Membership Handbook Better Health, Better Performance BUPA Health Insurance. From small businesses to seniors, from the uninsured to families struggling to find affordable health insurance they do have, the health care reform bill being considered in the House of Representatives will make a real, positive impact on the everyday lives of thousands of North Carolina state residents.
In fact, the Treasury Department breached its statutory authority just six months ago when the IRS proposed a rule that would let people get subsidies to buy health insurance through a federal exchange although the legislative language specified that that the subsidies could only be used for state exchanges.
The conventional understanding of separation of powers dictates that should the regulators conclude that the self-insurance marketplace needs to be regulated differently than what is provided for in the ACA, they should make such recommendation to Congress so that this can addressed through the legislative process.
A ‘Yes’ vote on the Affordable Health Care for America Act would mean tax credits of up to 50% of the health insurance costs for North Carolina small businesses with under 25 employees and average wages under $40,000. The ACA does not directly create nor suppress any captive insurance opportunities but there are some indirect connections.
The more likely scenario is that the federal agencies with jurisdiction over the Public Health Services Act (PHSA), the Employee Retirement Income Security Act (ERISA) and ACA will rely on their general rulemaking authority given to them under these respective laws to justify creative rulemaking that would restrict the availability of stop-loss insurance and/or make other changes to federal law that adversely affect the self-insurance marketplace.