Health Accounts/Arrangements: An Expanding Role Under the Affordable Care Act?

John Marshall Law Review, Vol. 47, No. 3, 2014

NYU Review of Employee Benefits, 2014

57 Pages Posted: 6 Nov 2014

See all articles by Edward A. Morse

Edward A. Morse

Creighton University - School of Law

Date Written: May 15, 2014

Abstract

This article outlines the foundations of health-related accounts and arrangements, including tax and economic considerations affecting their role in various designs for health insurance coverage. It explores the impact of the Affordable Care Act (ACA) and related administrative guidance affecting their usage, arguing that emerging trends showing that insured patients are bearing increasingly significant levels of out-of-pocket costs suggest an expanding role for consumer-directed accounts and arrangements, albeit one clouded by looming excise taxes imposed on “excess benefit” coverage beginning in 2018. It also examines the potential to utilize health accounts/arrangements to resolve moral and ethical conflicts in healthcare policy. Building on a suggestion by Professor Zelinsky, this article argues that an expanded approach to using health accounts/arrangements could enhance freedom not only for religious employers, but also for nonreligious employers concerned about respecting the religious beliefs of their employees.

Keywords: Employee benefits, tax policy, healthcare, Affordable Care Act

JEL Classification: H2, I18, K34

Suggested Citation

Morse, Edward A., Health Accounts/Arrangements: An Expanding Role Under the Affordable Care Act? (May 15, 2014). NYU Review of Employee Benefits, 2014. Available at SSRN: https://ssrn.com/abstract=2519268

Edward A. Morse (Contact Author)

Creighton University - School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

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