By Mary Drier
Staff Writer
CARO — Onna Clinesmith of Vassar chastised the Tuscola County’s five Republican commissioners for even considering participating in the Affordable Care Act (ACA) health insurance. ACA is also referred to as “Obamacare” after Democrat President Barack Obama.
The issue of whether or not commissioners qualify for health insurance has been debated and turned over to the county’s legal counsel for their review.
Clinesmith reminded commissioners they are “Republicans,” that they already get a pension and life insurance and a $2,000 stipend for not having medical insurance.
“I’ve been saying this, and I’m saying it to your faces: I thought you were Republicans and not RINOs (Republicans in name only)!” said Clinesmith. “Insurance is (provided to those who) deserve it … not because of some law you hate.”
Commissioner Christine Trisch countered the commissioners “are not RINOs” and that ACA is “the law, mandated with fines.”
Clinesmith, and her husband, Don, say their son, Michael, is also against the ACA, and is willing to pay the fine rather than accept it, and suggests commissioners do the same.
“I think (ACA) will be changed,” said Don Clinesmith.
Commission Chair Thom Bardwell countered that “It would be difficult to unwind (ACA). The GOP (Grand old Party) has the lead, and they will have to lead.”
Under the ACA regulations, employers with 100 or more employees (which Tuscola County is) must offer health insurance to 70 percent of full-time employees in 2015, and 95 percent in 2016.
“ACA is a complicated issue with a lot of material. It doesn’t seem like even attorneys understand…” said county Controller Mike Hoagland.
On the issue of the ACA, the following question and answer information has been provided by the county’s legal advisers:
(Q) Can commissioners automatically be excluded from coverage under the ACA? (A) No.
(Q) Can commissioners automatically be included with coverage under the ACA? (A) Yes – if the board of commissioners decides to use the designation as elected officials then testing is not required.
(Q) Is there an option other than designation of commissioners as elected to determine eligibility? (A) Yes. Different types of testing can be conducted for non-hourly employees to determine if a minimum number of hours are worked as required under the ACA.
(Q) If testing is decided to be conducted when does it have to begin? (A) It depends on the method of testing. If one-year testing is done it needs to begin on December 1, 2014 and continue through Nov. 30, 2015.
(Q) If testing is done do all commissioners have to be tested and record time worked? (A) Yes, and using a standardized form.
(Q) Is there a clear definition of what constitutes work? (A) No. It would need to be interpreted broadly or the county may have to set policy, IRS is considering more specific guidance of what constitutes working.
(Q) Is testing administratively demanding? (A) Yes – for both employee and employer, but it can be done.
(Q) If testing shows that the required number of hours have been worked do commissioners then qualify for health insurance? (A) Yes.
(Q) Does testing have to be conducted every year? (A) Yes – unless the board of commissioners decides to use the designation as elected official.
(Q) When could commissioners begin receiving health insurance? (A) Depends – if designated as elected officials Jan. 1, 2015. If testing – and depending on the type of testing – later in 2015 or Jan. 1, 2016… if testing shows they qualify.
(Q) Could commissioners chose to waive health insurance and receive the standard county incentive? (A) Yes. A waiver form would have to be signed, if the county does not attempt to determine eligibility it could be exposed to penalties and potential discrimination.
As discussion ACA continued, even more questions were raised to ask attorneys.
Tuscola County has communicated with other counties about how to handle the question of health insurance under the Affordable Care Act.
County commissioners haven’t received county-paid health insurance since commissioners imposed a cost-cutting moratorium on providing it to themselves about four years ago. In return for not receiving health insurance, the county pays each commissioner an annual $2,000 stipend.
If the county resumes buying health insurance, it would cost about $14,000 annually for each commissioner accepting the insurance. There are five county commissioners. Plus, there could be other positions that qualify.
When the issue of reinstating commissioners health insurance was brought up in October, several audience members spoke against the idea of giving “full-time benefits to part-time workers.”
Mary Drier is a staff writer for the Tuscola County Advertiser. She can be reached at drier@tcadvertiser.com.