The Tonkawa Tribe of Oklahoma - Employee Benefits Center
The Tonkawa Tribe of Oklahoma - Employee Benefits Center
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Required Notices

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).  

Grandfather Notice

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.  

Health Insurance Portability and Accountability Act (HIPAA)

 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: 


  • Special enrollment periods are available during the year to you and your eligible dependents (in certain circumstances) that lose other health care coverage if you enroll within 31 days after losing the other health care coverage. 


  • If you are not enrolled for health care coverage and add an eligible dependent (i.e. marriage), you can enroll yourself and your other eligible dependents within 31 days of the event. If you add an eligible dependent (i.e. birth, adoption or placement for adoption), you can enroll yourself and your newly acquired eligible dependents within 31 days of the event. 


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. 

Changing Your Elections

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).  

In general:

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: 

  • Change in marital status: you may elect coverage for yourself and/or your newly acquired spouse or drop coverage for your spouse if you divorce, legally separate, have your marriage annulled or your spouse dies. 
  • Change in your number of dependents: you may elect coverage for your newborn, adopted child or a child placed with you for adoption. You may drop coverage if a dependent child dies. 
  • Change in employment status: you may add or drop coverage consistent with a change in employment status of you, your spouse or dependents that affect the benefit eligibility under this plan or under the employee benefit plan of your spouse or dependents. You, your spouse or dependent experience a change in employment status when any of the following occur and benefit eligibility is affected: begin or end employment, take part in a strike or lockout, begin or return from an approved leave of absence, switch from hourly to salaried, switch from union to non-union or vice versa, reduce or increase the number of hours you work or any similar change that affects your eligibility under the plan. 
  • Dependent eligibility: you may add or drop your child in the event he or she becomes or ceases to be eligible under the plan. 
  • Change in residence: you may change your coverage option if you move and it significantly affects your benefit availability. 

Additional Change in Status Events that Permit Election Changes for Health Benefits Only: 

  • Family and Medical Leave Act (FMLA) – certain election changes are permitted when you start an FMLA leave or when you return from an FMLA leave. 
  • Judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a “qualified medical child support order” or QMCSO) that requires health coverage for an Associate’s child or foster child. 
  • You, your spouse or your dependent become entitled to or lose eligibility for Medicare or Medicaid. 
  • You, your spouse or your dependent gain eligibility under another employer’s plan. 
  • A significant change in your cost for health coverage. 
  • A Change in Status that results in a “special enrollment right” under the Health Insurance Portability and Accountability Act (HIPAA). Please refer to the section below for more information. 


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. 

Special Enrollment Rights

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. 

Premium Assistance under Medicaid and the Children’s Health Insurance Program (CHIP)

 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: 

http://www.eohhs.ri.gov/ 

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: 

http://www.scdhhs.gov 

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: 

http://dss.sd.gov 

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: 

http://gethipptexas.com/ 

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) 

Family and Medical Leave Act (FMLA)

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: 


  • After the birth or adoption of your child or if a child is placed with you for adoption 
  • To care for your spouse, child or parent who has a serious health condition (including medical conditions resulting from military service) 
  • If you have a serious health condition that makes you unable to perform your job 


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.  

Mental Health Parity Act 1996 (MHPA) & Mental Health Parity and Addiction Equity Act 2008 (MHPAEA)

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.  

Newborns' and Mothers' Health Protection Act (NMHPA)

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). 

Women’s Health and Cancer Rights Act (WHCRA)

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.  

Genetic Information Nondiscrimination Act of 2008 (GINA)

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.  

Michelle’s Law

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. 

Cobra Rights Notice (pdf)

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Medicare Creditable Coverage Notification (pdf)

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