New Jersey State Laws
New Jersey Senate Bill 2291 which amended NJSA 18A:62-15 was signed into law by Governor Christie on July 5, 2013. The amendments eliminated the previous state requirement that every student who is enrolled full-time at a public or private institution of higher education in New Jersey maintain health insurance coverage which provides basic hospital benefits. The amendments also eliminate the previous requirement that every full-time student annually present evidence of health insurance coverage and other provisions related to the health insurance coverage requirement. Any requirements for health insurance coverage imposed at the federal level by the Patient Protection and Affordable Care Act (PPACA) would still be applicable. The changes to the law maintain the requirement that all institutions of higher education in New Jersey offer health insurance coverage for purchase by students who are enrolled full-time.
The amended law does not change how the student health insurance coverage offered by the College is handled by the insurance company or the federal requirements under the Patient Protection and Affordable Care Act. In meeting the requirement that the college offer health insurance coverage for purchase by students who are enrolled full-time, The College’s current student health insurance offering is underwritten by UnitedHealthcare and was established as a “hard waiver” policy. This type of policy has a substantially lower premium cost than a “voluntary” enrollment policy having the same benefits. The “hard waiver” policy requires full-time students to have and present evidence of insurance in order to be able to waive/opt out of the coverage. So while the NJ law may no longer detail specific obligations of the college and its students, the insurance policy chosen and offered by the college still requires every full-time student to annually present evidence of health insurance coverage if they wish to waive.
While about 10% of the students in the New Jersey State Colleges and University system are not covered by health insurance from another source and need to purchase the sponsored plan, by offering a “hard waiver” policy and including the premium for the student health insurance on the term bill those students who are in need of the coverage are able to get better rates and can receive financial aid to help defray the cost of the insurance.
We recognize that the approximately 90% of our students who are fortunate enough to have health insurance coverage and who may wish to waive are inconvenienced by having to go through the waiver process. We have made the process of waiving the insurance as easy and convenient as possible by having students complete the waiver forms at The College of New Jersey’s link at http://www.firststudent.com. On behalf of your classmates who need the insurance, we thank you for your understanding that this slight inconvenience allows them to purchase affordable health insurance coverage.
New Jersey Senate Bill A3380 was signed into law on May 30, 2018 by New Jersey Governor Phil Murphy, which established the New Jersey Health Insurance Market Preservation Act. While the Federal Government repealed the individual mandate and associated federal tax penalties (effective 2019), New Jersey law now requires that, starting in 2019, every resident taxpayer of the State obtain health insurance coverage that qualifies as minimum essential coverage under the law. If the taxpayer does not obtain coverage, the law imposes a State shared responsibility tax equal to a taxpayer’s federal penalty under the ACA prior to the Federal repeal of that provision.
The Patient Protection and Affordable Care Act (Pub. L. 111–148) was enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111–152) was enacted on March 30, 2010. The two statutes are referred to collectively as the Affordable Care Act (ACA). The Affordable Care Act reorganizes, amends, and adds to the provisions of Part A of Title XXVII of the Public Health Service (PHS) Act relating to group health plans and health insurance issuers in the group and individual markets.
The plan must comply with the requirements of the Federal Law under the PPACA. The requirements include:
- 100% coverage without copayment or co-insurance for certain preventive services in network.
- No annual maximum for essential benefits
- No lifetime benefit limits.
- Preexisting conditions for people under age 19 are covered.
- Exclusions contradicting terms of PPACA, such as excluding certain preventive care, are removed.
- Pediatric dental and vision benefits for individuals under the age of 19.
On December 22, 2017 President Trump signed into law a tax bill that included elimination of the individual mandate, effective 2019. This eliminates the requirement that all citizens be covered by a PPACA compliant plan or they will be subject to tax liabilities.
If you are in need of health insurance coverage and you choose not to participate in the new plan, other options may be available to you. The Federal Government has established health insurance exchanges that allow families and individuals in need of health insurance coverage to compare coverage and pricing from a variety of different insurance companies offering plans in your area. The PPACA also required employer plans to continue to provide dependent coverage to their employee’s dependents up to age 26. Additionally the PPACA expanded Medicaid eligibility in many States including NJ. To determine if you might be eligible for the expanded Medicaid coverage, you will also need to apply through your state healthcare exchange. For additional information, including information about the health care law, finding insurance options, and accessing your state’s health insurance exchange, please refer to http://www.healthcare.gov.
All students should be reminded that the Federal Government is now requiring that all citizens be covered by a PPACA compliant plan or they will be subject to tax liabilities beginning January 2014. Starting in 2019 this requirement has been repealed at the federal level, but is now being required at the state level in certain states, including NJ. Students are encouraged to review their insurance options prior to waiving or enrolling in the plan offered through The College.
The additional information provided is meant to assist you in your decision making about health insurance coverage, but is not offered as nor should it be construed as or relied upon as legal advice or complete and comprehensive information about your current policy, available coverage or health insurance law. For additional information, including information about the health care law, finding insurance options, and accessing the health insurance marketplace, please refer to http://www.healthcare.gov.