Common use of Reopener and Responsibilities of Parties as a Result of ACA Clause in Contracts

Reopener and Responsibilities of Parties as a Result of ACA. The County may reopen negotiations on this Article and other provisions of the MOU (e.g., Optional Benefits program in Article VII, Section 4, Flexible Spending Accounts in Article XX), for purposes of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg., modification of benefits). The Parties acknowledge that ACLEM members are enrolled in health plans administered by AOCDS. The parties are uncertain about the issues referred to above, but expect that these issues will be addressed in future negotiations between the County and AOCDS. ACLEM agrees to be bound by any agreements between the County and AOCDS reached as to these issues with the understanding that it may be necessary to modify any such agreements to reflect differences that exist between the bargaining units regarding levels of payments made, etc. ACLEM agrees to ensure that the County receives any and all information necessary for the County to complete reporting under IRC sections 6055 and 6056 or other reporting as required by the Patient Protection and Affordable Care Act or any other state or federal requirements. If any fees, assessments or penalties are charged to the County (as the employer) as a result of any failure to meet the health care reform requirements outlined above in conjunction with the health care benefits provided by the AOCDS medical plan Trust, ACLEM agrees to be bound by any agreement reached between the County and AOCDS regarding payment of said fees, assessments or penalties. For the purposes of distributing any potential rebates received under the Minimum Loss Ratio rules, the County will use any such rebates to reduce the premium share for members covered by the benefit plan or option generating the rebate.

Reopener and Responsibilities of Parties as a Result of ACA. The County may reopen negotiations on this Article and other provisions of the MOU (e.g., Optional Benefits program in Article VII, Section 4, Flexible Spending Accounts in Article XX), for purposes of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg.e.g., modification of benefits). The Parties acknowledge that ACLEM members are enrolled in health plans administered by AOCDS. The parties are uncertain about the issues referred to above, but expect that these issues will be addressed in future negotiations between the County and AOCDS. ACLEM agrees to be bound by any agreements between the County and AOCDS reached as to these issues with the understanding that it may be necessary to modify any such agreements to reflect differences that exist between the bargaining units regarding levels of payments made, etc. ACLEM agrees to ensure that the County receives any and all information necessary for the County to complete reporting under IRC sections 6055 and 6056 or other reporting as required by the Patient Protection and Affordable Care Act or any other state or federal requirements. If any fees, assessments or penalties are charged to the County (as the employer) as a result of any failure to meet the health care reform requirements outlined above in conjunction with the health care benefits provided by the AOCDS medical plan Trust, ACLEM agrees to be bound by any agreement reached between the County and AOCDS regarding payment of said fees, assessments or penalties. For the purposes of distributing any potential rebates received under the Minimum Loss Ratio rules, the County will use any such rebates to reduce the premium share for members covered by the benefit plan or option generating the rebate.

Reopener and Responsibilities of Parties as a Result of ACA. The County may reopen negotiations on this Article and other provisions of the MOU (e.g., Optional Benefits program in Article VII, Section 4, Flexible Spending Accounts in Article XX), for purposes of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg., modification of benefits). The Parties acknowledge that ACLEM members are enrolled in health plans administered by AOCDS. The parties are uncertain about the issues referred to above, but expect that these issues will be addressed in future negotiations between the County and AOCDS. ACLEM agrees to be bound by any agreements between the County and AOCDS reached as to these issues with the understanding that it may be necessary to modify any such agreements to reflect differences that exist between the bargaining units regarding levels of payments made, etc. ACLEM agrees to ensure that the County receives any and all information necessary for the County to complete reporting under IRC sections 6055 and 6056 or other reporting as required by the Patient Protection and Affordable Care Act or any other state or federal requirements. If any fees, assessments or penalties are charged to the County (as the employer) as a result of any failure to meet the health care reform requirements outlined above in conjunction with the health care benefits provided by the AOCDS medical plan Trust, ACLEM agrees to be bound by any agreement reached between the County and AOCDS regarding payment of said fees, assessments or penalties. For the purposes of distributing any potential rebates received under the Minimum Loss Ratio rules, the County will use any such rebates to reduce the premium share for members covered by the benefit plan or option generating the rebate.

Reopener and Responsibilities of Parties as a Result of ACA. The County may reopen negotiations on this Article and other provisions of the MOU (e.g., Optional Benefits program in Article VII, Section 4, Flexible Spending Accounts in Article XX), for purposes of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg., modification of benefits). The Parties acknowledge that ACLEM members are enrolled in health plans administered by AOCDS. The parties are uncertain about the issues referred to above, but expect that these issues will be addressed in future negotiations between the County and AOCDS. ACLEM agrees to be bound by any agreements between the County and AOCDS reached as to these issues with the understanding that it may be necessary to modify any such agreements to reflect differences that exist between the bargaining units regarding levels of payments made, etc. ACLEM agrees to ensure that the County receives any and all information necessary for the County to complete reporting under IRC sections 6055 and 6056 or other reporting as required by the Patient Protection and Affordable Care Act or any other state or federal requirements. If any fees, assessments or penalties are charged to the County (as the employer) as a result of any failure to meet the health care reform requirements outlined above in conjunction with the health care benefits provided by the AOCDS medical plan Trust, ACLEM agrees to be bound by any agreement reached between the County and AOCDS regarding payment of said fees, assessments or penaltiespenaltie. For the purposes of distributing any potential rebates received under the Minimum Loss Ratio rules, the County will use any such rebates to reduce the premium share for members covered by the benefit plan or option generating the rebate.