What You Need to Know
- The House could still kill or change the Inflation Reduction Act of 2022 package.
- The famous Medicare drug price negotiation section would have no direct immediate effect on your clients.
- The ACA premium subsidy would kick in immediately, and a $2,000 annual Medicare Part D drug spending cap would apply in 2025.
Senate negotiators have cut all sorts of complicated things out of H.R. 5376 — the Inflation Reduction Act of 2022 budget package.
But they left in plenty of relatively easy-to-explain provisions of interest to consumers who are planning for retirement.
What It Means
If you need news you can use to start conversations with retirement planning clients and prospects this week, the Senate’s passage of the Inflation Reduction Act is the news.
H.R. 5376: The Nuts and Bolts
Senate Democrats posted a 755-page version of the package here.
KPMG, an accounting firm, links to copies of the only two amendments approved by the Senate here.
House leaders hope to bring the package up for a final vote there Friday. Democrats and independents who caucus with the Democrats have just 50 seats in the Senate, and they hold just 220 of the 435 seats in the House.
Lawmakers normally need 60 votes in the Senate to avoid a filibuster — an endless round of debate — in the Senate. The Democrats are using a special budget reconciliation process to move H.R. 5376 through the Senate with the votes of the 48 Democrats and two independents there, along with a tiebreaking vote from Vice President Kamala Harris.
The Senate passed the H.R. 5376 budget reconciliation package Sunday with a 51-50 vote.
Negotiators took out many spending provisions, including dental benefits for enrollees in the original Medicare program, to win the vote of Sen. Joe Manchin, D-W.Va., and they took out a proposed change in the tax rules for private equity firms to win the vote of Sen. Kyrsten Sinema, D-Ariz.
Conversation Starters
Here are seven things retirement advisors and their clients might want to talk about.
1. Everything could change.
Democrats in the House who have voted for earlier versions of H.R. 5376 could refuse to vote for the revised package.
If they pass the current package but tweak it, Senate leaders could have trouble getting the tweaked version back through the Senate.
Even if Congress passes the package and President Joe Biden signs it into law, new legislation, lawsuits or executive branch challenges could lead to implementation delays, the death of some H.R. 5376 provisions or changes in how some provisions really work.
If, for example, Republicans end up regaining control of the Senate in January 2023, they might be able to zero out any Inflation Reduction Act taxes, tax break amounts or other Medicare benefits change amounts in future must-pass budget or spending packages.
2. A key Affordable Care Act premium tax credit subsidy expansion measure would help affected clients immediately.
The federal Affordable Care Act provides a tax credit subsidy that consumers can use to pay for major medical insurance bought through the ACA public exchange system.
Before the COVID-19 pandemic, the subsidy was available only to consumers who earned less than 400% of the federal poverty level.
This year, under the pre-pandemic rules, the income cap would have been $51,520 for an individual in most of the country, and $106,000 for a family of four.
Pandemic response legislation has lifted the income cap. Now, consumers can get tax credit subsidies for premiums whenever the cost of a benchmark plan exceeds 8.5% of their adjusted gross income.
The provision on page 246 of the H.R. 5376 PDF file would extend the tax credit subsidy expansion through 2025.
This provision could help affected clients maintain or increase retirement savings arrangement contributions.
3. Two Medicare Part D drug plan benefits changes would take effect in 2024.
A provision on page 168 of of the H.R. 5376 PDF file would require Medicare prescription drug plans, including stand-alone Part D prescription drug policies and the prescription drug benefits bundled into many Medicare Advantage plans, to eliminate additional out-of-pocket costs, starting in 2024, for enrollees who end up with enough covered prescription drug bills to qualify for catastrophic drug coverage.