What You Should Know About the Affordable Care Act

How Health Reform Affects You

Affordable Care Act - You can expect significant health insurance changes in the coming years. alexsl/iStockphoto

On March 23, 2010, President Obama signed into law the federal health reform legislation known as the Affordable Care Act. The purpose of the legislation is to assure that almost all Americans have access to affordable health insurance.

The key reforms in the Affordable Care Act were designed to significantly decrease barriers to obtaining health coverage as well as accessing needed health care services.

But the law has been controversial from the beginning, and the bitter partisan divide over health care reform has resulted in a less than optimal implementation of health care reform.

Most of the ACA's provisions took effect in 2014, including the requirement that virtually all Americans maintain health insurance coverage—either through their employer, through a public program such as Medicaid or Medicare, or by purchasing coverage in the individual market, either via the exchange or off-exchange. There is a penalty that is assessed by the IRS when people don't maintain health insurance, but that penalty will be repealed after the end of 2018, under the terms of the Tax Cuts and Jobs Act, which was enacted in December 2017. There is still a penalty for being uninsured in 2018, but there will not be a penalty for people who are uninsured in 2019, unless they're in Massachusetts, or in other states that may establish their own individual mandate penalties.

Highlights of the Affordable Care Act

Bars individual and small group health plans from:

  • Denying coverage because of pre-existing medical conditions.
  • Rescinding coverage except in cases of fraud or intentional misrepresentation.
  • Charging higher premiums because of health issues.
  • Charging older enrollees more than three times as much as younger enrollees.

Requires all non-grandfathered health plans to:

  • Cover preventive care with no cost-sharing.
  • Cap out-of-pocket costs for in-network essential health benefits. HHS sets the upper limits for out-of-pocket costs each year. In 2018, it can't exceed $7,350 for an individual, or $13,700 for a family.
  • Allow young adults to remain on a parent's health plan until age 26.

Requires large employers to:

  • Provide affordable health insurance to their full-time employees, or be subject to potential penalties.

Requires individuals to:

Makes coverage and care more affordable with:

    Changes for Americans with No Health Insurance

    Depending on your income, family size, and state of residence, you may have several coverage options, including financial help (subsidies) if you cannot afford to purchase health insurance. The following are examples of coverage options - the income levels apply to 2018 coverage.

    For Medicaid eligibility, the 2018 Federal Poverty Level numbers are used in 2018, whereas for premium subsidy eligibility, the 2017 FPL numbers are used for 2018 coverage (this is because open enrollment for private plan coverage takes place in the fall, before the start of the year, and before the FPL numbers are updated for the new year).

    Example 1: Eligible for Medicaid in a state that has expanded Medicaid
    Annual income:

    • up to $16,753 for an individual
    • up to $34,638 for a family of four

    Comments:

    • Low-income Americans who are U.S. citizens, as well as many legal immigrants, can enroll in their state's Medicaid program.
    • Your state may impose some minimal level of out-of-pocket expenses, such as a copayment of $1 to $5 for a doctor's visit or for selected services. Some states also impose nominal premiums for Medicaid enrollees with income above the poverty level (the ACA allows for Medicaid expansion up to 138 percent of the poverty level).
    • In states that have not expanded Medicaid, able-bodied, childless adults are typically ineligible for Medicaid regardless of how low their income is, and eligibility for parents of minor children tend to be limited to those with extremely low incomes—far below the poverty level.

    Example 2: Eligible to buy a subsidized health plan through a state-based health insurance exchange (started in 2014)
    Annual income:

    • up to $48,240 for an individual
    • up to $98,400 for a family of four

    Comments:

    • Health plans that participate in an exchange must offer a package of essential health benefits and cover at least 60% of health care expenses (catastrophic plans can cover a lower percentage of average expenses, but subsidies cannot be used to purchase catastrophic plans).
    • If you buy your health insurance through an exchange and qualify for premium subsidies, your share of the premium (for the second-lowest-cost silver plan in your area) won't exceed a certain percent of your income—ranging from 2.01 percent to 9.56 percent in 2018—depending on how much you earn. You're not required to buy the second-lowest-cost silver plan though. You can choose to buy a more or less expensive plan, and apply the subsidy to that plan instead. If you buy a cheaper plan, you'll pay an even lower percentage of your income in after-subsidy premiums, and if you buy a more expensive plan, you'll pay a higher percentage of your income in after-subsidy premiums.

    Example 3: Required to buy private coverage but without financial assistance
    Annual income:

    • $48,241 and above for an individual
    • $98,401 and above for a family of four

    Comments:

    Changes for Americans with Health Insurance

    Depending on the type of health insurance you already had, you may or may not have experienced changes as a result of the ACA. .

    If your source of health coverage was already an employer plan, these are some of your options:

    Stay in your employer plan: If your employer continues to offer health insurance, you can keep it.

    Shop for a health plan through the health insurance exchange in your state: If you own a small business, or your employer offers only minimal benefits, or you must pay more than 9.56% of your income in premiums (in 2018), you can look for better options in the exchange.

    If your source of health insurance is an individual policy that you purchased for yourself and/or your family prior to 2014 these are your options:

    Keep your current plan: If your health plan continues to offer the same coverage, you can renew it. However, new health insurance policies must comply with federal minimum coverage standards; older health plans that don't meet these standards cannot enroll new customers. Grandfathered plans (in force by March 23, 2010) can remain in existence indefinitely, as long as the insurer continues to renew them—which they are not required to do. Grandmothered plans (effective dates after March 23, 2010, but before the end of 2013) are allowed to remain in force through the end of 2018.

    Shop for coverage through the insurance exchange in your state: If your income doesn't exceed 400 percent of the poverty level ($48,240 for a single individual in 2018), you may qualify for federal tax credits to help offset the cost of your premium. Note that you can only purchase individual major medical coverage (on or off the exchange) during the annual open enrollment period, or during a special enrollment period triggered by a qualifying event.

    If you are on Medicare, your options may not have changed significantly, but your drug-related costs have decreased if you need enough medication ​that you reach the donut hole, and your access to services may have improved:

    Your basic (or guaranteed) benefits and eligibility have not changed: The ACA did not change the eligibility rules for Medicare.

    Medicare Advantage: Federal subsidies for Medicare Advantage plans have been reduced, which initially resulted in speculation that the plans would become less robust and lose enrollees. But Medicare Advantage enrollment has continued to increase in the years since the ACA was signed into law, and the plans are more popular than ever, with a third of all Medicare beneficiaries enrolled in Medicare Advantage plans in 2017.

    Access to services: Medicare now covers annual wellness visits, thanks to the ACA's preventive care benefit mandates.

    Prescription drug coverage: The prescription drug coverage gap (Medicare Part D doughnut hole) is slowly being phased out, and will be eliminated by 2020.

    Sources:

    Federal Register. Department of Health and Human Services. Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2018; Amendments to Special Enrollment Periods and the Consumer Operated and Oriented Plan Program. December 22, 2016.

    HealthCare.gov Read the Affordable Care Act.

    Internal Revenue Service, Revenue Procedure 2017-36.

    Kaiser Family Foundation, Medicaid Income Eligibility Limits for Adults as a Percent of the Federal Poverty Level. January 2017.

    Kaiser Family Foundation. Medicare Advantage. May 11, 2016.