Kelley Baker kbaker@hslegalfirm.com
Karen Haase khaase@hslegalfirm.com @KarenHaase
Steve Williams
Bobby Truhe
swilliams@hslegalfirm.com @SteveisEsteban
btruhe@hslegalfirm.com @btruhe
Obamacare: Do You Hear What I Hear? Perhaps you have been hearing a lot about the Patient Protection and Affordable Care Act (aka "Obamacare") and it has you feeling like a Grinch this Christmas. We have good news this holiday season: in general, it is too early for school districts to take much concrete action related to PPACA. To date, the IRS and federal Department of Health and Human Services have not released comprehensive regulations. Nebraska schools and school attorneys, like everyone else, are playing the waiting game. There are some things we know. Generally, we know how the IRS and HHS will determine if you are an employer covered by the PPACA. We know how the penalty provisions will work, and we have a good idea of what affordable coverage in Nebraska will look like. However, there are many nuances within these determinations that must be clarified, especially for schools, which have unique employment arrangements. For the time being, our recommendation is to sit tight. At best, current guidance may provide your district with an idea of how the Act might affect your schools, but it is simply too early to know conclusively. Like many other areas of law governing school districts, we expect that there may be some unique issues under the Act. There may be regulations which apply exclusively to school districts. We must await full regulatory guidance from the federal government before any district can make a thorough analysis of its consequences under the Act. As a cautionary note, we have heard of several vendors approaching school districts claiming to have "the answers." We believe any such claims to be shortsighted given the lack of regulatory guidance on major implementation issues. Additionally, we have been in contact with representatives from EHA to ensure that we know as much as possible about the process moving forward. EHA is working to make sure you have adequate time and information to enroll any covered employees in plenty of time to comply with the law. We are aware that EHA recently began its open enrollment period. If you would like to provide health insurance to staff members that you aren't currently offering benefits to, you certainly may do so. However, this will not be your only opportunity to enroll staff members in an EHA program before the penalty provisions of PPACA take effect. We believe that taking significant action now carries the risks of the unknown, and enrolling employees before making eligibility determinations under the final regulations may amount to an unnecessary drain on district resources. We are tracking developments related to the PPACA every day. For those of you who just can't wait for detailed information, we have attached an article that summarizes