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  • Recent Articles

    • Important Affordable Care Act Deadline: Employee Notices of the Health Insurance Marketplace (Exchange) Due by October 1, 2013
    • DOL Releases Model Notice and Guidance on PPACA’s Exchange Notice Requirement
    • The ACA – What you need to do NOW
    • IRS Provides Guidance to Determine Minimum Value and Affordability Rules for HRAs, HSAs and Wellness Incentives
    • Clarification by Treasury and IRS Relaxes Election Change Rules

IRS Provides Guidance to Determine Minimum Value and Affordability Rules for HRAs, HSAs and Wellness Incentives

May 6th, 2013 | No Comments |
Category: CDHC, Compliance and Regulatory, HRA, HSA, Health Care Reform, Health Reimbursement, Health Savings Account, Health Savings Accounts, IRS, PPACA, Taxes, Uncategorized

On April 30, 2013, the Internal Revenue (IRS) released proposed regulations which provide guidance on health care reform’s premium tax credit for the health insurance exchanges:

* for determining whether coverage under eligible employer-sponsored plans provides minimum value (MV), and

* how health reimbursement arrangements (HRAs), health savings accounts (HSAs) and wellness program incentives will be used in determining minimum value and affordability.

The Minimum Value (MV) Calculation

Beginning in 2014, individuals who purchase coverage under a qualified health plan through an Exchange may receive a premium tax credit only if he or she was not offered affordable coverage under an eligible employer-sponsored plan that does not provides minimum value (MV) or is not affordable.

A plan fails to provide MV if its share of the total allowed costs of benefits provided under the plan is less than 60% of the costs. This proportion of the total allowed costs of benefits paid by the plan is called the plan’s MV percentage. In general, the MV percentage is determined by:

* Dividing the cost of certain benefits the plan would pay for a standard population by the total cost of certain benefits for the population, including amounts the plan pays and amounts the employee pays through cost-sharing; and.

* Converting the result to a percentage.

The IRS provides in the proposed regulations that employer-sponsored self-insured and insured large group plans need not cover every essential health benefit (EHB) category or conform their plans to an EHB benchmark that applies to qualified health plans.

All amounts contributed by an employer for the current year to an HSA are taken into account in determining the plan’s share of costs for MV purposes; and treated as amounts available for first dollar coverage.

All amounts that are newly made available for a year under an HRA that is integrated with an eligible employer-sponsored plan for the current plan year are taken into account for MV purposes if the amounts may be used only for cost-sharing and not to pay insurance premiums.

Minimum Value and Wellness Program Incentives

The IRS provides in the proposed regulations that a plan’s share of costs for MV purposes is determined without regard to reduced cost-sharing (for example, deductibles or copayments) available under a nondiscriminatory wellness program. But if a nondiscriminatory wellness programs is designed to prevent or reduce tobacco use, MV may be calculated assuming that every eligible individual satisfies the program’s terms relating to prevention or reduction of tobacco use.

Affordability Determination

For the purposes of determining affordability, HRAs and wellness program incentives can be counted. Amounts that are newly made available under an HRA that is integrated with an eligible employer-sponsored plan for the current plan year are taken into account only in determining affordability if the employee may either:

* Use the amounts only for premiums.

* Choose to use the amounts for either premiums or cost-sharing.

For wellness programs, affordability is determined by assuming that each employee fails to satisfy the wellness program’s requirements, except those of a nondiscriminatory wellness program related to tobacco use. This means the affordability of a plan that charges a higher initial premium for tobacco users is determined based on the premium charged to either:

* Non-tobacco users.

* Tobacco users who complete the related wellness program (for example, attending smoking cessation classes).

In the proposed regulations, the IRS includes special transition relief, for the employer mandate penalty purposes, for group health plan years beginning before January 1, 2015. Under this relief, certain employers are not subject to this penalty for employees who received a premium tax credit because the employer’s offer of coverage was unaffordable or did not provide MV if the coverage generally would have been affordable or satisfied MV based on required employee premium and cost-sharing applicable for the plan if the employee satisfied wellness program requirements in effect on May 3, 2013.

The transition relief applies for rewards expressed as either:

* A dollar amount.

* A fraction of the total required employee premium contribution (or, if applicable, employee cost-sharing).

Additional Minimum Value Safe Harbors to Be Announced

Employers can use the MV Calculator provided by HHS and the IRS to determine whether a plan provides MV. In addition, the IRS anticipates that future guidance will include several safe harbors that are examples of plan designs that would clearly satisfy the 60% threshold if measured using the MV Calculator.

In addition, the IRS proposed that plan designs meeting the following specifications would be safe harbors for determining MV, provided that the plans cover all the benefits included in the MV Calculator:

* A plan with a $3,500 integrated medical and drug deductible, 80% plan cost-sharing and a $6,000 maximum out-of-pocket limit for employee cost-sharing.

* A plan with a $4,500 integrated medical and drug deductible, 70% plan cost-sharing, a $6,400 maximum out-of-pocket limit and a $500 employer contribution to an HSA.

* A plan with a $3,500 medical deductible, $0 drug deductible, 60% plan medical expense cost-sharing, 75% plan drug cost-sharing, a $6,400 maximum out-of-pocket limit and drug co-pays of $10/$20/$50 for the first, second and third prescription drug tiers, with 75% coinsurance for specialty drugs.

For a copy of the proposed regulations, please click on the link below:

http://www.gpo.gov/fdsys/pkg/FR-2013-05-03/pdf/2013-10463.pdf

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ObamaCare signals big role for Health Savings Accounts

February 22nd, 2013 | No Comments |
Category: CDHC, Compliance and Regulatory, HSA, Health Care Reform, Health Savings Account, Health Savings Accounts, IRS, PPACA, Taxes, Uncategorized

contributed by :
Dan Perrin, Executive Director of the HSA Coalition

Despite getting clobbered in the fiscal cliff negotiations, Republicans have something to celebrate this year – the survival of health savings accounts, or HSAs. They had feared that President Obama would obliterate this critical cost-saving tool. Sure, the president had promised that ObamaCare would not bar HSA-qualified plans from health insurance exchanges. But we had our doubts.

Fortunately, we were wrong.

A new regulation from the Department of Health and Human Services should put Republican fears to rest. Issued in November, the Department’s proposed Actuarial Value Calculator has been tested and re-tested. Republicans and HSA experts can conclude only one thing from this mathematical tool: ObamaCare is safe for HSAs.

HSAs are accounts that allow the owners of high-deductible health insurance plans to save tax-free for medical expenses. HSA-qualified plans offer low monthly premiums, which has made them the fastest-growing type of health plan in the United States for the past four years. If initial results from private health exchanges operating in Minnesota are any indication, more than half of insurance buyers want an HSA-qualified plan.

Republicans have lauded HSAs for years, both as a way to bring choice and savings to individual consumers, and as a method for keeping overall health care expenses from spiraling out of control.
The White House and Department of Health and Human Services appear to have also concluded, rightly, that for the health exchanges to work, the option to choose low-cost, HSA-qualified health plans must be preserved.

No one has been more caught off guard by this conclusion than primed-for-battle political operatives like myself. In fact, the proposed health care regulations embodied in the Actuarial Value Calculator are so fair and reasonable that much of the Republican health care policy apparatus has been stunned into silence — perhaps accounting for how little we’ve heard about the new regulation.

Literally, with one draft rule, and indications that other draft rules will also permit HSAs, the Department has silenced a huge chorus of Republican critics of the President’s health care plan. On Capitol Hill, health care aides to Republican Senators and Congressmen are asking, “what do we say now?” You can hear the delete button being pressed on whole paragraphs of stump speeches pounding ObamaCare.

In a Washington, D.C., board meeting a few weeks ago, I heard this HHS rule being described as “the best Jedi mind trick, ever.”

Assuming the rules don’t change, the implications are enormous. Inside the beltway, it means a new era of détente has broken out in at least one corner of the health care wars. Republicans can say that one of their signature health care policies has been preserved under ObamaCare. Democrats can point out that the President kept his promise.

More important is what happens outside the beltway. Across America, current HSA owners will get to keep the plans they have. HSA-qualified plans will remain the least-expensive type of health insurance policy on the market. And Americans will have more health care choices than we thought they would.

It’s not often in Washington that we get to say “everybody wins,” but this is that rare occasion.

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Consumer Engagement Is The New Healthcare Reality

December 24th, 2012 | No Comments |
Category: CDHC, Cafeteria Plans, FSA, Flexible Spending, HRA, HSA, Health Care Reform, Health Reimbursement, Health Savings Account, PPACA, Section 125 Plans, Uncategorized

Every so often it seems another round of surveys is released demonstrating the strong, continual growth of the consumer-directed health care (CDHC) market and the accompanying behavioral shift in how Americans approach buying health care. This month has already seen the release of two significant surveys by reputable health and benefits organizations.

This year’s EBRI/MGA Consumer Engagement in Health Care Survey (CEHCS), the Employee Benefit Research Institute’s survey to track the evolution of high-deductible health plans (HDHPs), consumer-directed health plans (CDHPs) and medical savings accounts, including health savings accounts (HSAs) and health reimbursement arrangements (HRAs), shows a significant behavioral difference in how CDHP enrollees purchase health care.

EBRI, now in its 34th year, has long been considered an invaluable source of unbiased, nonpartisan employee benefits information. This is the eighth year of the Consumer Engagement in Health Care Survey.

Secondly, Wolters Kluwer Health, a leading global provider of information, business intelligence and point-of-care solutions for the health care industry, has released a survey delving into the growing trend in consumerism.

Their Consumerization of Health Care demonstrates that a vast majority of Americans are ready to take a proactive role in their health care.

Data from the survey suggests that Americans feel a sense of urgency in taking control of their own health care. Eighty-six percent report that they feel they need to take a more proactive role in their health care to ensure a better quality of care. And 80 percent feel that the consumerization of health care generally is a positive trend for our country.

The Wolters Kluwer Health survey was conducted by IPSOS among 1,000 U.S. consumers ages 18 and older. Survey questions focused on exploring whether consumers want more control over their own health care and whether they feel prepared to take on more responsibility.

What both these studies show is a larger shift in the way Americans now view purchasing health care. The Wolters Kluwer study finds Americans desiring a more transparent patient experience, wherein they are empowered and have options to shop for health care. And this mirrors a growing industry trend, led by groups like Castlight Health, who promote and offer solutions for cost transparecy in health care.

The EBRI study, which contrasts characteristics of those enrolled in a CDHP, HDHP and traditional plans, concludes that CDHP enrollees are leading the shift toward consumerism. CDHP enrollees were more likely than those in a traditional plan to exhibit a number of cost-conscious behaviors. They already understand that they are empowered consumers and are saving themselves — and their employers — a significant sum of money. It’s time for the rest to catch up.

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So you’ve got an HSA, now what do you do with it?

November 9th, 2012 | No Comments |
Category: CDHC, HSA, Health Care Reform, Health Savings Account, IRS, Uncategorized

By Beth Pinsker Gladstone

NEW YORK | Thu Oct 11, 2012 9:30am EDT

NEW YORK (Reuters) – If your company tells you it’s replacing your health insurance with a high deductible plan paired with a health savings account – or adding that option to your benefits menu – you might want to make your first stop the information technology department rather than human resources.

“The guys in finance and the guys in IT – those are the two departments that sign up for higher deductibles,” says Helen Darling, president and chief executive of the National Business Group on Health, a non-profit coalition of 325 large employers.

That’s because it all comes down to cold, hard math, and the spreadsheet jockeys have probably run the numbers on those plans. While many people shudder at the thought of anything that is “high deductible,” these plans can work out in your favor.

“Once people see the math, many are won over right away,” says Maureen Fay, a vice president at Aon Hewitt, a benefits consulting firm.

Workers may not have much of a choice, the National Business Group on Health says, since 19 percent of employers will be offering high deductible plans as the only option in 2013, as opposed to 17 percent in 2012 and just 7 percent in 2009. Some 54 percent of workplaces will offer the high deductible plans as a choice in 2013. (See Reuters graphic link.reuters.com/zyp23t).

Here’s how to make the plans work for you:

1. Get over the initial sticker shock.

High deductible plans are similar to traditional plans in that after you meet the deductible, care is covered at around 80 or 90 percent if you stay in the preferred provider network. But initial out-of-pocket costs are higher; there’s a minimum deductible of at least $2,400 for a family, versus an average of around $1,200 at large employers for other plans, according to Mercer, a human resources consulting firm.

While most insurance plans can be paired with pre-tax flexible spending accounts, high deductible plans are instead often matched up with either an employer-funded health reimbursement arrangement (HRA) or an employee-controlled, pre-tax health savings account (HSA), depending on which your employer chooses to offer.

HSAs are gaining ground the fastest, according to Aon Hewitt, mostly because they provide an attractive savings vehicle. The money in HSAs belongs to the account holder forever. An account holder can save it from year to year, and the funds in the accounts are never taxed if used for qualified healthcare expenses.

2. Work the freebies.

Well visits for the kids, annual physicals, yearly mammograms – preventive care is free now, and not counted toward the deductible. Paul Fronstin, director of the Health Research & Education Program at the Employee Benefit Research Institute, says the most important way to work your HSA is to know the details of your plan and what incentives your employer offers. Some will put cash into your HSA for completing things like health surveys, and some will just give a cash contribution with no strings attached.

Some companies also allow you to contribute to a Flexible Spending Account for certain limited, qualified expenses (such as vision or dental expenses) at the same time as an HSA or an HRA, increasing the tax benefits.

3. Know what care costs.

If you’re used to a $20 co-pay, researching costs may sound ominous. But it’s worth it to find out which mammogram location costs less, or which drugs are cheaper, says Aon Hewitt’s Fay. Most health insurance providers have smartphone apps that allow you to check doctors and drug costs, and programs like Quicken can help you keep track of the money going in and out. Keeping receipts and good records could help you down the road, since you can reimburse yourself later from your HSA for past bills that you don’t claim against the savings right away.

There is a potential downside here, though. The theory behind high deductible plans is that when people know the cost of care and the dollars are coming out of their own pockets, they spend more wisely. But it might also keep people away from needed care that they can’t afford. If you are in one of these plans, make sure you have the cash available to cover services until you meet your deductible.

4. Know your own health.

Conventional wisdom says that young, healthy people like high deductible plans because they only pay for what they use, and they typically use very little. But Fronstin says the plans actually work very well if you have a chronic condition, especially if you know what you spend in a year.

Some families could reach a $3,000 deductible in just a couple of months – have a baby in January and you are set for the year.

And there are mandated out of pocket maximums — $6,050 for an individual, $12,100 for a family — for your protection.

5. Choose your HSA custodian wisely.

Just because your employer chooses one home for your account, doesn’t mean you have to stay there. A variety of financial institutions can house your HSA, as it’s functionally just like retirement savings account. Until you turn 65, you can only use the money for medical expenses or it’s subject to income taxes and a 20 percent penalty. Once you hit 65, there are no withdrawal penalties, but you still need to pay income tax if you use the funds for nonmedical expenses.

Every custodian has a different schedule of fees for such things as monthly maintenance and overdrafts. Also, some custodians have more options for investments once you accumulate over $2,000 or so, while others have more flexible options for frequent withdrawals. You can compare account features at sites like HSAfinder (hsafinder.com/).

6. Savers fare better long term.

The maximum contribution for HSAs in 2013 will be $3,250 for individuals and $6,450 for families, with a $1,000 makeup contribution for those older than 55. You can keep making these pre-tax contributions as long as you have a qualifying high-deductible plan, and any money you leave in the account is yours to carry forward, all the way through retirement. So you could end up socking away quite a bit of money that could grow tax free.

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2013 HSA Contribution Limits Released

May 3rd, 2012 | No Comments |
Category: HSA, Health Savings Account, Health Savings Accounts, Uncategorized

IRS has just issued Revenue Procedure 2012-26, which provides the 2013 cost-of-living contribution and coverage adjustments for HSAs, as required under Code Section 223(g). Most contribution limits and the out-of-pocket amounts have been increased for 2013.


2013 Annual Contribution Limit:

Single coverage: $3,250 (up from $3,100 in 2012)
Family coverage: $6,450 (up from $6,250 in 2012)

2013 Minimum Deductible for HDHP:
Single coverage: $1,250 (up from $1,200 in 2012)
Family coverage: $2,500 (up from $2,400 in 2012)

2013 Maximum Out-of-pocket:

Single coverage: $6,250 (up from $6,050 in 2012)
Family coverage: $12,500 (up from $12,100 in 2012)

For a copy of Revenue Procedure 2012-26, please click on the link below:

http://www.irs.gov/pub/irs-drop/rp-12-26.pdf

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HSA minimum deductible will rise to $2,500 family and $1,250 individual in 2013

February 25th, 2012 | No Comments |
Category: CDHC, Compliance and Regulatory, HSA, Health Savings Account, Health Savings Accounts, IRS, Taxes, Uncategorized

The HSA minimum deductible, a benchmark for comparing HSAs with traditional PPO plans, will rise to $2,500 family and $1,250 individual in 2013, the first increase in the past 3 years, according to former Treasury official Roy Ramthun who makes the annual estimate using near-final government data.

A statutory technical freeze on the rise for three years has resulted in the average employee plan deductible without an HSA rising to virtually the same amount as an HSA minimum deductible. This  means people who are offered a choice often now see little difference in deductibles if they pick an HSA. Now HSAs will probably rise at closer to the same rate as regular HD plans.

Health reimbursement accounts (HRAs) have no minimums on how much the deductible is or the level of the employer contribution. In real market terms, HRAs typically have lower deductibles and generate less out-of-pocket cost than HSAs. So if anything the faster-rising minimum HSA deductible will make that difference with HRAs even greater from the consumer point-of-view.

Ramthun also announced that the maximum contribution to HSAs in 2013 will  hit a new high of $6,450 family and $3,200 individuals (self-only), plus $1,000 for those over 55 who will be allowed a total of $7,450.  Anybody can contribute up to the maximum regardless of their deductible (combined EE and ER), so a rise in the total allowed makes HSAs more attractive as investments.

© Interpro Publications 2012

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IRS Issues 2011 Version of Publication 969 on HSAs, HRAs, Health FSAs and MSAs

January 31st, 2012 | 1 Comment |
Category: CDHC, Cafeteria Plans, Compliance and Regulatory, FSA, Flexible Spending, HRA, HSA, Health Care Reform, Health Reimbursement, Health Savings Account, Health Savings Accounts, IIAS, IRS, Section 125 Plans, Taxes, Uncategorized

Publication 969 has been updated for use in preparing 2011 tax returns. This publication provides basic information about HSAs, HRAs, health FSAs, Archer MSAs and Medicare Advantage MSAs, including brief descriptions of benefits, eligibility requirements, contribution limits and distribution issues. There are very few changes to the 2011 version. The publication has been updated to reflect two changes that apply beginning in 2011: the prescription requirement for OTC drugs (other than insulin) purchased after 2010, and the increase (to 20 percent) in the additional tax on HSA and MSA distributions not used for qualified medical expenses.

Click here to view IRS Publication 969.

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Health Care Benefits Options for Small Business Owners in the New World

January 24th, 2012 | No Comments |
Category: CDHC, Compliance and Regulatory, HRA, HSA, Health Care Reform, Health Reimbursement, Health Savings Account, Health Savings Accounts, IRS, PPACA, State Legislation, Taxes, Uncategorized

What Small-Business Owners Need to Know about Health Care Benefits

Offering comprehensive benefits to employees can help you attract, hire, and retain the best workers. Yet many small-business owners believe that health care insurance is a luxury they can’t afford. The good news: Thanks to new incentives, tax credits, industry reform, and nontraditional plans, health care insurance may be within reach.

Here are a few things small-business owners should know about providing health care insurance:

  • Reform is in the offing. Small businesses pay some 18 percent more than their larger counterparts for the same health insurance policy, but the federal government is working to change this. On March 23, 2010, The Patient Protection and Affordable Care Act, nicknamed Obamacare, was signed into law by the president. Most of its changes are scheduled to take effect by 2014. The upshot: Through incentives, tax credits, and affordable insurance exchanges , the cost of providing health care coverage to workers will become more affordable for small-business owners.
  • Tax credits can offset your costs. One of the most notable changes — and benefits — of health care reform for small businesses is the Small Business Health Care Tax Credit. According to the U.S. Department of Health and Human Services, nearly 4 million small businesses can take advantage of this tax credit when providing health insurance benefits to their workers. The first phase of the tax credit entitles businesses with fewer than 25 employees (that meet certain requirements) to a credit of up to 35 percent to offset the cost of providing insurance. In 2014, this tax credit will increase to 50 percent. To determine whether you’re eligible, speak with a tax adviser, refer to the IRS’s coverage, or read this post.
  • Alternatives to traditional coverage exist. Once upon a time, small businesses could only offer health insurance plans to employees through either a preferred provider organization (PPO) or health maintenance organization (HMO). Although these types of insurance plans still exist, today you have other options, too. These include allowing employees to set aside pre-tax dollars to pay for their medical expenses through a health reimbursement arrangement (HRA) or a health savings account (HSA). An HSA is tied to an insurance plan (typically one with a high deductible); an HRA isn’t. Both HSAs and HRAs offer tax advantages to small-business owners and their employees, which can lower the cost of health insurance.
  • Consumer-directed health plans are increasing in popularity. CDHPs were the only type of health insurance plan to experience enrollment growth in 2010, according to a survey conducted by Mercer, a global human resources consultant. These self-funded plans, in which employers and employees pay into an account instead of sending premiums to an insurance company, are based on the premise that not everyone will use all of the traditional health insurance plan dollars that have been allocated. In 2011, 18 percent of small businesses are expected to offer CDHPs. Another benefit of CDHPs: Enrollees are more likely to participate in wellness programs and demonstrate both cost-cutting and health-conscious behaviors when they play a more direct role in budgeting.
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New Guidance on Group Health Insurance Coverage Informational Reporting

January 4th, 2012 | 1 Comment |
Category: CDHC, COBRA, Cafeteria Plans, Compliance and Regulatory, FSA, Flexible Spending, HRA, HSA, Health Care Reform, Health Reimbursement, Health Savings Account, Health Savings Accounts, IIAS, IRS, PPACA, Section 125 Plans, State Legislation, Taxes

The IRS has issued new guidance to clarify how employers and benefit plan administrators will need to meet Form W2 health benefit cost reporting requirements, including the treatment of FSAs, HRAs, EAPs and wellness programs, and supplemental coverage.

The W2 reporting requirements were created under PPACA and for informational purposes only so that employees are provided with comparable consumer information on the cost of their health care coverage. Notice 2012-9 restates and amends the interim guidance initially provided in Notice 2011-28 and includes the following changes:

  • States that the reporting requirement does not apply to coverage under a health FSA if contributions occur only through employee salary reduction elections (Q&A-19).
  • Clarifies that employers may include the cost of coverage under programs not required to be included under applicable interim relief, such as the cost of coverage under an HRA (Q&A-33).
  • Employers are not required to include the cost of coverage under an employee assistance program, wellness program, or on-site medical clinic in the reportable amount if the employer does not charge a premium with respect to that type of coverage provided under COBRA to a qualifying beneficiary (Q&A-32).
  • Employers do have to include the cost of any supplemental health benefits, such as cancer insurance that they pay for, but they do not have to include the cost of supplemental health benefits that the employees pay for with after-tax dollars (Q&A-38).

The guidance is applicable beginning with 2012 Forms W2 (forms required for the 2012 calendar year that employers are required to give employees by the end of January 2013). In addition, employers may rely on the guidance provided in this notice if they voluntarily choose to report the cost of coverage on 2011 Forms W2, even though this reporting is not required for 2011.

Click here to read Notice 2012-9.

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Jobs Bill Would Cap Employer Exclusion and HSA/HRA Deductions

September 21st, 2011 | No Comments |
Category: CDHC, Compliance and Regulatory, HRA, HSA, Health Reimbursement, Health Savings Account, Health Savings Accounts, Section 125 Plans, Uncategorized

The release of President a Obama’s deficit reduction plan comes just a week after the President submitted to Congress the actual text of his proposed jobs legislation.

NAHU’s greatest concern with S. 1549 , which seems quite unlikely to move forward in its current form, is that, as a pay for, the bill would change the tax treatment of employer-sponsored health insurance. Section 401 of the bill limits the value of all itemized deductions for married couples filing jointly with adjusted gross income of at least $250,000 and single taxpayers with adjusted gross income of at least $200,000 to 28 percent. This would include the cost of employer-sponsored health coverage and deductions for health-spending accounts (HSAs and HRAs). The amount that is reported by the employer for the employee is not excludable by the taxpayer. Republicans have expressed openness to some elements of the jobs proposal but have generally opposed the proposed tax changes and other revenue raisers that President Obama outlined. A number of Democrats also have spoken out against elements of the President’s proposal.

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