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NPN Magazine January/February 2013

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cent in 2020," Urquhart says. "Most states have not formally decided whether or not to participate. Many states hoped that the administration would permit 'partial expansion,' meaning increasing eligibility to something less than the 138 percent level provided by the ACA. However, in December 2012, the Department of Health and Human Services squelched that notion by announcing that states must fully participate in the expansion or forfeit their portion of federal funds that would have paid for the expansion. The ACA Medicaid expansion kicks in 2014. A state deciding not to participate will forfeit millions of dollars in federal funds." Currently, 18 states and the District of Columbia are generally assumed as opting for participation in Medicaid expansion and seven states have committed to a state/federal partnership to establish and run the exchanges in their states. The governments of each state will make the formal determination about participation. The ACA also provides states with the option of setting up their own insurance exchanges to provide health care insurance for those who do not qualify for Medicare or Medicaid and are not covered by an appropriate employers plan. "Specifically state-based health insurance exchanges are to be established in each state," explains Tanya Reed, a labor www.npnweb.com  n  NPN Magazine and employment attorney at Gunster in West Palm Beach, Fla.  "A health insurance exchange is an online marketplace where people can shop for private health insurance and secure federal subsidies to assist with the cost of the insurance." "For states presenting the federal government with a qualifying exchange, those states would have latitude in the structure of the exchange and its operation," Urquhart says. "The federal government will establish and operate health insurance exchanges in those states that do not present the federal government with a qualifying exchange of their own." Reed says that in 2013, the federal government and its agencies will continue to issue regulations that interpret and implement the ACA. "Employers, insurers and the states will have to carefully watch the regulations to ensure that they are prepared to be in compliance with the fully-enacted law in January 2014," Reed says. Insurance agents and legal counsel are generally good resources for questions employers may have about the Affordable Care Act. In addition, the federal government maintains a website (www.healthcare.gov/law/index.html) that provides a number of consumer-oriented and employer-oriented resources regarding the Affordable Care Act.  January/February 2013 23

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