Showing posts with label James A. Klein. Show all posts
Showing posts with label James A. Klein. Show all posts

Tuesday, February 9, 2016

Alliance to Fight the 40 Opposes FY 2017 Budget Provision to Tweak the “Cadillac Tax”


For Immediate Release
February 9, 2016


Alliance to Fight the 40 Opposes FY 2017 Budget Provision
to Tweak the “Cadillac Tax”


Washington, DC— The Alliance to Fight the 40, a broad-based coalition seeking to repeal the 40% tax on employee health benefits, today urged Congress to repeal the “Cadillac Tax,” as the proposal included in the President’s FY 2017 fails to address the numerous structural problems with the tax.


“Congress must repeal the ‘Cadillac tax’ to protect health benefits for 175 million hardworking Americans, retirees, and their families,” said James A. Klein, President of the American Benefits Council. “The President’s proposal acknowledges that the tax is seriously flawed, but takes extremely modest steps to address the problem,” said Klein.


Specifically, the proposal provides a geographic adjuster to the threshold rates in states where the average premium for “gold” coverage on the state’s individual health insurance marketplace would exceed the current-law "Cadillac Tax" threshold. The adjusted rate in those states would be set at the level of average gold premium. 


“Even if that change were made, it would not address the terribly unfair impact of the tax on plans that are expensive simply because they cover a large number of women, older or disabled employees and families whose members have chronic conditions or catastrophic health events. The proposal merely requests a study of the impact of the tax on sick workers,” noted Klein.


“This flawed tax allows people obtaining coverage in the individual market exchanges substantially richer benefits than what may be offered to people getting coverage from their employers,” said Klein. The “Cadillac Tax” thresholds include a variety of health care benefits beyond premiums. On-site medical clinics, employee assistance programs, wellness programs and employer and employee HRA/HSA/FSA contributions all count toward the “Cadillac Tax” thresholds. The budget proposal would compare the premium-only price of coverage sold in the individual exchanges to the more comprehensive "Cadillac Tax" thresholds, forcing employers to offer skimpier benefits to stay below the new thresholds. 


Employers have been engaged in innovative health care cost control for decades. By contrast, this proposal does nothing to reduce the true drivers of increasing health care costs.  


“Finally, the President’s budget continues to rely on the erroneous assumption that workers will see wage increases commensurate to the health benefit cuts they will suffer. To the contrary, employer surveys continue to show that employers are reluctantly making benefits reductions now. Yet the Administration has presented no actual evidence that wages will rise in response to benefit cuts,” said Klein.


The Alliance to Fight the 40 is a broad based coalition comprised of public and private sector employer organizations, consumer groups, patient advocates, unions, health care companies, businesses and other stakeholders that support employer-sponsored health coverage. This coverage is the backbone of our health care system and protects over 175 million Americans across the United States. The Alliance seeks to repeal the 40% tax on employee health benefits to ensure that employer-sponsored coverage remains an effective and affordable option for working Americans and their families.


For more information on the 40% Tax on Health Benefits, visit our website at www.fightthe40.com or follow us on Twitter @Fightthe40.


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Friday, December 11, 2015

Bipartisan Lawmakers Urge Congress to Fight the 40% Tax on Employee Benefits

Bipartisan Lawmakers Urge Congress 
to Fight the 40% Tax on Employee Benefits

On December 2, bipartisan lawmakers of the Senate and House and representatives of large and small businesses, a national patient organization, and the 11th largest public retirement system joined the Alliance to Fight the 40 at a media event to raise awareness on the need to repeal the 40% tax on employee benefits.

Just one day after the event, the Senate voted 90-10 to approve an amendment to fully repeal the tax. This overwhelming support is coupled with 283 cosponsors on House legislation to repeal the tax, which is just 7 shy of reaching the 290 members needed for a veto proof majority.

Sen. Dean Heller (R-NV) argued the tax would cause Americans that rely on employer-sponsored health plans “reduced benefits, increased premiums and higher deductibles,” and Sen. Martin Heinrich echoed these sentiments, adding that the Cadillac Tax means “less access to primary care.”

Rep. Frank Guinta (R-NH) made note that “the White House recognizes the level of bipartisan support” to repeal the Cadillac Tax. He added, “Now it’s time to act!”

Rep. Joe Courtney (D-CT) asked for a full repeal of the Cadillac Tax stating, “We can join together to…keep health insurance affordable for every working family.” Along with Sen. Sherrod Brown, the four lawmakers have taken on a large role in the effort to repeal the tax, sending a letter to the president requesting a discussion about the negative impact the Cadillac Tax will have on workers that rely on employer-sponsored healthcare.


These and other leaders are working to ensure that American workers, retirees, and patients with chronic illnesses are all able to afford their healthcare without worrying about the Cadillac Tax raising costs. Now is the time to take action and fight to repeal this tax altogether. 


Thursday, December 3, 2015

ICYMI: Members of Congress Join Forces with Alliance to Fight the 40 in Calling for “Cadillac Tax” Repeal


For Immediate Release
December 3, 2015
Contact:
Tara Bradshaw

ICYMI:
Members of Congress Join Forces with Alliance to Fight the 40 in Calling for “Cadillac Tax” Repeal

Washington, D.C. – On Wednesday, Republican and Democratic Members of the Senate and House were joined by representatives of large and small businesses, a national patient organization, the 11th largest public retirement system, and laborers at a media event to call for the repeal of the 40% tax on employee health benefits, more commonly known as the “Cadillac Tax” before Congress adjourns at the end of the month.
All urged a repeal of the Cadillac Tax in order to reduce the negative impact it will have on the 175 million Americans that rely on employer-sponsored health coverage, including workers, families, retirees and those living with chronic illnesses.

Key coverage of the event includes:

The Hill: The efforts to ditch the tax, which House Democrats, including Courtney, have opposed since the creation of ObamaCare, has been lifted by a campaign called the Alliance to Fight the 40. That coalition [has] warned that millions of middle-class workers will see the effects of the tax, which has yet to be implemented, as soon as contract negotiations begin this year. The tax officially goes into effect in 2018.

Bloomberg BNA: … paths such as legislation to extend various tax breaks—known as the “tax extenders” bill—will need to be explored, Heller said during an event hosted by the Alliance to Fight the 40, a group opposing the Cadillac tax. Heller and Sen. Martin Heinrich (D-N.M.), who also spoke at the event, introduced the Middle Class Health Benefits Tax Repeal Act of 2015 in September (S. 2045) (181 DTR G-1, 9/18/15). Rep. Frank Guinta (R-N.H.) said during the event that he thinks including a repeal of the Cadillac tax in the tax extenders package “makes the most sense.” Guinta introduced the Ax the Tax on Middle Class Americans' Health Plans Act (H.R. 879) in February.

Inside Health Policy: Courtney [spoke] at a press conference organized by the “Alliance to Fight the 40,” a cross-industry coalition to end the so-called “Cadillac tax” before it takes effect in 2018 … Business groups say employers are already cutting back employee benefits and worry about taking funds out of retiree benefits to pay for the tax. The Alliance to Fight the 40 points out that while the “Cadillac tax” was expected to hit only 3 percent of plans in 2018, other projections show it could hit 19 percent of plans in 2018 and nearly half of plans in 2022.

The Alliance to Fight the 40 is a broad based coalition comprised of public and private sector employer organizations, consumer groups, patient advocates, unions, health care companies, businesses and other stakeholders that support employer-sponsored health coverage. This coverage is the backbone of our health care system and protects over 175 million Americans across the United States. The Alliance seeks to repeal the 40% tax on employee health benefits to ensure that employer-sponsored coverage remains an effective and affordable option for working Americans and their families.


For more information on the 40% Tax on Health Benefits, visit our website at www.fightthe40.com or follow us on Twitter @Fightthe40.
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Thursday, November 19, 2015

American Benefits Council: Evaluating the Impact of the 40 Percent ‘Cadillac’ Tax on Plan Sponsors and Participants: Analyzing Economic Research


November 18, 2015| BBP 2015-9

Evaluating the Impact of the 40 Percent ‘Cadillac’ Tax on Plan Sponsors and Participants:
Analyzing Economic Research


Beginning in 2018, Internal Revenue Code Section 4980I – as added by the Affordable Care Act (ACA) – imposes a nondeductible excise tax on employers, health insurance issuers, and/or entities administering plan benefits if the value of applicable employer sponsored coverage exceeds a specified annual limit. This tax, commonly known as the “Cadillac Tax,” is equal to 40 percent of the aggregate value in excess of the annual limit.

Numerous recent studies have attempted to quantify the practical effect of the tax on employer-sponsored coverage and have reached different conclusions. Among the most significant findings are:

·        Under the scenarios examined, a very large percentage of workers (and their families) are enrolled in plans that will trigger the tax – even though the original intent of the 40% tax on health benefits may have been to target only “overly rich” plans.

·        Middle income workers affected by the excise tax will experience significant reductions in benefits and will bear an increased tax burden that is a greater proportion of their income than for high and low income groups.

The Council’s analysis of these studies demonstrates that the tax will almost certainly increase taxes or costs – or both – for employers and employees. The Council strongly recommends lawmakers acknowledge these projections and act immediately to repeal the tax.

                                                

Background

This tax was included in the ACA to raise revenue to pay for other provisions and dampen the rate of increase in health care spending by curtailing “overly generous” health coverage. In so doing, the authors sought to “bend the cost curve” downward.

The tax is currently estimated by the Congressional Budget Office (CBO) to generate $91 billion in revenues over the next ten years. Roughly three-fourths of this revenue is anticipated to come not from the tax itself but from employers reducing health care expenditures (currently excluded from payroll and income taxes), and correspondingly increasing taxable compensation by an equivalent amount, thereby generating higher income tax revenues. (This is a controversial assumption that comports with standard economic theory and a variety of econometric studies, but contrasts with the expectations of many employers.) The other one-fourth of the assumed revenue would be attributable to plan sponsors maintaining benefit levels and triggering and paying the tax.

Pursuing cost containment through a tax imposed on insurers and self-insured plans was a political compromise that enabled the sponsors of the legislation to achieve their dual objectives (raising funds and “bending the cost curve”) without explicitly altering the current tax treatment of employee benefits. Sponsors are theoretically free to continue to provide tax exempt benefits at a level of their choice, with the tax paid by the entity underwriting the coverage. In reality (as anticipated by the revenue estimates and recent studies) the provision will effectively impose a cap on the health benefits provided by employers, as most employers redesign their plans, to the extent possible, to avoid the tax.

To better understand the impact of the excise tax it is important to evaluate (1) the number of employers expected to be affected and (2) the distributional impact on individuals at varying income levels. These are the subject of two recently released analyses.


Kaiser Family Foundation: How Many Employers Will Be Affected?

In an August 2015 Issue Brief, How Many Employers Could Be Affected by the Cadillac Plan Tax, the Kaiser Family Foundation (KFF) used the 2015 Kaiser/HRET Employer Health Benefits Survey (EHBS) to look at self-only plan costs and estimate the proportion of employers with costs that would exceed the thresholds between 2018 and 2028. The paper considers two scenarios: (1) imposing the tax on the aggregate cost of premiums, Health Savings Accounts (HSAs) and Heath Reimbursement Accounts (HRAs); and (2) including Flexible Spending Accounts (FSAs) in the applicable health benefit costs.

The analysis finds that for the lower applicable set of costs (premiums, HSA and HRA), 16 percent of employers would have at least one plan that would be subject to the tax in 2018, increasing to 36 percent by 2028. Including FSAs in the applicable costs would raise the share of affected employers to 26 percent in 2018 and 42 percent by 2028. Among firms with more than 200 workers the proportion with a plan above the thresholds is estimated to be 46 percent in 2018 increasing to 68 percent by 2028.

Share of Employers with At Least One Plan Hitting Threshold
Year
Self-only coverage threshold
Scenario 1: Premium + HSA + HRA
Scenario 2: Premium + HSA + HRA + FSA
Premium + HSA + HRA + FSA, Companies with 200+ workers
2018
$10,200
16%
26%
46%
2023
$11,800
22%
30%
56%
2028
$13,500
36%
42%
68%

It is important to remember that these are the number of employers offering health benefits that are estimated to have at least one of their plans affected by the tax. The proportion of workers will be different and could be either more or less than these numbers depending on the frame of reference. Among those working for firms now offering benefits the proportion could be higher because larger employers typically provide more generous benefits (as evidenced by the above-referenced higher number of plans sponsored by larger employers that will trigger the tax).


Urban Institute: Cadillac Tax vs. Capping the Exclusion

The second analysis provides an evaluation of the distributional outcomes that are projected to result from two potential policy approaches for achieving cost containment and raising revenue.

The Urban Institute’s October 2015 study, The ACA’s“Cadillac Tax Versus a Cap on the Tax Exclusion of Employer-Based HealthBenefits: Is This a Battle Worth Fighting?, uses simulations to evaluate the impact on various income segments with respect to both the 40 percent tax and the theoretical imposition of a cap on the tax exclusion of employer sponsored health benefits at the same thresholds.

This study finds the impact of the tax will be unevenly felt across the income distribution in complicated ways. If employers reduce benefits to avoid the tax and adjust cash compensation upward in an amount equal to the reduction in benefits, the analysis concludes that most of the increased tax revenue (about two-thirds) will come from the top 40 percent of the income distribution. This is largely because this group has much higher income tax rates that will result in much higher revenues from an equivalent amount of shift in compensation from health benefits to taxable income. The simulations indicate that in 2020, among those in the middle 60 percent of the income distribution (the 2rd to 4th quintiles) that are affected can expect to experience an increase in income tax liability that will average from $453 for the 2nd quintile to $858 for the 4th quintile. These tax increases are the net value of the shift in the compensation package from health benefits to taxable income, indicating that the expected loss in health benefits will be several times these values – although the study does not report these numbers.

The evaluation of an alternative scenario in which sponsors chose to retain benefit levels and therefore incur and pay the tax indicates a somewhat more regressive distribution of costs with about two-thirds of the tax-related costs falling on the middle 60 percent of the income distribution.

Additionally, the imposition of a direct cap on the tax exclusion would result in the distribution of costs essentially equivalent to the outcomes projected for the tax. Thus the Urban Institute authors assert that capping the exclusion represents a better policy because it would have more direct and certain distributional effects while achieving the same cost-containment and revenue outcomes.

In considering analysis about the distributional effects of the 40 percent tax, it is important to bear in mind that this study and an earlierevaluation of the tax undertaken by the Tax Policy Center (a research entity jointly managed by the Urban Institute and the Brookings Institution) indicate that the proportion of the tax imposed on middle-income groups exceeds their current share of income and federal tax liability and will therefore increase their relative tax burden.

Specifically, the studies estimate that if employers reduce health benefits to remain below the excise tax thresholds, in the first year nearly 25 percent of all new taxes resulting from the provision will fall on the middle one-fifth of taxpayers, a group that receives only about 14 percent of income and pays 11 to 12 percent of federal taxes according to the most recent CBO analysis.


Conclusion

Proponents of the 40 percent tax may point to the CBO estimate and economic theory to support the assertion that the tax will “bend” the health care “cost curve” while raising a significant amount of revenue. But these two studies illustrate the more immediate and widespread threats to middle class workers posed by the tax.

The tax is likely to hit a significant percentage of employers as soon as it goes into effect, with that percentage rapidly growing as the years pass. Although much of the dollar value of the tax will fall on higher income groups, this is largely due to their higher income tax rates. As the studies show, the tax will result in the loss of thousands of dollars of employer sponsored health benefits and increased taxes for many workers at all income levels leaving them measurably worse off. The effect on various income groups will be unpredictable but likely to be disproportionately felt by those with moderate incomes.

No matter what approach Congress chooses going forward to address health care costs, the strategy should begin with repeal of the 40 percent tax.




Wednesday, October 14, 2015

ICYMI: A ‘Cadillac’ Tax That Looks Like a Lemon | Commentary


A ‘Cadillac’ Tax That Looks Like a Lemon | Commentary

By James A. Klein and Terry O’Sullivan
The Affordable Care Act was passed with the intention of fixing several parts of our health care system: rising costs, growing ranks of uninsured and exclusions for pre-existing conditions. And now, a strong bipartisan group of congressional lawmakers is standing up to prevent unintended harm to employees’ health and health coverage.
Health reform was supposed to fix what was broken, not dismantle the employer-based health system that successfully covers more than 175 million Americans. As representatives of businesses and working people, we see the 40 percent “Cadillac tax” on health benefits as a serious attack on our shared future.
The term “Cadillac tax” falsely suggests it only affects plans with “excessive” benefits. In fact, it would hit plans that are expensive simply because they cover people with higher than average costs: women, older and disabled workers, and families experiencing catastrophic health events. That was not Congress’ intent when it passed the law.
Democrats and Republicans do not agree about much when it comes to the Affordable Care Act. But both Secretary Hillary Rodham Clinton and House Ways and Means Committee Chairman Paul D. Ryan have called for repeal of the Cadillac tax. The reason is simple: the tax is flawed both conceptually and in its construction. The cost point that triggers the tax is based on the Consumer Price Index. But Congressional Budget Office estimates show health costs will rise more than twice as fast as general inflation over the next decade. A Towers Watson survey found that 48 percent of employers expect at least one plan could trigger the tax in 2018, when it goes into effect, and fully 82 percent just five years later.
But by no means is this just a 2018 problem. The impact is being felt right now. Aon Hewitt reports that one-third of employers who have determined the impact of the tax are increasing out-of-pocket costs this year to avoid a trajectory that will trigger it in the future. Likewise, the CBO acknowledges employers will seek to avoid the tax by reducing benefits. Yet studies show that many patients forego needed care when faced with higher out-of-pocket costs. This is why further delay of this tax is not a solution; it must be repealed now.
The tax also fails to account for enormous variations in health costs. A study by Milliman found that geography had a potential 69.3 percent impact on premiums — noting that a health plan costing $9,189 annually in one part of the country could cost $15,556 elsewhere. Ironically, high value plans in lower cost locations avoid the tax, while lesser value plans in higher cost areas are subjected to it.
Analysis by Ernst & Young shockingly demonstrated that in certain high-cost states such as Georgia, Alaska, West Virginia and Wyoming, a silver-level plan in the small business exchanges will trigger the tax in 2018 or shortly thereafter. Clearly, Congress did not intend to tax plans paying 70 cents of every dollar in covered services — plans that the ACA expressly requires be offered to small employers.
Assumptions underlying the estimated $91 billion to be generated by the tax are also concerning. The CBO projects three-quarters will come from employers replacing health benefits with taxable wages. If the CBO is correct, working Americans will be asked to pay more. If the CBO is wrong, the revenue may never materialize and employees will lose valuable benefits without a corresponding increase in pay.
Rep.  Joe Courtney, D-Conn., has authored a bipartisan bill to repeal the tax. Along with a measure introduced by Rep. Frank C. Guinta, R-N.H., far more than a majority of House members have co-sponsored legislation to eliminate the tax. Momentum is building in the Senate, as well, as Sens. Dean Heller, R-Nev., and Martin Heinrich, D-N.M., recently introduced a companion to the Courtney bill, and Sen. Sherrod Brown, D-Ohio,  just released his repeal proposal. Both bills are joined by several cosponsors, so it is also a very bipartisan effort in the Senate.
How to improve the health system is the subject of continued debate. In the case of the “Cadillac tax,” Congress and the Obama administration can come together now in a bipartisan fashion to do what is right for working people and businesses and repeal the tax. They should act without delay.

James A. Klein is president of the American Benefits Council, whose member companies sponsor or administer health and retirement plans covering millions of Americans. Terry O’Sullivan is general president of the Laborers’ International Union of North America, representing a half-million members in the construction industry. Both groups are among the organizers of the Alliance to Fight the 40, a diverse coalition of public and private sector employers and labor unions.