EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
"Availability, Contributions, Account Balances, and Rollovers in Account-Based Health Plans" 
EBRI Notes, Vol. 29, No. 12, December 2008
PAUL FRONSTIN, Employee Benefit Research Institute (EBRI)
Email: FRONSTIN@EBRI.ORG
This paper presents findings from the 2008 EBRI Consumer Engagement in
Health Care Survey and the 2006 and 2007 EBRI/Commonwealth Fund
Consumerism in Health Care Surveys. It examines the availability of HRA
and HSA-eligible plans (so-called consumer-driven health plans or
CDHPs), as well as employer and individual contribution behavior, time
enrolled in such plans, account balances, and rollover behavior.
In 2008, 3 percent of the adult population with private health
insurance was enrolled in a health reimbursement account (HRA) or had a
high-deductible plan with a health savings account (HSA). An additional
3.6 percent were eligible for an HSA but did not have such an account.
Overall, 6.6 percent of adults with private insurance were either in a
consumer-driven health plan (CDHP) or were in a high-deductible plan
that was eligible for an HSA, but had not opened an account.
Workers with employee-only coverage and an employer contribution
have seen their annual employer contributions increase, and a majority
of workers with family coverage receive a contribution of $1,000 or
more. The percentage of individuals with employee-only coverage
contributing nothing to an HSA was 19 percent in 2008. Persons both
with and without health problems are about equally likely to contribute
to an HSA, and their contribution levels are about the same.
The amount of money that individuals have accumulated in their
accounts has grown. The percentage of individuals reporting that they
had nothing in their account declined from 14 percent in 2006 to 9
percent in 2008. The percentage of individuals reporting an account
balance of at least $1,000 increased from 25 percent in 2006 to 44
percent in 2007, and remained at 43 percent in 2008. The percentage of
persons reporting no rollover fell from 23 percent to 16 percent
between 2006 and 2008. The percentage reporting a rollover of $1,500 or
more increased from 13 percent in 2006 to 27 percent in 2008.
"Should Long Term Care Insurance (LTCI) Be Given Preferential Tax Treatment?" 
DAVID P. BERNSTEIN, affiliation not provided to SSRN
Email: spstat@yahoo.com
This paper considers whether long term care insurance (LTCI)
should receive preferences under the tax code. The analysis in this
paper supports the view that additional tax incentives should not be
used to stimulate the sale of LTCI. First, funding for long term care
should not automatically take precedence over other savings goals like
purchasing adequate life insurance, health insurance, and saving for
retirement. Second, while many experts believe that LTCI products are
substantially improved compared to products previously sold on the
market there are still significant problems with many LTCI policies on
the market. These problems include: (1) inappropriate sales of
replacement policies, (2) the risk of general premium increases, (3)
transferring policy obligations to an under-funded state organization,
(4) inflexible benefit, (5) Policy-lapse risk, (6) issues pertaining to
adverse selection, and (6) affordability. Tax incentives that stimulate
the sale of LTCI through 401(k) plans are shown to be especially
problematic because diversions of 401(k) savings for the purchase of
long term care insurance will increase the number of workers who end
their career with insufficient funds for their retirement.
"Health Care Reform: The Impact of the Regulatory Regime and Cost Sharing" 
DAVID P. BERNSTEIN, affiliation not provided to SSRN
Email: spstat@yahoo.com
Many policy makers and economists support changes to the
U.S. tax code to stimulate decreased reliance on employer sponsored
insurance. However, the tax code is not the only law impacting the
availability and price of group and non-group health insurance.
Outcomes from a health care reform designed to expand coverage by
replacing group insurance with non-group insurance depend on two
closely related policy choices - the regulation of the non-group health
care market and the amount of risk sharing. The replacement of the
current system by a non-group market with minimal regulation and
minimal or no cost sharing would benefit younger healthier insurance
applicants over sicker or older applicants. A reform with an unlimited
guarantee-issue requirement and community rating would simply mimic the
current system. Younger adults who tend to be uninsured because of cost
considerations or lack of access to employer sponsored insurance would
likely remain uninsured. A reform expanding non-group health insurance
markets is likely to include guaranteed-issue regulations, some
restrictions on underwriting designed to balance the interest of sick
versus healthy insurance applicants and cost sharing either among
insurance firms or between the insurance industry and the government.
Cost sharing is necessary to make guarantee-issue rules and rate
regulations economically viable. Proposals to fund tax credits for the
non-group market through cuts in Medicaid will increase the risk pool
of applicants for private insurance and complicate the twin objectives
of providing health care to both sick and healthy individuals.
"Pay or Play Programs and ERISA Section 514: Proposals for Amending the Statutory Scheme" 
CHRISTEN LINKE YOUNG, affiliation not provided to SSRN
ERISA section 514 preempts many state and local "pay or
play" laws, which mandate employer contributions to their employees'
health insurance. Given the attention that health insurance received in
the presidential election cycle, there is a reasonable likelihood of
legislative action to achieve a national "pay or play" health care
program in the coming years. But a national bill will leave gaps that
states and localities may be able to fill - if they were not preempted
by ERISA. Therefore, the negotiation of a national health insurance
program should address ERISA preemption in order to enable state
experimentation. The Note proposes and evaluates a number of options to
amend section 514, ranging from targeted statutory changes to federal
agency discretion to "de-preempt" state and local pay or play laws.
"Realities of Health Policy in North America: Government is the Problem, Not the Solution" 
Economic Affairs, Vol. 28, Issue 4, pp. 10-15, December 2008
BRETT SKINNER, affiliation not provided to SSRN
Healthcare systems in North America are sometimes criticised
as being expensive or socially irresponsible relative to comparable
systems in OECD (Organisation for Economic Co-operation and
Development) countries or regions. These perceived health system
failures are often mistakenly attributed to greater private sector
involvement in the delivery of medical care or the provision of medical
insurance in Canada and the USA. However, the exact nature and scope of
state involvement in the healthcare sector in Canada and the USA is
also often misunderstood and underestimated. This paper presents a
fact-based context for evaluating health policy in North America.
"When Does Money Matter?: How Health Status Affects the Marginal Utility of Income" 
DAVID KAMIN, New York University - School of Law
Email: kamin@nyu.edu
This analysis explores how health status affects the
marginal utility of income. To analyze this question, I employ a new
survey of subjective well-being, the Princeton Affect and Time Survey
(PATS), which asks people to report the strength of a number of
different emotions as they went about their activities of the previous
day. Based on findings from PATS, I conclude that the marginal utility
of income is significantly higher for those who report being not
satisfied with their health in terms of average levels of pain,
sadness, and stress as experienced during the waking day and, also,
when measured in terms of a more comprehensive misery index. Having a
reported disability that limits the kind or amount of work in which a
person can engage has a much weaker relationship with the marginal
utility of income, although there is some evidence that this too
increases the marginal utility of income especially in terms of pain
reduction. Still, any such positive relationship between disability and
the marginal utility of income, as measured in this study, appears
limited to those who report both having a disability and being not
satisfied with their health. Finally, this study concludes that this
positive relationship between poor health status and a higher marginal
utility of income is largely limited to those near the bottom of the
income spectrum.
"Cumulative Effects of Job Characteristics on Health" 
JASON M. FLETCHER, Yale University - School of Public Health
Email: jason.fletcher@yale.edu
JODY L. SINDELAR, Yale University - School of Public Health, National Bureau of Economic Research (NBER)
Email: jody.sindelar@yale.edu
SHINTARO YAMAGUCHI, McMaster University - Department of Economics
Email: yamtaro@mcmaster.ca
We present what we believe are the best estimates of how job
characteristics of physical demands and environmental conditions affect
individual's health. Five-year cumulative measures of these job
characteristics are used to reflect findings in the physiologic
literature that cumulative exposure is most relevant for the impact of
hazards and stresses on health. Using data from the Panel Study of
Income Dynamics we find that individuals who work in jobs with the
'worst' conditions experience declines in their health, although this
effect varies by demographic group. For example, for non-white men, a
one standard deviation increase in cumulative physical demands
decreases health by an amount that offsets an increase of two years of
schooling or four years of aging. Job characteristics are found more
detrimental to the health of females and older workers. These results
are robust to inclusion of occupation fixed effects, health early in
life and lagged health.
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