With the NASE as your representative, your views are heard on Capitol Hill. The NASE monitors legislation that affects small business and the self-employed. During the 111th Congress, the NASE is urging legislators to help small businesses by focusing on these top priority issues:
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Access to Affordable Health Coverage
The NASE Position:
The National Association for the Self-Employed (NASE) strongly supports
proposals such as health care tax credits, a self-employment tax deduction on
health insurance premiums, expansion of both Health Reimbursement Arrangements
(HRAs) and Health Savings Accounts (HSAs), and pooling arrangements for small
business as important steps to creating an equitable environment for
micro-businesses and the self-employed to purchase affordable, quality health
coverage.
Many micro-business owners cannot afford the expense, in time
or money, to seek out and offer quality insurance plans for their employees. In
a 2008 survey, the NASE found that micro-businesses are spending a median of
5.5% of their total sales on health insurance benefits, an increase of 48.6%
since 2005. Additionally, this increase is most strongly felt by solo
practitioners – they are spending 28.1% more of their total sales on health
insurance compared to three years ago. As a result, a significant number of the
uninsured (60%) are owners and workers in small businesses.
Health
Care Tax Credits:
The NASE supports proposals for health care tax
credits to assist the self-employed and micro-businesses in purchasing health
insurance. Tax credits would assist individuals employed in businesses that do
not offer employer-sponsored health plans to access health insurance.
Specifically, the NASE supports a tax credit that is advanceable, allowing
eligible individuals to receive their credit every month, rather than in a lump
sum at the end of the year, to let them buy coverage without incurring extensive
costs during the year.
The credit should also be refundable, allowing
individuals that do not pay income taxes but are subject to payroll taxes to be
eligible to receive the credit as a refund from the Internal Revenue Service.
This would permit lower income workers who do not owe income taxes to receive
the full value of the tax credit. The credit could be used to purchase coverage
through the individual or group market, to buy into state purchasing pools, or
to join an insurance pool in the private sector or one established by a state
for high risk patients.
Several pieces of legislation were introduced in
the 110th Congress that would offer tax credits to micro-businesses when
purchasing health insurance, such as the Tax Equity and Affordability Act of
2007 (S. 397/ H.R. 914) and the Affordable Health Care Expansion Act (H.R.
5784). In the 111th Congress, health tax credits have been discussed extensively
as part of the health reform debate.
The NASE will continue to work with
the Coalition for Affordable Health
Coverage to gain passage of a refundable health tax credit to assist
individuals and families in purchasing health coverage.
Expansion of
Health Savings Accounts:
Health Reimbursement Arrangements are a
flexible benefit option that allows small business owners to reimburse employees
tax free for out-of-pocket medical costs, including health insurance premiums.
There are many benefits for a micro-business owner to set up an HRA for
her employees. HRAs are often set up by small businesses in coordination with a
high deductible health insurance plan. However, since many micro-business owners
are unable to afford employer-based health insurance, a key benefit of an HRA is
that they do not require the business owner to purchase a group health plan.
Thus, business owners unable to afford insurance can offer some financial
assistance to their employees.
HRAs are extremely flexible and easy for
a micro-business owner to set up and administer. This is an important feature
for a business owner who is responsible for managing every aspect of their
business. Plan designs are limitless as long as they are consistent with IRS
guidelines. A small business owner can write their own plan or obtain assistance
from numerous vendors that offer prototypes of written HRA plans.
Since
cost is such a crucial factor for micro-business when it comes to health
benefits, an HRA gives the owner consistency when it comes to benefit costs. An
HRA allows the business owner to determine the maximum amount of annual
reimbursement an employee will receive, whether the HRA funds may be rolled over
to the next year and if so, how much of an employees’ HRA funds can be rolled
over to the next year. Furthermore, the reimbursements are tax-deductible for
the business.
At present, self-employed persons are not eligible to
participate in an HRA; an inequity that negatively impacts millions of business
owners and employees. While there are a myriad of generous self-employed
business owners out there, a key rule of thumb is that an owner is unlikely to
set up a benefit for employees that he is unable to participate in as well.
An important component of HRAs is the non-discriminatory rules that
apply to them. If an HRA is set up, the benefits must apply to all employees. A
business owner is not allowed to offer the benefit to only certain employees or
allow some to have a higher amount of annual reimbursement. What is set forth in
the plan will apply to all those working in the small business. Therefore,
expansion of Health Reimbursement Arrangements to allow the self-employed
business owner to participate in the plan would likely significantly increase
the number employees of micro-businesses receiving health benefits and financial
assistance with medical costs. Additionally, HRA annual reimbursement amounts
would likely be more generous if the self-employed owner receives the same
benefit.
The NASE is working to legislation introduced in the 111th
Congress that would allow for the expansion of Health Reimbursement Arrangements
(HRAs).
Pooling Arrangements for Micro-Businesses:
The
NASE supports the creation of pooling arrangements for the self-employed and
micro-business which would improve access and choice of health coverage options
for themselves and their employees. These arrangements, would offer business
owners effective and comprehensive health care coverage by allowing them to
purchase health insurance as a collective, large group allowing them to better
negotiate with insurance providers.
In the 111th Congress, House Small
Business Chairwoman Nydia Velazquez (D-NY) and Ranking Member Sam Graves (R-MO)
have introduced the Small Business CHOICE Act (H.R. 859) which would allow small
businesses to form health insurance cooperatives. These cooperatives would
function similar to risk pools and provide insurance against high-cost or
catastrophic claims. Additionally, the bill offers a key incentive in the form
of a refundable tax credit of 65% to small businesses that choose to join a
cooperative. The bill will also allow entrepreneurs to negotiate better rates
for coverage for their employees and themselves. Self-employed individuals could
save up to $5,000 per year on health coverage costs. The NASE supports this
important legislation.
In addition, Rep. Rep. Henry E. Brown (R- S.C.)
introduced the “Small Business Empowerment Act” (S. 93). The bill would
establish a national program to make quality, affordable health insurance
available to small employers and the self-employed in a manner that will spread
risk on a national basis.
Self-Employment Tax Deduction on Health
Insurance Premiums:
The self-employed are not able to deduct the cost
of their health insurance premiums for the purposes of self-employment tax. The
self-employed are the only business entity that does not receive a full
deduction of health care costs. This inequity causes the self-employed to pay
15.3% in additional taxes. The NASE will continue our efforts with the coalition
supporting Equity for Our
Nation’s Self-Employed to actively advocate for legislation that will bring
parity to the self-employed. For more information and the legislative history of
this issue, please see our detailed position paper on this issue.