Questions

Frequently asked questions

Is a Section 125 wellness plan legal?

Section 125 cafeteria plans have been in the Internal Revenue Code since 1978 and are used by a large share of American employers. The provisions are long-standing and well established. If you want the long version, read our guide to Section 125 wellness plans for home care agencies.

The category's reputation is mixed, and some of that is earned. What regulators objected to was a specific design that paired a fixed indemnity policy with a reimbursement arrangement so the same dollars came back twice. That is not how this plan is built. The longer honest answer is here.

Are part-time caregivers eligible?

Yes. The 30-hour threshold you have seen on every group health quote is a carrier rule, not tax law. A Section 125 election is open to W-2 employees regardless of hours worked.

What varies with hours is how much each person gains, not whether they can participate.

Where does the money come from?

It is not new money. Employee contributions come out pre-tax, which lowers the wage base the agency and the caregiver pay FICA on. The employee payroll tax savings is what funds the benefits.

Does this replace our health insurance?

No, and it is not insurance. It enhances whatever coverage you already offer. Keep your broker and your existing policies. For an agency offering nothing today it is a first real benefit rather than a complete one. A no-cost MEC plan is available where one is needed.

Will my caregivers' take-home pay drop?

No. The pre-tax deduction is paired with a matching post-tax reward in the same paycheck. Most caregivers see the same or a slightly larger net paycheck than before.

Does every caregiver qualify?

Probably not. Qualification depends on wages, filing status and pay schedule. The proposal shows who does and who does not. Non-qualifiers can participate for a reasonable contribution.

What do you need from us to build a proposal?

To build the analysis we need your last two payroll reports with Gross Wages, Deductions and Exemptions. No employee names, Social Security numbers, home addresses or health information are required.

How much will the agency save?

Typically between $300 and $900 per participating employee per year (net of administrative fees).

Who reviewed the plan?

CBIZ, Inc., a top-seven US accounting firm, wrote the CPA opinion letter. HitesmanLaw, P.A., where Darcy Hitesman has practiced ERISA, Section 125 and ACA law for over 35 years, wrote the legal assurance letter. Both go to you before you sign anything.

The plan is administered under IRS Sections 105, 106, 125 and 213(d), and is built to comply with ERISA and the ACA.

How much work is this for our team?

UnifyWell handles caregiver communication, enrollment meetings and questions, which is roughly 95 percent of the work. Your side is payroll code setup with your provider, and giving them access to the roster for enrollment. We will need your help initially to set up communications with your staff.

Does this lower our workers' comp?

It may. Workers' compensation premiums are typically calculated on payroll, so a lower wage base can reduce them. We keep this conditional because it depends on your carrier and your state, and we will not present it as a certainty.

What happens if tax law changes?

Tax law does change, and the plan documents say so plainly. We will not tell you any tax provision is permanent.

How does Home Care Wellness get paid?

UnifyWell pays us a fee based on enrollment. You do not pay us and we are not paid a percentage of your savings.

How long does the whole thing take?

A proposal is usually back in a couple of days. From signing to a plan actually running, the pacing depends on your payroll cycle and how quickly enrollment meetings can be scheduled with your caregivers. Generally about six weeks after receiving payroll data.

More questions?

Call Charley at 435-999-5450 or email [email protected].

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