Health Care Reform
The new federal health reform law focuses on establishing new state based mechanisms for obtaining coverage and for establishing federal standards to oversee benefit designs and costs of coverage. Most of the significant reforms, including Exchanges and guarantee issue requirements, became effective in 2014. Other less significant reforms have already been implemented with the 2011, 2012 and 2013 plan years. Some of the recent changes to health plan benefits include the elimination of pre-existing conditions, no life-time limits or annual limits on certain plan benefits, as well as requiring individuals to purchase health insurance (or be subject to possible penalties when filing your tax return).
Tonkawa Tribe of Oklahoma has retained the plan of benefits that was in effect when the Affordable Care Act was passed. By maintaining a “grandfathered health plan” under the Affordable Care Act, a health plan can preserve certain basic health coverage that was already in effect when the law was enacted. Being a grandfathered health plan means your policy may not include certain consumer protections of the Affordable Care Act that apply to other plans. However, grandfathered health plans must comply withcertain other consumer protections in the Affordable Care Act. We will keep you advised as health care reform impacts our company benefits and the choices and options you may be eligibleto consider in the future.
Questions regarding which protections apply and which protections do not apply to a grandfathered health plan and what might cause a plan to change from grandfathered health plan status can be directed to the Benefits Department at 580-448-3100. You may also contact the Employee Benefits Security Administration, U.S. Department of Labor at 1-866-444-3272 orwww.dol.gove/ebsa/healthreform. This website has a table summarizing which protections do and donot apply to grandfathered health plans.
The Health Insurance Portability and Accountability Act ("HIPAA") deals primarily with how Tonkawa Tribe of Oklahoma. can enforce eligibility and enrollment for health care benefits. Examples of some of the HIPAA requirements include:
The Plan will not base eligibility rules or waiting periods on any of the following factors: health status, mental or physical medical condition, and genetic information, evidence of insurability or disability.
Evidence of insurability will not be required when health care coverage is requested during a special enrollment period or during an annual enrollment. However, the Plan may continue to provide for the exclusion of specified health conditions and apply lifetime maximums on either specific benefits or all benefits provided under the Plan. These restrictions also do not preclude the Plan from applying differing benefit levels, benefit schedules or premium rates in certain situations as provided under HIPAA.
In general, your annual pre-tax benefit elections are irrevocable for the plan year, January 1, 2018 through December 31, 2018. However, if you experience a Change in Status or special enrollment event that directly affects your eligibility for coverage; you may change your election within 31 days of the event. Under limited circumstances, an election change based solely on a Change in Status must be consistent with your Change in Status (i.e. if a child is born to you, you add coverage for that child).
Change in Status events provide more opportunities for you to make an election change than do special enrollment rights.
If your event could be considered both a Change in Status event and a special enrollment right, you may make any change allowed by either a Change in Status or special enrollment right.
Contact the Tonkawa Tribe of Oklahoma Benefits Department at 580-448-3100, for more information on the requirements for making an election change based on a Change in Status event or special enrollment right.
Change in Status Events that Permit Election Changes for Health Benefits and Life Insurance Benefits:
Additional Change in Status Events that Permit Election Changes for Health Benefits Only:
You must complete a Change Form and return it to the Tonkawa Tribe of Oklahoma Benefits Department within 31 days of the Change in Status. If you miss this 31 day period, you will not be able to change your coverage until the following Annual Enrollment period, unless you have another Change in Status that affects your eligibility under the plan.
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you may be entitled to enroll in a group health plan at times other than initial eligibility or the Annual Enrollment period. You have special enrollment rights if you and/or your eligible dependents lose other group health coverage or you gain a new dependent. If either of these events occurs, you must enroll within the 31 day time limit explained here or you will lose your special enrollment rights for that event.
If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance or group health plan coverage, you may be able to enroll yourself and your dependents in the medical and/or dental plan if you or your dependents lose eligibility for that other coverage (or if the employer stops contributing towards your or your dependents’ other coverage). However, you must request enrollment within 31 days after your or your dependents’ other coverage ends (or after the employer stops contributing toward the other coverage).
Loss of eligibility does not include a loss of coverage that occurs because you fail to pay premiums on a timely basis, if your other coverage is terminated for cause or your voluntary termination of COBRA continuation coverage.
In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself or your dependents. However, you must request enrollment within 31 days after the marriage, birth, adoption or placement for adoption.
You must request enrollment in the medical and/or dental plan no later than 31 days after the event giving rise to your special enrollment right, by completing and returning a new Benefit Enrollment and Change Form. If you fail to request enrollment within the 31 day time period, you and your dependents will lose the special enrollment rights for that event.
If your special enrollment right occurs because you lost other coverage or married, your enrollment is effective on the first day of the month after your Benefits Department receives your properly completed Change Form. If your special enrollment right occurs because of a new dependent child, coverage is effective on the date of the birth, adoption or placement for adoption.
If you or your dependent is eligible, but not enrolled, for health coverage under the Tonkawa Tribe of Oklahoma medical plan, you and/or your dependent may enroll in the plan if (i) your Medicaid or CHIP coverage is terminated as a result of loss of eligibility or (ii) you and/or your dependent become eligible for premium assistance under Medicaid or CHIP. However, to be eligible for this special enrollment opportunity, you must request coverage under the group health plan within 60 days after the date you and/or your dependent become eligible for premium assistance under Medicaid or CHIP or the date you or your dependent’s Medicaid or state-sponsored CHIP coverage ends. For more information on Medicaid and CHIP, please see the section below entitled Medicaid/CHIP.
To request enrollment due to a special enrollment right or obtain more information, contact the Tonkawa Tribe of Oklahoma Benefits Department at 580-448-3100.
If you or your children are eligible for Medicaid or CHIP and you are eligible for health coverage from your employer, your State may have a premium assistance program that can help pay for coverage. These States use funds from their Medicaid or CHIP programs to help people who are eligible for these programs, but also have access to health insurance through their employer. If you or your children are not eligible for Medicaid or CHIP, you will not be eligible for these premium assistance programs, but you may be able to buy individual insurance coverage through the Health Insurance Marketplace. For more information, visit www.healthcare.gov.
If you or your dependents are already enrolled in Medicaid or CHIP and you live in a State listed below, you can contact your State Medicaid or CHIP office to find out if premium assistance is available.
If you or your dependents are NOT currently enrolled in Medicaid or CHIP and you think you or any of your dependents might be eligible for either of these programs, you can contact your State Medicaid or CHIP office or dial 1-877-KIDS NOW or www.insurekidsnow.gov to find out how to apply. If you qualify, you can ask the State if it has a program that might help you pay the premiums for an employer-sponsored plan.
Once it is determined that you or your dependents are eligible for premium assistance under Medicaid or CHIP, as well as eligible under your employer plan, your employer must permit you to enroll in your employer plan if you are not already enrolled. This is called a “special enrollment” opportunity and you must request coverage within 60 days of being determined eligible for premium assistance. If you have questions about enrolling in your employer plan, you can contact the Department of Labor electronically at www.askebsa.dol.gov or by calling toll-free 1-866-444-EBSA (3272).
If you live in one of the following States, you may be eligible for assistance paying your employer health plan premiums. The following list of States is current as of January 31, 2016. You should contact your State for further information on eligibility.
ALABAMA – Medicaid
COLORADO – Medicaid
Website: http://www.medicaid.alabama.gov 580-448-3100: 1-855-692-5447
Medicaid Website: http://www.colorado.gov/ Medicaid 580-448-3100: 1-800-221-3943
ALASKA – Medicaid
Website: http://health.hss.state.ak.us/dpa/programs/medicaid/ 580-448-3100 (Outside of Anchorage): 1-888-318-8890
580-448-3100 (Anchorage): 907-269-6529
FLORIDA – Medicaid
Website: https://www.flmedicaidtplrecovery.com/ 580-448-3100: 1-877-357-3268
GEORGIA – Medicaid
Website: http://dch.georgia.gov/
Click on Programs, then Medicaid, then Health Insurance Premium Payment (HIPP)
580-448-3100: 404-656-4507
MONTANA – Medicaid
Website: http://dphhs.mt.gov/MontanaHealthcarePrograms/HIPP
580-448-3100: 1-800-694-3084
INDIANA – Medicaid
NEBRASKA – Medicaid
Healthy Indiana Plan for low-income adults 19-64
Website:
Website: http://www.hip.in.gov
http://dhhs.ne.gov/Children_Family_Services/AccessNebraska/Pages/accessnebra
580-448-3100: 1-877-438-4479
ska_index.aspx
580-448-3100: 1-855-632-7633
All other Medicaid
Website: http://www.indianamedicaid.com
580-448-3100 1-800-403-0864
IOWA – Medicaid
NEVADA – Medicaid
Website: www.dhs.state.ia.us/hipp/ 580-448-3100: 1-888-346-9562
Website: http://dwss.nv.gov/ 580-448-3100: 1-800-992-0900
KANSAS – Medicaid
Website: http://www.kdheks.gov/hcf/ 580-448-3100: 1-785-296-3512
KENTUCKY – Medicaid
NEW HAMPSHIRE – Medicaid
Website: http://chfs.ky.gov/dms/default.htm 580-448-3100: 1-800-635-2570
Website: http://www.dhhs.nh.gov/oii/documents/hippapp.pdf 580-448-3100: 603-271-5218
LOUISIANA – Medicaid
NEW JERSEY – Medicaid and CHIP
Website: http://dhh.louisiana.gov/index.cfm/subhome/1/n/331
580-448-3100: 1-888-695-2447
Medicaid Website: http://www.state.nj.us/humanservices/ dmahs/clients/medicaid/
Medicaid 580-448-3100: 609-631-2392
CHIP Website: http://www.njfamilycare.org/index.html CHIP 580-448-3100: 1-800-701-0710
MAINE – Medicaid
Website: http://www.maine.gov/dhhs/ofi/public-assistance/index.html
580-448-3100: 1-800-442-6003
TTY: Maine relay 711
MASSACHUSETTS – Medicaid and CHIP
NEW YORK – Medicaid
Website: http://www.mass.gov/MassHealth 580-448-3100: 1-800-462-1120
Website: http://www.nyhealth.gov/health_care/medicaid/ 580-448-3100: 1-800-541-2831
MINNESOTA – Medicaid
NORTH CAROLINA – Medicaid
Website: http://mn.gov/dhs/ma/ 580-448-3100: 1-800-657-3739
Website: http://www.ncdhhs.gov/dma 580-448-3100: 919-855-4100
MISSOURI – Medicaid
NORTH DAKOTA – Medicaid
Website: http://www.dss.mo.gov/mhd/participants/pages/hipp.htm 580-448-3100: 573-751-2005
Website: http://www.nd.gov/dhs/services/medicalserv/medicaid/ 580-448-3100: 1-844-854-4825
Oklahoma – Medicaid and CHIP
Utah – Medicaid and CHIP
Website:
http://www.insureoklahoma.org 580-448-3100: 1-888-365-3742
Website:
Medicaid: http://health.utah.gov/medicaid CHIP: http://health.utah.gov/chip
580-448-3100: 1-877-543-7669
Oregon - Medicaid
Vermont - Medicaid
Website:
http://www.oregonhealthykids.gov http://www.hijossaludablesoregon.gov 580-448-3100: 1-800-699-9075
Website:
http://www.greenmountaincare.org/ 580-448-3100: 1-800-250-8427
Pennsylvania - Medicaid
Virginia – Medicaid and CHIP
Website:
http://www.dhs.state.pa.us/hipp 580-448-3100: 1-800-692-7462
Medicaid Website:
http://www.coverva.org/programs_premium_assistance. cfm Medicaid 580-448-3100: 1-800-432-5924
CHIP Website: http://www.coverva.org/programs_premium_assistance. cfm
CHIP 580-448-3100: 1-855-242-8282
Rhode Island - Medicaid
Washington - Medicaid
Website:
580-448-3100: 401-462-5300
Website: http://www.hca.wa.gov/medicaid/premiumpymt/pages/
index.aspx
580-448-3100: 1-800-562-3022 ext. 15473
South Carolina - Medicaid
West Virginia - Medicaid
Website:
580-448-3100: 1-888-549-0820
Website: http://www.dhhr.wv.gov/bms/Medicaid%20Expansion/
Pages/default.aspx
580-448-3100: 1-877-598-5820, HMS Third Party Liability
South Dakota - Medicaid
Wisconsin – Medicaid and CHIP
Website:
580-448-3100: 1-888-828-0059
Website:
https://www.dhs.wisconsin.gov/badgercareplus/p- 10095.htm 580-448-3100: 1-800-362-3002
Texas - Medicaid
Wyoming - Medicaid
Website:
580-448-3100: 1-800-440-0493
Website:
https://wyequalitycare.acs-inc.com/ 580-448-3100: 307-777-7531
To see if any more States have added a premium assistance program since January 31, 2016, or for more information on special enrollment rights, you can contact either:
U.S. Department of LaborU.S. Department of Health and Human Services Employee Benefits Security AdministrationCenters for Medicare & Medicaid Services
www.dol.gov/ebsawww.cms.hhs.gov
1-866-444-EBSA (3272)1-877-267-2323, Menu Option
4, Ext. 61565
OMB Control Number 1210-0137 (Expires 10/31/2016)
Under the Family and Medical Leave Act (FMLA), you may be eligible for up to 12 weeks of unpaid leave for certain family and medical reasons and continue your benefits at active employee rates. You are eligible for FMLA leave if you have been employed by Tonkawa Tribe of Oklahoma for at least one year and worked at least 1,250 hours over the previous 12 months.
You may be eligible to take FMLA leave:
You may choose to either continue benefits on the same basis as if you continued working (were an active employee) or revoke your health benefit election (i.e. cancel your benefits) while you are on FMLA leave. If you revoke your benefit election while on FMLA leave, your election can be reinstated when you return to work. If you continue your benefits while on FMLA leave, you must pay your share of the cost for your benefits coverage during your period of FMLA leave. If your leave is unpaid (or paid and does not cover the entire cost), you are responsible for paying your portion of the premiums directly to the insurer. If you fail to make a premium payment, your coverage will be terminated. If your coverage terminates while you are on FMLA leave, your coverage can resume when you return from your FMLA leave of absence. For more information about FMLA leave and your benefit coverage while on FMLA leave, please contact Tonkawa Tribe of Oklahoma Benefits Department.
The Tonkawa Tribe of Oklahoma medical plan complies with the Mental Health Parity Act of 1996 (“MHPA”). Pursuant to such compliance, the annual and lifetime limits on Mental Health Benefits, if any, will not be less than the annual and lifetime plan limits on other types of medical and surgical services (if any limits apply). The plan does utilize cost containment methods, applicable for Mental Health Benefits, including cost-sharing, limits on the number of visits or days of coverage, and other terms and conditions that relate to the amount, duration and scope of Mental Health Benefits.
The Tonkawa Tribe of Oklahoma medical plan will comply with all required provisions of the Newborns’ and Mothers’ Health Protection Act of 1996 (NMHPA) with respect to health benefits provided under this plan. The plan will not restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery or less than 96 hours following a cesarean section. You only need to pre-certify maternity hospital stays if the hospital stay will be longer than the periods specified above. However, you must still pre-certify any hospital admission during your pregnancy that is not due to delivery or is in excess of the applicable timeframes outlined above. In addition, the plan will not require that a provider obtain authorization from the plan and insurer for prescribing a length of stay not in excess of the above periods. However, the NMHPA generally does not prohibit the mother’s or newborn’s attending provider, after consulting with and obtaining consent from the mother, from discharging the mother and/or her newborn earlier than 48 hours (or 96 hours as applicable).
The Tonkawa Tribe of Oklahoma medical plan complies with all required provisions of the Women’s Health and Cancer Rights Act of 1998 (WHCRA) with respect to health benefits provided under this plan. The plan will cover certain breast reconstruction and other benefits in connection with a mastectomy. If you elect breast reconstruction in connection with a mastectomy, coverage is available in a manner determined in consultation with you and your physician for (1) all stages of reconstruction of the breast on which the mastectomy was performed, (2) surgery and reconstruction of the other breast to produce a symmetrical appearance, (3) prosthesis and (4) treatment of physical complications for all stages of mastectomy, including lymphedemas. Such coverage remains subject to the terms of the Plan, including normal deductible, copay and coinsurance provisions.
The Tonkawa Tribe of Oklahoma medical plan will comply with all required provisions of GINA with respect to health benefits and coverage under this plan. The plan will not discriminate on the basis of genetic information, including information about manifestation of a disease or disorder in a family, in addition to information about genetic tests. Furthermore, genetic information will not be requested or required for underwriting purposes or before enrollment, participants and covered dependents will not be required to undergo genetic testing and genetic information will not be used to adjust premiums or contributions for groups under the Tonkawa Tribe of Oklahoma medical plan. However, the plan and/or employer may use, in accordance with GINA, a minimum necessary amount of genetic testing results in order to make a determination about a claim payment where such information is necessary and/or required. For more information about GINA, please contact your Benefits Department.
Subject to future regulations and the Affordable Care Act, the Tonkawa Tribe of Oklahoma medical plan will comply with all required provisions of Michelle’s Law with respect to health benefits provided under this plan to dependent children over the age of 18 who are enrolled in an institution of higher education on a full-time basis. If the dependent child is enrolled on a full-time basis and subsequently loses his/her full-time status at his/her institution of higher education as a result of taking a “medically necessary leave of absence” (as defined under Michelle’s Law) due to a serious illness or injury, coverage for the dependent under the Tonkawa Tribe of Oklahoma medical plan will not terminate until the earlier of (i) the date that is one year after the first day of the medically necessary leave of absence or (ii) the date coverage would otherwise terminate under the plan. The student/dependent on leave is entitled to the same benefits as if he/she had not taken a leave. If coverage changes during the student’s leave, then this law applies in the same manner as the prior coverage.
Please note that under the Affordable Care Act, group health plans and issuers are generally required to provide dependent coverage to age 26 regardless of student status of the dependent. Nonetheless, under some circumstances, such as a plan that provides dependent coverage beyond age 26, Michelle's Law provisions may apply. For more information about Michelle’s Law and your dependent’s benefit coverage under Michelle’s Law, please contact the Tonkawa Tribe of Oklahoma Benefits Department.
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