Health Care Reform For Small Business - Professional Employer Organizations (PEOs) To the Rescue

Professional Employer Organizations offer a one-stopThose that do not comply with this are subjected to a
solution for companies averaging 5 to 100 employees.noncompliance penalty of $50 for each missed
They provide HR consulting, employee benefits, payroll,statement to an employee to a maximum of $100,000.
workers comp insurance, and many otherHow PEOs help:
employer-related services. As more regulations arePEOs are often the plan sponsor for all their clients'
created, and managing them becomes more difficulthealthcare, unless they "carve out" benefits, which
for employers, the PEO value proposition becomewould mean they are not the plan sponsor, and the
more attractive.client maintains their own health insurance. Should a
2010client be receiving healthcare through a PEO
· Small business tax credit - This tax credit issponsored plan, each of these mandates falls squarely
applicable for businesses with less than 25 full-timeon the shoulders of the PEO. Notice the trend, due to
employees with an average wage below $50,000. Theco-employment, many of the additional requirements
maximum credit equals 35 percent of the employer'sput forth by health care reform are burdens for the
contribution to health insurance premiums, but it isPEO.
unlikely the maximum credit will be applied. Calculating2014
exactly what an employer qualifies for is an extremely· State-based insurance exchanges open -
sensitive process.State-based insurance exchanges are planned to pool
How PEOs help:employers together into one large group much like
PEOs proactively consider whether their clients qualifyPEOs have done for years in order to reduce overall
for the credit and pass the total amount directly to thepremiums. However the exchange program has been
client. Since most PEOs manage their clients' payrollattempted in other states and has not had the same
and insurance plans, calculating the credit amount issuccess that PEOs have had. As with many public
much easier.programs, cost-efficiency and timely service is inferior
2011to that offered by private entities. We don't foresee
· W-2 provision - Employers must report thethis principle changing.
aggregate cost of employer-provided coverage onHow PEOs help:
employees' W-2s for informational purposes.PEOs have long pooled employers together for
How PEOs help:cooperative purchases of many items including health
PEOs manage all aspects of their clients; payroll andinsurance, the result is lower cost. There is one key
benefits, so complying with this provision iscomponent to a PEO's pool that will make it far
synergistically efficient - the amount will be shown oncheaper and more efficient than a public pool of
all PEO work-site employees' paychecks.employers - choice. PEOs have the ability to select
· Wellness Grants are available for businesses withwhich companies they bring into their pool, and have a
fewer than 100 employees to assist in implementingnatural propensity to decline less healthy groups, or
employee wellness programs. There is $200 millionprovide them with a higher tiered price that reflects
dollars that will be distributed over a five year period.their risk. It is doubtful that the public pool will have the
How PEOs help:choice as to who comes into their pool, much like a
Since many PEOs partially self-insure their healthcommunity-rated health plan, the burden of the sick will
insurance policies, they have always had a vestedbe paid for by the healthy, and just like
interest in proving their clients' employee easy accesscommunity-rated plans, they will be more expensive
to wellness programs. Most PEOs have long offeredoverall. I knew I didn't like public pools!
robust wellness programs that help employees live· Mandated Coverage - Companies with 50 or more
healthier lives, and consequently, make less medicalfull-time workers will be required to either provide
claims - which is cheaper for everyone."qualified" health coverage or pay a $2000 fine for
In 2013each employee.
· FSA limits - all employee contributions to the FSA or· Free rider surcharge coincides with mandated
Flexible Spending Account are limited to $2,500 percoverage and is applicable for businesses with an
year. The penalty for using Flexible Spending Accountsaverage of 50 or more full time employees. There are
incorrectly will be an increase from 10 percent to 20three major components:
percent.1. The plan design is expected to pay at least 60% of
How PEOs help:allowed charges.
PEOs manage all aspects of FSA administration for2. Employee contribution must not exceed 9.8% of
their clients - all FSAs offered to client employees willemployee's household income.
be adjusted seamlessly to comply with this provision.3. Voucher Requirement if employee contribution is
· Tax increases - Medicare payroll tax increase ofmore than 8% and the employee's household income
0.9% on self-employed individuals and employees withis less than or equal 400% of the Federal Poverty
respect to earnings and wages received during theLevel.
year above $200,000 for individuals above $250,000How PEOs help:
for joint filers will go into effect. The new tax does notMost PEO plans have long offered 60% cost sharing
change the employer's tax obligations, butin even their weakest plans. Employee contribution
self-employed individuals are not permitted to deductstrategies are something PEOs consult their clients
any portion of the additional tax. In addition, there will bewith each year to meet company goals while still
a new 3.8% Medicare contribution on certain unearnedcomplying with ERISA. This provision will make things a
income from individuals with AGI over $200,000bit more complicated to deal with, however PEOs will
($250,000 for joint filers).be ready for it, and will consult their clients towards a
How PEOs help:compliant strategy.
Professional Employer Organizations are responsible· Auto enrollment for employers with 200 employees
for deducting and filing all payroll taxes to theor more- This provision states that employers must
appropriate governing body. Unlike a payroll service,automatically enroll new, full-time employees in its
PEOs are often responsible and liable for calculatinghealth plan. Employees may opt out.
and deducting the proper amounts.How PEOs help:
· Notices & FinesMost PEOs utilize internally, and also offer access to a
1. Plan sponsors must supply participants at enrollmentHuman Resources Information System (HRIS) to enjoy
or re-enrollment a new form of plan summary thatthe benefits of technology when managing employees.
must include information on benefits, exclusions, andAutomatically enrolling employees in the cheapest plan
cost-sharing requirements. Those that do not complyavailable is very easily done.
with this provision are subject to a noncompliance feeThe overall theme in this article is simple; it will become
of $1,000 for each failure.more costly, and more difficult for American
2. Employers must provide a written notice regardingemployers to manage around the red tape their
the existence of the Insurance Exchange and that thegovernments create. Professional Employer
employee might qualify for subsidies by March 1, 2013.Organizations have helped thousands of clients
3. Plan sponsors will be required to provide an annualmaintain compliance with today's litany of regulations.
statement to the government and covered individualsDumping more regulations on top only makes their
reflecting the months during the calendar year forsolution for employers more attractive.
which the individual had "minimum essential coverage".