Obamacare latest: employer can force you to buy their insurance due to law

nickqt

Diamond Member
Jan 15, 2015
7,596
7,850
136
"If you offer an employee minimum essential coverage that provides minimum value and is affordable, you need not provide an opt out," says Seth Perretta, a partner at Groom Law Group, a Washington, D.C., firm specializing in employee benefits.

If a plan doesn't meet those standards, however, employees must be given the opportunity to decline those company plans, under the health law. They can shop for coverage on the health insurance marketplaces and may qualify for premium tax credits if their income is between 100 and 400 percent of the federal poverty level.

Those premium subsidies aren't available to workers whose employer offers good coverage that meets the law's standards.

Not that many employers are expected to strong arm their workers into buying health insurance. Those that do may be confused about their responsibilities under the health law, mistakenly believing that in order to avoid penalties they have to enroll their workers in coverage.

"That is just dead wrong," says Timothy Jost, a law professor at Washington and Lee University who's an expert on the health law.

"Nothing in the Affordable Care Act directs employers to make their coverage mandatory for employees," says a Treasury Department spokesperson. The law requires large employers "to either offer coverage or pay a fee if their full-time workers access tax credits to get coverage on their own in the marketplace."
So, nope.

More Agenda21 agents are comin' to take your guns boogie-boogie.
 

Black Octagon

Golden Member
Dec 10, 2012
1,410
2
81
That insurance does have to satisfy minimum criteria of quality and affordability, however...if it doesn't, you can opt out and shop for your own health insurance on the market.

I'm not 100% sure, but I'm fairly confident that in Belgium (where I live) there is no choice whatsoever. The employer's health insurance is an offering/feature of the employment contract and something to be evaluated before accepting a job. Since the policies I've received during my years of work here have all been high quality and affordable, I really can't relate to your apparent yearning for "freedom to choose" my own policy.

Then again, the USA is a special case when it comes to health insurance.
 

BoomerD

No Lifer
Feb 26, 2006
63,390
11,742
136
I worked for nearly 40 years, mostly in construction. In all that time, the ONLY choices I had when the company/union had health insurance was "PPO or Kaiser Permanente HMO." There was no other option of any kind. I suppose I COULD have just refused their insurance (generally provided to me at no cost for myself, and (at the time) a fairly modest fee for my family) but that would have been stupid.
 

Londo_Jowo

Lifer
Jan 31, 2010
17,303
158
106
londojowo.hypermart.net
When the ACA went into effect we received a letter stating due to our medical coverage (self insured employer) exceeding the ACA we were not to use the exchanges. If a person chose to opt our and use the exchanges there would be no company contribution.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
So, nope.

More Agenda21 agents are comin' to take your guns boogie-boogie.
Man, are you actually trying to fail? You literally quoted a section that proved his point.
"If you offer an employee minimum essential coverage that provides minimum value and is affordable, you need not provide an opt out," says Seth Perretta, a partner at Groom Law Group, a Washington, D.C., firm specializing in employee benefits.​

I worked for nearly 40 years, mostly in construction. In all that time, the ONLY choices I had when the company/union had health insurance was "PPO or Kaiser Permanente HMO." There was no other option of any kind. I suppose I COULD have just refused their insurance (generally provided to me at no cost for myself, and (at the time) a fairly modest fee for my family) but that would have been stupid.
Odd, I've never held a job where I didn't have the option to take or not take the employer insurance. Was that a union requirement?

Roughly half our office now did not have our health insurance before Obamacare, since their spouses had much better government insurance. Now we're at about three-quarters, since one side effect of the ACA is insurers not carrying spouses if the spouse has access to employer-provided health insurance.
 

tracerbullet

Golden Member
Feb 22, 2001
1,661
19
81
"minimum essential coverage that provides minimum value and is affordable"

So that's the root question right there. Define that and it'll answer if it's a problem or not.

Anyone have that definition?
 
Oct 16, 1999
10,490
4
0
You can still get insurance if you forgo what your employer offers, you just can't get it from the exchange and qualify for a subsidy. Which is... outrageous? That's exactly how it was before [angry face]Obamacare[/angry face].
 

glenn1

Lifer
Sep 6, 2000
25,383
1,013
126
You can still get insurance if you forgo what your employer offers, you just can't get it from the exchange and qualify for a subsidy. Which is... outrageous? That's exactly how it was before [angry face]Obamacare[/angry face].

Let's say you have a family of four with both parents working at employers who offer subsidized health insurance as a benefit. That's a pretty common scenario I think. To ensure everyone including children, they would likely want to do this by one parent choosing to elect for a family plan through their employer and the other parent opting out of theirs. In post-Obamacare world, now that same family may need to not only buy the family plan, but be forced by the employer of the second parent to purchase (completely redundant) single-person coverage that meets the standard of "minimum essential coverage that provides minimum value and is affordable." Or worse, both could be required to buy their own single coverage policies and they'd still need to buy separate insurance for their kids, and BTW you won't be able to use the exchange or get any subsidies.

Just another example of how Obamacare, a monumentally badly written and conceived law, fucks over the very people the politicians who wrote it claim to want to help. "Great news low income person, you're being required to buy a second insurance policy you don't need, but some wealthy person in another state no longer has to pay more than a 3/1 ratio for coverage over what you'll pay for your kids (out of pocket)."
 

Sonikku

Lifer
Jun 23, 2005
15,752
4,562
136
Getting so healthcare is rammed down our throats with no choice or freedom just like in Germany. Bastards.
 

Adams200

Member
Feb 28, 2015
32
0
0
The government created the problem. What's more - the government increased that problem, by making health insurance a state-limited employer provided benefit, rather than a free market product.
 

IronWing

No Lifer
Jul 20, 2001
69,525
27,829
136
The government created the problem. What's more - the government increased that problem, by making health insurance a state-limited employer provided benefit, rather than a free market product.
When we elect politicians hell bent on breaking government, we get broken government. The system is working.
 

tracerbullet

Golden Member
Feb 22, 2001
1,661
19
81
Let's say you have a family of four with both parents working at employers who offer subsidized health insurance as a benefit. That's a pretty common scenario I think.

Agreed

In post-Obamacare world, now that same family may need to not only buy the family plan, but be forced by the employer of the second parent to purchase (completely redundant) single-person coverage that meets the standard of "minimum essential coverage that provides minimum value and is affordable."

Are there any examples of where this has happened, or anywhere in the law that says an employer can provide a family plan but not an employee only plan? I see "may" as a key word here. Is it fact or fiction?

Or worse, both could be required to buy their own single coverage policies and they'd still need to buy separate insurance for their kids

I want to say that employee and employee + dependents (kids not spouses) are coverage options that need to be provided or the employers get fined. I don't know this for fact.

BTW you won't be able to use the exchange or get any subsidies.

Once you've gone to 9.5% of the household income I do believe you qualify. If you don't it's because the insurance you bought was incredibly cheap. *IF* that's the case this ins't a problem. Again I can't say fact or not, hav en't looked into it thoroughly but I believe this is how it works.
 

thraashman

Lifer
Apr 10, 2000
11,084
1,505
126
Wait, so you can't opt out if say you go with health insurance through a spouse? That's going to hurt recruitment for those companies. Sounds like they're making a bad choice. But as Republicans like to say, "Well then you can just work for a different company."
 
Oct 16, 1999
10,490
4
0
Let's say you have a family of four with both parents working at employers who offer subsidized health insurance as a benefit. That's a pretty common scenario I think. To ensure everyone including children, they would likely want to do this by one parent choosing to elect for a family plan through their employer and the other parent opting out of theirs. In post-Obamacare world, now that same family may need to not only buy the family plan, but be forced by the employer of the second parent to purchase (completely redundant) single-person coverage that meets the standard of "minimum essential coverage that provides minimum value and is affordable." Or worse, both could be required to buy their own single coverage policies and they'd still need to buy separate insurance for their kids, and BTW you won't be able to use the exchange or get any subsidies.

Just another example of how Obamacare, a monumentally badly written and conceived law, fucks over the very people the politicians who wrote it claim to want to help. "Great news low income person, you're being required to buy a second insurance policy you don't need, but some wealthy person in another state no longer has to pay more than a 3/1 ratio for coverage over what you'll pay for your kids (out of pocket)."

Your example hinges on not being able to opt out of paying for redundant/inadequate through your employer. That's an issue with your employer, "Obamacare" isn't keeping you from doing that.

What exactly are you arguing? That "Obamacare" didn't entirely fix problems that existed prior to it? I agree. That everyone should have access to the exchange/subsidy regardless of anything else? I agree.
 

nickqt

Diamond Member
Jan 15, 2015
7,596
7,850
136
Man, are you actually trying to fail? You literally quoted a section that proved his point.
"If you offer an employee minimum essential coverage that provides minimum value and is affordable, you need not provide an opt out," says Seth Perretta, a partner at Groom Law Group, a Washington, D.C., firm specializing in employee benefits.​


Odd, I've never held a job where I didn't have the option to take or not take the employer insurance. Was that a union requirement?

Roughly half our office now did not have our health insurance before Obamacare, since their spouses had much better government insurance. Now we're at about three-quarters, since one side effect of the ACA is insurers not carrying spouses if the spouse has access to employer-provided health insurance.

Nice conservative tactic. Read the half that doesn't pop the bubble reality you live in. Ignore the rest.

Random guy says one thing. Treasury official says another.

Man, are you actually trying to fail?
 

dullard

Elite Member
May 21, 2001
25,214
3,627
126
Man, are you actually trying to fail? You literally quoted a section that proved his point.
So you want to take away employer choice? Right now the law lets the employer choose to make it mandatory (assuming it is affordable and adequate coverage). But you want to take that choice away from businesses? Why are you anti-business?

Should we now pass a law to force businesses to make it optional?
 

inachu

Platinum Member
Aug 22, 2014
2,387
2
41
Just claim your religion is based on self reliance and you do not dance with the beast which is the US GOVT.

Those religion that are exempt from ACA are: Scientology, Amish, Watch Tower, Christian Scientists(the famous christians science monitor geek tabloid people) Might be a couple more like a few American Indian tribes.

I could be wrong about the American Indian Tribes.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
Companies are not required to do it by the law.
So if you employer chooses to do it, find another job.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
BTW, read the details.
That means the employee contribution is no more than 9.5 percent of the federal poverty guideline and the plan pays for at least 60 percent of covered medical expenses, on average.
Premium is capped at 9.5% of federal poverty level, which is about $90 per month.
To pay for qualifying plan, employer would have to spend hundreds of dollars a month on top of that. So if you don't want their plan, pretty much every employer will be happy about it.
 

brycejones

Lifer
Oct 18, 2005
26,689
25,000
136
I believe nearly everybody wants a Single Payer system. It can't happen fast enough.

Nope, that's communism!

Or at least that seems to be the most common refrain the conservative side of the aisle when single payer is mentioned.
 

Pens1566

Lifer
Oct 11, 2005
11,843
8,432
136
snip ...

Roughly half our office now did not have our health insurance before Obamacare, since their spouses had much better government insurance. Now we're at about three-quarters, since one side effect of the ACA is insurers not carrying spouses if the spouse has access to employer-provided health insurance.

The above was present before ACA.
 
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