Cape Employers Catch A Break, But Proposed Health Plan Regs Leave Many Advocates Cold

Six weeks ago, Cape Cod business people were invited to a hearing headed by Amy M. Lischko, director of health care policy for the Executive Office of Health and Human Services.

The idea was to obtain input from the business community as to how best to implement the new health insurance plan just passed by the state legislature.

Although attendance was small at the Cape Cod Community College hearing, it's obvious that Ms. Lischko and her aides not only heard what these people (and others at similar hearings) had to say…they also listened.

When details of the plan were released nine days later, they met with general approval from the business community, but disapproval from health care advocates.

Fortunately for the latter, what they deem the devilish details are not yet etched in stone. Two additional hearings are scheduled this month before final implementation in September.

One provision of major interest to Cape employers specifies that they will not be penalized the $295 per employee annual fee for failing to provide health care coverage for seasonal or part-time workers. This was an issue raised by several employers at the Community College hearing.

According to the Division of Health Care Policy, "Companies with 11 or more full-time equivalent employees will be deemed to meet the 'fair and reasonable' premium contribution test if at least 25 percent of their full-time employees are enrolled in that business's group health plan."

(Employees with their own public or private insurance or piggy-backing with a spouse's plan can't be counted in the 25 percent.)

In addition, "A business [with 10 or more employees] that does not meet the 25-percent threshold may also be deemed to offer a 'fair and reasonable' premium contribution if the business contributes at least 33 percent of an individual's health insurance premium."

The proposed regulations also defined the "free-rider" surcharge on companies whose employees and their dependents made excess demands on the state's "free-care pool" to cover uncompensated treatment. The trigger is five or more claims totaling more than $50,000 per company per year. Surcharges will range from 10 to 100 percent of state costs, consideration being the size of the company, frequency of claims and percentage of workers enrolled in their employer-sponsored health plans.

The third regulation involves employer notification to the state regarding the insurance status of their workers. Employees who decline company coverage, and who have no alternative insurance, must sign a form accepting responsibility for their medical care.

Health care advocates have faulted the proposed regulations on several counts.