Last week, the Department of Health and Human Services (“HHS”) and Internal Revenue Service (“IRS”) released a minimum value calculator to determine whether the percentage of the total allowed costs of benefits provided under a group health plan is at least 60% – a requirement in order for the employer plan to be treated as offering minimum essential coverage. If the employer’s plan meets the minimum value test and is affordable (i.e., single coverage does not cost an employee more than 9.5% of income) a fulltime employee cannot obtain subsidized Exchange coverage. An employee who does obtain subsidized Exchange coverage does not trigger employer penalties (see our prior post on this topic). 

The calculator was released “for informal external testing” in conjunction with HHS’ release of final regulations on the standards related to essential health benefits, actuarial value, and accreditation under the 2010 health care reform law. HHS also provided an explanation of the calculator methodology which, among other things, makes clear that the calculator is based on a standard population and data reflecting typical self-insured employee plans.   

As an alternative to the calculator and checklists, an employer may engage an actuary who is a member of the American Academy of Actuaries to determine, using generally accepted actuarial principles and methodologies, whether the plan meets the 60% minimum value threshold.

In addition, IRS said in previous guidance that it would release checklists employers may use as safe harbor methods for determining whether a plan meets the minimum value test. Those checklists have not yet been released but may be crucial for employers with plans that have nonstandard features and for which an actuarial determination is impractical.   

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Photo of Monique Warren Monique Warren

Monique Warren is a Principal in the White Plains, New York office of Jackson Lewis P.C. Ms. Warren is a member of the Employee Benefits Counseling, Executive Compensation, Benefits Litigation and Workplace Privacy Practice Group.

Ms. Warren counsels employers on employee benefits compliance…

Monique Warren is a Principal in the White Plains, New York office of Jackson Lewis P.C. Ms. Warren is a member of the Employee Benefits Counseling, Executive Compensation, Benefits Litigation and Workplace Privacy Practice Group.

Ms. Warren counsels employers on employee benefits compliance and administrative matters, drafts plan documents and employee communication materials, and represents employers to government agencies and in employee benefit litigation. Her expertise includes health and welfare plans as well as retirement plans.

Ms. Warren has spoken at numerous client and professional association events including SHRM and WEB meetings. She also has presented numerous seminars on employee benefits compliance topics including benefits basics for human resource professionals, HIPAA privacy and security, 409A requirements, and annual legal updates.

Prior to joining the firm in 2006, Ms. Warren was a member of the employee benefits group of a large Chicago law firm and later maintained her own practice in Illinois, representing employers in employee benefits, employment and employment-related immigration matters. While attending law school, she was an intern in the tax clinic at Loyola University Chicago School of Law and was a judicial extern for the Honorable Blanche Manning, Federal District Court, Northern District of Illinois. As a law student, she received academic honors and was a member of the moot court employment law team.

During the ten years prior to attending law school, Ms. Warren directed human resource functions in manufacturing and research enterprises. She was certified as a Senior Human Resource Professional by SHRM in 1996.