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CC - Item 3D - Health Benefit Cost Savings Option• E M S Q, O *ITT~ a ~ORnoruTeo tas ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COU CI FROM: ANDREW C. LAZZARETTO, CITY MANAG DATE: SEPTEMBER 26, 2006 SUBJECT: HEALTH BENEFIT COST SAVINGS OPTION SUMMARY The City currently pays the entire cost of any health insurance plan selected by full-time employees, and also pays the entire cost of Kaiser HMO health insurance coverage for permanent part-time employees. According to the Kaiser Family Foundation (Attachment B), health insurance premiums increased an average of around 12.2% per year between 2000 and 2005. This independent study is reflective of the City's experience with escalating health care costs. In fact, three of the four health insurance programs offered by the City will experience cost increases of between 12.5% to 13.8%, effective January 2007 (Attachment C). In an effort to control health care costs while continuing to provide employees with health insurance benefits, the City can establish an optional health benefit cost savings program for employees. Under this program, employees can choose to take no action and continue to receive the current health insurance benefit offered by the City. However, if an employee could demonstrate health insurance coverage through another source, that individual could then elect to take a fixed dollar amount in place of the health insurance benefit cost. Staff Recommendation Staff recommends that the City Council approve Resolution No. 2006-16 (Attachment A) establishing a health care benefit cost savings option. ANALYSIS Optional Program The proposed health benefit cost savings program has been structured to be an optional employee benefit for those individuals who can show proof of health insurance coverage through another source. APPROVED FOR CITY COUNCIL AGENDA: I~ i • City Council Meeting September 26, 2006 Page 2 of 5 It is important to note that under this plan, those employees who elect to continue receiving their current health benefits would not see any change to their coverage. However, by allowing eligible employees to enroll in the proposed health benefit cost savings program, the City can realize significant cost savings. Increasing Health Care Premiums Currently, the City offers full-time employees the option of enrolling in one of the following four different health insurance programs (permanent part-time employees are automatically enrolled in Kaiser): ■ PERSCare ■ Blue Shield ■ Kaiser ■ PERS Choice For each of the four different programs, employees are eligible to enroll in the "Single" option (health coverage for just the employee), the "Employee + 1" option (health care coverage for the employee plus one dependent), or the "Employee + 2 or more" option (health care coverage for the employee plus two or more dependents). Regardless of the plan selected by the employee, the City pays the entire cost of health insurance premium. In 2006, monthly premiums for each of the plans were as follows: 2006 Health Plan Premium R ates Monthly Monthly Monthly Health Plan Premium - Premium - Premium - Single Employee + 1 Employee + 2 or more PERSCare $ 633.27 $ 1,266.54 $ 1,646.50 Blue Shield $ 312.98 $ 625.96 $ 813.75 Kaiser $ 306.54 $ 613.08 $ 797.00 PERS Choice $ 376.55 $ 753.10 $ 979.03 Recently, the City was notified by CalPERS of the monthly 2007 Health Plan Premium Rates. Those rates, and the percentage increase over 2006 rates, include the following: • • City Council Meeting September 26, 2006 Page 3of5 200 7 Health Plan Premium Rates Monthly % Monthly % Monthly % Health Plan Premium - Increase Premium - Increase Premium - Increase Single Over Employee + 1 Over Employee + Over 2006 2006 2 or more 2006 PERSCare $ 716.17 13.1% $ 1,432.34 13.1% $ 1,862.04 13.1 ° . Blue Shield $ 356.17 13.8% $ 712.34 13.8% $ 926.04 13.8% Kaiser $ 329.14 7.4% - $ 658.28 7.4% $ 855.76 7.4% PERS Choice $ 423.63 12.5% $ 847.26 12.5% $ 1,101.44 12.5% The proposed health benefit cost savings program allows the City a risk-free opportunity to reduce the cost of its health care premium liability. This is accomplished by offering employees the opportunity to take an amount less than the City is currently paying each month for health insurance as cash or as deferred compensation. Also, the Attorney General of the State of California has ruled that City Council Members may also participate in such a program by taking the value of health insurance benefits as deferred compensation (Attachment D). In practice, this program has been structured such that those electing to enroll in the health benefit cost savings option would be given a monthly cash disbursement amount of less than the current amount the City pays for their health care premium. Individual employees could then choose to use those funds for either of the following options: ■ Purchase additional insurance ■ Allocate those dollars to a deferred compensation account ■ Take the disbursement as cash In order to make this option attractive for employees while still providing the City with significant cost savings, the disbursement amounts for those who elect to enroll in the program are recommended to be in the following amounts: Cost Savin s Program Monthly Monthly Monthly Health Plan Disbursement Disbursement Disbursement - Single - Employee + - Employee + 1 2 or more PERSCare $ 500.00 $ 1,100.00 $ 1,500.00 Blue Shield $ 250.00 $ 500.00 $ 750.00 Kaiser $ 250.00 $ 500.00 $ 750.00 PERS Choice $ 250.00 $ 500.00 $ 750.00 • • City Council Meeting September 26, 2006 Page 4 of 5 Potential Cost Savings By enacting this program, the City could potentially save around $16,525 through the end of 2006. Furthermore, based on our 2007 health insurance premiums, the City could save around $131,841 in 2007 if this program is enacted. Should the City Council decide to enact the proposed plan, the City would experience the following annual cost savings for each employee who opted to participate in the program: 2006 Annual Savin s Per Part ici pant Health Plan Single Employee + 1 Employee + 2 or more PERSCare $ 1599.24 $ 1998.48 $ 1758.00 Blue Shield $ 755.76 $ 1511.52 $ 765.00 Kaiser $ 678.48 $ 1356.96 $ 564.00 PERS Choice $ 1518.60 $ 3037.20 $ 2748.36 In addition, the City's annual cost savings per employee in 2007 would include the following: 2007 Annual Savin s Per Part ici pant Health Plan Single Employee + 1 Employee + 2 or more PERSCare $ 2594.04 $ 3988.08 $ 4344.48 Blue Shield $ 1274.04 $ 2548.08 $ 2112.48 Kaiser $ 949.68 $ 1899.36 $ 1269.12 PERS Choice $ 2083.56 $ 4167.12 $ 4217.28 Benefits For Both The City And The Employee This program has been structured in a way that provides benefits for both the City and our employees. From the City's perspective, those employees that are able to prove that they have health insurance through another source and who opt to participate in the program will enable the City to decrease its health insurance liability. This will enable the City to maintain its commitment to ensuring that all employees have access to health care coverage while also allowing the City to save money. From the employee perspective, individuals who have health coverage through another source will be able to receive a disbursement of funds that can be put to a better use. 9 CJ City Council Meeting September 26, 2006 Page 5 of 5 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. LEGAL REVIEW This staff report and the attached resolution have been reviewed and approved by the City Attorney. Submitted by: Oliver Chi Director of Administrative Services Attachment A: Resolution 2006-16 Attachment B: Kaiser Family Foundation Report Attachment C: 2007 Health Plan Premium Rate Increase Attachment D: Attorney General Opinion 05-910 • • ATTACHMENT A RESOLUTION NO. 2006-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING A HEALTH CARE BENEFIT COST SAVINGS OPTION FOR CITY EMPLOYEES. WHEREAS, the City currently pays the entire cost of any health insurance program selected by City Council Members and full-time employees; and WHEREAS, the City currently pays for the entire cost of Kaiser HMO health insurance coverage for all permanent part-time employees; and WHEREAS, the City is committed to ensuring that all employees have some type of health insurance coverage; and WHEREAS, according to the Kaiser Family Foundation health insurance premiums rose 73% between 2000-2005; and WHEREAS, the City continues to explore ways to control health care costs while providing employees with health insurance benefits; and WHEREAS, municipalities have the option of offering employees an optional health care program that will assist with controlling health insurance premium costs; and WHEREAS, such a plan can be structured such that participating employees are offered a flat monthly disbursement amount in place of the City purchasing health insurance on their behalf; and WHEREAS, employees who can prove that they have health insurance coverage through another source are eligible to take a health and welfare benefit as deferred compensation or salary; and WHEREAS, the Attorney General of the State of California has ruled in Opinion 05-910 that City Council Members may also redirect the value of health insurance benefits to a deferred compensation plan; and WHEREAS, by offering employees the opportunity to enroll in an optional health benefit which offers a monthly contribution that is less than the current cost of providing health insurance coverage is a risk-free way for the City to reduce its health care premium liability. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: • • SECTION 1. A health care savings plan for the purpose of providing employees with health benefit options shall be offered to all full-time employees, part-time employees, and City Council Members, effective October 1, 2006. Initially, said individuals will have between October 1, 2006 and October 31, 2006 to opt into the program. Thereafter, any full-time employee, part-time employee, and Council Member may enroll in the program either during their initial appointment or during the City's normal open enrollment period. SECTION 2. To be eligible for the program, participating employees must demonstrate evidence that they have health insurance coverage through another source. SECTION 3. The monthly amount offered to City Council Members who enroll in this option can be taken as deferred compensation and shall be established as follows: A. PERSCare health insurance coverage costs the City the following amounts per month: ■ Single - $633.27 / month ■ Employee + 1 - $1,266.54 / month ■ Employee + 2 or more - $1,646.50 / month For those City Council Members who are currently enrolled in a PERSCare plan, the monthly cafeteria amount offered shall be: ■ Single - $500 / month ■ Employee + 1 - $1,100 / month ■ Employee + 2 or more - $1,500 / month B. Blue Shield health insurance coverage costs the City the following amounts per month: ■ Single - $312.98 / month ■ Employee + 1 - $625.96 / month ■ Employee + 2 or more - $813.75 / month For those City Council Members who are currently enrolled in a Blue Shield plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month 0 0 C. Kaiser Permanente health insurance coverage costs the City the following amounts per month: ■ Single - $306.54 / month • Employee + 1 - $613.08 / month ■ Employee + 2 or more - $797 / month For those City Council Members who are currently enrolled in a Kaiser Permanente plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month D. PERSChoice health insurance coverage costs the City the following amounts per month: ■ Single - $376.55 / month ■ Employee + 1 - $753.10 / month ■ Employee + 2 or more - $979.03 / month For those City Council Members who are currently enrolled in a PERSChoice plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month SECTION 4. The monthly amount offered to full-time employees who enroll in this option can be taken as deferred compensation or as salary and shall be established as follows: A. PERSCare health insurance coverage costs the City the following amounts per month: ■ Single - $633.27 / month ■ Employee + 1 - $1,266.54 / month ■ Employee + 2 or more - $1,646.50 / month For those full-time employees who are currently enrolled in a PERSCare plan, the monthly cafeteria amount offered shall be: • Single - $500 / month ■ Employee + 1 -$1,100/ month ■ Employee + 2 or more - $1,500 / month 0 • B. Blue Shield health insurance coverage costs the City the following amounts per month: • Single - $312.98 / month • Employee + 1 - $625.96 / month • Employee + 2 or more - $813.75 / month For those full-time employees who are currently enrolled in a Blue Shield plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month C. Kaiser Permanente health insurance coverage costs the City the following amounts per month: ■ Single - $306.54 / month ■ Employee + 1 - $613.08 / month ■ Employee + 2 or more - $797 / month For those full-time employees who are currently enrolled in a Kaiser Permanente plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month D. PERSChoice health insurance coverage costs the City the following amounts per month: ■ Single - $376.55 / month ■ Employee + 1 - $753.10 / month ■ Employee + 2 or more - $979.03 / month For those full-time employees who are currently enrolled in a PERSChoice plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month • Employee + 2 or more - $750 / month i 0 SECTION 5. The monthly amount offered to permanent part-time employees who enroll in this option can be taken as deferred compensation or as salary and shall be established as follows: A. Permanent part-time employees are offered Kaiser Permanent health insurance coverage. B. Kaiser Permanente health insurance coverage costs the City the following amounts per month: ■ Single - $306.54 / month ■ Employee + 1 - $613.08 / month ■ Employee + 2 or more - $797 / month For those permanent part-time employees who are currently enrolled in a Kaiser Permanente plan, the monthly cafeteria amount offered shall be: ■ Single - $250 / month ■ Employee + 1 - $500 / month ■ Employee + 2 or more - $750 / month SECTION 6. All new City Council Members who can demonstrate health insurance coverage through another source shall be offered the maximum monthly health benefit amount as governed by Section 53208.5 of the California Government Code in lieu of a City paid health insurance program. That amount shall be determined on an annual basis and can be taken as deferred compensation. SECTION 7. All new full-time employees hired by the City that can demonstrate health insurance coverage through another source shall be given the option of taking a monthly health benefit amount not to exceed the average cost of providing health premiums for all full-time employees in lieu of a City paid health insurance program. That amount shall be determined on an annual basis and can be taken as deferred compensation or as salary. SECTION 8. All new permanent part-time employees hired by the City that can demonstrate health insurance coverage through another source shall be offered a monthly amount not to exceed the average cost of providing health premiums for all permanent part-time employees in lieu of a City paid health insurance program. That amount shall be determined on an annual basis and can be taken as deferred compensation or as salary. • PASSED, APPROVED and ADOPTED by the City Council of the City of Rosemead on this 26th day of September, 2006. Mayor, City of Rosemead ATTEST: City Clerk, City of Rosemead 0 RICH AND EDUCATIONAL TRUST EMPLOYER-SPONSORED HEALTH INSURANCE PROVIDES COVERAGE FOR 160 MILLION AMERICANS, REACHING NEARLY THREE OF EVERY FIVE OF THE NONELDERLY.1 To PROVIDE CURRENT INFORMATION ABOUT THE NATURE OF EMPLOYER-SPONSORED HEALTH BENEFITS, THE KAISER FAMILY FOUNDATION (KFF) AND THE HEALTH RESEARCH AND EDUCATIONAL TRUST (HRET) CONDUCT AN ANNUAL NATIONAL SURVEY OF PRIVATE AND PUBLIC EMPLOYERS OF THREE OR MORE WORKERS. '['he key findings from this year's survey show that the rate of growth of health insurance premiums declined for die second straight year, slowing to 9.z7v in 2005, and that the percentage of all fines offering health benefits to their employees has fallen significantly from 69% to 6o% over the last 5 years. The =0o5 findings also show growth in the percentage of firms offering health benefits that offer a high- deductible health plan (HDI IP) to at least sonic of their employees. Twenty percent of firms that offer health benefits offer a high- deductible health plan. 'T'hese firms are beginning to took at new consumer-driven arrangements. Among all firms that offer health benefits, 1.9% offer an I IDI IP with a health reimbursement arrangement (PIRA), covering 1.6 million workers, and 2.3% offer an I IDIJP that meets federal requirements enabling a worker to establish a health savings account (HSA), covering 81o,ooo workers. HEALTH INSURANCE PREMIUMS I3ehveen spring Of 2oo4 and spring of 2005, premiums for employer- sponsored health insurance rose by 9.2%, lower than the u.2% increase in 2004 and the 13.9% increase in 2003 EXHIBIT A Increases In Health Insurance Premiums Compared to Other Indicators, 1988-2005 1988 1989 19go 1993 1996 2999 2000 2001 2002 2003 2004 2005 HEALTH 12.0 18.0 14.0 8.5 0.8 5.3' 8.2' 10.9' 12.9' 13.9t 11.2' 9.2• - INSURANCE PREMIUMS OVERALL 3.9 5.1 4.7 3.2 2.9 2.3 3.1 3.3 1.6 2.2 2.3 3-5 - INFLATION 3.1 4.2 3.9 2.5 3.3 3.6 3.9 4.0 2.6 2.9 2.2 2.7 -WORKERS' EARNINGS • Estimate is statistically different from the previous year shown at p <.05. No statistical tests were conducted for years prior to 1999. 1 Estimate Is statistically different from the previous year shown at p <.1o. Note Data on premium Increases reflect total health insurance premiums for a family of four. Historical estimates of workeri eamings have been updated to reflect new Industry classifications (NAICS). Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits: 1999-2c o5; KPMG Survey or Employer-Sponsored Health Benefits: 1993. 1996; The Health Insurance Association of America (HIAA): 1988, 1989, i99o; Bureau of Labor Statistics. Consumer Price Index, U.S. City Average of Annual Inflation (April to ApriO, 1988-2005; Bureau of Labor Statistics, Seasonally Adjusted Data from the Current Employment Statistics Survey (April to April), 1988-2ooS. (Exhibit A).' Despite this slowdown, wage growth of 15"/x. Average annual premiums continued to increase premiums for employer-sponsored much faster than overall inflation coverage rose to $4,024 for single (3.5%) and wage gains (2.7%). Since coverage and $1o,88o for family zooo, premiums for family coverage coverage (Exhibit R), have increased by 73%, compared with inflation growth of 14% and 7 1988 1989 1990 1991 1992 1993 1994 1995 7996 1997 1998 1999 2000 2001 2002 2003 2005 2005 cAnPoi t o Average Annual Premiums for Covered Workers for Single and Family Coverage, by Plan Type, 2005 CONVENTIONAL SINGLE 53,782 HMO SINGLE 53,767' SINGLE S3,S48 FAMILY $8,449 511,090 SINGLE 53,911 FAMILY ALL PLANS SINGLE "''-53473 54,024 FAMILY $8,167 510,880 s0 $2,000 $4,000 $6,000 $8,000 $10,000 S141 Estimate of total premium is statistically different from All Plans by coverage type shown at p <.05. ■ WORKER CONTRIBUTION Note: Family coverage is defined as health coverage for a family of four, Source: Kaiser/HRET Survey of Employer-Sponsored Health aeneRrs,:oo5. FIRM CONTRIBUTION CA17ID1 I Distribution of Covered Workers by Percentage of Premium Contributed by Their Firm for Single and Family Coverage, by Firm Size, 2005 SINGLE COVERAGE ALL SMALL FIRMS (3-199 WORKERS) ALL LARGE FIRMS (200 OR MORE WORKERS) ALL FIRMS 21% FAMILY COVERAGE ALL SMALL FIRMS 18% (3-199 WORKERS) ALL LARGE FIRMS (200 OR MORE WORKERS) 1• j 0% to% 20% 30% 40% 50% 6o% 70% 80% 90% too% M LESS THAN 50% Note Famay coverage is defined as health coverage for a (amity of four GREATER THAN OR EQUAL TO 50%, LESS THAN 75% Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 2oo5. GREATER THAN OR EQUAL TO 75%, LESS THAN 100% € 100% THE KAISER FAMILY FOUNDATION t.:7 HEALTH RESEARCH AND EDUCATIONAL TRUST Although the average premium increase for 2005 is 9.2%, many covered workers are in firms that experienced premium changes that were substantially above or below the average: 32% of covered workers work for firms where premiums increased by 5% or less, while 17% of covered workers work for firms inhere premiums increased by more than 15%. Premiums in fully insured plans and premium equivalents in self- funded plans grew at similar rates. Preferred provider organizations (PPOs) cover a majority of covered workers, but health maintenance organizations (HMOs) remain less expensive. The average annual PPO premium is $4,150 for single coverage and $n,ogo for family coverage, compared to average annual HMO premiums of $3,767 for single coverage and $10456 for family coverage. Almost 80% of covered workers with single coverage, and over go% of covered workers with family coverage make a contribution toward premiums in 2005 (Exhibit Q. Workers on average contribute S6to of the $4,024 annual cost of single coverage and Sz,713 of the S10,88o annual cost of family coverage (Exhibit B). Covered workers in small firms (3-199 workers) on average make a significantly higher contribution toward family coverage than covered workers in large firms (zoo or more workers) (S3,170 vs. Sz,,t87). The average percentage of premiums paid by workers is statistically unchanged over the last several years, at 16% for single coverage and 26% for family coverage (Exhibit U). payments when they use health care ser vices. Fifty-six percent of covered workers are in a health plan that requires that a deductible be met for single coverage before most plan benefits are provided. In PPOs, die most common plan type, the average deductible for in-network services is S3z3 for single coverage and 5679 for family coverage. Across all plan types, average deductibles for single coverage in small firms iqq workers) are substantially higher than average deductibles in large firms (zoo or more face separate cost sharing when they are admitted to a hospital. Thirty- six percent of covered workers face a separate deductible or copaynient for each hospital admission, with an average payment of Sz4i. Ten percent of workers face separate coinsurance when they are hospitalized, with an average coinsurance rate of 16%. An additional 3% of workers face both a deductible or copayruent and coinsurance when hospitalimcl. The vast majority of covered workers face copaynhents when they go to tie doctor or fill it prescription. Copaynhcnts for physician office Asits changed little in zoos. Forty- four percent of covered workers are in a plan with a $zo or $25 Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits. t999.2005; KPMG Survey of Employer-Sponsored Health Benefits, 1996; The Health Insurance Association of America (HIAA). 1988. LAnIDI I L Percentage of Firms Offering Health Benefits, by Firm Size, 1996-2005 100% so% 60% 6 53 57.58 5 51 47 40% ' 20% 0% BASED COVERAGE ' Estimate is statistically different from the previous year shown at p c.o5. 1996 t Estimate is statistically different from the previous year shown at p <.1o. ® 1999 Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, t999-2oo5: KPMG Survey of Employer-5ponsored Health Benefits, 1996. 2000 copayment. For workers covered by multi-tier drug plans, the average copayrnents are $lo for generic drugs, S2z for preferred drugs, and S35 for nonpreferred drugs. A small percentage of plans have added a fourth tier of prescription drug cost sharing, with an average copay nient in that tier of $74. While the percentage of finns offering health bencfits is statislically unchanged from last year, it has declined over the last few years. Annual changes have been small, but 99 99 99 88799 8 J 657 68 66 6 9 3 59 t~ ALL SMALL FIRMS ALL LARGE FIRMS (3-399 WORKERS) (200 OR MORE WORKERS) 2002 - 2004 2005 of firths offering hcalth benefits, from 69% in zooo to 6o% in 2005. This drop is driven largely by a significant decline in the percentage of small firms (3-199 workers) offering coverage, which has fallen from 68% to 59% over the same period. the cumulative result is a statistically significant decline in the percentage LA17I D 1 I r Among Firms Offering Health Benefits, Percentage That Offer an HDHP, by Firm Size, 2003-2005 100% 80% 60% 40% 33%* m° ' 2096• 20%' 20% 37°6 20% j I 0% = = ALL SMALL FIRMS MIDSIZE FIRMS LARGE H;US JUMBO FIRMS (3-199 WORKERS) (200-999 WORKERS) (1,000-4,999 WORKERS) (5,DDOOR MORE WORKERS) • Estimate is statistically different from the previous year shown at p <.o5. We note that the definition of an HDHP has changed somewhat over the past three surveys (see endnote A)- Note: The prevalence shown above is for all HDHPs, regardless of whether they are offered with an Hit& are HSA qualified, at neither. Source! Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 200.V--2005. THE KAISER FAMILY FOUNDATION 1Ni;-HEALTH RESEARCH AND EDUCATIONAL TRUST The health benefits offer rate continues to vary substantially by firm size: only 47°! of the smallest companies ('3--9 workers) offer health benefits, compared to T% of firms with lo-z4 workers, 87% of firms with 25-49• and over 90% of firms with 50 or more workers (Exhibit E). Even when a firm offers health insurance, not all workers get covered. Some workers are not eligible to enroll as a result of waiting periods or minimum work-hour rules, and others choose not to enroll because they must pay a share of the premium or can get coverage through a spouse. Within offering firms, 8o% of workers arc eligible for coverage, and 83% of those eligible elect to enroll. Enrollment in PPOs grew over the last year, while HMO enrollment declined. PPOS continue to be the most common plan in 2005, enrolling 61% of employees with health coverage, up from 55% in 2004.' HMO enrollment fell to 21% of covered workers from 25% in zoo. . POS enrollment, which has been deelining in recent years, remained stable this year at 15%. UTILIZATION MANAGEMENT AND DISEASE MANAGEMENT About eight-in-ten workers (81%) with job-based coverage are in a health plan that uses case management for large claims. Prior certification for inpatient services (75% of covered workers) and outpatient surgery (55% of covered workers) also apply to most covered workers. Over half of covered workers (56%) are in a plan with at least one disease management program. Among workers in these plans, virtually all are in a plan that provides management for diabetes, and high percentages are in plans that provide for asthma (86%), by (Sz%), and high chol HIGH-DEDUCTIBLE HEALTH PLANS Employers appear to be embracing increased consumer responsibility and higher cost sharing as strategies for reducing the growth in health care costs. Twenty, percent of finns offering health benefits offer an HDI-IP (defined for zoos as having a deductible of at least Sr,ooo for single coverage and $2,000 for family coverage) (Exhibit F). Jurnbo firms (5,000 or more workers) offering health benefits are more likely than all firms to offer such a plan. We note that the definition of an 1 IDI IP has changed somewhat over the past three survevs.' We asked employers offering an HDI IP whether they offer either (r) Among All Firms Offering Health Benefits, Percentage That Offer an HDHP/HRA and/or an HSA Qualified HDHP, 2oo5 EITHER (HDHP/HRA OR HSA) QUALIFIED HDHP OR BOTH)$ i This includes o.3% of all firms offering health benefits that offer both an HDHP/HRA and an HSA qualified HDHP. Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits. 2oo5. an HRA to their employees (referred to here as an " I-ID14P/I IRA") or (2) an HDHP that permits their employees to establish an HSA (referred to here as an °HSA qualified HDHP"). Among all firms offering health benefits, 1.9% offer an HDHP/FIRA, with 1.6 million workers enrolled in the HDHP/FIRA, and 2.3% offer an HSA qualified HDHP, with 8io,ooo workers enrolled in the HSA qualified HDHP (Exhibit C).1 About 25% of workers offered an II DHP/I IRA and about 15% of workers offered an HSA qualified FiDHP participate in the arrangement that is offered. arrangements are relatively high: in HDHP/I-IRAs, annual deductibles average Sr,8-;o for single coverage and $3,686 for family coverage; in I ISA qualified FIDi IN, annual deductibles average $1,c)o1 for single coverage and $4,070 for family coverage. TITe average premiums for the I1DIlPs in these arrangements are generally lower than average health plan premiums overall, although these differences lessen or disappear when employer contributions to the premium. The average total annual spending for HDHP/FIRAs (premiums plus employer contributions to the I IRA) is not statistically different than average annual health plan premiums for either single or family coverage. In contrast, the average total annual spending for HSA qualified HDHPs is significantly lower for both single and family coverage than annual average premiums for health plans generally (Exhibit 1I). On average, workers enrolled in an 14DHP/I-1RA receive an annual employer contribution to their HRA of 5792 for single coverage and $1.556 for family coverage. Workers enrolled in an HSA qualified tIDHP on average receive an annual employer contribution to their HSA of S553 for single coverage and $1,185 for family coverage.' About one-in-three employers offering an I-ISA qualified 1 IDHP (covering about 35% of workers enrolled in these plans) does not contribute to HSAs established by their employees. RETIREE COVERAGE The implementation of the new Medicare Part D drug benefit, combined with cutbacks in coverage by several large national firms, has put a spotlight on retiree health benefits. III 2o05, 33% of large finns (zoo or more workers) offer retiree health coverage, virtually the same percentage as last year, but down from 66% in 1988. Among large firms Average Annual Premiums and Contributions to Spending Accounts For Covered Workers in HDHP/HRAs and HSA Qualified HDHPs Compared to All Plans, 2005 HDHP/HRA IISA Qualified IIDiiP I All Plans' Single Family Single Family Single Family Total Annual Premium S3,503' $8,530 $2,700 $7.909 $4,024 $10,880 Worker Contribution to Premium $42> $2.654 $431 51,664' $61o $2,713 Firm Contribution to Premium $3,080 $5,876' $2,270 $6,245 $3,413 $8,167 Total Annual Firm Contribution (Firm Share of Premium Plus S3,872 $7,538 $2,850 $7.337 $3413 $8,167 Contribution to HRA or HSA) Total Annual Spending (Total Premium Plus Firm $4,295 $10,193 $3,280' $9,001' $4,024 $io,88o C:nntrihntinn to I-IRA or HSAi • Estimate is statistically different from All Plans by coverage type at p < 05. S All Plans refers to all conventional, HMO, PPO. and POS plans In the survey, not just HDHP(H RAs or HSA qualified HOHPs. Note: Average Firm Contributions to the HSA or HRA cannot be calculated by subtracting the average Total Annual Premium from the average Total Annual Spending due to _ varying sample saes. Some firms provided data for premiums and worker contributions that were inconsistent with other data they provided about their HDHP/HRA or NSA qualified HOW These data were excluded from estimates of the average premium, worker contribution, and firm contribution for the HDHP; therefore there are fewer cases used in calculating those averages than for the average firm contribution to the HSA or HRA. , Source: KaiserlHRET Survey of Employer-Sponsored Health Benefits, 2oo5. offering retiree benefits, virtually all (94%) offer henefits to early retirees, while just over 81%a offer benefits to Medicare-age retirees. Although growth in health insurance premiums has moderated in each of the last two years, it continues to outpace inflation and average wage growth by wide margins. Over the last five years (since 2ooo), health insurance premiums have grown by 73%, compared with cumulative inflation of around 14% and premiums relative to the rest of the economy appears to be placing significant strains on the eniployer- sponsored health insurance systeuu. Over the past five years, the percentage of employers offering health benefits has Fallen from 69% to 6o%, with the decline occurring predominantly among small firms (3- tqq workers). This decline has helped drive a reduction in the percentage of workers covered by health insurance offered through their own employer, which has fallen from 63% of workers To address cost issues, employers are broadly making use of disease' management and utilization management, but continue to move away from 11MOs, whose premiums are generally below more prevalent PPOs. Employers also have looked to higher cost sharing over the past few years, first through increases in deductibles and copayluents, and more recently in the form of new plan tees. While cost sharing grew little on average over the past year, we do see an increase in the offering of I-IDHPs and the emergence of new consumer-driven plans. We ealpect the prevalence of these consumer-driven that only 16%a of empli they believe that these "very effective" in con Health insurance premiums for a family of four now average almost $I i,ooo a year, about equal to the full time earnings for a minimum wage worker! It is not surprising then that firms with a relatively high percentage of lower-wage workers are less likely to offer health insurance-given the cost of coverage relative to what their workers cam; nor is it surprising that smaller firms, who on average pay their workers less than larger firms, are having an increasingly hard time offering health benefits to their workers. Unless cost increases moderate substantially, or new wars are found to finance health care for lower income workers, we may well see the downward trends in offer rates and coverage continue. 3 A portion of the change in enrollment Is likely attributable to Incorporating more recent Census Bureau estimates of the number or state and local warkers and removing federal workers from the weights. See the Survey Design and Methods section In the full report for additional information. In 2007 and 2004 the survey used a different definition and asked firms If they offered a health plan with a deductible of more than fl.ooo for single coverage. The 2007 and 2004 surveys did not specify a minimum deductible for family coverage. Some of the change In the percentage of firms offering an HDHP between 2o07 and 2oo5 may be due to this change In the definition of an HDHP. s This estimate of the number of workers enrolled in an HDHP(HRA oran HSA qualified HDHP does not include federal workers because the federal government is not included in the survey. 6 The average firm contributions to HSAs for single coverage (SS57) and family coverage ($1.195) include covered workers whose firm makes no contribution to the account. Average Firm Contributions to the HSA or HRA cannot be calculated by subtracting the average Total Annual Premium from the average Total Annual Spending (rxhlbil H) due to varying sample sizes. Some firms provided data for premiums and worker contributions that were inconsistent with other data they provided about their HDHP/HRA or HSA qualified HDHP. These data were excluded from estimates of the average premium, worker contribution. and firm contribution for the HDHP; therefore there are fewer cases used in calculating those averages than for the average firm contribution to the HSA or HRA. The Kaiser Family FoundationrHealth Research and Educational Trust 2005 Annual Employer Health Benefits Survey (Kaiser/HR£T) reports findings from a telephone survey Of J,013 randomly selected public and private employers. Firms range in size from small enterprises with a minimum of three workers to corporations with more than 300,00o employees. The KoiserfIRET Employer Health Benefits Survey is based on previous surveys sponsored by the Health Insurance Association ofAmerica from 1986-iggi and Bearing Point (KPMG of the tine of the surveys) from 1991-1998. Findings in this report draw on the 1999-2oo5 Koiser1HRET Survey of Employer-Sponsored Health Benefits, the 1993, 1996, and 1998 KPMG Surveys of Employer Sponsored Health Benefits, and the 1988, 1989 and 199o studies conducted by HIAA Researchers at Health Research and Educational Trust and the Kaiser Family Foundation designed and analyzed the survey National Research LLC conducted the fieldwork between January and May zoos. In 2005 our overall response rate is 48%, which includes firms that offer and do not offer health benefits. Among firms that offer health benefits, the surveys response rote is 51%. From previous years' experience, we have learned that firms that decline to participate in the study are more likely not to offer health coverage. Therefore, we asked one question to all firms in the study with which we made phone contact where the firm declined to participate. The question was, "Does your company offer or contribute to o health insurance program as a benefit to your employees?" A total of 2,995 firs responded to this question (including 2,013 who responded to the full surrey and 982 who responded to this one question). Their responses are included in our estimates of the percentage of firms offering health coverage. The response rate for this question was 72%. Since firms are selected randomly, it is possible to extrapolate from the sample to national, regional, industry, and firm size estimates using statistical weights. In calculating weights, we first determined the basic weight, then applied a nonresponse adjustment, and finally applied a post-stratification adjustment. We used the Statistics of the U.S. Census Bureau as the basis for the stratification and the post stratification adjustment for firms in the private sector, and we used the Census of U.S. Governments as the basis for post stratification for public sector firms. All statistical tests are performed of p <.05 except where otherwise noted. For more methodology information, please visit our Survey Design and Methods Section at www.kff.orgAnsurance113151 The Kaiser Family Foundation, based in Menlo Pork, California, is a nonprofit private operating foundation dedicated to providing information and analysis on health care issues to policymakers, the media, the health care community, and the general public. The Foundation is not associated with Kaiser Permonente or Kaiser Industries. The Health Research and Educational Trust is a private, not-for-profit organization involved in research, education, and demonstration programs addressing health management and policy issues. Founded in 1944. HRET collaborates with health care, government, academic, business, and community organizations across the United States to conduct research and disseminate findings chat help shape the future ofhealth care. -AND- H- X MuY.M R6L6Al1GH [g1GAM1NaL tM/6i The Henry I. Kaiser Family Foundation 2400 Sand Hill Road Menlo Park, CA 94025 Phone 650.854.940o Fax 650.854.4800 Washington Office 133o G Street NW Washington, DC 20005 Phone 202-347-527o Fax 202-347•,5271 The full report of survey findings (#7315) is available on the Kaiser Family Foundation's website at www.kff.org. Additional copies of this summary (#7316) are also available at www.kff.arg. U F- Z W Z U Q Q 0 0) (p U) O O C*4 o o o V 00 d C ~ M r M r ^ N r 0 0 N O O i t E 0 4) _ d C (V (O (O (D N a) fl- Ln U) w V O r E E o 0 E o a R40 Q N o c ~ ° o a/ V CO ~ to d C 9 CO r (M r N r --o E t CO IT M co N co N a _ N M N ~ CO U) I .q C oEo v t- n (D co ~ a w (A (fl 69 N C N o r o CO o to O C; M M ^ N r N o O n n IT M E :E ? c (D n (D tQ M a) N M m N v ~ o E E- a EA fA fA 613~ eCp a ~ ~ U o U a~ r U = W ? Q) ro CO W a ap Y a L_ 0 0 ATTACHMENT D TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California BILL LOCKYER Attorney General OPINION of BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General No. 05-910 May 22, 2006 THE HONORABLE BOB MARGETT, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May city council members of a general law city redirect the value of health insurance benefits to a deferred compensation plan without violating the statutory limitation upon the amount of compensation authorized for council members? CONCLUSION City council members of a general law city may redirect the value of health insurance benefits to a deferred compensation plan without violating the statutory limitation upon the amount of compensation authorized for council members. 05-910 0 0 ANALYSIS Government Code section 365161 authorizes a city to provide its city council members with a salary of between $300 and $1,000 per month, depending upon the size of the city's population. However, an exception to the salary limitation is provided by subdivision (e) of the statute, which states: "Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees." The question presented for resolution is whether city council members may redirect the value of their health benefits to a deferred compensation plan without violating the compensation limitation of section 36516. We conclude that they may. In 2000, we considered a similar situation involving members of the governing board of a school district. (83 Ops.Cal.Atty.Gen. 124 (2000).) There, as here, the amount to be paid to board members for their services was limited by statute. (1d. at pp. 125-126; see Ed. Code, § 35120.) There also, as here, another statutory provision allowed the school district to provide its members with certain benefits, including health insurance, without concern for the statutory compensation limitation. Section 53208, the statute governing the analysis in our 2000 opinion, states: "Notwithstanding any statutory limitation upon compensation or statutory restriction relating to interest in contracts entered into by any local agency, any member of a legislative body may participate in any plan of health and welfare benefits pennitted by this article." (Italics added.) Our prior opinion resolved whether a school district could provide school board members with cash payments in lieu of health insurance benefits without running afoul of the statutory limitation upon compensation. We concluded that it could not because, while "health and welfare benefits" could be provided without regard to the compensation limitation, cash payments were not "health and welfare benefits" for purposes of the statute. (Id. at p. 127; see § 53200, subd. (d) [defining "health and welfare benefit"].) I All further references to the Government Code are by section number only. 2 05-910 9 0 We believe that there are material differences between the statutes governing the present situation and those that governed our 2000 opinion. First, we are given here that the city offers a variety of benefits to all employees on a "cafeteri a- style" plan. That is, the city contributes a fixed amount to each employee for all benefits, with the employee then choosing from among the benefits offered. The offered benefits include health insurance and a deferred compensation plan. The city's deferred compensation plan is a retirement-related plan organized under section 457 of the Internal Revenue Code (26 U.S.C. § 457). This type of deferred compensation plan allows employees of government agencies and non-profit organizations to place pre-tax earnings into an account and to defer income taxes on the interest as it accrues. Significantly, the contributing employee has no immediate claim on the assets in the account. Instead, distributions may be made to the employee only upon retirement, severance from employment, in an unforeseeable emergency, or to a named beneficiary upon the employee's death. (See 26 C.F.R. § 1.457-6 (2005).) Under the city's cafeteria-style benefits plan, any employee may elect to forego health insurance and redirect the value of the coverage to a deferred compensation plan or other selected benefit.2 Thus, there is an important factual difference between this situation and the one we considered in 2000. Here, the redirection to a deferred compensation plan would not be equivalent to a cash payment because the funds in a deferred compensation plan are not immediately available. Contributions to a deferred compensation plan are intended to provide the employee with a retirement benefit, and may only be distributed upon the occurrence of specified contingencies. More importantly, the statutory exception to the compensation limitation in our earlier opinion extended only to "health and welfare benefits." (83 Ops.Cal.Atty.Gen., supra, at pp. 126-127.) In contrast, the exception to the salary limitation in question extends not only to "health and welfare" benefits but also to "retirement" benefits. 36516, sub. (d), (e).) Consequently, retirement benefits are not counted for purposes of determining the amount of a city council member's salary. In effect, redirecting the value of a health insurance benefit to a deferred compensation plan does nothing more than convert one type of exempt benefit to another type of exempt benefit. And since "the same benefits are available and paid by the city for its employees" (Gov. Code, § 36516, subd. (e)), the redirection would not violate the statutory limitation on salaries for city council members. 2 We are informed that an employee who elects to forego a health insurance benefit may be required to demonstrate existing health coverage. 3 05-910 0 0 Accordingly, we conclude that city council members of a general law city may redirect the value of health insurance benefits to a deferred compensation plan without violating the statutory limitation upon the amount of compensation authorized for council members. 4 05-910