Changes


  • Employer Notification Requirement: Notify employees of the availability of the Exchanges and, if employer contribution is less than 60% of the cost, of the ability to receive premium assistance in the Exchange (All ERs)
  • Electronic Exchange of Health Information: Systems for electronic exchange of health information and electronic fund transfers must be in place. Employers must certify compliance by 12/31/2013. (All Plans)
  • Medicare Part D Subsidy: Elimination of certain deductions for employers who receive Medicare Part D Subsidies (Employers receiving Medicare Part D Subsidies)
  • Healthcare FSA Contributions: Limited to $2500 (indexed for inflation) (Healthcare FSAs)
  • FICA Medicare Tax - hospital insurance tax: Medicare taxes on wages increased an additional .9% for individuals earning > $200k and >$250k for joint filers (High Income Individuals)
  • Medicare Payroll Tax on unearned income: New 3.8% Medicare tax on the lesser of 1) net investment income or 2) MAGI exceeding $200k for individuals and $250k for joint filers (High Income Individuals)
  • New Tax: Excise tax of 2.3% on the first time sale of a medical device (Medical Device Manufacturers)
  • Comparative Effectiveness Fee: Insurers and self funded health plans must pay an annual fee of $2.00 per participant ($1.00 in 2013, indexed for inflation; scheduled to end after 2019). (Self Funded Plans & insurers)

Employer Checklist


  • For plan years after 9/30/12, if self funded health plan, pay $2.00 per participant Comparative Effectiveness Fee ($1 per participant in 2103); scheduled to end after 2019
  • Limit healthcare FSA contributions to $2500
  • Communicate new Medicare taxes for high income wage earners
  • Notify employees of the availability of Exchange plans and subsidies under certain circumstances
  • Certify compliance with Electronic Exchange of Health Information (by 12/31/2013)
  • If currently receive Medicare Part D Subsidy, determine impact and strategies to address elimination of subsidy
  • Amend SPD Wrap and Cafeteria Plan documents and distribute to employees