CLASS Act

 

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October 2011 -- CRITICAL UPDATE: US Department of Health & Human Services Secretary, Kathleen Sebelius, had to finally admit that implementing the CLASS Act was a bridge too far.  Read all about it on her website (http://www.hhs.gov/secretary/letter10142011.html)

THE BALANCE OF INFORMATION ON THE CLASS Act is, due to the above CRITICAL UPDATE, somewhat now irrelevant and should only be read or considered on the basis of historical reference.
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The Community Living Assistance Services and Supports Act ("CLASS Act")

In March 2010, the Community Living Assistance Services and Supports (CLASS) Act was passed as a provision in the new health care reform law (the Patient Protection and Affordable Care Act). This new program allows for the creation of a voluntary government plan that provides some long-term care coverage.

While the program is still under review and refinement by the Department of Health and Human Services, and is not expected to be finalized until 2012, publicity about the CLASS Act is beginning to pick up. At best the program will not officially take effect until 1/1/2013 and may, in fact, be undone between now and that time since most actuarial findings show that the resources to fund and sustain such a program simply do not exist.

The CLASS Act will establish a national long-term care assistance program run by the federal government that is intended to help people pay for the cost of care when they become functionally disabled for 90 days or longer.  Employers do not have to offer this program to their employees and do not have to pay any of the costs for employees if they do offer the program.

The CLASS Program Is Expected to Work as Follows:

• Active workers earning a minimum threshold of income, ages 18 and older, are eligible to participate in the program regardless of health. Non-working individuals are not eligible.

• If an employer decides to make this program available to their employees, their workers will be automatically enrolled in the program through a payroll deduction system. Their employees will be allowed to opt out if they do not want to participate.

• Premiums will be established based on the age of the applicant. While premiums have not yet been determined, it is expected that they may be as high as $240 per month*. Low income workers will pay nominal premiums, starting at $5 per month, subject to an annual increase for inflation. Premiums are intended to remain level, but the law permits premium increases if the program needs more funding. The program will be funded by premiums and will not be supported by taxes.

• Workers must pay premiums for at least five years before becoming eligible for benefits. Alternate methods of payment will be established so that workers can continue to pay premiums if they leave their employer. Those dropping their enrollment and no longer paying premiums will not be eligible for benefits.

• Enrollments are expected to start in 2012 or 2013.

• A minimum benefit of $50 a day on average that can be used to pay for medical and non-medical services. The daily benefit amount may be higher or lower, depending on functional limitations.

• The benefit amount will be adjusted annually for inflation.

• The benefits would continue for as long as the impairment/need is present.

[*Richard S. Foster, Chief Actuary (January 8, 2010) Estimated Financial Effects of the “Patient Protection and Affordable Care Act of 2009,” as Passed by the Senate on December 24, 2009, p.14].

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