Poll shows HR departments struggling with healthcare reform law

Many American businesses want more guidance from the Obama administration before they make decisions about the healthcare benefits they offer, a new poll found, though the majority think Republicans will not succeed in repealing the reform law.

The Society for Human Resource Management conducted the poll in late December, before a federal judge struck the law down and the House voted for repeal. At the time, 48 percent of respondents said they were waiting for more regulatory guidance from the administration on specific provisions of the reform law, while 13 percent said they were hoping for full repeal.

"A majority of organizations are not counting on repeal. They are seeking guidance and moving forward to make sure they comply with the law," Mark Schmit, the group's director of research, said in a statement. "This is the smart approach because a health-care plan design affects the entire organization."

An April Congressional Research Service report found that the rule-making process for healthcare reform would "stretch out for decades." Still, more than half of respondents — 51 percent — said they'd already decided to continue offering coverage.

Fewer than 2 percent have decided to drop coverage, and another 27 percent wanted to conduct a study first. Another 22 percent said they were unsure.

Republican opposition to the law has created much legal and regulatory uncertainty. The House voted last month to repeal the law, and is now trying to repeal certain provisions while withholding funding for the administration to carry out the reform provisions.

Democrats are also contributing to the uncertainty.

President Obama in his State of the Union address said he wanted to work with Republicans to "improve" the law. And centrist senators have also been suggesting ways to replace the individual mandate, which could have repercussions on how generous healthcare plans will have to be.

The poll also tracked individual provisions and uncovered varying obstacles.

For example, most businesses are struggling with the requirement that young people up to age 26 be allowed to stay on their parents' plans. Democrats have repeatedly touted that as one of the most important consumer protections of the law, but 54 percent of respondents said they were having trouble putting it into place because of its cost.

Also, 48 percent of respondents said they were having trouble with the law's voluntary long-term care insurance program, which is funded by a payroll deduction. They faulted a "lack of understanding of the details of the law."

And 34 percent of respondents raised concerns with new restrictions on Flexible Spending Accounts, citing "employee out-of-pocket cost." The healthcare reform law bans the use of FSAs to buy over-the-counter medications.