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Government
& Public Affairs Team
R. Daniel Beattie
Alan L. Canady
Delbert J. Chenault
Roderick S. Coy
Denise Ilitch
Andrew C. Richner
Donald F. Tucker
Reginald M. Turner John Van Fossen,
Practice Group
Leader
Lucius A. Vassar Chris
Wagner |
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Offices
Birmingham, MI
Detroit, MI
Grand Rapids, MI
Lansing, MI
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House Sends
Senate Bill to President and Reconciliation
Package to Senate
At
a minimum, Congressional Democrats have enacted
the Senate's health care reform bill (219-212), which the President is
expected to sign into law tomorrow. The
Senate will now turn its attention to the
President's proposed changes to the Senate bill
deemed the "Reconciliation Package," which the
House also approved shortly before midnight last
night (220-211).
The vote count was
in doubt until a 4 p.m. press conference where
Representative Bart Stupak (D-MI) announced that
the anti-abortion Democratic block had reached an
agreement with the President. Obama agreed to
issue an executive order prohibiting the use
of federal funds for abortions.
Republicans
will attempt to raise a procedural point of order
against a provision in the Reconciliation Package
that they claim alters Social Security law.
If the Senate Parliamentarian rules in favor of
Republicans, the process would have to start over
with regard to the proposed changes to the Senate
bill. However, the Senate bill will be
signed into law regardless of what happens with
the Reconciliation Package.
Below is a list
of provisions in both bills. For a more
in-depth analysis, watch for the next article
entitled "Health
Care Reform - Implications for
Employers."
Summary of the Senate
Bill:
- Costs $950
billion and reduces the federal deficit by $118
billion between 2010-2019;
- Expands
coverage to 32 million uninsured
individuals;
- Immediately
eliminates lifetime limits on benefits and
prohibits annual limits starting in 2014;
- Prohibits
pre-existing exclusions for children and extends
to all insured persons in 2014;
- Extends
dependent coverage up to age 26;
- Requires
uniform coverage documents so consumers can
easily compare plans when shopping for
insurance;
- Caps insurance
company non-medical administrative
expenditures;
- By 2014, each
state is required to establish a health
insurance exchange to help individuals and small
employers obtain coverage;
- Makes
refundable tax credits available for Americans
with incomes between 100 and 400 percent of the
federal poverty line;
- Establishes an
individual mandate for maintaining minimum
essential coverage with penalties beginning at
$95 in 2014 and increasing to $495 in 2015 and
$750 in 2016;
- Requires
employers with more than 50 full-time employees
to offer coverage or pay a penalty of $750 per
full-time employee;
- Expands
Medicaid eligibility to all children, parents
and childless adults who are not entitled to
Medicare and who have incomes up to 133 percent
of the federal poverty line -- between 2014-2016
the federal government will pay 100 percent of
the cost of newly-eligible individuals;
- Levies a 40
percent excise tax on high cost
employer-sponsored health coverage plans ($8,500
for single coverage and $23,000 for family
coverage) starting in 2013;
- Limits pre-tax
contributions to flexible spending accounts to
$2,500 per year beginning in 2012;
- Establishes an
annual fee ($2 billion in 2011, $4 billion in
2012, $7 billion in 2013, $9 billion for
2014-2016 and $10 billion in subsequent years)
on the health insurance sector allocated across
the industry according to market
share;
- Establishes a
value-based purchasing program for hospitals in
Fiscal Year 2013 to link Medicare payments to
quality performance;
- Increases
access to clinical preventive services
and;
- Imposes a 10
percent tax on indoor tanning services after
July 1, 2010.
Summary
of the key proposed changes in the Reconciliation
Package:
- Costs $940
billion and reduces the federal deficit by $143
billion between 2010-2019;
- Increases the
Senate plan to fine employers with over 50
full-time employees that do not offer coverage
from $750 per full-time employee to $2,000 per
employee, but would exempt the first 30
employees from the penalty to ensure there is
not a disincentive for hiring;
- Reduces the
penalties for individuals choosing not to obtain
coverage from $495 to $325 in 2015 and from $750
to $695 in 2016;
- Establishes a
new 3.8 percent tax on all unearned income
(capital gains, dividends, rental income) for
individuals earning more than $200,000 per year
($250,000 for joint filers) and;
- Delays the
start of the Senate plan to tax high cost
insurance plans from 2013 to 2018 and increases
the threshold at which plans would be subject to
the 40 percent tax to $27,500 for family plans
and $10,200 for individual
plans.
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If you have any questions
concerning these issues, please contact Chris
Wagner at 202.772.0924 or cwagner@clarkhill.com.
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To find out
more about Clark Hill and our Government &
Public Affairs Practice Group, visit clarkhill.com or call
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