When it was adopted in March of 2010, the Affordable Care Act contained a number of insurance reforms that were to be effective six months after the date of its enactment. In the months that followed, the Departments of Labor, Health and Human Services, and Treasury issued interim and temporary rules to implement the insurance reforms, which governed:
• grandfathered plans
• preexisting condition exclusions
• internal and external appeals
• rescissions, lifetime and annual limits, access to emergency care and providers
• dependent coverage
On November 13, 2015, the three departments finalized the interim rules. While the final rules make virtually no changes to the interim rules as interpreted by current guidance, they are significant because they incorporate existing guidance into regulations. And as the Obama administration nears its final year, that finalization of the rules makes it more difficult for a future administration to change them.
Highlights of the 2010 rules that were recently finalized include:
• Grandfathered Plans: Grandfathering refers to the preservation of the right to maintain existing coverage. The challenge presented by grandfathering was determining how much a plan could change and retain grandfathered status. The interim rules, which were in turn elaborated upon in guidance, adopted a series of rules defining how much a plan could change and still remain the same plan.
• Preexisting Conditions: The 2010 reforms prohibited the imposition of preexisting condition exclusions on enrollees under 19 years old, except in grandfathered individual plans, a prohibition extended to all enrollees in 2014. The final regulation clarifies that the prohibition doesn’t bar a plan or an insurer from excluding all benefits for a condition if it does so regardless of when the condition arose, although other ACA provisions such as the essential health benefits requirement may preclude such an exclusion.
• Lifetime and Annual Coverage Limits: The 2010 reforms prohibited plans and insurers from imposing lifetime limits on coverage and restricted them from imposing annual limits below certain escalating amounts on coverage for essential health benefits. In 2014, annual limits on essential health benefits coverage were completely prohibited. The lifetime limit prohibitions apply to all group health plans, including grandfathered plans, although the annual limit prohibition does not apply to individual grandfathered plans.
• Coverage of Adult Children: A provision of the 2010 reforms required group health plans and insurers, including grandfathered plans, to cover adult dependents up to age 26. The final rule clarifies that insurers and plans must cover all children under age 26 regardless of financial dependency or shared residence with the enrollee, student status, employment status, or marital status. The final rule also adds that adult children under age 26 must be covered even though they don’t live in a plan’s service area – although plans and insurers aren’t required to cover out-of-network coverage for adult children.
The final rule will go into effect on January 1, 2017, at which time the interim rules will no longer remain in effect.
Rob Calise is the Managing Director, Employee Benefits. of Cornerstone|Gencorp , where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance.
RI Business Rankings in US
WalletHub
Rhode Island has 2015's eighth highest insurance premium penalties for high risk drivers, according to a WalletHub report.
Rhode Island ranks fifth overall in the category of speeding over 20 mph annual premium increase at $482. While ranking third overall in the category of 2 accidents annual premium increase at $2,721.
Rhode Island ranks ninth overall under the reckless driving annual premium increase at $749.
WalletHub
Rhode Island has been ranked as the 8th most eco-friendly state in the country, according to a recent study by WalletHub.
Rhode Island ranks third in environmental quality and 16th in Eco-Friendly Behaviors Ran landing them in 8th overall.
RI is behind Washington and New Hampshire who are in the six and seven spots respectively, and in front of Connecticut and Hawaii who come in at the nine and ten spot.
WalletHub
Rhode Island is 2015's 4th Worst State to be a taxpayer, according to a recent WalletHub report.
Rhode Island ranks 48th of 51 with an average state and local tax price of $7,159 which is good for a 27% difference from the national average.
The states that are directly behind Rhode Island are Wisconsin at $7,159, Nebraska at $7,298 and Illinois at $7,719 for a 37% difference from the national average.
WalletHub
Rhode Island has the highest vehicle property taxes in the country, paying an average of $1,133 according to a report from WalletHub.
Virginia and Kansas are the two states just ahead of Rhode Island in the 49 and 50 spots, paying $962 and $905 respectively.
RI also ranks 42nd in average real estate tax, paying an average of $2,779, according to the WalletHub report.
On a scale with 1 being the best, and 25 being average, Rhode Island ranks 37th in low income earners, 42 in middle income earners and 45th in high income earners.
The 2014 state rankings by Forbes has just been released and Rhode Island moved up two spots from #48 in 2013 to #46 in 2014.
What does Forbes say about RI's business environment"
After Michigan and Illinois, Rhode Island has experienced the third worst net migration out of its state in the country over the past five years. With a recent unemployment rate of 7.6%—lower than only Georgia and Mississippi—residents are leaving the state in search of jobs. Rhode Island has been stuck in the bottom five overall for six straight years. One plus: labor costs are 5% below the national average, which stands out in the expensive Northeast.
Tax Foundation
Findings from The State Business Tax Climate Index were released this morning by Tax Foundation which found Rhode Island to have the 45th best tax climate for businesses for 2015. The state's rank has not changed since last year after The Index analyzed 100 different tax variables in multiple categories.
After conducting an online suvery consisting of 1,050 individuals from both parties across the nation, WalletHub ranked Rhode Island as having America's 33rd fairest tax system.
Providence is the second worst city in America for small business, according to a new survey conducted by Thumbtack.com and the Kauffman Foundation.
More than 12,000 small businesses in 82 cities across the country participate in the survey. Providence received an overall "F" grade for small business friendliness.
ALEC ranks each state in economic performance and outlook.
Although Rhode Island ranked low in economic performance, a forward-looking forecast is based on the state’s standing in 15 important state policy variables. Some of these variables include top marginal personal income tax rate and sales tax burden.
Free Enterprise ranks each state in performance, exports, innovation + entrepreneurship, business climate, talent pipeline, infrastructure.
Rhode Island has continued to feel the direct impact and ripples from the recent recession—it ranks 47th overall in economic performance. However, positive rankings of 15th in talent pipeline and 16th in innovation and entrepreneurship suggest the existence of a foundation on which to build the future.
10th Worst in Gallup's Annual Ranking of State Job Markets 2014
Rhode Island has been ranked 10th worst for job creation in Gallup's annual ranking of state job markets in 2014 with a job creation index number of 21
Rhode Island is one of two (Connecticut) states to rank in the bottom ten each year since 2008.
The 2014 State level findings have were drawn from 201,254 interviews with employed adults across the nation.