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Hawaii Prepaid Health Care Act

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Hawaii Prepaid Health Care (PHC) Act (PHCA) is a state law (Hawaii Revised Statutes Chapter 393) enacted June 12, 1974 in the State of Hawaii to improve health care coverage by employer mandate. The Hawaii Prepaid Health Care Act set a minimum standards of health care benefits for workers. Upon its adoption in 1974, Hawaii became the first U.S. state to require minimum standards of health care benefits by law. Hawaii State Rep. Yoshito Takamine , the longtime chairman of the House Labor Committee, was one of the law's chief architects and proponents.

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42-431: Among other things, Hawaii's law requires employers to offer coverage to employees working at least 20 hours per week for four or more consecutive weeks. In contrast, the federal Patient Protection and Affordable Care Act requires employers to offer coverage to employees working at least 30 hours per week effective Jan. 1, 2014. The two laws also establish different penalties for employers that do not offer coverage. Before

84-471: A majority ) is a number of votes "greater than the number of votes that possibly can be obtained at the same time for any other solution", when voting for multiple alternatives at a time. A qualified majority (also a supermajority ) is a number of votes above a specified percentage (e.g. two-thirds); a relative majority (also a plurality ) is the number of votes obtained that is greater than any other option. Henry Watson Fowler suggested that

126-405: A penalty . The mandate and limits on open enrollment were designed to avoid the insurance death spiral , minimize the free rider problem and prevent the healthcare system from succumbing to adverse selection . The mandate was intended to increase the size and diversity of the insured population, including more young and healthy participants to broaden the risk pool , spreading costs. Among

168-473: A plurality, depending on the rules of the organization holding the vote. In international institutional law, a simple majority (also a plurality ) is the highest number of votes cast (disregarding abstentions) among alternatives. However, in many jurisdictions, a simple majority is a stronger requirement than plurality (yet weaker than absolute majority ) in that more votes than half cast, excluding abstentions, are required. An absolute majority (also

210-618: A promise in the risk corridors program that it has yet to fulfill. Today, the court directs the Government to fulfill that promise. After all, to say to [Moda], 'The joke is on you. You shouldn't have trusted us,' is hardly worthy of our great government." Moda Health's case was appealed by the government to the United States Court of Appeals for the Federal Circuit along with the appeals of the other insurers; here,

252-550: A subsidy. The subsidies for an ACA plan purchased on an exchange stop at 400% of the federal poverty level (FPL). According to the Kaiser Foundation, this results in a sharp "discontinuity of treatment" at 400% FPL, which is sometimes called the "subsidy cliff". After-subsidy premiums for the second lowest cost silver plan (SCLSP) just below the cliff are 9.86% of income in 2019. Subsidies are provided as an advanceable, refundable tax credit . The amount of subsidy

294-431: A waiver, a state must pass legislation setting up an alternative health system that provides insurance at least as comprehensive and as affordable as ACA, covers at least as many residents and does not increase the federal deficit. These states can escape some of ACA's central requirements, including the individual and employer mandates and the provision of an insurance exchange. The state would receive compensation equal to

336-463: Is $ 250,000 for a married couple filing jointly (threshold applies to their total compensation), or $ 125,000 for a married person filing separately. In ACA's companion legislation, the Health Care and Education Reconciliation Act of 2010 , an additional tax of 3.8% was applied to unearned income, specifically the lesser of net investment income and the amount by which adjusted gross income exceeds

378-614: Is a fee-for-service model. The Act allowed the creation of accountable care organizations (ACOs), which are groups of doctors, hospitals and other providers that commit to give coordinated care to Medicare patients. ACOs were allowed to continue using fee-for-service billing. They receive bonus payments from the government for minimizing costs while achieving quality benchmarks that emphasize prevention and mitigation of chronic disease . Missing cost or quality benchmarks subjected them to penalties. Unlike health maintenance organizations , ACO patients are not required to obtain all care from

420-409: Is sufficient to reduce the premium for the second-lowest-cost silver plan (SCLSP) on an exchange to a sliding-scale percentage of income. The percentage is based on the percent of federal poverty level (FPL) for the household, and varies slightly from year to year. In 2019, it ranged from 2.08% of income (100%-133% FPL) to 9.86% of income (300%-400% FPL). The subsidy can be used for any plan available on

462-549: The Center for Medicare and Medicaid Innovation , the Independent Payment Advisory Board , and accountable care organizations . Health care cost/quality initiatives included incentives to reduce hospital infections , adopt electronic medical records , and to coordinate care and prioritize quality over quantity. Medicare switched from fee-for-service to bundled payments . A single payment

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504-565: The Medicare prescription drug benefit . While many insurers initially offered exchange plans, the program did not pay for itself as planned, losing up to $ 8.3 billion for 2014 and 2015. Authorization had to be given so DHHS could pay insurers from "general government revenues". However, the Consolidated Appropriations Act, 2014 (H.R. 3547) stated that no funds "could be used for risk-corridor payments". leaving

546-507: The Patient Protection and Affordable Care Act ( PPACA ) and colloquially as Obamacare , is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010. Together with the Health Care and Education Reconciliation Act of 2010 amendment, it represents the U.S. healthcare system 's most significant regulatory overhaul and expansion of coverage since

588-563: The individual mandate penalty at $ 0 starting in 2019 due to its overall unpopularity and to reduce the federal budget deficit. ACA amended the Public Health Service Act of 1944 and inserted new provisions on affordable care into Title 42 of the United States Code . The individual insurance market was radically overhauled, and many of the law's regulations applied specifically to this market, while

630-495: The poverty line would qualify for coverage in any state that participated in the Medicaid program. Previously, states could set various lower thresholds for certain groups and were not required to cover adults without dependent children. The federal government was to pay 100% of the increased cost in 2014, 2015 and 2016; 95% in 2017, 94% in 2018, 93% in 2019, and 90% in 2020 and all subsequent years. A 5% "income disregard" made

672-561: The ACA and the use of riders to de-obligate its from those payments was illegal. The temporary reinsurance program is meant to stabilize premiums by reducing the incentive for insurers to raise premiums due to concerns about higher-risk enrollees. Reinsurance was based on retrospective costs rather than prospective risk evaluations. Reinsurance was available from 2014 through 2016. Risk adjustment involves transferring funds from plans with lower-risk enrollees to plans with higher-risk enrollees. It

714-515: The ACO. Also, unlike HMOs, ACOs must achieve quality-of-care goals. Medicare Part D participants received a 50% discount on brand name drugs purchased after exhausting their initial coverage and before reaching the catastrophic-coverage threshold . By 2020, the "doughnut hole" would be completely filled. From 2017 onwards, states can apply for a "waiver for state innovation" which allows them to conduct experiments that meet certain criteria. To obtain

756-664: The FPL. Medicaid recipients were not eligible for the reductions. So-called cost-sharing reduction (CSR) subsidies were to be paid to insurance companies to fund the reductions. During 2017, approximately $ 7 billion in CSR subsidies were to be paid, versus $ 34 billion for premium tax credits. The latter was defined as mandatory spending that does not require an annual Congressional appropriation. CSR payments were not explicitly defined as mandatory. This led to litigation and disruption later. ACA implemented multiple approaches to helping mitigate

798-490: The Federal Circuit reversed the Moda Health ruling and ruled across all the cases in favor of the government, that the appropriations riders ceded the government from paying out remain money due to the insurers. The Supreme Court reversed this ruling in the consolidated case, Maine Community Health Options v. United States , reaffirming as with Judge Wheeler that the government had a responsibility to pay those funds under

840-440: The above income limits. ACA included an excise tax of 40% (" Cadillac tax ") on total employer premium spending in excess of specified dollar amounts (initially $ 10,200 for single coverage and $ 27,500 for family coverage ) indexed to inflation. This tax was originally scheduled to take effect in 2018, but was delayed until 2020 by the Consolidated Appropriations Act, 2016 and again to 2022. The excise tax on high-cost health plans

882-695: The aggregate amount of any federal subsidies and tax credits for which its residents and employers would have been eligible under ACA, if they cannot be paid under the state plan. The Community Living Assistance Services and Supports Act (or CLASS Act) established a voluntary and public long-term care insurance option for employees, The program was abolished as impractical without ever having taken effect. Plurality (voting) A plurality vote (in North American English ) or relative majority (in British English ) describes

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924-419: The circumstance when a party , candidate , or proposition polls more votes than any other but does not receive more than half of all votes cast. For example, if from 100 votes that were cast, 45 were for candidate A , 30 were for candidate B and 25 were for candidate C , then candidate A received a plurality of votes but not a majority. In some votes, the winning candidate or proposition may need only

966-486: The deficit, and that the law reduced income inequality by taxing primarily the top 1% to fund roughly $ 600 in benefits on average to families in the bottom 40% of the income distribution. The act largely retained the existing structure of Medicare, Medicaid, and the employer market , but individual markets were radically overhauled. Insurers were made to accept all applicants without charging based on preexisting conditions or demographic status (except age). To combat

1008-583: The disruptions to insurers that came with its many changes. The risk-corridor program was a temporary risk management device. It was intended to encourage reluctant insurers into ACA insurance market from 2014 to 2016. For those years the Department of Health and Human Services (DHHS) would cover some of the losses for insurers whose plans performed worse than they expected. Loss-making insurers would receive payments paid for in part by profit-making insurers. Similar risk corridors had been established for

1050-934: The effective income eligibility limit for Medicaid 138% of the poverty level. However, the Supreme Court ruled in NFIB v. Sebelius that this provision of ACA was coercive, and that states could choose to continue at pre-ACA eligibility levels. Medicare reimbursements were reduced to insurers and drug companies for private Medicare Advantage policies that the Government Accountability Office and Medicare Payment Advisory Commission found to be excessively costly relative to standard Medicare; and to hospitals that failed standards of efficiency and care. Income from self-employment and wages of single individuals in excess of $ 200,000 annually are subjected to an additional tax of 0.9%. The threshold amount

1092-522: The employee's coverage) through their own or a family member's employer. Households below the federal poverty level are not eligible to receive these subsidies. Lawful Residents and some other legally present immigrants whose household income is below 100% FPL and are not otherwise eligible for Medicaid are eligible for subsidies if they meet all other eligibility requirements. Married people must file taxes jointly to receive subsidies. Enrollees must have U.S. citizenship or proof of legal residency to obtain

1134-574: The enactment of Medicare and Medicaid in 1965. Most of the act's provisions are still in effect. The ACA's major provisions came into force in 2014. By 2016, the uninsured share of the population had roughly halved, with estimates ranging from 20 to 24 million additional people covered. The law also enacted a host of delivery system reforms intended to constrain healthcare costs and improve quality. After it went into effect, increases in overall healthcare spending slowed, including premiums for employer-based insurance plans. The increased coverage

1176-489: The exchange, but not catastrophic plans. The subsidy may not exceed the premium for the purchased plan. (In this section, the term "income" refers to modified adjusted gross income . ) Small businesses are eligible for a tax credit provided they enroll in the SHOP Marketplace. a. ^ In 2019, the federal poverty level was $ 25,100 for family of four (outside of Alaska and Hawaii). b. ^ If

1218-557: The federal government responsible for operating their exchanges. Individuals whose household incomes are between 100% and 400% of the federal poverty level (FPL) are eligible to receive federal subsidies for premiums for policies purchased on an ACA exchange, provided they are not eligible for Medicare , Medicaid , the Children's Health Insurance Program , or other forms of public assistance health coverage, and do not have access to affordable coverage (no more than 9.86% of income for

1260-503: The government has subsidized a full-time employee's healthcare through tax deductions or other means. This is commonly known as the employer mandate . This provision was included to encourage employers to continue providing insurance once the exchanges began operating. The act includes delivery system reforms intended to constrain costs and improve quality. These include Medicare payment changes to discourage hospital-acquired conditions and readmissions , bundled payment initiatives,

1302-662: The government in a potential breach of contract with insurers who offered qualified health plans. Several insurers sued the government at the United States Court of Federal Claims to recover the funds believed owed to them under the Risk Corridors program. While several were summarily closed, in the case of Moda Health v the United States , Moda Health won a $ 214-million judgment in February 2017. Federal Claims judge Thomas C. Wheeler stated, "the Government made

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1344-845: The groups who were not subject to the individual mandate are: The Tax Cuts and Jobs Act of 2017 , set to $ 0 the penalty for not complying with the individual mandate, starting in 2019. ACA mandated that health insurance exchanges be provided for each state. The exchanges are regulated, largely online marketplaces, administered by either federal or state governments, where individuals, families and small businesses can purchase private insurance plans. Exchanges first offered insurance for 2014. Some exchanges also provide access to Medicaid. States that set up their own exchanges have some discretion on standards and prices. For example, states approve plans for sale, and thereby influence (through negotiations) prices. They can impose additional coverage requirements—such as abortion. Alternatively, states can make

1386-406: The law's Medicaid expansion, but upheld the law as a whole. The federal health insurance exchange, HealthCare.gov , faced major technical problems at the beginning of its rollout in 2013. Polls initially found that a plurality of Americans opposed the act, although its individual provisions were generally more popular. By 2017, the law had majority support. The Tax Cuts and Jobs Act of 2017 set

1428-520: The passage of the Prepaid Health Care Act, Hawaii had an uninsured rate of 30%. By 2013, Hawaii's uninsured rate of 6.7% was the second-lowest uninsured rate in the nation, trailing only Massachusetts, which had an uninsured rate of 3.7%. This Hawaiʻi -related article is a stub . You can help Misplaced Pages by expanding it . Patient Protection and Affordable Care Act The Affordable Care Act ( ACA ), formally known as

1470-669: The premium for the second lowest cost silver plan (SLCSP) is greater than the amount in this column, the amount of the premium subsidy will be such that it brings the net cost of the SCLSP down to the amount in this column. Otherwise, there will be no subsidy, and the SLCSP premium will (of course) be no more than (usually less than) the amount in this column. Note: The numbers in the table do not apply for Alaska and Hawaii. As written, ACA mandated that insurers reduce copayments and deductibles for ACA exchange enrollees earning less than 250% of

1512-427: The resultant adverse selection , the act mandated that individuals buy insurance (or pay a monetary penalty) and that insurers cover a list of " essential health benefits ". Before and after enactment the ACA faced strong political opposition, calls for repeal and legal challenges . In National Federation of Independent Business v. Sebelius , the Supreme Court ruled that states could choose not to participate in

1554-482: The structure of Medicare, Medicaid, and the employer market were largely retained. Some regulations applied to the employer market, and the law also made delivery system changes that affected most of the health care system. All new individual major medical health insurance policies sold to individuals and families faced new requirements. The requirements took effect on January 1, 2014. They include: The individual mandate required everyone to have insurance or pay

1596-417: Was completely repealed as part of H.R.1865 - Further Consolidated Appropriations Act, 2020. Excise taxes totaling $ 3 billion were levied on importers and manufacturers of prescription drugs. An excise tax of 2.3% on medical devices and a 10% excise tax on indoor tanning services were applied as well. The tax was repealed in late 2019. The State Children's Health Insurance Program (CHIP) enrollment process

1638-400: Was due, roughly equally, to an expansion of Medicaid eligibility and to changes to individual insurance markets. Both received new spending, funded through a combination of new taxes and cuts to Medicare provider rates and Medicare Advantage . Several Congressional Budget Office (CBO) reports said that overall these provisions reduced the budget deficit , that repealing ACA would increase

1680-403: Was intended to encourage insurers to compete based on value and efficiency rather than by attracting healthier enrollees. Of the three risk management programs, only risk adjustment was permanent. Plans with low actuarial risk compensate plans with high actuarial risk. ACA revised and expanded Medicaid eligibility starting in 2014. All U.S. citizens and legal residents with income up to 133% of

1722-435: Was simplified. Beginning September 23, 2010, dependents were permitted to remain on their parents' insurance plan until their 26th birthday, including dependents who no longer lived with their parents, are not a dependent on a parent's tax return, are no longer a student, or are married. Businesses that employ fifty or more people but do not offer health insurance to their full-time employees are assessed additional tax if

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1764-517: Was to be paid to a hospital and a physician group for a defined episode of care (such as a hip replacement ) rather than separate payments to individual service providers. The Medicare Shared Savings Program (MSSP) was established by section 3022 of the Affordable Care Act. It is the program by which an accountable care organization interacts with the federal government, and by which accountable care organizations can be created. It

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