Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Annual Enrollment Time for my Employer

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  • Annual Enrollment Time for my Employer

    First off, Thank you all for sharing your stories.

    Secondly, I am in need of some advice. It is annual enrollment time for my employer. Is there a preset amount we can pay for our benefits? I have asked my attorny but he is dragging his feet in rssponding to me. My wife and I were instructed to get our 'health' issues resovled prior to filing for chapter 13. We will present the trustee our plan next year once her knee surgury and my wrist surgury are healed up.

    I was reading on the Justice Departments webpage and this clause leads me to belive that we really should stay with in a certain amount.

    National Standards: Out-of-Pocket Health Care Expenses
    Out-of-Pocket Health Care standards have been established for out-of-pocket health care expenses including medical services, prescription drugs, and medical supplies (e.g. eyeglasses, contact lenses, etc.).
    The table for health care allowances is based on Medical Expenditure Panel Survey data and uses an average amount per person for taxpayers and their dependents under 65 and those individuals that are 65 and older.
    The out-of-pocket health care standard amount is allowed in addition to the amount taxpayers pay for health insurance.

    Looks like for this year its 49 dollars for under 65. does that mean we can only spend 49 dollars per month on benefits?

  • #2
    Since you are referring to limits on out of pocket expenses, I assume you are trying to decide how much to contribute to a medical savings plan. The limits you refer to are for the Chap 7 means test. Contribute what you expect to spend. Your plan will allow whatever necessary medical expenses you can document.

    If you are talking about insurance premiums, don't worry about those. Get yourself insured. Even on the Chap 7 means test, the $49 does not refer to insurance premiums, only the out of pocket expenses not covered by insurance.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      You hit the nail on the head, I am trying to plan for premiums right this minute. we have an HSA that I set 2k in for the year. 4 kids it 'barely' covers their copays and such. that's excellent news thank you for your help. VERY much!!


      • #4
        So, there are two different things: A health savings account (HSA) and a Flexible Spending Plan (FSP). HSAs can be used only by people who have high deductible insurance policies and are used to pay your uncovered medical expenses (co pays, deductibles, prescriptions, etc.). What you don't use in one year can be rolled over to the next. FSPs pay for the same expenses, but do not require that you have a high deductible plan. With an FSP, you lose what you don't spend within the year.

        In BK, the $49 per month covers out of pocket expenses. It would include your contributions to an FSP that you actually use for out of pocket expenses, but it does not include contributions to an HSA. You can claim that your family's out of pocket expenses exceed $49 per person and there is a separate line on the means test to enter the excess out of pocket expenses. But, if you exceed the $49, you need to be prepared to document your out of pocket expenses if the trustee asks.

        The means test has separate lines for insurance premiums and contributions to HSAs. Those amounts are not limited to a specific dollar amount, but must be in amounts reasonably necessary for your family.

        In a Chap 13, regardless of what is on the means test, if the trustee asks, you will have to document whatever medical expenses you claim in calculating your plan payment. My out of pocket expenses exceeded the $49 and my attorney told me to be prepared to provide documentation, but the trustee never asked.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


        • #5
          I do $2,500 into an FSP and the trustee never questioned it, but with everything I am sure it depends on your area and your trustee.


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