
In 1996, the Health Insurance Portability and Accountability Act, or HIPAA, was passed by Congress to protect sensitive patient health information. This federal law prohibits health information from being shared without the patient's consent or knowledge. Generally, insurance companies can request medical records for underwriting purposes, but they cannot share this information with employers without the patient's authorization. However, there is an exception for self-funded plans, where employers act as the insurer and have access to all information on a claim.
| Characteristics | Values |
|---|---|
| Can insurance companies access private medical information to determine coverage eligibility or cost? | No |
| Can insurance companies request medical records? | Yes, from the past five to seven years for underwriting purposes |
| Can insurance companies access some parts of medical records? | Yes, but only those necessary for their job |
| Can insurance companies share personal medical information with each other? | Yes, with consent and for purposes like fraud prevention and coordinating benefits |
| Can employers access medical history for insurance purposes? | Yes, with consent |
| Can employers require health information? | Yes, for employee benefits enrollment and sick leave, workers' compensation, wellness programs, or health insurance |
| Can employers see health insurance claims or medical records? | No |
| Can employers access aggregated data? | Yes, for example, the total amount of money their insurer spent to cover employees |
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What You'll Learn
- Employers can reimburse employees for health insurance premiums through a QSEHRA or ICHRA
- Employers with 50+ full-time employees must provide health insurance to 95% of full-time employees
- Employers cannot directly pay for employee health insurance premiums but can reimburse tax-free
- Employees can continue receiving group health coverage after leaving a company, if they pay the premium
- Employers can decide to offer health insurance to different groups of employees

Employers can reimburse employees for health insurance premiums through a QSEHRA or ICHRA
In the United States, employers can reimburse employees for health insurance premiums through a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA) or an Individual Coverage Health Reimbursement Arrangement (ICHRA). Both are types of Health Reimbursement Plans (HRAs) that allow employers to provide affordable and personalised health benefits to their employees. However, they differ in the size of the businesses they cater to and the contribution limits.
QSEHRA is designed for small businesses that do not offer traditional group health insurance plans. It allows employers to reimburse employees for health insurance premiums and other qualified medical expenses, such as coinsurance. Employers can set annual maximum contribution limits, which are determined by the IRS. For 2023, the maximum employer contribution is $5,850 for individual coverage and $11,800 for family coverage. Employees first pay for their health care costs and then submit proof of payment to their employer for tax-free reimbursement.
On the other hand, ICHRA is available to employers of any size, including large companies, and offers more flexibility in terms of reimbursement amounts. Unlike QSEHRA, there are no federal limits set by the IRS on ICHRA contributions, allowing employers to decide how much they want to contribute. Employers can vary their contributions based on family status, typically offering higher reimbursements for employees with dependents or family coverage. ICHRA can be used to satisfy the employer mandate as long as it makes an individual health insurance plan affordable.
It is important to note that employees must be enrolled in an individual market health plan or Medicare to be eligible for reimbursement under both QSEHRA and ICHRA. These plans allow employees to choose their coverage and provide additional plan choices without the employer having to manage group health plan coverage. Additionally, employees who become eligible for reimbursement under these plans may also qualify for a special enrollment period to enroll in or change their individual health insurance coverage.
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Employers with 50+ full-time employees must provide health insurance to 95% of full-time employees
In the United States, employers are not legally required to provide health insurance to their employees. However, there are certain situations in which employers must provide health insurance coverage. One such situation is outlined in the Affordable Care Act (ACA), which states that employers with 50 or more full-time employees (including full-time equivalents) must offer health insurance to 95% of their full-time employees and their children up to the age of 26. This is known as the employer mandate, which took effect in 2016 for businesses with at least 50 full-time employees.
Employers who fail to meet this requirement are subject to penalties, with a potential fine of $2,570 per full-time employee in 2024 (this amount started at $2,000 and is indexed for inflation). The penalty is only triggered if at least one employee obtains coverage in the exchange (marketplace) and receives a premium subsidy. It is important to note that the penalty also applies if the employer offers coverage but the plan does not provide "minimum value" or is not considered "affordable".
To be considered "affordable", employee contributions for employee-only coverage should not exceed a certain percentage of an employee's household income (8.39% in 2024 and 9.02% in 2025). The cost of self-only coverage is considered affordable if it is less than the indexed percentage of the employee's W-2 wages or monthly wages.
There are various options for employers to provide health insurance to their employees. One option is to purchase a group policy, which offers coverage to employees and their dependents. Employees can choose to enrol or decline coverage, and most plans require a minimum participation rate of 70%. In this scenario, the employer and employee split the health insurance premiums. Alternatively, employers can opt for a Health Reimbursement Arrangement (HRA), which allows them to reimburse employees for their individual health plan coverage on a tax-free basis. This includes reimbursements for insurance premium costs and other medical expenses.
While the ACA has set standards for employers to follow, it is important to note that each state may have its own rules and regulations regarding health insurance. Additionally, certain employees, such as seasonal workers, contractors, or those working fewer than 30 hours per week, may not qualify for health benefits, regardless of the company's size.
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Employers cannot directly pay for employee health insurance premiums but can reimburse tax-free
In the United States, the implementation of the Affordable Care Act (ACA) meant that employers could no longer reimburse their employees for individual health insurance premiums. However, the 21st Century Cures Act of 2016 re-established health reimbursement arrangements (HRAs) as a flexible way for employers to reimburse their employees for health insurance premiums on a tax-free basis.
A health reimbursement arrangement (HRA) is an employer-sponsored health benefit that allows employees to receive reimbursements for health insurance premiums and other qualified out-of-pocket medical costs, such as prescription drugs and doctor visits, without being taxed. With an HRA, eligible employees buy their own individual health plan coverage through a public or private exchange and submit proof of purchase for reimbursement. The employer then reimburses the employee up to their allowance amount, typically through their paycheck with pre-tax dollars. It is important to note that only the employer can fund an HRA, and unused funds at the end of the plan year remain with the employer.
While employers cannot directly pay for their employees' health insurance plans, they can offer salary increases to cover the expense. Additionally, employers can provide a health stipend, which is a fixed, taxable amount of money to help employees pay for health insurance and other medical expenses. However, stipends have guidelines and tax regulations that must be followed to reimburse employees compliantly.
Regardless of whether an employer administers a health insurance plan or uses a contractor, they must implement HIPAA protocols and appoint employees who may view the data under minimum-use standards. HIPAA regulations protect employees' health information from unauthorized sharing, and employers must comply with privacy regulations to ensure that any health information shared is done with proper authorization.
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Employees can continue receiving group health coverage after leaving a company, if they pay the premium
In the United States, the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their families who lose their health benefits the option to continue receiving group health coverage for a limited time after leaving a company. This applies in instances of voluntary or involuntary job loss, reduction in hours worked, transition between jobs, death, divorce, and other life events.
COBRA generally applies to private sector group health plans maintained by employers with at least 20 employees. Both full- and part-time employees are counted, with each part-time employee counting as a fraction of a full-time employee. For example, if a company's full-time employees work 40 hours per week, a part-time employee working 20 hours per week counts as half of a full-time employee.
Qualified individuals may be required to pay the entire premium for coverage, up to 102% of the plan's cost, which includes the costs paid by both the employee and the employer, plus an additional 2% for administrative costs. The plan must allow beneficiaries to pay the required premiums on a monthly basis if requested and may allow payments at other intervals, such as weekly or quarterly.
If an employee fails to make the required premium payments while on Family and Medical Leave (FMLA), the employer must still restore the employee to equivalent coverage upon their return, including any family or dependent coverage. However, plans can terminate continuation coverage if full payment is not received before the end of a grace period, typically 30 days. Before terminating coverage, the employer must provide a notice at least 15 days in advance, specifying that coverage will be dropped if payment is not received by the due date.
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Employers can decide to offer health insurance to different groups of employees
In general, employers are not required by law to provide health insurance to their employees. However, under the Affordable Care Act (ACA), employers with 50 or more full-time employees must provide health insurance coverage to at least 95% of their full-time employees or pay a penalty to the IRS. This means that smaller companies are not mandated to offer health insurance coverage.
There are several ways in which employers can provide health insurance to their employees. One way is through a group health plan, where the employer purchases a group policy and offers coverage to employees and their dependents. Employees have the option to enrol or decline coverage, and the employer and employee typically split the health insurance premiums. Alternatively, employers can use a Qualified Small Employer HRA (QSEHRA) or an Individual Coverage HRA (ICHRA) to reimburse employees for their individual health insurance premiums instead of offering group coverage. This allows employees to choose a plan that best fits their needs while still receiving financial assistance from their employer.
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Frequently asked questions
No, insurance companies cannot give your medical information to your employer without your consent. However, there is an exception. If your employer is self-insured, they are the insurer, and they have access to the information.
Your health insurance company has access to some parts of your medical records, specifically those necessary for its function. Most of the information they can view is related to payment processing and eligibility.
Yes, your employer can ask your healthcare provider for your medical information, but the provider cannot give this information to your employer without your authorization unless other laws require them to.


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