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ACA: Where Do We Stand?

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by Jason Cogdill on 15 August, 2017 with Add new comment

We continue to monitor developments surrounding the Affordable Care Act ("ACA") in order to inform you of changes relevant to your organization. As you likely know, thus far in 2017 Congress has failed in its attempts to repeal or modify the ACA. As a result, the ACA remains the law of the land, and employers should continue to follow all applicable ACA provisions until further action by Congress. We recently hosted a webinar with a short overview of the status of the ACA and benefits compliance generally. You may access a recording of that session here if helpful to you.

A quick update on tax-advantaged plans that we administer for employers that would be affected by potential ACA repeal:

  • The Health FSA maximum remains in place. It is expected to be $2,650 for plan years beginning in 2018, but has not yet been formally announced;
  • Over-the-counter drugs remain ineligible for reimbursement from FSAs, HRAs, and HSAs;
  • The age 26 rule for tax-free coverage of dependent children remains in place and is not expected to change even if the ACA is repealed or modified; and
  • In order to sponsor an HRA or Health FSA, employers must have a group health insurance plan. The only exception is the new small employer HRA option (details available upon request).

Will Congress attempt to revisit the ACA when they return to session in September? I doubt it. It is likely that they will move on from the summer disaster and focus on a topic more likely of success. Tax reform is the probable next step. Certainly Congress can revisit health care at any point, and we will continue to monitor developments.

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Jason Cogdill

Jason Cogdill

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