Employee Benefits
2026 Benefits State of the Union: High-Cost Drugs and What They Mean for Your Health Plan
According to Mployer Insights’ 2026 analysis of 50,000+ employer health plans, prescription drugs account for over 25% of total benefit expenses, with Tier 4 specialty drugs driving the majority of high-cost claims. While Tier 4 copays average $123 with coinsurance requirements in 31% of plans, individual oncology therapies like Darzalex Faspro ($170,800/yr) and Keytruda ($158,200/yr) frequently exceed average individual stop-loss deductibles ($141,938). To mitigate exposure, self-funded employers are increasingly turning to independent, transparent PBM models and biosimilar substitution—which yields up to a 73% net cost reduction per patient.
August 9, 2026

The Likely Fastest-Growing Line in Your Benefits Budget

Modern medicine has produced remarkable advances. Cancer therapies that were not available five years ago are now extending and saving lives. Treatments for autoimmune diseases, multiple sclerosis, and rare genetic conditions are giving employees and their families real options where few existed before. As an employer, providing access to these treatments through your benefit plan is one of the most meaningful things your organization does for the people who work there.

It also comes with a financial reality that every benefits decision maker needs to understand clearly. Over 25% of total employer health benefit expenses are now driven by prescription drugs, and within that figure, a small number of specialty drugs account for an outsized share of the cost. A single covered employee on an oncology therapy can generate $100,000 to $170,000 or more in annual drug spend. A handful of members on these treatments can represent a larger budget impact than the entire pharmacy spend of the rest of your workforce combined. The goal is not to restrict access to these medications. The goal is to understand how the system works, how costs flow, and how to structure your plan so that both your employees and your organization are best positioned for the long term.

This piece covers how the pharmacy benefit system works, how your plan’s tier structure determines who pays what, how stop-loss insurance interacts with high-cost drug claims, and what employers can do to manage this exposure thoughtfully.

The tier structure in the chart above reflects how plans already account for the cost complexity of specialty drugs. Tier 4, which is where specialty biologics and injectables are typically placed, carries significantly higher cost-sharing than the other tiers: an average employee copay of $123 and coinsurance requirements in 31% of plans. But Tier 4 behaves very differently from the other tiers. On Tier 1, 2, and 3 drugs, cost-sharing is relatively predictable and manageable. On Tier 4, the combination of high drug cost and percentage-based coinsurance can generate out-of-pocket exposure that approaches or exceeds a patient’s annual out-of-pocket maximum in a single month of therapy. How Tier 4 is structured, what controls are in place, and how the plan manages cost is one of the most consequential design decisions an employer makes.

Understanding Your Benefit Plan’s Pharmacy Options

How Pharmacy Benefit Managers Work

Most employer health plans do not manage pharmacy benefits directly. That function is delegated to a Pharmacy Benefit Manager, or PBM, which acts as the intermediary between the health plan, the pharmacy, and the drug manufacturer. The PBM builds and maintains the formulary, negotiates drug prices and rebates with manufacturers, contracts with pharmacy networks, and processes pharmacy claims. The three dominant PBMs, Express Scripts (owned by Cigna), CVS Caremark (owned by CVS Health / Aetna), and OptumRx (owned by UnitedHealth Group), together manage the pharmacy benefits of approximately 80% of covered lives in the United States. Each is affiliated with a major carrier, meaning that employers who use an ASO medical arrangement often default to the carrier’s affiliated PBM without realizing it. Independent PBMs such as Capital Rx, Navitus, and MedOne Pharmacy Benefit Solutions operate on transparent, pass-through pricing models that return all rebates to the plan rather than retaining them as PBM revenue. PBMs are compensated through administrative fees, spread pricing (charging the plan more than the pharmacy receives and keeping the difference), manufacturer rebates in exchange for formulary placement, and specialty pharmacy margin. For any employer managing meaningful specialty drug spend, understanding which of these revenue sources applies to your contract is essential.

How Drug Tiers and Cost-Sharing Work

Every pharmacy benefit plan organizes covered drugs into tiers, with cost-sharing that increases as you move from Tier 1 generics (avg. $12 copay) through Tier 2 preferred brands ($40), Tier 3 non-preferred brands ($71), and into Tier 4 specialty drugs ($123 copay, with coinsurance in 31% of plans). The tier placement of a drug affects both what the employee pays and, indirectly, what the plan pays, since tier placement drives utilization patterns. Plan sponsors have real levers here: step therapy (requiring a patient to try a lower-cost drug first), prior authorization, specialty pharmacy channel mandates, and formulary exclusions all affect Tier 4 cost without eliminating clinical access. These controls require balancing cost management with the reality that for many specialty drugs, no lower-cost alternative achieves the same clinical outcome.

How Stop-Loss Insurance Interacts with High-Cost Drug Claims

For self-funded employers, specialty drug claims are now among the most common triggers for individual stop-loss reimbursement. A single employee on a cancer therapy or rare disease treatment can generate pharmacy claims that exceed the plan’s specific stop-loss deductible, which averages $141,938 nationally for self-insured plans, within a single plan year. The mechanics: the employer pays all claims up to the deductible threshold, and the stop-loss carrier reimburses costs above it. Several dynamics are specific to high-cost drugs. At renewal, stop-loss carriers may laser a known high-cost member by raising their individual deductible or excluding them from coverage. Some carriers now specifically carve out GLP-1 medications or other high-utilization drug categories from stop-loss reimbursement, so employers adding new drug coverage should verify what their contract covers. Specialty drugs can also be administered under either the pharmacy benefit or the medical benefit depending on whether they are self-administered or clinic-administered, and some stop-loss contracts apply different terms to each channel. Employers should model their actual specialty drug cost distribution against their stop-loss deductible at every renewal to understand where the plan’s real exposure sits.

The Costliest Specialty Drugs: What They Treat and What They Cost

The chart below shows the highest-cost specialty and biologic drugs by average cost per patient, ranked from most to least expensive. Cancer therapies dominate the top of the list, but treatments for autoimmune conditions, MS, and inflammatory disease also appear, reflecting how broadly specialty drug spending is distributed across a workforce.

  • Darzalex Faspro (daratumumab/hyaluronidase) | $170,800 avg. annual cost per patient. Janssen (J&J). Multiple myeloma, a blood cancer. The highest-cost drug on the list by average patient cost. The subcutaneous formulation allows home administration, increasing the likelihood it flows through the pharmacy benefit rather than the medical benefit.
  • Keytruda (pembrolizumab) | $158,200 avg. annual cost per patient. Merck. FDA-approved across more than 40 cancer indications including lung, melanoma, head and neck, and bladder cancers. One of the most prescribed oncology drugs globally and one of the most common high-cost pharmacy claims in large employer plans.
  • Yervoy (ipilimumab) | $149,800 avg. annual cost per patient. Bristol-Myers Squibb. Melanoma and in combination with Opdivo for lung and other cancers. Combination Yervoy plus Opdivo therapy is among the highest per-patient drug cost regimens in common use.
  • Enhertu (trastuzumab deruxtecan) | $139,800 avg. annual cost per patient. AstraZeneca / Daiichi Sankyo. HER2-positive and HER2-low breast and gastric cancers. A significant recent clinical advance for patients with cancers that previously had limited options after first-line treatment.
  • Opdivo (nivolumab) | $135,600 avg. annual cost per patient. Bristol-Myers Squibb. Melanoma, lung, kidney, bladder, and other cancers. Frequently used in combination with Yervoy, compounding cost significantly when both are prescribed together.
  • Ocrevus (ocrelizumab) | $106,200 avg. annual cost per patient. Genentech. Relapsing and primary progressive multiple sclerosis. MS therapies are a persistent specialty drug cost driver because patients remain on therapy for years, making each diagnosed member a multi-year plan cost.
  • Entyvio (vedolizumab) | $56,600 avg. annual cost per patient. Takeda. Moderate-to-severe Crohn’s disease and ulcerative colitis. Inflammatory bowel disease therapies are among the most common specialty drug claims in employer plans because the conditions are prevalent in working-age adults.

Biosimilars: The Cost Opportunity Most Employers Are Not Fully Using

A biosimilar is a biologic drug that is highly similar to an already-approved reference biologic, with no clinically meaningful differences in safety, purity, or potency. Biosimilars are not generic drugs in the traditional sense, because biologic drugs are complex proteins manufactured from living cells and cannot be chemically replicated exactly. But they go through an FDA approval pathway that confirms their clinical equivalence to the reference product, and they cost significantly less. The biosimilar market has expanded rapidly as major biologic patents have expired. Humira, the world’s best-selling drug for much of the past decade, now has multiple biosimilar competitors in the U.S. Stelara has followed. The oncology biosimilar pipeline is maturing, with more approvals expected in the next two to three years.

The chart above shows what biosimilar substitution looks like in dollar terms. For Humira, the net price after rebates and negotiated discounts is $2,370 per box. The biosimilar Yusimry has an estimated net price of $635, a 73% reduction. For Stelara, the reference drug net price is $7,636 per box. The biosimilar Starjemza has an estimated net price of $4,010, a 47% reduction. For an employee on monthly Humira therapy, the difference between the reference drug and the biosimilar is approximately $21,000 per year in net plan cost. For a Stelara patient, the annual difference is approximately $43,500. Across even a small number of members on these therapies, biosimilar substitution is one of the highest-return cost management interventions available.

Plan sponsors have four main tools to drive biosimilar adoption: preferred formulary placement (putting the biosimilar on a lower tier and the reference drug on a higher tier), step therapy for new patients, automatic substitution where state law permits, and formulary exclusion of the reference drug entirely. The most important variable in any biosimilar strategy is whether your PBM has a financial incentive to keep the reference drug preferred. A PBM earning a large rebate on Humira has a direct financial reason to keep Humira on the preferred formulary, even when the biosimilar costs the plan less on a net basis. Independent PBMs operating on pass-through pricing remove this conflict entirely, because all rebates return to the plan and formulary decisions are made without a competing financial interest.

What Employers Should Be Asking About Their Pharmacy Benefit

High-cost drug management requires active decisions about PBM contract structure, formulary design, specialty pharmacy strategy, and stop-loss alignment. The questions worth asking at every renewal:

  • Is your PBM contract pass-through or spread-based? A pass-through model means you pay exactly what the pharmacy receives and all rebates come back to the plan. A spread-based model means the PBM earns revenue that is not visible in the administrative fee. Request full compensation disclosure under the CAA requirements.
  • Are you receiving all available biosimilar savings? Ask your PBM for a net cost comparison of each reference drug plus rebate against the available biosimilar net price. The answer will tell you whether your formulary is designed around the plan’s cost interest or the PBM’s rebate interest.
  • What is your specialty drug channel strategy? Are specialty prescriptions being filled through your PBM’s affiliated specialty pharmacy? Carving specialty to an independent pharmacy or using a white-bagging program for clinic-administered drugs can generate meaningful cost differences.
  • How does your stop-loss deductible interact with your specialty drug exposure? Model your actual specialty drug claims against your stop-loss threshold. If most of your high-cost drug claims fall below the deductible, the plan is absorbing those costs without triggering reimbursement.
  • Does your formulary have appropriate Tier 4 controls? Step therapy, prior authorization, and quantity limits on specialty drugs reduce cost without eliminating clinical access. Without these controls, high-cost therapies can be approved and dispensed without any plan-level review of whether a lower-cost alternative exists.

Know How Your Pharmacy Benefit Compares

Pharmacy is now one of the two or three most consequential cost management decisions in health plan design. The employers managing it well are not restricting access to the medications their employees need. They are ensuring that the structure of the benefit, the PBM contract, the formulary design, and the stop-loss coverage work together in the plan’s interest, and that every dollar spent on high-cost drugs is spent as efficiently as possible.

Mployer’s benefits rating evaluates pharmacy benefit design as part of the Medical pillar score, benchmarked against a custom cohort matched by size, region, and industry. Knowing where your pharmacy benefit stands relative to employers who actually look like you is the starting point for making better decisions.

See how your benefits package compares to your custom cohort at MployerAdvisor.com.

Sources

Mployer Insights: Average Spend by Setting, Prescription Structure, and High-Cost Specialty Drugs. Source: Mployer Insights analysis.

MedOne Pharmacy Benefit Solutions: Biosimilar substitution impact data for Humira/Yusimry and Stelara/Starjemza. MedOne is a leading independent PBM focused on improving health outcomes and reducing net costs for self-funded employers. [email protected].

Mployer 2025 and 2026 Employee Benefit Plan Design Study, covering 50,000+ employer plans. Individual stop-loss avg $141,938 self-insured.

Consolidated Appropriations Act of 2021, Section 202: broker/consultant compensation disclosure requirements for group health plans.

FDA Biosimilar approval framework: 42 U.S.C. Section 262(k).

Insurance Brokers
How Does a Property and Casualty Insurance Agent Earn Commission?
Property and casualty insurance policies help protect your business against damage, financial losses, legal claims, and covered perils.
March 12, 2021

Property and casualty insurance policies help protect your business against damage, financial losses, legal claims, and covered perils. But finding the best coverage means paying a broker or advisor, and many companies wonder how property and casualty insurance agents make commission.

A property and casualty insurance agent makes commission when they purchase or renew insurance on your behalf.

Most standard business insurance policies have property coverage and casualty insurance, which includes general liability coverage and business interruption coverage. Agents and brokers finding such coverage for you earn commissions at the time a sale takes place or upon being assigned your broker of record.

In this post, we discuss the importance of property and casualty insurance, along with how a property and casualty agent makes commission.

How a Property and Casualty Agent Earns Commission

Insurance types in the property and casualty specialty include business liability, commercial automobile, flood, workers compensation, and other coverages. The cost of these business insurance policies depends on the type of business, number of employees, deductibles, and coverage limits.

Regardless of the price, property and casualty insurance agents typically are compensated through a commission based on a percentage of the policy premium.

In most cases, commissions are paid by the insurance company that the employer chooses. It is usually a percentage of the premium for the policy, and may or may not be built into the retention component of the premium cost. This compensation may include base commissions and supplemental (or contingent) commissions.

Property and casualty insurance agents typically earn between 7% and 20% commission on each policy they sell. The amount varies depending on factors including the type of insurance product, risk classification, whether the policy is new or a renewal, and services provided to your company. Commissions for renewing policies are typically less than the initial commission paid for new business. This renewal may include a persistency percentage based on all of the policies of the broker’s different clients that are in-force with a specific insurance carrier.

Some brokers are paid solely through commissions for policy purchases and renewals, and some include other fees. Sometimes a fee is charged as they take on consultant (or advisor) roles. Some states have restrictions on these non-commission payments.

As agents and brokers take on more advisory responsibilities, fee-based compensation has become a more common payment method. Usually called a “fee for service agreement,” these fees may be paid by insurance companies or may be directly billed to the client.

As your business grows and changes, you should expect your insurance broker to provide decision support. To earn their payment, brokers and consultants should be involved in your plan several times per year, helping make decisions that complement your overall business objectives.

To avoid unexpected costs, you should know the services and fees upfront, examine your agent or broker’s relationship with insurers, and understand the difference between insurance brokers and insurance agents.

When evaluating insurance brokers, be sure to explore online ratings and benchmarking studies that show who is in your market.

Find a property & casualty insurance broker near you.

Why Is Property Insurance Important to a Business?

Property insurance covers financial losses resulting from damage to your business' physical assets, such as buildings or furniture. It also helps replace other property that is essential for your operations, including machinery or computers.

Depending on the specific limits of your policy, different perils may be covered. Covered perils can include problems such as theft, storms, rioting/looting and equipment malfunctions.

For example, if your business property is damaged or lost by various common incidents, such as fire or theft, property insurance compensates some or all of the related expenses. This extends from your company’s buildings or structures to personal property like office furnishings, materials, inventory and machinery.

Property insurance is important to your business because it protects assets including (but not limited to):

  • Buildings owned by your business
  • Permanently installed equipment on your property
  • Contents within your building, including inventory
  • Outdoor property that is located on the premises
  • Finished and unfinished goods, if you are a manufacturer
  • Machinery that suffers a breakdown, such as boilers, refrigerators or HVAC systems

If you have special property, equipment or goods that would be expensive to replace, do not assume that it is covered by your insurance policy. Speak with your agent or broker to make sure you have the coverage you need before disaster strikes.

Should Companies Buy Casualty Insurance?

Commercial casualty insurance is a broadly used insurance category that mostly comprises liability coverages. It refers to the liability-related pieces of property and casualty insurance. Casualty insurance covers damages and settlements your business might have to pay because of an incident related to your company or property that injured a third party.

Most, if not all, companies should purchase casualty insurance along with property insurance. For this reason, they are often bundled together into a business owner’s policy (BOP) or other umbrella policy. The specific coverages most appropriate for your company depend on how you operate, inherent risks in your industry, and what your employees do day to day.

Here are the most commonly purchased types of commercial casualty insurance:

  • General liability insurance: This casualty insurance protects businesses from claims or lawsuits by customers and other third parties for property damage, bodily injury or personal and advertising injury. Personal and advertising injury includes damage to a person’s or organization’s reputation due to false advertising, slander or libel.
  • Customers may claim your business has harmed them due to defective products, service errors or employee negligence, among other sources. General liability insurance compensates you for these types of claims and other legal defense costs, if you are found liable. It also typically covers medical bills for people injured by your company or on your commercial property.
  • Workers' compensation insurance: This coverage is mandatory for employers in most U.S. states. It pays the required benefits to employees who get injured on the job, including compensation for medical bills and payments for a portion of lost wages. Depending on the states your business operates in, employers must have workers’ compensation insurance when there are more than three to five employees.
  • Commercial auto insurance: This covers potential liability and damage related to your commercial vehicles, such as trucks and vans. If your company’s vehicles are damaged or destroyed, commercial auto insurance coverage covers costs for most of the damages.

There are other types of exposures and coverage solutions. Using an independent agent or broker is one of the best ways to make informed choices about property and casualty insurance. You will not have to spend time to be an expert on each coverage type and insurance carrier, because they can make it easy to understand your options.

A good property and casualty agent will work with you to research coverage, conditions and prices, and can recommend policies that best fit your company’s needs. Working with a professional will lower your opportunity costs and provide you opportunity to run your business.

Connect me with a broker

Want to discover more Mployer Advisor exclusive content? Check out our blog.

Health Insurance Trends
Do Insurance Brokers Have a Fiduciary Duty?
The article explores the question of whether insurance brokers have a fiduciary duty to their clients. It discusses the legal definitions of fiduciary duty and examines the various arguments for and against applying this standard to insurance brokers.
March 11, 2021

An insurance broker can save money for your business by procuring better rates and coverage than you could find and purchase on your own. And the best part? The insurance company usually pays them commissions – not you. But many businesses wonder if brokers have a fiduciary duty to serve in their best interests.

The good news is that insurance brokers do have a fiduciary duty to their clients.

When you hire an insurance broker, they work directly for you – not the insurance companies. So, you can think of an insurance broker as an intermediary between insurers and businesses, with no stakeholder interest in the policy itself.

In this post, we discuss a broker’s responsibilities to clients, how they are paid, and the fiduciary duties of insurance brokers and agents.

What Are an Insurance Broker’s Responsibilities?

An insurance broker's main responsibility is to understand your business and find fitting insurance policies within your budget. They also provide ongoing services to help determine if policies should change, assist you with compliance, and help submit claims and receive benefits.

Some insurance brokers focus on specific industries or types of insurance, while others provide advice on many different business insurance and benefits options. For example, brokers specializing in property and casualty insurance help small businesses find coverage for risks like natural disasters and lawsuits, while group health and life insurance brokers will assist companies with benefit plans.

Many insurance brokers and advisors will also act as an extension of your human resources team. When you need to reconsider policies or file a claim, your insurance broker can be a liaison between you and your insurance carrier. Because brokers work for you, not the insurance company, their advice should serve your company’s best interest.

On the other hand, since they are paid by commissions by insurers based on premium costs, brokers could be confronted with conflicting incentives and fiduciary responsibilities. Understanding whether insurance brokers have a fiduciary duty first requires understanding how they are paid.

How Are Insurance Brokers Paid?

Not all brokers are compensated in the same way, so the commissions or fees they collect may be different.

Insurance brokers typically are paid through a commission based on a percentage of your policy premium. In most cases, commissions are paid by the insurance company that the employer chooses.

Sometimes, brokers will charge fees as they take on consultant (or advisor) roles, providing ongoing services that go beyond buying and renewing policies. You should know if your broker or agent charges fees, and who pays the fees, before they start searching for insurance policies on your behalf.

Some brokers are contracted for several years, so you might need to pay broker fees through the contract term, regardless of policy changes, unless the broker violated your contract. Broker fees are usually non-refundable, so you will still have to pay if you cancel your policy mid-term, unless your insurance broker violated your contract.

Employers should know how their brokers are paid, but insurance policies are seldom simple, so you will need to ask about every potential fee or commission. To avoid unexpected costs, you should know commissions and fees upfront, examine your broker’s relationship with insurers, and understand the difference between insurance brokers and insurance agents. Good brokers have no issue with transparency.

What Does It Mean to Be a Fiduciary?

A fiduciary is a person or group (such as a brokerage firm) that acts on behalf of your company, putting your interests ahead of their own. So, being a fiduciary requires being bound legally and ethically to act in a client’s best interests.

Fiduciary duty requires that a representative in a position of trust, such as an insurance broker or advisor, must act in good faith and honesty on behalf of a client.

Insurance brokers  voluntarily accept this fiduciary responsibility and agree to carry out that responsibility in good faith. Legally, that means fiduciaries must act reasonably to avoid negligence and not favor anyone else's interest (including their own) over your company’s interest.

Avoiding conflicts of interest is crucial to acting as a fiduciary, so a broker or advisor must disclose any potential conflicts to them serving your interest ahead of their own or the insurer’s.

Fiduciary certifications, along with insurance broker licenses, are managed at the state level in the U.S. and can be revoked by the courts if a representative neglects their duties.

What Is an Insurance Agent’s Fiduciary Duty?

You might wonder if insurance brokers have your best interest at heart. In most cases, they do. When you hire an insurance broker, they work directly for you – not the insurance companies.

Insurance brokers and insurance consultants perform similar functions, are licensed, and have a fiduciary duty to you as the insurance buyer. Moreover, an independent, fee-only advisor is legally bound to be a fiduciary.

The fiduciary duty between an insurance broker and a client is based on trust and good faith, and requires that they act in your interest as a client. A “standard of care” is established between these two parties and it must be upheld, regardless of external interests.

Their duty ensures that brokers advise and work for you when purchasing coverage, not beholden to a particular insurance company.

The distinction between fiduciary responsibility for an agent compared to a broker, however, becomes blurred when agents are working for insurance carriers to sell their products.

An independent or captive insurance agent is primarily a representative of the insurance companies they work for. As far as fiduciary duty goes, liability typically falls to the insurer if the representative is determined to be an agent. This means the agent will not have a fiduciary duty to the insured.

Brokers, meanwhile, owe their allegiance to the client, even though they are typically paid by carriers. In other words, they are an agent for your company and owe fiduciary duty to you as the insurance purchaser.

As we discussed earlier, most brokers are compensated by commissions, which could present an inherent conflict of interest. In the case of conflicting interests, brokers and agents are supposed to disclose the "dual agency" or risk being accused of neglecting their fiduciary responsibility.

You should be able to trust that your broker is finding appropriate coverage for your company. If they are not attentive, do not provide valuable advice, or only appear when renewals are coming up, it may be time to browse other options.

Broker relationships do change. If you are unsatisfied, know that more than 40% of businesses do not feel satisfied with their current broker, and 21% have changed brokers in the past three years, according to Zywave.

Connect me with a broker

When evaluating and choosing insurance brokers, be sure to explore benchmarking studies that give you an understanding of who is out there and how much you should pay. Mployer Advisor’s proprietary M-Score can show you how different brokers rate in terms of industry expertise, transparency and cost.Looking for more exclusive content? Check out what’s trending on the Mployer Advisor blog.

Workforce Management
Does Business Insurance Cover Riots and Looting?
The article discusses whether business insurance covers damage caused by riots and looting. It provides information on the different types of coverage that may apply, the specific language to look for in policies, and how claims are typically handled.
March 11, 2021

The past year has made many businesses worry that they will become the next to be impacted by bouts of civil unrest, riots or looting. You might be wondering if insurance will cover the damages that could occur at your properties.

Fortunately, most standard commercial insurance policies cover the cost of damage associated with riots and looting. Property damage caused by civil commotion and vandalism is generally covered under many business insurance policies.

This would include damage caused by rioters as well as business interruption caused by police and civil authorities during such an incident. Of course, coverage varies depending on your policies and your carrier.

In this post, we discuss which businesses need coverage for civil disorders and which types of business insurance cover riots and looting.

What Businesses Need Coverage for Civil Disorders?

The limitations of insurance and the process of reestablishing operations became major hardships for many brick-and-mortar businesses in 2020. Civil disturbances can pose significant risks for many companies, but business owners can protect their assets with the right insurance coverage.

Businesses with property in urban areas are especially susceptible to losses due to riots, civil unrest or vandalism. A small business in an area that has seen rioting and looting faces not only rebuilding costs, but also a wait for customers to return.

Restaurants, too, could have specific risks inherent to their business property that require them to purchase individual coverages for riots and looting. Some policies cover inventory separately, and some businesses like jewelers or art galleries carry specialty policies that have specific limitations.

Small businesses need coverage for civil disorders when there is a potential for rioters or vandals to cause physical damage to your building or property. People may break into your location and loot property, including your inventory or merchandise. You may lose income if people damage your property and you cannot operate regularly until repairs are finished. You lose income if a civil authority closes access to the area where you do business.

Luckily, if your business is damaged from arson, violence, vandalism or burglary, a standard commercial insurance policy will help cover the costs. Which damages an insurer will cover – and how much of it – depends on your insurance plan and your management of claims.

The best way to prepare is to contact your broker, agent or insurance provider to understand exactly what your policy covers if your business suffers due to riots and looting. Make sure to ask for specific details, including the type of damages covered, how much you would be compensated, and how to file a claim properly if this occurs.

What Types of Insurance Cover Riots and Looting?

Businesses most commonly have general liability insurance, property insurance, and workers’ compensation insurance. Most of these standard business insurance policies will cover damages in the event of riots and looting. But different types of insurance and policies may protect you in different ways.

Here are types of insurance that cover riots and looting:

  • Property Insurance: Commercial property insurance covers physical damage resulting from vandalism, rioting and civil unrest. These policies are typically used for damage to a business' doors, lighting, windows and contents, such as furniture, office supplies and machinery. Commercial property insurance also usually covers the cost of boarding up broken windows and securing the location from further damage. However, a policy that does not offer “replacement cost” might not reimburse the entire amount needed to restock and rebuild.
  • Business Interruption Insurance: Part of commercial property insurance and most business owner’s policies (BOPs), business interruption insurance (also called business income insurance) will help cover income that you lose if you need to adjust hours or temporarily close. This coverage typically is triggered only if the business’s premises are physically damaged. Business income coverage includes both net income and the cost of continuing normal operations. Note: Business income coverage is usually subject to a 72-hour waiting period.
  • Workers’ Compensation Insurance: If your employees are injured on the job during an act of rioting or vandalism, a workers' compensation policy can cover their medical care. It could also compensate them for time taken off to recover or while your business is shut down.
  • Business Owner’s Policy: Most business owner's policies (BOPs), which combine general liability, property and business interruption coverage, will cover damages to your physical commercial property and its contents in such an event. This typically includes damage to exteriors, doors, lighting, windows and interior damage, along with broken or stolen contents such as computers, machinery, furniture and office supplies. Businesses using a BOP can often opt-in for additional coverage for criminal activity, spoilage of inventory, and other incidents.
  • Commercial Auto Insurance: If your company’s vehicles are damaged or destroyed, a commercial auto insurance policy can cover costs for most of these damages. Riot-related or vandal-related damage to vehicles, whether owned by the business or employees, is covered under the optional comprehensive portion of these business auto insurance policies. Comprehensive coverage typically also covers broken windshields.

How to Use Coverage for Riots and Looting

Here are some tips on how to use coverage and file claims for damages related to civil unrest, riots and looting:

  • Read your policy: BOPs, property insurance and business interruption insurance vary, so it is vital to speak with your agent, broker or insurer to understand your coverages and liabilities.
  • Report claims quickly: Policyholders should report claims to their insurer as soon as possible – whether directly or through your broker – so the claims process can begin. Generally, policies require that claims related to criminal behavior also be reported to law enforcement.
  • Document the damage: Take photos and videos of the damaged property, especially if it must be discarded, so insurance adjusters can look at the evidence. Keep receipts for expenses from temporary repairs that allow you to restore operations or protect your property from further damage.
  • Prevent further damage: When safe, businesses should secure the property against further loss by boarding up shattered windows and securing inventory. Costs for securing property against further loss is usually covered by business insurance policies. However, you should not make permanent repairs to your business locations until an insurance adjuster has inspected the damage.

After speaking with your broker or carrier and finding out what your policies cover, you may want to pick up additional commercial coverage that protects your business and your employees. Every business should find a reputable broker or agent that specializes in commercial insurance to find out which policies best protect you in the unfortunate event of civil commotion, riots and looting.Looking for more exclusive content? Check out what’s trending on the Mployer Advisor blog, and learn more about insurance brokers here.

Employee Benefits
Can Employers Offer Health Insurance After Open Enrollment?
The article discusses the possibility of offering health insurance to employees after the open enrollment period has ended. Employers can still offer health insurance to their employees outside the open enrollment period by utilizing special enrollment periods and qualifying life events.
February 23, 2021

Every year, open enrollment allows employees to elect or change benefit options available through their employer, including healthcare benefits, life insurance, disability benefits, and other voluntary or employee-paid benefits. But the opportunity comes just once a year, so many employers wonder if employees have options after missing the deadline.

Typically, employers do not offer health insurance after open enrollment unless the employee has a qualifying life event that allows for a special enrollment period.

For employer-sponsored group health plans, the open enrollment period varies. The window of time for your employees to make health insurance decisions may differ depending on your corporate calendar, your insurance broker, and your health insurance provider.

In this post, we discuss an employer’s role in health insurance enrollment, whether employers can offer insurance after open enrollment, and what leads to special enrollment periods.

What Is Open Enrollment?

Businesses with 50-plus employees that offer health benefits must hold an open enrollment period, according to the ACA. And most small employers also offer an open enrollment period.

Open enrollment is an annual window of time where employees can enroll in, change or cancel employee benefits elections.

During open enrollment, employees can view and make annual elections for insurance and benefit plans that your business offers, such as health, vision, dental, life, and disability insurance plans. They can also make election and amount changes to health savings account (HSA) and flexible spending account (FSA) plans.

These changes could include switching health insurance plans, dropping certain types of coverage, adding dependents, or enrolling in benefits for the first time. Importantly, open enrollment allows your employees to consider the different available health plans you make available, with varying premiums, deductibles, copays, and coverage limits.

Premium rates are reassessed at the renewal date and then reflected in open enrollment as well, with health plan options and prices often changing for the coming benefit year. You can work with your insurance broker or benefits provider to find better and budget-friendly plans, or you can keep the plans you have. In addition, a broker will assist you with setting the appropriate employee premium contribution level.

Before and during enrollment, human resources teams should make sure employees know how much they will contribute to their plan each pay period. And, employees should be well aware of out-of-pocket expenses they may need to pay for healthcare. Your insurance broker or benefits provider can help determine what your employees need to know and educate them on health insurance options.

Open enrollment occurs once per year and typically lasts for a few weeks. Most businesses schedule open enrollment to end a few weeks before they must submit benefits forms to carriers. For calendar-year benefit plans starting Jan. 1, employers tend to hold open enrollment 30-60 days before the new year.

Can an Employer Pick When Open Enrollment Occurs?

Open enrollment for the ACA marketplace happens near the end of the year, but employer-sponsored plans can have different plan year dates and enrollment periods.

The period usually occurs in the fall, but employers have the flexibility so it does not necessarily have to correspond with ACA enrollment or the calendar year.

Open enrollment is also not required to be a certain length of time. However, most small employers have two- to four-week enrollment periods about one to three months prior to policy renewal. Coverage begins at a specified date after open enrollment and usually runs for a full year.

For the best service from your broker or insurance agent, you may want to plan your open enrollment period off-peak. For example, you could hold open enrollment in the spring for health insurance coverage that runs from July 1 to June 30 next year. In addition, you will need to decide if the enrollment will be active or passive. An active enrollment is one where the employee must make a selection for each type of coverage versus passive includes a no change option.

Typically, this open enrollment period is the only time employees can enroll in health benefits or change their coverage.

Can Employers Offer Health Insurance After Enrollment?

If an employee misses your company's health insurance open enrollment period and has not carried over their previous plan, they may not be able to do so until the following year.

Typically, employers cannot offer health insurance to employees outside of open enrollment. Once the business’s open enrollment window closes, employees usually have to wait a year to enroll or make changes.

If an employee is covered under another plan, but that coverage is lost, they can enroll in your plan immediately. Generally, employees have 30 days after they lose the other coverage.

If an employee has a qualifying life event, it could trigger a special enrollment period (SEP) for them.

Depending on the size of your business and how many employees are covered, you could be subject to ACA fines if your workers miss the open enrollment deadline. In addition, prior to ACA,  IRS Section 125 requires an annual election for benefits that include pretax deductions. Missing this deadline means your employees could be unable to acquire employer-run health insurance for a year, unless they sign a waiver stating they are covered under another plan, such as Medicaid. Exceptions are–for the most part–prohibited by the terms of the health insurance agreement. Companies typically have mandatory enrollment, even if it includes an employee declining coverage.

However, there are a few exceptions.

  • Most carriers allow a 30-day “grace period” after open enrollment to update selections.
  • If an employee is covered under another plan, but that coverage is lost, they can enroll in your plan immediately. Generally, employees have 30 days after they lose the other coverage.
  • Employees can enroll in your healthcare insurance plan when they are hired.
  • If an employee has a qualifying life event, it could trigger a special enrollment period (SEP) for them.

What Are the Factors That Cause Special Enrollment Periods?

Under specific life-changing circumstances, employees can enroll or change their benefits or insurance plans outside of open enrollment.

If an employee has a qualifying life event, they can be given more time to add, remove or cancel coverage through a special enrollment period. A special enrollment period is a window (usually 60 days) during which you can enroll in health insurance plans, even if it falls outside your company’s open enrollment period.

There are three main categories of qualifying events:

  • Loss of health coverage
  • Changes in household
  • Changes in residence

Loss of health coverage is a qualifying life event and can warrant a special enrollment period. Examples include losing existing health insurance coverage, losing Medicaid eligibility, or expiring COBRA coverage.

Qualifying life events involving changes in household and residence include (but are not limited to):

  • Getting married.
  • Having or adopting a child.
  • Aging out of a parent’s health insurance plan.
  • A student moving to attend school.
  • Permanently moving somewhere with different insurance options.
  • Change household status that changes eligibility for tax credits.
  • A seasonal worker moving back from their place of work.

During special enrollment periods, employees generally have the same options as they would during open enrollment. If nothing triggers a special enrollment period, employees usually have to wait until the next open enrollment period to sign up for health insurance.

Working with a qualified insurance broker can help walk you through open enrollment to make sure nobody falls through the gaps or misses an enrollment opportunity.

Looking for more exclusive content? Check out the latest on the Mployer Advisor blog, or read on for an explainer on the benefits of diversity in the workplace.

Employer Cost Management
Can a Small Business Deduct Health Insurance Premiums?
This article explains the rules and requirements for small businesses to deduct health insurance premiums as a business expense on their tax returns. The article also provides information on the tax benefits and limitations of deducting health insurance premiums for small business owners.
February 22, 2021

Small businesses have many options to consider for health insurance benefits, including their impact on business taxes. Plenty of business expenses are eligible for tax write-offs, so many employers wonder whether health insurance premiums can be deducted.

Fortunately, small businesses can deduct most of their health insurance premiums and other expenses from their federal business taxes.

There are several ways employers might be able to write off health insurance-related expenses or deduct them from your year-end taxes.

In this post, we explore how employers can take advantage of tax benefits for various health insurance scenarios, including HSAs, tax credits, and deducting premiums.

How Can Small Businesses Deduct Health Insurance Premiums?

All small employers need to report the value of employees’ health insurance coverage on their W-2 tax form. This way, the government can incentivize companies to provide qualified health plans by offering ways to lower taxes.

The contributions made to employees’ small group health insurance benefits are tax-exempt. That means health insurance premiums paid by an employer are not subject to income or other taxes.

The amount that a company spends offering group health insurance for employees (or making contributions to their healthcare costs) can usually be fully deducted as a business expense. So, the amount you pay toward employee healthcare premiums is usually tax deductible. The contributions you make to employees’ premiums are considered a business expense by the IRS, giving you the ability to write off that cost.

To use this deduction, employers typically must pay at least half of their full-time equivalent employees’ premiums. You should consider all employees who perform services during the tax year when determining your number of full-time equivalent employees, and calculate the average annual salaries and premiums paid. You are not required to make payments toward dependent premiums to receive a tax deduction.

In many cases, you can also set aside tax-advantaged dollars for employees to buy coverage on their own. Qualifying small businesses can fund special health reimbursement accounts for employees that are used to purchase individual or family health insurance. Meanwhile, employees’ own contributions toward their monthly premiums can often be deducted from their payroll on a pre-tax basis. Some states have additional rules and restrictions.

HSA and HRA Tax Advantages

Similarly to health insurance premiums, Health Savings Account (HSA) contributions are not subject to Social Security, Medicare or federal income taxes. Earnings in an HSA are generally tax-exempt, and contributions can be excluded from an employee's income.

Contributions to employee HSAs are also deductible business expenses, if the money is used to pay for qualified medical expenses. So, if HSAs are part of your group health insurance plan, contributions from both your business and your employees are typically tax deductible up to annual limits.

The annual limit on HSA contributions depends on your type of health plan (e.g. High Deductible Health Plan), your age and your eligibility.

These tax advantages can be used in several ways. For example, employees can make pre-tax contributions to HSAs or to premiums for group health insurance.

Health Reimbursement Arrangements (HRA) are tax-advantaged, employer-funded healthcare accounts that are tax-deductible for your business, and Federal Insurance Contributions Act payroll taxes do not apply. For employees, HRA reimbursements are completely tax-free and excluded from their gross income.

SHOP and the Small Business Health Care Tax Credit

Small businesses also have access to provisions under the ACA that include the ability to purchase health insurance through the Small Business Health Options Program (SHOP) and access to the Small Business Health Care Tax Credit.

For information about state-based SHOPs participating in the insurance-buying process, see the Centers for Medicare & Medicaid Services FAQs about flexibilities for state-based SHOP direct enrollment.

Small business healthcare tax credits are widely available for small employers that provide employees with affordable health insurance coverage. To be eligible for the Small Business Health Care Tax Credit, companies must:

  • Have fewer than 25 full-time equivalent employees and pay average wages under $53,000 per year.
  • Offer a qualified group health insurance policy through the SHOP Marketplace.
  • Pay at least 50% of the healthcare plan’s premium cost for each employee.

Qualifying employers may receive up to 50% of the contribution made toward employee premium costs as a credit. Businesses do not need to offer coverage to part-time employees in order to be eligible, but these employees may count toward full-time equivalent employee totals.

The tax credit is available to eligible employers for two consecutive years, with a maximum of:

  • 50% of premiums paid for small business employers
  • 35% of premiums paid for small tax-exempt employers

The tax break for your business works on a sliding scale, with larger credits for smaller employers.

For calculating the healthcare tax credit, one full-time equivalent employee equals 2,080 hours per year, according to the IRS. This differs from other ACA provisions that count 30 hours per week as full-time employment.

As an added bonus, even if your business does not owe taxes in a particular year, you can carry the credit back or forward to other tax years. Plus, the payment for health insurance premiums would exceed the total tax credit, meaning eligible small businesses could still claim a business expense deduction for the remainder of premium costs. That would lead to both a credit and a deduction for employee premium payments for the year.

Note: A self-employed individual can deduct many healthcare-related insurance premiums for themself, a spouse and dependents if they are not eligible to get insurance through an employer or a spouse's employer. The policy can use the name of the individual or the name of the business.

Smart businesses have good insurance and benefits. The best way to find good insurance and benefits is through a broker, consultant, or advisor who knows what you need and can get you the best tax advantage solutions. Especially with HSAs and HRAs.

Always check current tax rules and your specific situation with both your broker and your CPA.  

But, how do you know who to hire? With seemingly endless options, you feel under pressure to choose the right one. We believe that transparency, information, and choice leads to better hiring decisions.

It's why we created Mployer Advisor, a free broker marketplace that allows employers to compare brokers, consultants, and advisors in one place.

Match me with a broker.

Looking for more exclusive content? Check out what’s trending on the Mployer Advisor blog, and learn more about small business health insurance costs here.

Insurance Brokers
How Do I Pay an Insurance Broker?
The article explains the different ways in which an insurance broker can be paid, such as through commissions, fees, or a combination of both. It also discusses the advantages and disadvantages of each payment method and provides guidance on how to negotiate fees with brokers.
February 18, 2021

For most insurance and employee benefits needs, employers must carefully weigh the value of their plan against the needs of their workforce. To do so, employers must turn to an insurance broker for guidance. So, how do you pay an insurance broker for their services, and how much do they make?

In most cases, you do not directly pay an insurance broker. Brokers are typically paid commissions by the insurer based on your policy, and the commission is included as a retention item in your premium cost. This is the case with fully insured coverages.

For any employer needing guidance to select insurance options for your employees, you should know how brokers are compensated for their services. This involves understanding commissions and fees.

In this post, we explain how an insurance broker is paid, differences in fees between brokers and consultants, and what to expect when you hire one.

How Insurance Brokers Are Paid

Before you select an insurance broker, you should know how they are paid. Typically, brokers provide policy information, quotes and enrollment/renewal assistance at no direct billable fee to you.

Insurance brokers are typically paid through commissions based on insurance policies sold.

Commissions are typically based on a percentage of your premium payment. These may include base commissions and supplemental (or contingent) commissions.

Commissions usually fall between 7% and 15%, but can vary depending upon the type of coverage and complexity of your policy. Usually, brokers receive level commissions or graded commissions based on premium thresholds. In addition, they may receive an override commission for a block of business with a particular carrier. This override will typically also include a small percentage for persistency. The higher the persistency with that carrier, the higher the percentage.

Some brokers are paid solely through commissions for policy purchases and renewals, but some include other fees for additional services, such as voluntary benefits enrollment.

Explaining Broker Fees

Sometimes, brokers will also charge fees as they take on consultant (or advisor) roles, providing ongoing services to help determine if policies should change, assist you with compliance, and help submit claims and receive benefits.

As brokers take on more consulting and advising responsibilities, fee-based broker compensation has become a more common payment method. Usually called a “fee for service agreement,” these fees are paid by insurance companies or may be directly billed to the client.

Even with commissions and fees a broker can add value and be lower cost than not utilizing a broker.

Fee Differences for a Broker, Consultant/Advisor, or Agent

Independent insurance agents work with (and are paid by) multiple insurers, with contracts limiting them to sell certain policies. Brokers and consultants (also called advisors), meanwhile, are not limited to certain policies and can solicit price quotes from multiple insurers.

Insurance brokers and insurance consultants perform similar functions, are licensed, and have a fiduciary duty to you as the insurance buyer. But there are some differences between the two.

The main differences between an insurance broker and a consultant/advisor are their fee structures and how involved they are with a client beyond insurance purchases and renewals.

Traditionally, an insurance consultant works on a fee for service, and an insurance broker works for commission based on the policy’s premium. Consultants usually charge fees instead of, or in addition to, a commission that’s included in your premium payment. This is in the form of direct invoice of billable hours or a direct offset billable hours with commissions received.

As opposed to brokers, consultants often forgo commissions from the insurance company, which means they must charge a consultant’s fee. Unless of course, the client prefers them to receive commissions and offset their billable hours or fees in that way.

It all depends on your state, your size, and what type of insurance you need, but average consulting fees are 15% of the policy premium. The higher the premium, the lower the percentage.

Many modern insurance brokers’ services have evolved, and work more like consultants/advisors, working with you throughout the year and not just when you need to spend money on insurance. You should know what services your broker or consultant provides, if they charge fees, and what those fees are, before allowing them to search for insurance policies on your behalf.

Thus, the difference isn’t always straight forward. It is always in your best interest to define the relationship and expectations of the services expected.

Insurance Broker Main Duties

  • Negotiating lower policy rates based on relationships with insurers.
  • Contacting you ahead of renewal with changes in policies or rates from insurers.
  • Explain benefits and insurance options to your human resources team and other staff.

Insurance Consultant Main Duties

  • Expertise in how your business operates, along with how insurance and benefits impact operations and employee management.
  • Administrative task management, including enrollment, onboarding, automation and billing reconciliation.
  • Working with HR leaders, decision makers and other employees to help the insurance-buying team reach decisions.
  • Exploring options beyond policy cost that can improve financial and operational conditions for your company.

What to Expect When Working with an Insurance Broker

With a broker, you get industry knowledge and experience. They understand the language of the insurance industry, and are best equipped to negotiate and service your needs with insurers.

As your business grows and changes, you should expect your insurance broker to provide decision support. To earn their payment, brokers and consultants should be involved in your plan several times per year, helping make decisions that complement your overall business objectives.

When evaluating insurance brokers, be sure to explore online ratings and benchmarking studies that show who is in your market.

Connect me with a broker

The best way to find good insurance and benefits is through a broker, consultant, or advisor who knows the industry, has the partnerships, knows your needs and can deliver on the procurement process.

But, how do you know who to hire? With seemingly endless options, you feel under pressure to choose the right one. We believe that transparency, information, and choice leads to better hiring decisions.

It's why we created Mployer Advisor, a free broker marketplace that allows employers to compare brokers, consultants, and advisors in one place.

To get started, get matched with a short-list of qualified brokers.Looking for more exclusive content? Check out what’s trending on the Mployer Advisor blog, or read "Can an Insurance Broker Save My Company Money?" for more information on this topic.