing hypothetical illustrations of childbirth and diabetes coverage. – Revised definitions in the uniform glossary for several existing terms and many new terms (including “cost sharing,” “formulary,” “minimum essential coverage,” and “minimum value standard”).
  • 17.
    © MERCER 201516 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S – S B C S S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C ) R E F R E S H E R & U P D A T E D R U L E S • What’s an SBC? – Single, uniform format for easy understanding and to facilitate comparison shopping. – Additional communication requirement — does not replace SPDs, for example. • Who provides the SBC? – Insurers/HMOs and the health plan administrator (typically the employer). – For self-insured health plans, plan administrators (typically employers). • When must an SBC be issued? – SBCs must be provided to group health plan participants and beneficiaries during open enrollment. – For new hires, must be provided with written application material. If none, must be provided no later than the first day the participant is eligible to enroll. – If a plan will automatically re-enroll participants or beneficiaries for the next coverage period in an option different from their current coverage, the plan must automatically provide an SBC for the auto-enrollment benefit package. – If SBC is corrected, an updated version must be provided by the first day of the plan year or before individual enrolls if requested.
  • 18.
    © MERCER 201517 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S – S B C S S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C ) R E F R E S H E R • Which plans must have SBCs? – SBCs are required for all insured and self-funded group health plans (grandfathered or not), including stand-alone health reimbursement arrangements and EAPs that provide medical benefits. – Health savings accounts are exempt. – Most health FSAs will be exempt. – Dental and vision plans: - Exempt if insured through a separate policy. - Otherwise, exempt if “not integral,” meaning employees can elect not to receive coverage for the vision or dental benefits. – Stand-alone retiree medical plans are exempt. – Relief for certain expatriate benefits.
  • 19.
    © MERCER 201518 This is for informational purposes only - not intended to be used as legal advice. A P P R O A C H E S F O R A N E F F E C T I V E O P E N E N R O L L M E N T S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C ) S P E C I F I C D E L I V E R Y R E Q U I R E M E N T S • SBC can be provided using paper or electronic means (such as by email or an internet posting), but: – For participants and beneficiaries, DOL Safe Harbor rules apply. – For eligible but not enrolled persons: - Format accessible and paper available upon request. - For internet posting, the plan or issuer timely notifies the individual in paper form or email that the documents are available on the internet, provides the internet address, and notifies the individual that the documents are available in paper form upon request; model postcard is available. – SBCs may be delivered electronically in connection with online enrollment or re- enrollment, or when individuals request them online (paper form must be available upon request). • Participants and beneficiaries entitled to SBC: – Delivery to family is sufficient, unless a beneficiary’s last known address is different than participant’s.
  • 20.
    © MERCER 201519 This is for informational purposes only - not intended to be used as legal advice. A P P R O A C H E S F O R A N E F F E C T I V E O P E N E N R O L L M E N T S U M M A R Y O F B E N E F I T S A N D C O V E R A G E ( S B C ) C O N D I T I O N S F O R R E L Y I N G O N T H I R D P A R T I E S • To meet its obligation as plan administrator to provide SBCs, an employer can enter into a binding written contract with a third party to perform this function. However, several conditions apply: – The employer has to monitor the third party’s performance under the contract. – If the employer learns that SBCs are not being provided as required and has all the information to correct the noncompliance, the employer must do so as soon as practicable. – If the employer learns that SBCs are not being provided as required but doesn’t have all the information to correct the noncompliance, the employer must inform affected enrollees about the lapse and take immediate steps to avoid future violations. – These requirements mirror the conditions in an existing FAQ and essentially remind group health plan sponsors that selecting and monitoring service providers is a fiduciary act under ERISA.
  • 21.
    © MERCER 201520 This is for informational purposes only - not intended to be used as legal advice. E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S D I S T R I B U T I O N P R O C E S S • ERISA documents must be delivered in a way that is “reasonably calculated to ensure actual receipt of the material” using a method “likely to result in full distribution.” – Hand delivery: - Intra-office mail or personal hand delivery is permitted. - Not enough to leave documents in a lunchroom or post on an office bulletin board. – Mail delivery: - Documents may be sent by first-, second-, or third-class mail. - Only first-class mail has presumption of receipt. – Electronic delivery: - “Outdated” 2002 DOL safe harbor rules apply to many, but not all, documents – regulators considering expanding or modifying current rules. - Mere posting of the information on the intranet is not good enough. Individual receipt is a key requirement.
  • 22.
    © MERCER 201521 This is for informational purposes only - not intended to be used as legal advice. E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S E - D E L I V E R Y S A F E H A R B O R — E M P L O Y E E S W I T H R O U T I N E S Y S T E M A C C E S S • For electronic communications sent to employees who routinely access employer’s computer and email system (including telecommuters and travelers), only general guidelines apply: – Ensure actual receipt. Employers must verify that participants actually receive materials sent electronically (that is, flagging emails to return receipts when read, requesting reports of undelivered emails, or periodically conducting reviews or surveys to confirm delivery). – Notice of the right to receive print versions. – Communicate significant points. – Conform to ERISA style, content, and format specifications.
  • 23.
    © MERCER 201522 This is for informational purposes only - not intended to be used as legal advice. E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S E - D E L I V E R Y S A F E H A R B O R — E M P L O Y E E S W I T H O U T R O U T I N E S Y S T E M A C C E S S • For employees and other notice recipients who don’t regularly access the employer’s computer and email system, additional safeguards apply: – Obtain consent. Must have a participant’s consent to receive electronic plan communications and must provide notice that describes: - The types of documents covered by the consent. - Their right to withdraw consent at any time and how to do so. - The hardware and software needed to access and retain electronic documents. - The steps for updating their address for receiving electronic information. - Their right to request paper copies and any charges for obtaining print versions of the documents. – Verify accessibility. Having participants take some action that shows they can actually access electronic information (not required for CD-ROMs or other non network media). – Give notice of hardware/software changes.
  • 24.
    © MERCER 201523 This is for informational purposes only - not intended to be used as legal advice. L E G A L L Y R E Q U I R E D C O M M U N I C A T I O N S D I S T R I B U T I O N A T O P E N E N R O L L M E N T M A Y S A T I S F Y S E V E R A L T I M I N G R E Q U I R E M E N T S F O R R E Q U I R E D D I S C L O S U R E S ü Summary Plan Descriptions (SPDs) ü Summary of Material Modifications (SMMs) ü Summary of Material Reductions (SMRs) ü Women's Health and Cancer Rights Act (WHCRA) Notice (mastectomy) ü Newborns’ & Mothers’ Health Protection (minimum maternity stay) Notice ü HIPAA Privacy Notice and Reminder ü HIPAA Special Enrollment Rights Notice (update for new CHIP events) ü Public Exchange Notice ü Initial COBRA Notice ü CMS Creditable Coverage Notice* ü USERRA (military leave) Notice ü Certain state reporting mandates * Must be out by October 15
  • 25.
    © MERCER 201524 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S Notice Requirement Timing E-delivery Women's Health and Cancer Rights Act (WHCRA) mastectomy benefits notice • Can provide in enrollment materials or in SPDs if distributed annually. • Using currently available sample enrollment notice can satisfy both. • Notice is required when a participant first enrolls. • Annually (different content requirements). Follow DOL e-delivery rules. Newborns' & Mothers' Health Protection Act (childbirth length of stay) • Included in SPDs or specific notices for certain non-federal public sector plans. • Disclosure is required, but not annually. Follow DOL e-delivery rules.
  • 26.
    © MERCER 201525 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S Notice Requirement Timing E-delivery HIPAA Notice of Privacy Practices • Determine if notice requires updates for HITECH Act. • Omnibus HIPAA rules retain general privacy and security framework but modify privacy notices (and more). • Material changes trigger new notice requirement. • Three-year reminder of right to receive notice. E-mail delivery permitted if participant consents. HIPAA Special Enrollment Rights Notice • Typically included in or with enrollment materials; including in SPDs usually not sufficient. • Normal 30-day special enrollment periods for loss of coverage and gaining a dependent. • CHIP (Children’s Health Insurance Program)/Medicaid 60-day special enrollment changes and provided at or before the time an employee is given the opportunity to enroll. Follow DOL e- delivery rules.
  • 27.
    © MERCER 201526 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S 26 Notice Requirement Timing E-delivery Public Exchange Notice • Provides new hires with description of the public exchanges and services provided, potential eligibility for premium tax credit or subsidy, and that obtaining coverage through the marketplace may cause loss of employer coverage. • Newly hired employees – within 14 days of hire date. Must be provided in writing and in same manner as other ERISA notices, and be understandable to the average employee. Initial COBRA Notice • Informs participants (and spouses) of later opportunities to elect COBRA. • Employer cannot deny later election if notice not adequately provided. • Required when participants first become covered. • New model initial and election notices released May 2014 containing public exchange information. Follow DOL e- delivery rules. (Required notice to spouse complicates electronic method.)
  • 28.
    © MERCER 201527 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S L E G A L L Y R E Q U I R E D C O M M U N I C AT I O N S Notice Requirement Timing E-delivery CMS Creditable Coverage Notice • All Medicare eligible participants to explain relative value of employer's health plan Rx benefit compared to Medicare Part D. • Before the annual Part D enrollment period (period now Oct. 15 – Dec. 7). • Before the individual's initial Part D enrollment period. • Before plan enrollment. • When the plan ends or creditable status changes. • Upon the individual's request. Follow DOL e-delivery rules. Notice Requirement E-delivery USERRA (Military Leave) Notice • Notice that must be provided to all employees. • Describes rights, benefits, and obligations of employees going on military leave. • Can be posted in a place where similar employee notices are customarily placed, but other delivery approaches may be acceptable. DOL has not provided specific guidelines.
  • 29.
    © MERCER 201528 This is for informational purposes only - not intended to be used as legal advice. O P E N E N R O L L M E N T D I S C L O S U R E S A D D I T I O N A L C O N S I D E R A T I O N S – S T A T E H E A L T H C A R E C O V E R A G E • Certain state and local jurisdictions (for example, San Francisco and Vermont) mandate that employers contribute to health care coverage or pay a surcharge and submit reports to verify employee coverage. • Several states require that health care coverage be made available to domestic partners. • Ruling in Obergefell v. Hodges issued on June 26, 2015 requires states to both: – Recognize same-sex marriage performed in other states, and – License the marriage of same-sex couples. • Open enrollment may be a convenient time to request and obtain any necessary information to streamline these procedures. – Employers may need to provide social security numbers to comply with Medicare Secondary Payer (MSP). • Don’t forget state wage withholding laws.
  • 30.
    © MERCER 201529 This is for informational purposes only - not intended to be used as legal advice. E F F E C T I V E O P E N E N R O L L M E N T A P P R O A C H E S W H AT T O D O N E X T ? • What to communicate during open enrollment is based, in part, on the status of an employer's current compliance. – If you haven't already communicated all the information noted previously, open enrollment is your opportunity. – Your grandfathered status will affect some obligations. – Changes to eligibility terms for 2016 should be communicated. • Determine areas that need clarification and address them in a manner that will be understood by plan participants. • Develop a short-term and long-term strategy for your upcoming and future open enrollment processes: – Assess ability to use electronic methods. – Take a realistic approach about what you can and cannot accomplish. – Establish budgets and develop a work plan to make sure you get where you need to be in the coming year.
  • 31.
    © MERCER 201530 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 30 TIPS AND TRENDS TO ENSURE POSITIVE ENROLLMENT OUTCOMES P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 32.
    © MERCER 201531 This is for informational purposes only - not intended to be used as legal advice. C O N S U M E R I S M T R E N D S C O N T I N U E Health care cost increases lead employers to push costs to the consumer and drive employee accountability • Consumer directed health plan (CDHP) offerings continue to rise as part of a cost-effective benefits strategy - Among employers with 500+ employees, almost half offer a CDHP and 66% are “very likely” to offer by 2017.1 • Employers are utilizing tobacco and spousal surcharges - Clients are leveraging these tactics to encourage better health, manage enrollment growth and control costs. • Wellness initiatives - More than half of all large employers are using financial incentives to encourage participation in wellness programs and reward for meeting health goals – participation rates are significantly higher when incentive are used.1 1Mercer’s National Survey of Employer-Sponsored Health Plans, 2014 Health care cost increases lead employers to push costs to the consumer and drive employee accountability
  • 33.
    © MERCER 201532 This is for informational purposes only - not intended to be used as legal advice. U S E D E C I S I O N S U P P O R T A N D M O B I L E T E C H N O L O G Y T O A I D P E R S O N A L A C C O U N T A B I L I T Y Mobile-first design methodology ensures consistent inquiry and transaction capabilities across desktop, tablet and mobile devices. Advanced personalization helps bring educational and program content to the user based on their specific interests for a highly engaging and customized experience. Intuitive dashboard displays suite of interactive tiles to highlight the most valuable information and offers the ability to integrate outside information for a complete benefits or total rewards view. Strategically developed and presented content and decision support help consumers maximize their benefits and take advantage of cost-saving opportunities. Popular retail tools and consumer-focused features present web users with a familiar and intuitive experience. Market-leading technology drives a modern, easy-to-use digital experience that helps foster informed decisions and empowered consumers.
  • 34.
    © MERCER 201533 This is for informational purposes only - not intended to be used as legal advice. Win/win for employees and employers: V O L U N T A R Y B E N E F I T S O N T H E R I S E - Flexibility to build a completely customized portfolio of coverage at a lower price than the private market. - Commission offsets to lower administrative expenses. - Most effective as part of an integrated enrollment process alongside traditional benefits with a robust education and communication campaign to increase employee appreciation for your benefits program and boost overall engagement. 1Mercer’s National Survey of Employer-Sponsored Health Plans, 2014 of large employers offer voluntary benefits to fill gaps in core employer-paid benefits1 of large employers offer voluntary benefits to accommodate employee requests1
  • 35.
    © MERCER 201534 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 34 ENGAGING YOUR WORKFORCE P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 36.
    © MERCER 201535 This is for informational purposes only - not intended to be used as legal advice. • Educate all year; not just at enrollment. • Make enrollment a campaign. • Segment audiences to target messaging. – Engage leadership. – Equip managers/supervisors. – Drive employee actions. • Employ a mix of media to extend reach. • Lead employees to interactive resources and tools – yours or vendors. • Exploit technology. E N G A G I N G Y O U R W O R K F O R C E C O M M U N I C AT I O N S T R A T E G Y A N D M E D I A
  • 37.
    © MERCER 201536 This is for informational purposes only - not intended to be used as legal advice. E N G A G I N G Y O U R W O R K F O R C E B A S I C C A M P A I G N ( P R I N T / E M A I L / P O S T )
  • 38.
    © MERCER 201537 This is for informational purposes only - not intended to be used as legal advice. E N G A G I N G Y O U R W O R K F O R C E V I D E O R E V I S I T E D Understanding Your HSA Plan Understanding Your Health Numbers Take Control of Your Health
  • 39.
    © MERCER 201538 This is for informational purposes only - not intended to be used as legal advice. E N G A G I N G Y O U R W O R K F O R C E M O B I L E D E V I C E R E A C H I S H U G E
  • 40.
    © MERCER 201539 This is for informational purposes only - not intended to be used as legal advice. E N G A G I N G Y O U R W O R K F O R C E O N E - S T O P - S H O P W I T H M I C R O S I T E S ( O N L I N E G U I D E S )
  • 41.
    © MERCER 201540 This is for informational purposes only - not intended to be used as legal advice. E N G A G I N G Y O U R W O R K F O R C E T H E P O R T A L S O L U T I O N
  • 42.
    © MERCER 201541 This is for informational purposes only - not intended to be used as legal advice. © MERCER 2015 41 CONSULTING SUPPORT AND RESOURCES P R E P A R I N G F O R 2 0 1 6 O P E N E N R O L L M E N T
  • 43.
    © MERCER 201542 This is for informational purposes only - not intended to be used as legal advice. C O N S U L T I N G S U P P O R T A N D R E S O U R C E S H E L P I S AV A I L A B L E • 2018 excise tax calculator – Do you know when your current medical plans will hit the threshold? http://mercerexcisetax.scrollmotion.com/ • Mercer Select: EventConnection and TopicConnection pages are posted at http://us.select.mercer.com/hb/cc/ – Sample notices and forms. – Rules and explanations. • Mercer’s Compliance Resources — Regulatory Resource Group (RRG) and Washington Resource Group (WRG): – Compliance advice. – Program compliance review. – Plan document and SPD revisions. – Notices and supporting forms. – Administrative procedures. – Strategy support. – Management briefings.
  • 44.
    © MERCER 201543 This is for informational purposes only - not intended to be used as legal advice. Q U E S T I O N S ? QUESTIONS Please type your questions in the Q&A section of the toolbar and we will do our best to answer as many questions as we have time for. To submit a question while in full screen mode, use the Q&A button, on the floating panel, on the top of your screen. CLICK HERE TO ASK A QUESTION TO “ALL PANELISTS” FEEDBACK Please take the time to fill out the feedback form at the end of this webcast so we can continue to improve. The feedback form will pop-up in a new window when the session ends. Andrea Alarcon San Francisco, CA Mike Boucher Norwood, MA Mike Sinkeldam Irvine, CA Wade Symons Portland, OR Scott Williams Atlanta, GA
  • 45.
    © MERCER 201544 This is for informational purposes only - not intended to be used as legal advice. 44