Medical Loss Ratio (MLR) rebates have become a topic of interest for employers offering group health insurance plans. These rebates, mandated by the Affordable Care Act (ACA), can provide financial benefits to employers and employees alike. In this article, we will explore what MLR rebates are and what employers are permitted to do with them.
Understanding Medical Loss Ratio (MLR) Rebates
The Medical Loss Ratio is a provision of the ACA that requires health insurance companies to spend a specific percentage of premium dollars on healthcare services and quality improvement activities. This percentage varies depending on the size and type of the insurance market but generally ranges from 80% in the small group health plan market to 85% in the large group health plan market (plans covering more than 50 employees). If an insurance company fails to meet this MLR requirement and spends too much on administrative and overhead costs, they must issue MLR rebates to policyholders.
Implications for Different Plan Years
MLR rebates are specific to each policy year. Therefore, employers must consider which policy year the rebate applies to when deciding how to allocate or utilize the rebate. Clear communication with employees about the rebate's source and purpose can help minimize confusion.
What Employers Are Permitted to Do with MLR Rebates
Insurers pay MLR rebates to the policyholder (which is usually the employer) by September 30 following the end of the reporting year. Employers are responsible for determining how to use any MLR rebate.
Upon receiving an MLR rebate check, employers must evaluate whether any part of the rebate qualifies as "plan assets" as defined by the Employee Retirement Income Security Act (ERISA). If employees made contributions to the overall premium for the rebate year, a segment of the MLR rebate will fall within the category of an ERISA plan asset, earmarked exclusively for the benefit of participants and not available for use by the employer. The portion of the MLR rebate resulting from employer contributions to the premium for the rebate year may be retained by the employer.
Employers have some flexibility in deciding how to use MLR rebates, but it's essential to understand the options and responsibilities:
- Rebate Allocation to Employees: Employers can choose to distribute the MLR rebates directly to eligible employees who were covered by the group health plan during the rebate year. The rebates should be distributed equitably among employees based on their share of premium contributions. The IRS provides guidance on calculating and distributing rebates fairly.
- Premium Reduction: Employers can use MLR rebates to reduce the future premium costs for current participants. This approach allows the employer to benefit active employees, only, and does not require providing rebates to former employees.
- Enhance Health Benefits: Employers may choose to enhance existing health benefits, such as adding coverage for additional services or reducing out-of-pocket expenses for employees. Employers can invest MLR rebates in wellness programs or initiatives that promote better health outcomes for employees. These programs can include gym memberships, health screenings, and educational resources. This can contribute to overall employee well-being and satisfaction.
Compliance and Communication
Employers must comply with ERISA and other applicable regulations when deciding how to allocate MLR rebates. It's crucial to communicate transparently with employees about the rebate distribution or utilization strategy chosen by the employer. Clear communication helps employees understand the benefits they receive and fosters trust.
Conclusion
Medical Loss Ratio (MLR) rebates provide employers with an opportunity to benefit both their organizations and their employees. Employers can choose from various options, such as distributing rebates to employees, reducing premiums, investing in wellness programs, or enhancing benefits. Deciding on the best approach depends on the unique needs and goals of each organization.
By making informed decisions and ensuring compliance with relevant regulations, employers can use MLR rebates to improve employee satisfaction, support their well-being, and optimize their group health insurance plans. It's essential to consult legal and benefits experts to navigate the complexities of MLR rebate management effectively.
Benefit Allocation Systems (BAS) provides best-in class, online solutions for: Employee Benefits Enrollment; COBRA; Flexible Spending Accounts (FSAs); Health Reimbursement Accounts (HRAs); Leave of Absence Premium Billing (LOA); Affordable Care Act Record Keeping, Compliance & IRS Reporting (ACA); Group Insurance Premium Billing; Property & Casualty Premium Billing; and Payroll Integration.
MyEnroll360 can Integrate with any insurance carrier for enrollment eligibility management (e.g., Blue Cross, Blue Shield, Aetna, United Health Care, Kaiser, CIGNA and many others), and integrate with any payroll system for enrollment deduction management (e.g., Workday, ADP, Paylocity, PayCor, UKG, and many others).
