Unemployment and the Availability of Health Insurance: Issues for Congress

Congressional research reportApr 10, 2012

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Unemployment and the Availability of Health

Insurance: Issues for Congress

-name redactedAnalyst in Health Care Financing

April 10, 2012

Congressional Research Service

7-....

www.crs.gov

R40165

CRS Report for Congress

Prepared for Members and Committees of Congress

Unemployment and the Availability of Health Insurance: Issues for Congress

Summary

When workers lose their jobs, they can also lose their health insurance. If that health insurance is

family coverage, then a worker’s family members can also become uninsured. For individuals

who do not typically use many health care services, loss of insurance might have little impact.

However, for individuals who have health problems or who are injured, loss of coverage can be

serious. Without insurance, individuals often have difficulty obtaining needed care and problems

paying for the care they receive. Unemployed individuals and their family members who cannot

postpone care may incur large bills that create or add to financial distress. With the Congressional

Budget Office expecting the unemployment rate to remain above 8.0% through 2014, retaining or

obtaining health insurance may continue to be difficult for the unemployed and their family

members.

The 111th Congress passed legislation that temporarily addressed part of this problem through a

temporary premium subsidy for health insurance coverage through Title X of the Consolidated

Omnibus Budget Reconciliation Act of 1985 (COBRA, P.L. 99-272). COBRA generally requires

certain employers to provide employees and their families the right to continue participation in

the employer’s health plan in the case of certain events, including involuntary dismissal. To

continue coverage, workers must pay both the employee’s and the employer’s share of the

premium, plus a 2% administrative fee. The premium subsidy that reduced the cost of COBRA

coverage for certain individuals who lost their jobs expired on May 31, 2010.

The Patient Protection and Affordable Care Act (ACA, P.L. 111-148 as amended) is intended to

expand access to health insurance coverage. Some ACA provisions made immediate market

reforms to increase consumer access to health insurance, particularly for young adults, individuals

with preexisting conditions, and other, higher-risk groups. For example, one provision of the ACA

generally allowed dependents up to age 26 to remain eligible for insurance coverage through their

parents’ plans, which could help the younger unemployed. Some other provisions of the ACA that

increase access to coverage do not become effective until 2014, however. Those provisions

include expansion of Medicaid to those with modified adjusted gross income (MAGI) up to 133%

of the federal poverty level (FPL) and insurance premium credits and subsidies for individuals

and families with MAGI below 400% FPL.

Currently, certain individuals cannot benefit from the expanded access to coverage under the

ACA because either the provisions do not apply to them or because applicable provisions have

not yet taken effect. These individuals could include unemployed individuals and their family

members. This report examines access to health insurance coverage among the unemployed

population and provides information and analysis to inform the congressional debate on this

issue. The report is divided into five parts: (1) analysis showing the diversity of the unemployed

population, (2) analysis showing the relationship between unemployment and loss of employersponsored health insurance, (3) analysis of certain unemployed individuals at-risk for being

uninsured, (4) summaries of current federal programs and tax treatments that can help some

unemployed individuals (and their families) obtain or retain health insurance, and (5) additional

options that might be considered, including extending the COBRA eligibility period and allowing

unemployed individuals under age 65 to “buy-in” to Medicare—that is, to pay premiums to join

Medicare before they reach age 65.

Congressional Research Service

Unemployment and the Availability of Health Insurance: Issues for Congress

Contents

Introduction...................................................................................................................................... 1

Diversity of the Unemployed Population ........................................................................................ 2

Age ............................................................................................................................................ 2

Marital Status and Gender ......................................................................................................... 3

Duration of Unemployment ....................................................................................................... 4

Health Status .............................................................................................................................. 5

Income ....................................................................................................................................... 5

The Relationship Between Unemployment and Loss of Employer-Sponsored Insurance .............. 7

Employer-Sponsored Health Insurance by Industry: Implications for the Unemployed ........... 8

Health Insurance Coverage for Those Entering the Labor Force .............................................. 9

Other At-Risk Groups ...................................................................................................................... 9

Involuntary Part-Time Workers ................................................................................................. 9

Discouraged Workers............................................................................................................... 10

Current Programs That Assist Some Unemployed with Health Insurance .................................... 10

COBRA ................................................................................................................................... 10

Health Coverage Tax Credit .................................................................................................... 11

Medicaid .................................................................................................................................. 12

Itemized Deduction for Medical Expenses .............................................................................. 12

Health Savings Accounts ......................................................................................................... 13

The Affordable Care Act and the Unemployed.............................................................................. 14

Issues for Congress ........................................................................................................................ 15

Extending COBRA .................................................................................................................. 16

Extend the Eligibility Period for COBRA Premium Subsidy ........................................... 16

Extend Eligibility Period for Receiving COBRA Beyond 18 Months .............................. 17

Medicare Expansion ................................................................................................................ 17

Figures

Figure 1. Characteristics of the Unemployed, by Gender, Marital Status, and Presence of

Children in Household, December 2011....................................................................................... 4

Tables

Table 1. Unemployment Rate and Distribution of Unemployed, by Age ........................................ 3

Table 2. Percentage Reporting Perceived Health Status, by Age ..................................................... 5

Table 3. Unemployment Compensation Benefits, by Household Income, 2009 ............................. 6

Table 4. Employer-Sponsored Insurance Coverage of Workers, by Selected Industry.................... 8

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Unemployment and the Availability of Health Insurance: Issues for Congress

Contacts

Author Contact Information........................................................................................................... 18

Acknowledgments ......................................................................................................................... 18

Key Policy Staff ............................................................................................................................. 18

Congressional Research Service

Unemployment and the Availability of Health Insurance: Issues for Congress

Introduction

One consequence of unemployment is that individuals and their family members can lose their

health insurance. Loss of insurance may have little impact on individuals who do not use many

health care services. However, for those who have health problems or who are injured, loss of

coverage can be serious. Without insurance, individuals often have difficulty obtaining needed

care and have problems paying for the care they receive. Unemployed individuals and their

family members who cannot postpone care may incur large bills that create or add to financial

distress.1

Some of the unemployed and/or their family members will be eligible for Medicaid coverage.

Others may be able to obtain insurance through a spouse or parent or by paying Consolidated

Omnibus Budge Reconciliation Act (COBRA) premiums, though the cost of COBRA premiums

can be prohibitive.2 The Patient Protection and Affordable Care Act (ACA, P.L. 111-148 as

amended) is intended to improve access to health insurance coverage, but it does not necessarily

provide immediate access to coverage for unemployed individuals and their family members.

Some provisions of the ACA that improve access to care have been implemented, but they apply

to specific populations (e.g., individuals with preexisting conditions). Other provisions of the

ACA that more broadly apply to individuals, including unemployed individuals (e.g., health

insurance exchanges), will generally not be implemented until 2014. This results in an interim

period when unemployed individuals may have few health insurance options and/or lack the

resources to pay for insurance.

Concern about unemployment and health insurance has grown because of the recent economic

recession and the jobless recovery.3 In December 2011, the nation’s unemployment rate was 8.5%

(about 13.1 million individuals), whereas the underemployment rate, which includes individuals

who are working part-time because their hours have been cut and other individuals who have

given up looking for jobs, reached 15.2% (about 23.4 million individuals).4 The Congressional

Budget Office (CBO) expects the unemployment rate to remain above 8.0% through 2014,5

indicating that the impact of unemployment on health insurance is likely to continue for some

time to come.

This report contains information and analysis intended to inform congressional debate over

whether to address these issues, and if so, how, and to what extent. It is divided into five parts:

1. analysis showing the diversity of the unemployed population;

1

The Commonwealth Fund, Losing Ground: How the Loss of Adequate Health Insurance is Burdening Working

Families, August 2008.

2

Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA, P.L. 99-272) generally requires

certain employers to provide employees and their families with the right to continue participating in the employer’s

health plan in the case of certain events, including involuntary dismissal. To continue coverage, workers must pay both

the employee’s and the employer’s share of the premium, plus a 2% administrative fee.

3

The National Bureau of Economic Research (NBER) calculated that the recession began in December 2007 and ended

in June 2009. The NBER defines recession as a “significant decline in economic activity spread across the economy,

lasting more than a few months, normally visible in real Gross Domestic Product, real income, employment, industrial

production, and wholesale-retail sales”; http://www.nber.org/cycles.html.

4

Bureau of Labor Statistics (hereafter, BLS), The Employment Situation: December 2011, published January 6, 2012.

5

Congressional Budget Office (CBO), The Budget and Economic Outlook: Fiscal Years 2012 to 2022, January 2012,

http://www.cbo.gov/publication/42905.

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Unemployment and the Availability of Health Insurance: Issues for Congress

2. analysis showing the relationship between unemployment and loss of employersponsored health insurance;

3. analysis of certain unemployed individuals at risk for being uninsured;

4. summaries of current federal programs and tax treatments that can help some

unemployed individuals obtain or retain health insurance; and

5. additional options that might be considered.

Diversity of the Unemployed Population

The unemployed are a diverse population in terms of age, gender, marital status, income, and

other characteristics. These attributes indicate that they likely have differing health care needs and

different capacities to pay for care and insurance. This section describes the diversity of the

unemployed population, broken down by various demographic categories.

Age

Age can affect the probability that an individual will need health care services. One study finds

that adults aged 55 to 64 are more likely to have chronic conditions and are more likely to have

higher premiums and out-of-pocket costs compared to younger adults.6 Another study finds that

only one-fifth of an individual’s lifetime health care expenditures occur before age 41, while

nearly half accrue after age 65.7 As follows, the older unemployed will most likely incur greater

health care expenditures than the younger unemployed.

The age of an unemployed individual can also affect the availability of financial resources.

Younger unemployed individuals may have less savings to draw from compared to their older

counterparts. However, younger unemployed individuals may also be able to rely more on parents

for family assistance. For example, under the ACA, individuals under age 26 may be able to

qualify for dependent coverage through a parent’s health plan.8

Table 1 shows the unemployment rate by age group and the age distribution of the unemployed at

the beginning of the last recession in December 2007 and again in December 2011.

Unemployment rates have increased since 2007 across all age groups. While the unemployment

rates remain highest among individuals aged 16 to 19 and 20 to 24, the unemployment rates

increased the most between 2007 and 2011 among individuals aged 25 and older. For those aged

25 and over, unemployment rates nearly doubled across all age categories.

The distribution of the unemployed shows that since the start of the recession in December 2007,

unemployed individuals are increasingly older. In December 2011, the share of the unemployed

6

Jessica Vistnes, Philip Cooper, Didem Bernard, et al., Near-Elderly Adults, Ages 55-64: Health Insurance Coverage,

Cost, and Access, Agency for Health Care Policy and Research, Rockville, MD, May 2009, http://www.ahrq.gov/data/

meps/mepsneareld/nearelderly.pdf.

7

Berhanu Alemayehu and Kenneth E. Warner, “The Lifetime Distribution of Health Care Costs,” Health Services

Research, vol. 39, no. 3 (June 2004).

8

For more information on the dependent coverage provision in the ACA, see CRS Report R41220, Preexisting

Condition Exclusion Provisions for Children and Dependent Coverage under the Patient Protection and Affordable

Care Act (ACA), by (name redacted).

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Unemployment and the Availability of Health Insurance: Issues for Congress

population aged 16 to 24 declined compared to December 2007, while the share of the

unemployed aged 25 and older increased (from 66.3% in 2007 to 73.2% in 2011). Among those

aged 25 and older, the largest percentage point increase in the share of unemployed between 2007

and 2011 was among those aged 55 and older. 9

Table 1. Unemployment Rate and Distribution of Unemployed, by Age

Unemployment Rate

Age

Distribution of Unemployed

December 2007

December 2011

December 2007

December 2011

16 to 19

17.1%

23.1%

15.6%

10.0%

20 to 24

9.4%

14.4%

18.5%

17.0%

25 and older

3.9%

7.2%

66.3%

73.2%

25 to 34

4.9%

9.4%

21.4%

24.3%

35 to 44

3.8%

6.8%

17.5%

17.0%

45 to 54

3.6%

6.5%

16.7%

17.3%

55 and older

3.2%

6.2%

11.2%

14.7%

7.2%

8.5%

—

—

Total

Sources: BLS, Employment Situation December 2011. Table A-10: Selected Unemployment Indicators, Seasonally

Adjusted, published January 6, 2012; BLS, Employment Situation December 2008. Table A-7: Selected Unemployment

Indicators, Seasonally Adjusted, published January 4, 2008.

Marital Status and Gender

Figure 1 shows the unemployed population by marital status, gender, and the presence of

children in a household. The majority of the unemployed as of December 2011 were single men

(36.7%), followed by single women without children (20.6%). Married men comprised 17.8% of

the unemployed. Married women accounted for 14.9% of the unemployed, and single women

with children comprised 10.0%.

Marital status has a direct impact on the probability that an unemployed individual will continue

to be covered by health insurance, in some cases making it more likely that an unemployed

individual maintains access, and in other cases making it more likely that the unemployed

individual and his or her entire family will lose coverage. Individuals married to a spouse who

has a job and insurance coverage may be able to enroll in their spouse’s plan if they lose their

coverage. On the other hand, workers who are married (or who are the head of a household) may

be providing the main health insurance for their families. In 2010, about half of the nonelderly

with employer-sponsored coverage received that coverage as a dependent (i.e., as a spouse,

partner, or child of an individual with employer-sponsored coverage).10 A single parent who is the

9

When workers retire, they exit the labor force and are no longer counted as participating in the labor force. One

explanation for the increase in unemployed individuals aged 55 and older is that uncertainty in the economy has

encouraged older workers to delay retirement and remain in the workforce. For more information, see CRS Report

R41557, Older Unemployed Workers Following the Recent Economic Recession, by (name redacted).

10

Paul Fronstin, Sources of Health Insurance and Characteristics of the Uninsured: Analysis of the March 2011

Current Population Survey, Employee Benefit Research Institute, Issue Brief No. 362, September 2011,

http://www.ebri.org/pdf/briefspdf/EBRI_IB_09-2011_No362_Uninsured1.pdf.

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Unemployment and the Availability of Health Insurance: Issues for Congress

head of household and unemployed is also at risk of losing employer-sponsored coverage for the

family. The unemployed and/or their dependents may, however, be eligible for public assistance

through Medicaid (see the discussion on “Medicaid” below) or the State Children’s Health

Insurance Program (CHIP).11

Figure 1. Characteristics of the Unemployed, by Gender,

Marital Status, and Presence of Children in Household, December 2011

Married Men

17.8%

Single Men

36.7%

Married Women

14.9%

Single Women with

Children

10.0%

Single Women no

Children

20.6%

Source: BLS, Employment Situation, December 2011, Table A-10: Selected Unemployment Indicators, Seasonally

Adjusted, January 6, 2012.

Duration of Unemployment

As of December 2011, 58.0% of unemployed individuals had been out of work for 15 weeks or

longer. Nearly 43.0% had been unemployed for more than six months in December 2011,

compared to 18.0% who were unemployed for more than six months when the recession began in

December 2007.12 Research suggests that the longer a person remains unemployed and uninsured,

the greater the delay in seeking medical treatment (see discussion on “Health Status” below).13

11

Children’s eligibility for Medicaid and CHIP is not dependent on whether a child lives in a one- or two-parent

household; children in two-parent households may also qualify for Medicaid and CHIP. For more information about

Medicaid and CHIP, see CRS Report RL33202, Medicaid: A Primer, by (name redacted), and CRS Report R40444,

State

Children’s Health Insurance Program (CHIP): A Brief Overview, by (name redacted) and (name redacted).

12

For a more detailed discussion on the long-term unemployed see CRS Report R41559, The Trend in Long-Term

Unemployment and Characteristics of Workers Unemployed for More than 99 Weeks, by (name redacted).

13

The Commonwealth Fund, Losing Ground: How the Loss of Adequate Health Insurance is Burdening Working

Families, August 2008.

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Unemployment and the Availability of Health Insurance: Issues for Congress

Health Status

The health status of the unemployed could be affected by whether they have health insurance

coverage, their demographic composition, and the duration of their unemployment. As noted

earlier, the unemployed today tend to be older than at the beginning of the recession in December

2007, and health expenditures are typically greater for older compared to younger populations.

Some research shows that age and health status are strongly correlated, indicating that because

the unemployed are older, they may also be less healthy.14

Table 2 presents data by perceived health status by age (regardless of employment status). In all

age groups, around 30.0% of the population reports very good health. However, compared with

individuals aged 18 to 24, individuals aged 45 to 64 are more than twice as likely to report fair

health and over six times more likely to report poor health. Compared to individuals aged 25 to

44, individuals aged 45 to 64 are about twice as likely to report fair health and more than three

times more likely to report poor health.

Table 2. Percentage Reporting Perceived Health Status, by Age

Perceived Health Status

Age

Excellent

Very

Good

Good

Fair

Poor

18 to 24

41.8%

33.7%

18.6%

5.1%

0.8%

25 to 44

29.7%

35.4%

26.7%

6.7%

1.5%

45 to 64

21.7%

31.2%

29.5%

12.4%

5.2%

Source: The 2008 Medical Expenditure Panel Survey.

As noted earlier, the unemployed today are more likely to have been unemployed for longer than

six months, which may further delay necessary medical treatment. One study shows that more

than 70.0% of adults with gaps in health care coverage tend to forgo needed care because of cost,

up from just over half in 2001.15 Uninsured adults are also less likely than those with insurance to

obtain tests such as blood pressure, cholesterol, and cancer screening.16 These problems may be

further exacerbated among the older unemployed and/or those with longer durations of

unemployment.

Income

Individuals who become unemployed may be eligible for unemployment compensation (UC).

Eligibility, benefit amount, and duration of UC is determined by each state.17 Generally, UC

benefits are based on wages for covered work during a 12-month period. Most state benefit

14

Anne Case and Angus S. Deaton, “Broken Down by Work and Sex: How Our Health Declines,” in Analyses in the

Economics of Aging, ed. David A. Wise (University of Chicago Press, 2005), pp. 185-212.

15

The Commonwealth Fund, Losing Ground: How the Loss of Adequate Health Insurance is Burdening Working

Families, August 2008.

16

Ibid.

17

CRS Report RL33362, Unemployment Insurance: Programs and Benefits, by (name redacted) and (name redac

ted).

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Unemployment and the Availability of Health Insurance: Issues for Congress

formulas replace half of a claimant’s average weekly wage up to a weekly maximum. The

average regular UC benefit duration as of December 2011 was 17.5 weeks.18 Approximately 3.6

million individuals claimed regular state UC benefits in a given week in December 2011.19

Average weekly unemployment benefits were $291,20 translating to an average monthly benefit of

$1,261.

The availability of other forms of income for the unemployed is important in determining their

ability to pay for health insurance coverage or health care services directly out-of-pocket.

Unemployment compensation by itself could be insufficient to pay for these costs. For example,

among the unemployed whose only option is to purchase insurance in the individual market, the

cost of coverage could be prohibitive. In 2010, the average monthly cost of premiums for

coverage bought in the individual market was $301 for self-only coverage and $592 for family

coverage.21 Assuming premiums did not increase in 2011 (which is unlikely), the average

monthly cost of the premium for self-only coverage would consume 23.9% of the average

monthly unemployment benefit, and the average monthly cost of the premium for family

coverage would consume 46.9%.22

Data on the income distribution of those currently unemployed are not available. However, the

most recent data from the Internal Revenue Service show the number of returns with UC by

household income in 2009 (see Table 3). Individuals with household income of $15,000 up to

$20,000 are the most likely to have UC, with 11.6% of all returns reporting UC. Examining the

distribution of returns with UC by income, about 44% of those who received UC benefits had

household income below $25,000, while nearly 30% had household income of $50,000 or more.

Table 3. Unemployment Compensation Benefits, by Household Income, 2009

Returns with Unemployment Compensation

Number (in 1,000s)

% of All Returns in

Income Category

Distribution by

Income

Less than $10,000

1,256

5.0%

11.1%

$10,000 to under $15,000

1,286

10.3%

11.4%

$15,000 to under $20,000

1,323

11.6%

11.7%

$20,000 to under $25,000

1,119

11.2%

9.9%

$25,000 to under $30,000

839

9.7%

7.4%

Household Incomea

18

Department of Labor, Employment and Training Administration, Unemployed Insurance Data Summary for Fourth

Quarter 2011.

19

Data are for the week ending on or before December 10, 2011. U.S. Department of Labor, “Unemployment

Insurance Weekly Claims Report,” press release, December 29, 2011, http://www.workforcesecurity.doleta.gov/press/

2011/122911.asp.

20

Department of Labor, Employment and Training Administration, Unemployed Insurance Data Summary for Fourth

Quarter 2011.

21

Kaiser Family Foundation, Survey of People Who Purchase Their Own Insurance, June 2010, http://www.kff.org/

kaiserpolls/upload/8077-R.pdf. In the survey, “family coverage” is coverage for two or more individuals.

22

It should be noted that these percentages could vary greatly by state because each state determines the amount of its

unemployment benefit and the duration an individual may receive the benefit, and state-specific factors (e.g., state

health insurance mandates) affect the cost of health insurance premiums in the individual market.

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Unemployment and the Availability of Health Insurance: Issues for Congress

Returns with Unemployment Compensation

Household Incomea

Number (in 1,000s)

% of All Returns in

Income Category

Distribution by

Income

$30,000 to under $40,000

1,213

8.4%

10.7%

$40,000 to under $50,000

910

8.4%

8.1%

$50,000 to under $75,000

1,546

8.3%

13.7%

$75,000 to under $100,000

851

7.4%

7.5%

$100,000 and over

956

5.5%

8.5%

11,299

8.0%

—

Total

Source: CRS analysis of 2009 data from the Internal Revenue Service.

a.

Represents individual, couple, or family income where income is defined as adjusted gross income plus

statutory adjustments, tax-exempt interest, and nontaxable Social Security benefits.

The ability of the unemployed to purchase insurance depends on income from other sources in

addition to UC, current living expenses, and other factors, such as whether individuals in the

household have preexisting conditions that could significantly increase the cost of coverage.

Beyond UC, individuals also may draw down their savings (including retirement savings) to pay

for household expenses.

The Relationship Between Unemployment and Loss

of Employer-Sponsored Insurance

Employer-sponsored health insurance represents the largest source of coverage to workers and

their dependents. In 2010, about 68.0% of workers received employer-sponsored coverage from

an employer, either in their own names (51.0%) or as dependents of another family member’s

employer (17.0%).23 Among other factors, the nature of unemployment for an individual (i.e.,

whether an individual is permanently or temporarily laid off) and the industry in which an

individual had been employed can affect an individual’s likelihood of having employer-sponsored

coverage.

Those most likely to have lost employer-sponsored coverage are the nearly 6.4 million

unemployed who report that they have been permanently laid off from their jobs,24 comprising

nearly half (48.3%) of the 13.1 million unemployed workers as of December 2011. Another 1.4

million individuals (9.0% of the unemployed) have been temporarily laid off. These workers may

still have access to health insurance and other employer-provided benefits (if they were available

prior to their change in work status). About 900,000 individuals, 7.0% of the unemployed, left

their jobs voluntarily.25

23

Paul Fronstin, Sources of Health Insurance and Characteristics of the Uninsured: Analysis of the March 2011

Current Population Survey, Employee Benefit Research Institute, Issue Brief No. 362, September 2011,

http://www.ebri.org/pdf/briefspdf/EBRI_IB_09-2011_No362_Uninsured1.pdf.

24

BLS, Employment Situation, December 2011, Summary Table A-11: Unemployed Persons by Reason for

Unemployment, Published January 6, 2012.

25

Ibid. The remaining unemployed (about one-third of unemployed workers as of December 2011) are individuals who

(continued...)

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Unemployment and the Availability of Health Insurance: Issues for Congress

Employer-Sponsored Health Insurance by Industry:

Implications for the Unemployed

A closer look at the industry characteristics of the unemployed provides some insight into their

health insurance status prior to becoming unemployed. Individuals who had coverage prior to

becoming unemployed may be better able to maintain or obtain coverage while unemployed.26

Table 4 shows the percentage of workers with health insurance in their own names in each

industry in 2010, and the number of unemployed workers and the unemployment rate among

industries as of December 2011. Workers laid off in the mining and manufacturing sectors had the

highest likelihood of having health insurance through their previous employer. Workers laid off in

wholesale and retail trade, construction, and leisure and hospitality were the least likely to have

health insurance from their previous employer prior to being laid off. The industries with the

largest numbers of unemployed individuals are professional and business services, wholesale and

retail trade, construction, and leisure and hospitality. Combined, workers in these four industries

account for about 46.0% of all unemployed individuals.

Table 4. Employer-Sponsored Insurance Coverage of Workers, by Selected Industry

Share of Workers with

Employer-Sponsored

Insurance in Their Own

Name, 2010

Number of

Unemployed,

December 2011

(in 1,000s)

Unemployment

Rate, December

2011

Mining, Quarrying, Oil & Gas

Extraction

74.6%

59

6.9%

Manufacturing

69.9%

1,217

7.9%

Information

65.7%

235

7.7%

Transportation/Utilities

64.0%

399

7.0%

Financial Activities

63.5%

514

5.6%

Educational & Health Services

60.4%

1,201

5.5%

Professional & Business Services

51.4%

1,403

9.3%

Wholesale/Retail Trade

46.3%

1,701

8.2%

Construction

40.6%

1,327

16.0%

Leisure & Hospitality

27.2%

1,395

10.8%

Industry

Sources: Unemployment data derived from BLS, Employment Situation, December 2011. Table A-14:

Unemployed Persons by Industry, Published January 6, 2012. Percentage with employer-sponsored coverage

calculated by CRS from the 2011 Annual Social and Economic Supplement to the Current Population Survey

(CPS, representing data from 2010).

(...continued)

are seeking to enter or re-enter the labor force. These individuals are discussed in “Health Insurance Coverage for

Those Entering the Labor Force.”

26

For example, workers who had coverage prior to being unemployed could be eligible for COBRA coverage while

unemployed. See the “COBRA” section for more information. The Health Insurance Portability and Accountability Act

of 1996 (HIPAA, P.L. 104-191) guarantees that some individuals losing employer-sponsored insurance have certain

rights to purchase coverage in the individual market. For more information, see (archived) CRS Report RL31634, The

Health Insurance Portability and Accountability Act (HIPAA) of 1996: Overview and Guidance on Frequently Asked

Questions, by (name redacted) et al.

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Unemployment and the Availability of Health Insurance: Issues for Congress

Health Insurance Coverage for Those Entering the Labor Force

Those considered unemployed include individuals seeking to enter or re-enter the workforce and

actively looking for a job. Over one-third of the unemployed (35.4%) are just entering the labor

force either for the first time (9.7%) or re-entering after being out for some time (25.7%).27 This

latter group could include family caregivers looking to return to work, retirees looking to return to

work to supplement their income in the “down” economy, or those looking to return to work after

an extended illness.28

Those seeking to enter or re-enter the labor force did not necessarily lose employer-sponsored

coverage in their own names because they may not have had access to such coverage. Some may

have coverage through their spouse or parents, some may have retiree health benefits from a prior

employer, or some may be purchasing COBRA; others may be uninsured. For those who do not

have coverage, entering or re-entering the workforce may not provide immediate access to

employer-sponsored insurance. In 2011, 72% of newly insured employees were subject to a

waiting period before becoming covered, and the average waiting period was 2.2 months.29

Other At-Risk Groups

Complicating the analysis of unemployment and insurance coverage are certain other at-risk

groups who are not technically unemployed but who do not have coverage due to a change in

work status. These other at-risk groups include involuntary part-time workers and discouraged

workers who have left the workforce altogether.30 If these individuals were counted in the

December 2011 unemployment rate, it would increase from 8.5% to 15.2%.31 Legislative

proposals to help the unemployed with health insurance typically focus solely on individuals who

do not have a job and are actively searching for work; however, individuals in other at-risk groups

may also be without health insurance.

Involuntary Part-Time Workers

The number of involuntary part-time workers has decreased over the past year, from 8.9 million

to 8.1 million. These are individuals who wanted to work full-time but instead had to work parttime.32 Part-time workers are 1.5 times more likely to be uninsured (27.6%) compared to full-time

workers (17.6%),33 as employers are more likely to provide health benefits to full-time workers

27

BLS, Employment Situation, December 2011, Summary Table A-11: Unemployed Persons by Reason for

Unemployment, January 6, 2012.

28

CRS analysis of the 2011 Annual Social and Economic Supplement to the CPS (representing data from 2010).

29

Kaiser Family Foundation and Health Research and Educational Trust, Employer Health Benefits: 2011 Annual

Survey, September 27, 2011, http://ehbs.kff.org/.

30

Only individuals who are actively seeking work and are available for work are included in the statistics counting the

unemployed. Individuals who have stopped looking for work (discouraged workers) are not typically included in the

statistics counting the unemployed.

31

BLS, Employment Situation, December 2011, Summary Table A-15: Alternative Measure of Labor Underutilization,

January 6, 2012.

32

BLS, Employment Situation, December 2011, Summary Table A: Household Data Seasonally Adjusted, January 6,

2012.

33

Paul Fronstin, Sources of Health Insurance and Characteristics of the Uninsured: Analysis of the March 2011

(continued...)

Congressional Research Service

9

Unemployment and the Availability of Health Insurance: Issues for Congress

than to part-time workers. In 2011, about 60.0% of all employers offered health benefits, but only

16.0% of these employers offered health benefits to part-time workers.34

Discouraged Workers

Another group at risk for not having health insurance coverage is discouraged workers—

individuals not currently looking for work because they believe jobs are not available for them.

As of December 2011, there were approximately 945,000 discouraged workers. This number has

more than doubled since the recession began in December 2007.35

Current Programs That Assist Some Unemployed

with Health Insurance

Current federal law includes several programs and tax treatments that might help some

unemployed with respect to health insurance. Programs and tax treatments for which coverage is

directly or otherwise closely related to being unemployed include the mechanisms listed below. In

subsequent sections, each of these programs and tax treatments is briefly summarized and

assessed. The assessment considers the advantages and disadvantages of each mechanism from

the perspective of unemployed individuals.

•

COBRA

•

Health Coverage Tax Credit

•

Medicaid

•

Itemized Deduction for Medical Expenses

•

Health Savings Accounts

COBRA

Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA, P.L. 99-272)

generally requires employers with 20 or more workers to provide employees and their families

the right to continue participation in the company’s group health plan in case of certain events,

one of which is involuntary dismissal. Depending on the triggering event, the continuation period

generally lasts up to 18 or 36 months.36

(...continued)

Current Population Survey, Employee Benefit Research Institute, Issue Brief No. 362, September 2011,

http://www.ebri.org/pdf/briefspdf/EBRI_IB_09-2011_No362_Uninsured1.pdf.

34

Kaiser Family Foundation and Health Research and Educational Trust, Employer Health Benefits: 2011 Annual

Survey, September 27, 2011, http://ehbs.kff.org/.

35

BLS, Employment Situation, December 2011, Summary Table A: Household Data Seasonally Adjusted, January 6,

2012; BLS, Employment Situation, December 2008, January 4, 2008.

36

CRS Report R40142, Health Insurance Continuation Coverage Under COBRA, by (name redacted). Forty states have

continuation laws of their own which extend COBRA-like protections to firms with fewer than 20 employees or

lengthen the continuation period for some individuals. Kaiser Family Foundation, Expanded COBRA Continuation

(continued...)

Congressional Research Service

10

Unemployment and the Availability of Health Insurance: Issues for Congress

•

One attraction of COBRA for unemployed individuals is that they can continue in

the health plan they had while working; this is especially important when the

plan is linked to particular doctors and other providers. Additionally, employer

plans have group rates, which often are lower than individual market insurance

premiums for similar benefits when individuals are older or have health

conditions.

•

One limitation of COBRA for the unemployed has been that covered individuals

usually have to pay 102% of the health plan’s full premium (i.e., both the

employee’s and the employer’s share, plus a 2% administrative fee). Without

subsidies, typical premiums can consume a large part of an unemployment

benefit, or even exceed it in the case of family coverage.37

•

A second limitation of COBRA for the unemployed is that if a firm files for

bankruptcy under Chapter 7 of Title 11 of the U.S. Code, the employer ceases to

exist. Because COBRA is provided through the employer, if there is no employer,

there is no COBRA obligation.38

Health Coverage Tax Credit

The Health Coverage Tax Credit (HCTC) is an individual income tax credit that is both

refundable (allowing taxpayers to receive the full amount regardless of their tax liability) and

advanceable to health plans (allowing taxpayers to benefit from the credit while they have

coverage, not just after they file their returns the next year). The 72.5% credit39 can be applied to

premiums for 11 types of health insurance, 4 of which (including COBRA) are available

nationwide, but 7 of which first require state approval. Eligible taxpayers must be receiving Trade

Adjustment Assistance (TAA) benefits (or would be except that they have not exhausted their

unemployment benefits), Reemployment Trade Adjustment Assistance benefits, or pension

benefits being paid because the Pension Benefit Guaranty Corporation has taken over their

pension plan.40 Individuals are not eligible if they are enrolled in employer-sponsored insurance,

Medicare Part B, Medicaid, or CHIP (among others), or if they are entitled to Medicare Part A

(among others).41

(...continued)

Coverage for Small Firm Employees, 2010, http://statehealthfacts.org/comparetable.jsp?ind=357&cat=7&sub=

88http://www.statehealthfacts.org/comparetable.jsp?cat=7&ind=357&typ=5.

37

Squeezed! Caught between Unemployment Benefits and Health Care Costs. Families USA January 2009.

Bankruptcies under Chapter 7 of Title 11 of the U.S. Code are distinct from Chapter 11 bankruptcies. A Chapter 7

bankruptcy is a business liquidation and the employer goes out of existence; a Chapter 11 bankruptcy is a

reorganization and the employer remains in business and must therefore honor its COBRA obligations. See CRS

Report R40142, Health Insurance Continuation Coverage Under COBRA, by (name redacted).

39

When the HCTC was initially authorized in 2002 under the Trade Act of 2002 (P.L. 107-210), the subsidy rate was

65%. The American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) temporarily increased the subsidy

rate to 80%, with a sunset date of February 13, 2011. Under the Trade Adjustment Assistance Extension Act of 2011

(P.L. 112-40), the subsidy rate of 72.5% became retroactively effective on that date.

40

Prior to a change in legislation in 2011, Reemployment Trade Adjustment Assistance (RTAA) was known as

Alternative Trade Adjustment Assistance (ATAA). To receive TAA or RTAA benefits, individuals must meet certain

eligibility requirements. For more information see CRS Report R42012, Trade Adjustment Assistance (TAA) for

Workers, by (name redacted).

41

The HCTC eligibility rules are complex. For more information, see CRS Report RL32620, Health Coverage Tax

(continued...)

38

Congressional Research Service

11

Unemployment and the Availability of Health Insurance: Issues for Congress

•

One attraction of the HCTC for the unemployed is that the 72.5% premium credit

applies regardless of annual income, which can help individuals who have

income earned earlier in the year before they become unemployed or who have a

spouse who remains employed.

•

Limitations of the HCTC for the unemployed include restricted eligibility

categories, short eligibility periods for some TAA beneficiaries (eligibility can

range from less than a year to over two years, depending on state residency and

other circumstances), and the inability of cash-strapped taxpayers to pay the

remaining part of the premium.42

Medicaid

Medicaid is a federal-state entitlement program targeted toward low-income individuals. It

finances health and long-term care services primarily for the elderly, individuals with disabilities,

members of families with dependent children, and certain other pregnant women and children.

Participants must meet low-income and sometimes limited-resource or asset tests that are

established by states within federal guidelines. States must cover certain categorical groups and

provide various defined services, but they have options to cover other groups and add other

services.43

•

One attraction of Medicaid for the unemployed is that the program can pay for a

wide range of medically necessary treatments, usually with small deductibles or

copayments relative to employer-sponsored coverage.

•

A limitation of Medicaid for the unemployed is that they might not meet income

and asset tests the states impose, and some (such as childless, non-disabled

adults) might not be categorically eligible. In addition, the doctors and other

providers they had prior to becoming unemployed might not accept Medicaid.

(See discussion about future expansions to Medicaid to non-traditional groups in

section on “The Affordable Care Act and the Unemployed.”)

Itemized Deduction for Medical Expenses

Taxpayers who itemize their deductions may deduct certain unreimbursed medical expenses that

exceed 7.5% of their adjusted gross income. These medical expenses include insurance

premiums, insurance deductibles and copayments, and direct payments to providers, among other

things. Most state income tax systems also allow a deduction for medical expenses, providing

additional tax savings.

•

One attraction of the itemized deduction for the unemployed is that it has no

employment-related eligibility tests; some individuals who have lost full-time

(...continued)

Credit, by (name redacted).

42

For more information about the limitations of the HCTC, see Stan Dorn, Health Coverage Tax Credits: A Small

Program Offering Large Policy Lessons,The Urban Institute (February 2008).

43

For more information, see CRS Report RL33202, Medicaid: A Primer, by (name redacted), and (archived) CRS Report

RL31698, Transitional Medical Assistance (TMA) Under Medicaid, by (name redacted).

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12

Unemployment and the Availability of Health Insurance: Issues for Congress

jobs but are not defined as unemployed (such as those who can only find

intermittent part-time work) could still use it.

•

A limitation of the itemized deduction is that one must itemize deductions to use

it; most lower-income taxpayers find that their standard deduction is larger. The

7.5% adjusted gross income floor further limits its use. In addition, deductions

result in little tax savings for lower-income taxpayers because their marginal tax

rates are relatively low (typically 10.0% or 15.0%). If taxpayers have no taxable

income prior to considering their medical expenses, the deduction would not help

them.

•

A second limitation of the itemized deduction is that it is not advanceable.

Individuals who plan to deduct their medical expenses must still pay for the

medical expenses at the time they are used. For example, a medical expense paid

in March 2010 could not be itemized until taxes are filed in 2011. This could be a

significant financial burden for individuals, particularly for those who are

unemployed.

Health Savings Accounts

Health Savings Accounts (HSAs) are tax-advantaged accounts that individuals can use to pay

unreimbursed qualified medical expenses such as deductibles, copayments, and services not

covered by insurance. Contributions, which are either excluded from taxes (if made by

employers) or deductible (if made by individuals) can be made only when individuals have

qualifying high-deductible health insurance; for most, the annual contributions in 2012 are

limited to $3,100 for self-only coverage and $6,250 for family coverage. Amounts not used one

year can be rolled over to the next. Withdrawals used to pay health insurance premiums usually

are taxable, but not when one is receiving unemployment benefits or within a COBRA

continuation period.44

•

One attraction of HSAs is that they can serve as a rainy-day health care fund. If

individuals contribute to them regularly over a number of years, they could

accumulate a balance that can be used when they are unemployed. HSAs are

portable and not tied to continued work for a particular employer.

•

A limitation of HSAs for the unemployed is that one must have high-deductible

insurance (deductibles of at least $1,200 for single coverage or $2,400 for family

coverage in 2012) in order to be eligible to make contributions to the HSA; many

individuals are reluctant to accept the risk of such a high deductible, even though

high-deductible insurance premiums are somewhat lower. Individuals with highdeductible insurance sometimes do not contribute to an HSA or, if they do, they

use the money soon afterwards and cannot build up substantial balances.45

44

For more information about HSAs, see CRS Report RL33257, Health Savings Accounts: Overview of Rules for 2012,

by (name redacted).

45

U.S. Government Accountability Office, Health Savings Accounts: Participation Increased and Was More Common

Among Individuals with Higher Incomes, GAO-08-474R, April 1, 2008, http://www.gao.gov/assets/100/95416.pdf.

Congressional Research Service

13

Unemployment and the Availability of Health Insurance: Issues for Congress

The Affordable Care Act and the Unemployed

The ACA46 provides a number of immediate reforms to the health insurance market. Several

provisions of the ACA are intended to increase consumer access to health insurance.47 For

example, the ACA creates the Pre-Existing Condition Insurance Plan (PCIP). The PCIP is a

temporary, high-risk pool program that provides coverage to individuals who have been

uninsured for at least six months, have a preexisting condition or have been denied coverage

because of a health condition, and are U.S. citizens or legal aliens.48 The PCIP provides access to

health insurance to these individuals, but it does not provide financial assistance to the

individuals. The PCIP operates in every state and is to remain in effect until 2014, when

individuals in the program will have access to coverage through the health insurance exchanges

created by the ACA. As of November 2011, there were 44,852 individuals throughout the country

enrolled in the PCIP.49

An ACA provision that is helping certain unemployed individuals under age 26 obtain or retain

health insurance is the expansion of dependent coverage. Effective for plan years beginning after

September 23, 2010, the ACA generally requires that if a plan provides for dependent coverage of

children, the plan must continue to make such coverage available for an adult child until age 26.50

This provision is effective only if the parent has health insurance and that insurance covers

dependents. Recently, the Department of Health and Human Services reported that since the

policy took effect in September 2010, the percentage of adults aged 19-25 who are covered by

private insurance has increased significantly, from 64% in September 2010 to 73% in June

2011.51

Beyond the immediate reforms to the health insurance market, beginning in 2014 the ACA will

also provide premium tax credits and cost-sharing subsidies for certain eligible individuals who

obtain coverage through a health insurance exchange, which could include some unemployed

individuals.52 The premium tax credit will be an advanceable, refundable tax credit, meaning

taxpayers can benefit from the credit before the end of the tax year and may claim the full credit

amount even if they have little or no federal income tax liability. Those who qualify for premium

credits and are enrolled in certain plans in the health insurance exchange could also be eligible for

assistance in paying any required cost-sharing for their health services.

46

P.L. 111-148 as amended.

See CRS Report R42069, Private Health Insurance Market Reforms in the Patient Protection and Affordable Care

Act (ACA), by (name redacted) and (name redacted).

48

For more information about the PCIP program, see http://cciio.cms.gov/programs/pcip/index.html.

49

Department of Health and Human Services, “State by State Enrollment in the Pre-Existing Condition Insurance Plan,

as of November 30, 2011,” press release, January 13, 2012, http://www.healthcare.gov/news/factsheets/2012/01/

pcip01132012a.html.

50

CRS Report R41220, Preexisting Condition Exclusion Provisions for Children and Dependent Coverage under the

Patient Protection and Affordable Care Act (ACA), by (name redacted).

51

Assistant Secretary for Planning and Evaluation, Department of Health and Human Services, 2.5 Million Young

Adults Gain Health Insurance Due to the Affordable Care Act, December 2011, http://aspe.hhs.gov/health/reports/

2011/YoungAdultsACA/ib.shtml.

52

See CRS Report R41137, Health Insurance Premium Credits in the Patient Protection and Affordable Care Act

(ACA), by (name redacted) and (name redacted).

47

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Unemployment and the Availability of Health Insurance: Issues for Congress

In addition, in 2014, or sooner at state option, the ACA will expand Medicaid access to certain

individuals who are under age 65 with modified adjusted gross income (MAGI) 53 up to 133% of

the federal poverty level ($30,657 for a family of four in 2012).54 The ACA not only expands

eligibility to a group that is not currently eligible for Medicaid (low-income childless adults), but

also raises Medicaid’s mandatory income eligibility level for certain existing groups up to 133%

of FPL.55

Since most of these provisions will not be implemented until 2014, this results in an interim

period when unemployed individuals lack assistance in obtaining health insurance coverage.

While some unemployed individuals may access coverage before then (due to possible early state

expansions, for example), most unemployed individuals will not obtain financial assistance for

coverage before 2014.

Issues for Congress

It is difficult to predict how long Americans will continue to feel the effects of the recent

economic recession. Even if economic growth recovers, growth in employment may lag; the CBO

expects the national unemployment rate to remain above 8.0% through 2014.56 Unemployment

could remain high in some areas and for some groups even after the national average goes

down.57 Whatever the pattern, the unemployed might have difficulty obtaining and/or affording

health insurance for some time.

As shown in the preceding discussions, the unemployed are not a homogenous group. Some

individuals lose employer-sponsored health insurance when they lose their jobs, but other

unemployed individuals may not have coverage to begin with. In addition, there are involuntary

part-time workers and discouraged workers who do not have coverage. These issues raise related

policy questions, including, Should the federal government provide assistance to all of these

groups? If so, what are the advantages and disadvantages of providing assistance? For those

considering assistance, what are the advantages and disadvantages to giving higher priority to

some groups? Several issues are involved:

•

Given that many people will receive assistance in 2014, is it preferable to

maintain the status quo until then?

•

Among those who support more assistance and/or immediate assistance:

53

For more information about MAGI, see CRS Report R41997, Definition of Income in ACA for Certain Medicaid

Provisions and Premium Credits, coordinated by (name redacted).

54

The ACA specifies that an income disregard in the amount of 5% FPL will be deducted from an individual’s income

when determining Medicaid eligibility based on MAGI, thus the effective upper-income eligibility threshold for such

individuals in this new eligibility group will be 138% FPL.

55

To qualify for Medicaid, an individual must meet both categorical (i.e., must be a member of a covered group, such

as children, pregnant women, families with dependent children, the elderly, or the disabled) and financial eligibility

requirements. There are approximately 50 different eligibility “pathways” into Medicaid, including those that existed

before the ACA was enacted. For more information, see CRS Report R41210, Medicaid and the State Children’s

Health Insurance Program (CHIP) Provisions in ACA: Summary and Timeline, by (name redacted) et al.

56

CBO, The Budget and Economic Outlook: Fiscal Years 2012 to 2022, January 2012, http://www.cbo.gov/

publication/42905.

57

For more information see Metropolitan Area Employment and Unemployment: December 2009, U.S. Bureau of

Labor Statistics News, January 22, 2010, at http://www.bls.gov/news.release/pdf/metro.pdf.

Congressional Research Service

15

Unemployment and the Availability of Health Insurance: Issues for Congress

•

In general, there appears to be a trade-off between concerns about cost and

concerns about equity. Providing assistance to all the groups mentioned

above would cost more than helping just those who lost employer-sponsored

coverage, but on grounds of equity it may be difficult to justify not helping

all. However, if the immediate goal is not to allow the number of uninsured

individuals to increase, there is something to be said for giving higher

priority to those who recently had coverage.

•

If assistance is given to those who did not have employer-sponsored

coverage, what form of coverage should they have? Should they be enrolled

in public programs such as Medicaid or Medicare, or should they be

permitted private insurance options? If the latter were allowed, what benefit

and consumer protection standards might apply?

While comprehensive health care reform has been enacted, it will not provide immediate health

insurance coverage to all currently unemployed individuals. For those considering more

immediate action, there are a number of legislative proposals that could be considered in the 112th

Congress. The proposed programs would likely be temporary, however, and would provide some

coverage until the ACA is fully implemented and the health care exchanges are operational (in

2014).

Extending COBRA

Legislative proposals to extend COBRA include extending the eligibility period for the COBRA

premium subsidy included in the American Recovery and Reinvestment Act of 2009 (ARRA, P.L.

111-5 and subsequently extended) to those unemployed after May 31, 2010, and/or extending the

eligibility period for receiving COBRA at unsubsidized rates beyond 18 months.

Extend the Eligibility Period for COBRA Premium Subsidy

A provision of ARRA, as extended through subsequent amendments, provided a 65% COBRA

subsidy in the form of an employer tax credit for eligible workers who became unemployed

before May 31, 2010. The subsidy was limited to 15 months, and individuals had to pay the

remaining balance. This provision has since expired. The COBRA premium subsidy was not

available for those who lost their jobs after May 31, 2010. One advantage of further expanding

eligibility for COBRA premium subsidies is that the legislative and regulatory frameworks

(including administrative procedures and legal interpretations) are already in place. A

disadvantage for the unemployed is that COBRA subsidies are limited to only a portion of those

out of work, and they do not apply to those who may be just entering or re-entering the workforce

after an extended absence. In addition, some employers find changes to COBRA administratively

burdensome,58 and the extensions would add expenditures to an already strained federal budget.59

58

Rebecca Vesely, “Feeling COBRA’s Bite,” Modern Healthcare, May 18, 2009.

The Joint Committee on Taxation estimated the COBRA subsidy to cost $24.5 billion over three years and the HCTC

expansion $457 million. Joint Committee on Taxation, Estimated Budget Effects of the Revenue Provisions Contained

in the Conference Agreement for H.R.1, the “American Recovery and Reinvestment Tax Act of 2009,” JCX-19-09,

February 12, 2009, http://www.jct.gov/publications.html?func=startdown&id=1172.

59

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Unemployment and the Availability of Health Insurance: Issues for Congress

Extend Eligibility Period for Receiving COBRA Beyond 18 Months

In addition to extending the COBRA premium subsidy, another possible option is to extend the

COBRA eligibility period, which now is generally limited to 18 months. An extension could help

individuals who need more time in a prolonged recession (or in its after effects) to find jobs that

provide health insurance. As noted earlier, a limitation of unsubsidized COBRA for the

unemployed has been that covered individuals usually have to pay 102% of the health plan’s full

premium. Because most employers subsidize health insurance premiums for their workers, the

102% COBRA premium may not be affordable for the unemployed, especially when compared

with the average level of unemployment compensation. Employers might argue that extended

coverage would be most attractive to individuals who have (or whose family members have)

serious health problems. If this were the case, covering these individuals in the plan could raise

costs for others in the plan. While extending COBRA would not increase federal expenditures, it

would provide access to health insurance, but not necessarily financial relief from paying for the

coverage, to individuals.

Medicare Expansion

As noted in the preceding discussion, individuals aged 55 and older are a growing segment of the

unemployed population. Unemployed individuals in this age group often have more difficulty

finding another job (or at least another job comparable to the one they lost), have fewer working

years remaining to recover financially, and are at an increased risk of health problems. Some have

proposed allowing older unemployed individuals to buy into Medicare early, that is, to join the

Medicare program by paying premiums. Individuals are generally not eligible for Medicare until

age 65.60

Many different design options need to be considered in this approach, including who would be

eligible and the possibility of subsidies. One approach is not to provide subsidies, but instead to

fully fund the program by charging premiums for individuals aged 62 to 64. Individuals who do

not have employer-sponsored health insurance or Medicaid could voluntarily enroll in Medicare.

Premiums would equal the average expected cost of the program plus an administrative fee of

5%. CBO estimated that the annual premium for single coverage would be $7,600 in 2011. CBO

also estimated that this would indirectly increase mandatory spending for Social Security, as it

may encourage some individuals to retire earlier than they otherwise would have.61

A Medicare buy-in is similar in some ways to expanding the eligibility period for COBRA

beyond the 18-month window. Both would require enrollees to pay the full cost of the coverage.

There are advantages, however, to the COBRA option versus the Medicare buy-in. First, the

COBRA option would be available to all the unemployed who have access to employersponsored insurance through former employment, regardless of age. Second, for the older

unemployed, the premiums would most likely be lower under the COBRA option because the

pool of applicants would include a more diverse group in terms of age and the administrative cost

(of 2%) is lower. The advantage of the Medicare buy-in proposal compared to the COBRA option

60

Certain individuals can qualify for Medicare under age 65 based on disability, although in most circumstances there

is a 24-month waiting period for Medicare once the individual is deemed disabled.

61

For a more detailed description of this proposal see Congressional Budget Office (CBO), Budget Options Volume 1:

Health Care, 2008.

Congressional Research Service

17

Unemployment and the Availability of Health Insurance: Issues for Congress

is that the Medicare buy-in would cover older workers re-entering the labor force, whereas the

COBRA option would apply only to those individuals who had left a job.

Author Contact Information

(name redacted)

Analyst in Health Care Financing

/redacted/@crs.loc.gov, 7-....

Acknowledgments

(name redacted), a former CRS Specialist in Health Ca re Financing, wrote the original version of this

report.

Key Policy Staff

Area of Expertise

Name

Phone

Health Insurance Data

Annie Mach

7-....

/redacted/@crs.loc.gov

Health Care Tax Issues

(name redacted)

7-....

/redacted/@crs.loc.gov

Medicaid

Evelyn Baumrucker

7-....

/redacted/@crs.loc.gov

COBRA

(name redacted)

Unemployment Compensation

Julie Whittaker

Health Coverage Tax Credit

(name redacted)

Older Workers and Unemployment

(name redacted)

Trade Adjustment Assistance

(name redacted)

Congressional Research Service

E-mail

7-....

7-....

7-....

/redacted/@crs.loc.gov

/redacted/@crs.loc.gov

/redacted/@crs.loc.gov

7-....

7-....

/redacted/@crs.loc.gov

/redacted/@crs.loc.gov

18

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