4. The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 added
section 223 to the IRC, effective January 1, 2004, to permit eligible individuals to
establish HSAs to help employees pay for medical expenses
5. Employers offer HSAs along with a high deductible insurance policy, established for
employees. High-deductible health insurance plans require substantial deductibles and
low out-of-pocket maximums
6. HSAs offer four main advantages to employees relative to FSAs and HRAs:
a. First, HSAs are portable, which means that the employee owns the account balance
after the employment relationship ends
b. Second, HSAs are subject to inflation-adjusted funding limits
c. Third, employees may receive medical services from doctors, hospitals, and other
health care providers of their choice, and they may choose the type of medical
services they purchase, including such items as long-term care, eye care, and
prescription drugs
d. Fourth, HSA assets must be held in trust and cannot be subject to forfeiture. That is,
any unspent balances in the HSA can be rolled over annually and accumulate tax-free
until the participant’s death. FSAs and HRAs have no legal vesting requirement,
which means employees do not possess the right to claim unused balances when they
terminate employment
IV. Additional Health Care Legislation
A. Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
1. Enacted to provide employees with the opportunity to continue receiving their
employer-sponsored medical care insurance temporarily under their employer’s plan if
their coverage otherwise would cease because of termination, layoff, or other change in
employment status
2. Individuals may continue coverage for up to 18 months
3. Companies are permitted to charge a premium for continuation coverage of up to 102
percent of the cost of the coverage to the plan
B. Health Insurance Portability and Accountability Act of 1996 (HIPAA)
1. Contains three provisions
a. Guarantee that employees and their dependents that leave their employer’s group
health plan will have ready access to coverage under a subsequent employer’s health
plan, regardless of their health or claims experience
b. Limits on preexisting conditions, however, under the PPACA preexisting condition
clauses are eliminated
c. Protects the transfer, disclosure, and use of health care information
V. The Benefits and Costs of Legally Required Benefits
A. Benefits tend to emphasize social adequacy—benefits are designed to provide subsistence
income to all beneficiaries regardless of their performance in the workplace
B. Legally required benefits may be a hindrance to companies in the short term because these
offerings require substantial employee expenditures (e.g., contributions mandated by the SSA
and various state workers’ compensation laws)
C. HR managers and other business professionals minimize the cost burden associated with
legally required benefits:
1. Reducing the likelihood of workers’ compensation claims
a. Implementation of workplace safety programs is one strategy for reducing workers’
compensation claims
b. Health promotion programs that include inspections of the workplace to identify
health risks (e.g., high levels of exposure to toxic substances), and then to eliminate
of those risks