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Sex Discrimination in Consumer Driven Health Plans

posted on:  5/15/2007     revised: 3/10/2010

 

When providing health benefits for employees, is it fair to provide the same dollar amount of benefit to both men and women? This is the core of the issue behind the current sex discrimination accusations being made by some vocal lobbying groups.

 
The cost of providing health care to working-age women is higher than the cost of providing care to men. That’s a fact; this has always been the case and has nothing to do with employee benefits per se. Apparently both biological and psychological factors come into play to explain this; but it’s not relevant to this discussion. In "the old days" of employer-paid health benefits health insurance companies simply blended the differences together to offer employers "single sex" rates that complied with federal non-discrimination laws. 
Now, in the age of consumer driven health plans (CDHP), the intent is to shift purchasing decisions – for better or worse - to the employee. In a CDHP, the employer typically provides an equal dollar cash amount for each employee for “up front” health care benefits. One physician was quoted saying that this change in benefits formulation is equivalent to giving every working woman a $1000 cut in pay! While I question the arithmetic, the concept holds true. Put another way, assume that an employer starts the year by placing $1000 in each employees' health savings account (HSAs are not the most common type of consumer driven health plan but they can be used as a simple example). The median male employee will be able to pay for all of his medical expenses from that fund and still have cash left over at the end of the year. A woman with average medical expenses would deplete the account, let’s say, by mid-October and have to pay for the rest from her personal funds. There really is a difference in the net financial effect.
 
Will it have any effect in the overall health care of women? Recent data indicates that the percentage of women receiving normal preventative gynecological care (PAP and mammograms) is declining despite the fact that these tests are covered by mandate – regardless of the type of health plan. Could it be that some women are uncomfortable paying the visit fee that might otherwise (in the former era of managed care) been covered under a simple doctor’s office co-pay? That’s my hunch, but I am not aware of any data to back it up. The actual dollar amount we are talking about might only be $200-$300 per woman per year. But that is still a lot of money for a many women; certainly enough to change their health care behavior. CDHPs could turn out to be penny-wise and pound-foolish in this situation.
 
As far as tax and benefit law, my guess is that we will eventually see some type of allowed (but not required) parity for sex-weighted health benefit plans. For example a reimbursement formula that includes sex in the calculation would not necessarily be discriminatory. But, on the other hand, we are unlikely to see Congress pass a separate schedule of allowable HSA deductions for male vs. female.

Consider also that some of the opposition to CDHPs comes from political proponents of a one payer health care system that really is not going to happen in the U.S. during our lifetime.
 
Separately, I am working on an article that will discuss some practical ways that employers and employees using CDHPs can compensate for this specific change in benefits. The article will likely be published in another industry magazine later this year. In the meanwhile, it might make sense for us to be aware of the overall macroeconomic effects of this shift in health care funding.

 

keywords:   ERISA, HSA, HRA, CDHP

 

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Copyright 2010 by Tony Novak. Originally produced and published for the "AskTony" column syndication prior to 2007. Edited and independently republished by the author in March 2010. All rights reserved.