Medicare Open Enrollment Information

I know, we "Baby Boomers" will never get old...but we will enroll in Medicare! 

Following up from the last post, here is some information that may be helpful during Medicare's annual "Open Enrollment" (the AEP) for Medicare Advantage (Part C) and prescription (Part D) plans.

During the AEP, Medicare beneficiaries can change how they receive health insurance coverage and add, change, or drop prescription drug coverage.  They can make as many changes as they want during this period--with changes taking effect on January 1, 2013.

It is important to note that if you have a traditional Medicare Supplement Insurance policy, it is guaranteed renewable.  That means that no action needs to be taken to continue your coverage other than paying premiums on time.

From October 15 -- December 7, 2012, Medicare beneficiaries can make any of the following changes:

• Change from a Medicare Advantage plan back to Original Medicare.
• Change from a Medicare Advantage plan back to Original Medicare and a Medicare Supplement policy (health history questions may be asked, and some plans may not be available). 
• Change from Original Medicare to a Medicare Advantage Plan.
• Switch from a Medicare Advantage plan to a different Medicare Advantage plan.
• Switch from a Medicare Advantage plan that does not offer prescription drug coverage to a plan that does offer prescription coverage.
• Switch from a Medicare Advantage plan that does offer drug coverage to one that does not.
• Join a stand-alone prescription drug plan.
• Switch from one prescription plan to another.
• Drop prescription coverage altogether.

Another important period to keep in mind is the Medicare Advantage Disenrollment Period from January 1 -- February 14, 2013.  During this time, Medicare benenficiaries can switch from a Medicare Advantage plan to Original Medicare.  Regardless of whether the Advantage plan had drug coverage, beneficiaries also have the option to join a stand-alone prescription drug plan.  Changes made during this period are effective the first day of the following month.

Learning About Medicare

Medicare's Annual Open Enrollment begins October 15 and ends December 7.

The annual open enrollment is an opportunity for Medicare beneficiaries to make changes in their insurance coverage.  It is also a good time for beneficiaries (and perhaps their family members) to learn or be reminded about the way Medicare works.

The Medicare system is divided into four different parts. Each of these parts has a host of options available within them. These four parts are called Medicare Part A, Part B, Part C, and Part D. Here is an overview of the differences between them:

Medicare Part A
Part A is also known as Hospital Insurance because its coverage reduces participant expenses for their hospital stays. Part A covers many costs when a participant is admitted for inpatient care. It also covers a portion of skilled nursing facility, hospice, and even home health care.  However, it is NOT designed for long-term care.  Additionally, participants will be required to pay for coinsurance, deductibles, and some uncovered expenses related to their stays (also known as coverage gaps). These uncovered expenses, or "gaps," may be covered by Medicare Supplement plans (sometimes called Medigap plans). 

Medicare Part B

Part B is also known as the Medical Insurance portion of the Medicare plan because it covers many outpatient services provided by a healthcare provider. Part B also provides coverage for some  services that help participants to stay healthy and decrease the progression of any illnesses.

Part B is also very affordable; the annual premium for Part B was only $99.90 in 2012. However, Part B only pays 80 percent of fees for approved charges, requiring participants to pay for the rest of the cost.  Parts A and B are togeher often called Original Medicare.

Medicare Part C

Part C provides "Advantage Plans." These are typically PPO or HMO plans. Part C plans are administered by private insurance companies that are approved by Medicare. Participants receive their healthcare coverage directly from those private companies instead of from Original Medicare. Generally, Medicare Part C includes Part A and Part B coverage as well as a prescription drug coverage plan.  Some Part C plans do not contain drug coverage.  Part C plans often include benefits not covered by Medicare, such as some vision, dental, or hearing services.  Other benefits might include "Silver Sneakers" or similar programs that provide membership in a fitness center.  These kinds of benefits vary widely between plans.

Medicare Part D

Part D is the program that helps to cover the cost of prescription drugs. Benefits can be included in an Advantage Plan, or they can be purchased as a stand-alone plan for those who have Original Medicare or Medicare and a Supplement plan.

Many Medicare participants find it helpful to speak with an experienced health insurance advisor for more information about their options, and this can also help to ensure that participants get the best healthcare plans for their needs at prices that are right for their budgets.

As an independent agent, I can offer you a choice of several popular plans, depending on your individual needs, preferences or situation.  I also offer periodic educational classes to help Medicare beneficiaries (and those who are about to be) understand how the Medicare program works.  This can also be helpful for those who are assisting parents with the sometimes complicated insurance decisions that arise.

If you are in Sheboygan, Fond du Lac, Winnebago, Manitowoc, Calumet or other nearby counties, you are welcome to attend one of our "Medicare and You" educational classes.  The next scheduled classes are November 1st and 28th at 6 PM and Noberber 13th at 11:30 AM and 6:00 PM.  Classes are at 506 E. Mill St, Plymouth, Wisconsin.  Additional classes may be scheduled elsewhere during the annual open enrollment, so contact me if you would like a complete list.

Give me a call at 920-893-5262 if you would like make an appointment to discuss Medicare-related insurance or if you would like to attend one of our educational classes.

Dorcas George
Insurance Advisor/Coach


Neither Dorcas George nor Veritas Financial are affiliated with the Federal Medicare Program. This is a solicitation of insurance. 


Our "Medicare and You" class is an education event and is only for educational purposes. No plan specific benefits or details will be shared.

The Court Has Ruled on Health Care Reform

Today, on the last day of its current term, the U.S. Supreme Court announced its decision on the constitutionality of the health care reform law. The Court upheld the entire law, holding that Congress acted within its constitutional authority when enacting the individual mandate. This means that the health care reform law will continue to be implemented as planned and provisions that are already effective will continue.

BACKGROUND

The health care reform law, commonly referred to as the Affordable Care Act, was enacted in 2010. Opponents of the law quickly started filing legal challenges to its validity. Most of the legal challenges focused on the constitutionality of the law’s individual mandate—the requirement that individuals purchase health insurance coverage or pay a penalty beginning in 2014.

The U.S. Courts of Appeals split in their decisions regarding the law’s constitutionality. To resolve this uncertainty, the U.S. Supreme Court reviewed the health care reform law in March 2012. The Court heard six hours of oral argument on the case, which is an extraordinary amount of time for oral argument. Most modern court cases only receive one hour of oral argument so this was indicative of the importance of the health care reform law challenges.

CHALLENGES TO THE INDIVIDUAL MANDATE

The main substantive challenge to the health care reform law was whether Congress had the authority under the U.S. Constitution’s Commerce Clause to require individuals to purchase health insurance coverage. The Commerce Clause gives Congress the power to regulate multi-state, economic activity. Most of the arguments centered on whether enacting the mandate fell within the Congressional power to regulate interstate commerce.

Opponents of the health care reform law argued that the Commerce Clause does not give Congress the power to regulate economic inactivity (that is, the decision not to purchase health insurance). They noted that Congress’ Commerce Clause power has never before been extended to this degree, and argued that this would open the door for the federal government to have unrestricted power to regulate.

The Obama Administration, however, stated that the law was an attempt by Congress to address the problems of access and affordability in the national health care market. The Administration pointed to the health care costs associated with the uninsured to demonstrate the economic effect of not purchasing health coverage, and argued that the law expands access to health care by making affordable health insurance more widely available.

Opponents of the law also argued that without the individual mandate, the law could not function as intended and would have to be struck down in its entirety. The Obama Administration argued that, in the event the individual mandate was ruled unconstitutional, only certain provisions of the law—those related to guaranteed issue and underwriting restrictions—would also be invalid. Thus, these parts of the law could be severed and all other provisions could stand.

THE COURT’S DECISION

The Supreme Court ultimately ruled that Congress acted within its constitutional authority when enacting the individual mandate. In its ruling, the Court first concluded that the Commerce Clause did not give Congress the power to pass the individual mandate. The Court concluded that Congress has the authority to regulate interstate commerce, but does not have the authority to compel it. The Court stated that “construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority.”

However, the Court held that Congress had the power to enact the mandate under its authority to impose taxes. The majority of the Court agreed that the individual mandate’s penalty is essentially a tax that Congress can impose using its taxing authority. The Court held that “our precedent demonstrates that Congress had the power to impose the exaction in [the individual mandate] under the taxing power, and that [the individual mandate] need not be read to do more than impose a tax. That is sufficient to sustain it.”

Because the Court upheld the individual mandate, it did not need to decide whether other provisions of the health care reform law were constitutional. One exception to this is a provision that required states to comply with the health care reform law’s new Medicaid eligibility requirements or risk losing their federal funding. The constitutionality of this provision was also before the Court. On that issue, the Court ruled that the provision is constitutional, but that Congress cannot penalize states that decide not to participate in the law’s Medicaid expansion by taking away their existing Medicaid funding.

FUTURE IMPLICATIONS

Because the individual mandate was upheld, all aspects of the health care reform law that have been implemented will remain in effect. Additionally, the remaining provisions of the health care reform law that are not currently in effect will continue to be implemented as planned. Most notably, beginning in 2014, all individuals will generally be required to purchase health insurance or pay a penalty.

Many of the health care reform law’s provisions require agency guidance to be implemented. The Departments of Labor (DOL), Health and Human Services (HHS) and Treasury have been regularly issuing guidance to implement the health care reforms. These agencies will continue to promulgate regulations relating to the health care reform law, and employers and health plans will be required to comply with these to the same extent that they are required to comply with the various provisions of the health care reform law.

Although the Supreme Court held that the individual mandate is constitutional, opponents of the health care reform law may challenge other provisions using various legal arguments. If any further challenges arise, courts will address these accordingly.

Additionally, members of Congress have already introduced new legislation to amend or repeal various parts of the health care reform law, and likely will continue with this strategy. Each of these possibilities may have an impact on the health care reform law and its requirements in the future.

ADDITIONAL RESOURCES

A copy of the Supreme Court’s decision is available at: www.supremecourt.gov/.