SOLVING ESCALATING HEALTHCARE COSTS
White Paper · Cost Strategy
Executive summary
Employer-sponsored premiums are projected to rise about 9.5 percent in 2026, among the steepest increases in fifteen years, driven by high-cost GLP-1 drugs, advanced cancer therapies, and surging mental-health utilization. These pressures are prompting a majority of employers to adopt cost-cutting measures. This paper examines Optiv Advantage, a fully insured fixed indemnity benefit funded through a Section 125 election, as a response.1
Optiv Advantage addresses the co-pay, deductible, and co-insurance gaps that fuel a roughly $195B medical-debt crisis affecting about 41 percent of adults. Its features include zero cost-share telemedicine for primary and urgent care, a chronic-disease prescription formulary covering 350-plus medications across 50-plus conditions, and fixed indemnity cash benefits for hospital and other acute medical events.
The structure works on two sides. On the funding side, the premium is paid through a Section 125 election, which lowers the employee's taxable wages and reduces the employer's matching payroll tax. On the benefit side, the fixed indemnity payment reimburses Section 213(d) medical expense and is excluded from income under Section 105(b) to that extent, with any excess includable under the rule of Rev. Rul. 69-154.2
The figures in this paper are illustrative and tied to stated assumptions. Used that way, the employer payroll-tax recovery is a forecastable line item rather than a promise, and the employee value depends on each person's own elections and expenses.3
Where the pressure comes from
The cost problem
The cost pressure on employer plans is structural rather than cyclical. Three figures frame it.
Premiums have outpaced general inflation for years, and a large majority of executives describe current costs as excessive. Among the strategies employers are adopting for 2026, supplemental fixed indemnity is rising fastest. The trend below shows the gap: medical-care prices have risen far faster than prices for all goods and services since 2000.4
Recreated from KFF analysis of BLS Consumer Price Index data. Indexed cumulative growth from 2000. Illustrative.
Employers are responding by shifting cost somewhere, to deductibles, to supplemental coverage, to renegotiated carrier terms. The question this paper takes up is where the cost finally lands, and who absorbs it.
Where the cost lands
The co-pay, deductible, and co-insurance gap
Cost-sharing has outrun household capacity to absorb it. The result is a debt problem that lands on the same employees an employer is trying to retain.
| Cost item | Typical amount |
|---|---|
| Individual deductible | ~$1,644 |
| Office-visit co-pay | ~$31 |
| Specialist co-pay | ~$42 |
| ER co-pay | $300 to $500 |
| Co-insurance, post-deductible | 20 to 30% |
| Rx co-pay, brand | $50 to $150 |
Relative shares, descending. CMS NHE and CHCF data. Illustrative; not exact percentages.
High-deductible plans now cover a majority of enrolled workers, and deductibles above $5,000 convert manageable conditions into catastrophic bills. Roughly one in four patients ration prescribed medication. Optiv Advantage is designed to put cash against exactly these gaps, before they become debt.6
What the benefit is
Features of Optiv Advantage
Three layers work together: everyday care with zero cost-share, fixed cash for acute medical events, and monthly cash the employee directs toward qualified Section 213(d) expense.
01 · Provider benefits
Zero cost-share telemedicine for primary and urgent care, and a prescription formulary of 350-plus medications across 50-plus chronic conditions, including 8 of the top 10. Insulin, GLP-1, and specialty cancer drugs default to the major-medical plan.
02 · Specialized indemnity
Fixed cash on acute events: about $1,000 per day hospital to 30 days, $500 per day ER, $1,000 inpatient surgery, $400 anesthesia, $2,500 critical illness or accident, $500 ambulance. Covers a large share of co-pay categories with provider benefits.
03 · General indemnity
Monthly cash on a documented medical event, which the employee directs toward any Section 213(d) expense: dental, vision, transportation, lodging, rehabilitation, and more. The excess-benefit calculation governs any taxable portion.
How the three layers work together
Provider benefits handle everyday care with no cost-sharing. Specialized indemnity pays cash for acute events above co-pay thresholds. General indemnity provides monthly cash flow the employee directs toward real Section 213(d) costs. The overwhelming majority of indemnity cash offsets actual out-of-pocket expense, not taxable income.
What the benefit is, and is not
Optiv Advantage is a fully insured fixed indemnity benefit backed by an A-rated, state-licensed insurance carrier. It is a limited-benefit supplement, not an ACA-qualified or regulated major-medical product, and not a replacement for comprehensive coverage.
Prescription coverage
Chronic-condition formulary and workforce prevalence
The formulary concentrates on the maintenance medications that drive a large share of employer plan cost, the chronic conditions most of a workforce actually carries.
| Condition | Workforce prevalence | Sample formulary |
|---|---|---|
| Hypertension | ~29% | Amlodipine, Lisinopril, Losartan, Metoprolol, HCTZ |
| Cholesterol | ~25% | Atorvastatin, Simvastatin |
| Arthritis | ~20% | Celecoxib, Meloxicam, Naproxen, Allopurinol |
| Depression / anxiety | ~18% | Sertraline, Escitalopram, Bupropion, Duloxetine |
| Diabetes | ~10% | Metformin, Glyburide-Metformin |
| COPD / asthma | ~10% | Montelukast, Levalbuterol, Ipratropium-Albuterol |
| Heart disease | ~6% | Atorvastatin, Clopidogrel, Metoprolol, Warfarin |
Prevalence ranges are illustrative, from CDC and NHANES data. The governing formulary controls the medication list; sample drugs are representative, not exhaustive.
Exclusions
Insulin, GLP-1 drugs, specialty-condition drugs, and cancer-treatment medications are not covered. These default to the employer-sponsored major-medical plan.
How the cash maps to the gap
Indemnity benefits and typical co-pay exposure
Fixed indemnity pays a defined cash amount on a defined event. Where that amount exceeds the associated co-pay or cost-share, the excess reimburses real Section 213(d) costs, such as transportation, lodging, and other event-related out-of-pocket expense.
KFF 2024 Employer Health Benefits Survey baselines; indemnity per the governing schedule of benefits. All amounts USD. Illustrative.
| Event type | Benefit amount | Duration | Annual max |
|---|---|---|---|
| Hospital inpatient | ~$1,000 / day | Up to 30 days | ~$30,000 |
| Emergency room | ~$500 / day | Up to 3 days | ~$1,500 |
| Ambulance transport | ~$500 / trip | Up to 3 trips | ~$1,500 |
| Inpatient surgery | ~$1,000 / event | 1 day | ~$1,000 |
| Critical illness / accident | ~$2,500 / event | 1 day | ~$2,500 |
| Anesthesia | ~$400 / event | 1 day | ~$400 |
Where the exclusion stops
The excess-benefit boundary
The Section 105(b) exclusion is not unlimited. It reaches the portion of a benefit that reimburses actual Section 213(d) medical expense. Where a fixed benefit exceeds the expense actually incurred, the excess is includable in gross income. That has been the rule for fixed indemnity benefits for decades.12
The arrangement is built around that rule rather than hiding it. The excess is determined by the employee, who alone holds the medical-expense information, through a calculation that subtracts qualified Section 213(d) expense from total indemnity received.
Excess-benefit calculation · illustrative
| Line | Illustrative amount |
|---|---|
| Total indemnity received, annual | ~$14,400 |
| Less: Section 213(d) qualified out-of-pocket expense | (~$14,000) |
| Excess benefit, gross income, not wages | ~$400 |
| Reported on Form 1040, Schedule 1, Line z | ~$400 |
Illustrative only, tied to the stated assumption. Most participants have qualifying expenses that substantially offset the indemnity. The taxable excess depends on each employee's actual Section 213(d) expense, which only the employee can determine. Not a promise of any outcome.
Insurance carriers typically do not issue a 1099 on these payments, and the amounts do not appear as wages on the W-2. The employee assembles the total indemnity received, subtracts qualified Section 213(d) expense, and reports any excess as other income.
The employer side
How employers recover cost
Two effects work together: a payroll-tax reduction on the pre-tax premium, and a benefit offset where Optiv Advantage absorbs costs the major-medical plan would otherwise carry. Any administration fee is disclosed and netted in the figures below.13
Illustrative, tied to a $1,500 monthly pre-tax premium and a $35 monthly administration fee. Not a guaranteed dollar amount.
Pre-tax Section 125 salary reductions are excluded from the wage base under IRC §§ 3121(a)(5)(G) and 3306(b)(5)(G), so the employer's 7.65 percent match is calculated on a smaller number. On the assumption above, that is about $1,377 per participant per year gross, and about $957 per participant per year after a $35 monthly administration fee.
State this carefully
The employer recovery is a reduction in the payroll-tax base, modeled from a census. It is not a guaranteed dollar amount and not employer profit. Every figure here is an illustration tied to a stated assumption, and the administration fee is netted in each recovery figure. No figure is presented as a guaranteed outcome.
The employee side
Value for employees
For the employee, value comes from three places: a pre-tax premium reduction that lowers taxable wages, no-deductible prescriptions and telemedicine, and indemnity cash that is gross income only to the extent it exceeds documented Section 213(d) expense.14
Illustrative. The figure depends entirely on the employee's own elections and expenses and is not a promised outcome.
Because the premium is paid pre-tax, it reduces the employee's federal taxable income and FICA, and in many states the state taxable income as well. The indemnity offset matters because, without it, an employee deducting medical expense must both itemize and clear the Section 213(d) threshold of 7.5 percent of adjusted gross income. Most employees do neither.
The indemnity structure lets qualified Section 213(d) expense offset the benefit directly, which is what keeps most of the cash out of gross income. On an illustrative $1,500 monthly pre-tax premium producing a $1,200 monthly indemnity, a participant in the stated example sees a net annual take-home increase. The figure depends entirely on the employee's own elections and expenses and is not a promised outcome.
The legal framework
The compliance framework
The tax posture rests on a chain of settled authority, with one question on the benefit side that remains open and is stated as open rather than papered over.15
- Risk-shiftingA material transfer of insurance risk satisfies the insurance-characterization test of Helvering v. Le Gierse, 312 U.S. 531 (1941), and Rev. Rul. 2002-89, supporting treatment as genuine insurance rather than disguised compensation.
- Excepted benefitNon-coordination with the major-medical plan supports treatment as an excepted benefit under 45 C.F.R. §148.220(b)(4), ERISA §733(c)(2), and IRC §9832(c)(2).
- Non-precedential guidanceThe Service has scrutinized arrangements that pay on activity participation. The Chief Counsel Advice addressing such an arrangement is non-precedential and is distinguishable from a benefit that pays only on a documented Section 213(d) event.
A 2025 tax opinion on file
A 2025 tax opinion on file reaches the not-wages conclusion. It was prepared on its own facts, is referenced here as an industry position, may not be relied upon by any reader, and is not a representation about how any specific employer's plan will be taxed.
The wage treatment of the excess
What is settled, and what remains open
That a properly operated election reduces the wage base, and that the benefit reimbursing Section 213(d) expense is excluded under Section 105(b), is settled. One question on the benefit side is not.
Whether the includable excess, beyond being gross income, is also wages subject to withholding and to FICA and FUTA, is a question no court has decided for an arrangement that pays on a substantiated Section 213(d) medical event. The stronger reading of the statute is that it is not. Wages are defined as remuneration for services performed, and a benefit paid because a medical event occurred is not payment for a service performed.
For the contrary result to prevail, several specific things would each have to happen. The question would first have to be litigated. A court would then have to adopt the wage treatment the Service has asserted only in non-precedential guidance, guidance the agency's own manual treats as non-binding. The court would have to read the wage statutes against the ordinary meaning of remuneration for services. And it would have to do so after Loper Bright removed the deference that would once have eased the agency's reading.
The contrary result is possible, and the record is not one-sided. Treasury proposed an amendment that would have settled the wage treatment against the taxpayer by treating fixed indemnity amounts paid without regard to actual medical cost as wages. It did not enact the amendment, and it did not finalize it. That the proposal was made shows the question is live. That it was not finalized is not approval of the taxpayer's position. Those facts keep the question open.
In plain terms
The structure in plain terms
Stripped of the mechanics, the structure does three things. It lets an employee pay a benefit premium before tax, which lowers the employee's taxable wages and the employer's matching payroll tax. It pays fixed cash when a documented medical event occurs, which the employee applies to real out-of-pocket cost. And it keeps that cash out of gross income to the extent it reimburses Section 213(d) medical expense, with any excess treated as ordinary income and reported by the employee.
For the employer, the payroll-tax recovery is a forecastable line item that scales with participation, and the benefit works alongside the existing major-medical plan rather than replacing it. For the employee, the value is lower out-of-pocket cost and cash that arrives when a medical event does. For both, the structure depends on a properly operated Section 125 plan and a benefit that pays only on a substantiated medical event, which is what keeps the tax treatment defensible.
Settled where settled, open where open.
The honest position
Optiv Advantage answers a real and rising cost problem from two sides at once. The funding-side recovery follows from the Section 125 wage-base reduction and is forecastable from a census. The benefit-side exclusion follows from Section 105(b) and the Section 213(d) standard and is well settled, with the excess over actual expense includable under a decades-old rule.
One question on the benefit side, the wage treatment of any includable excess, remains open, and this paper has stated it as open. An employer evaluating the structure should understand both the settled ground and the open question, model the recovery from its own census, take the supporting analysis to its own counsel, and confirm that any arrangement it adopts is properly documented and pays only on a substantiated medical event. The figures here are illustrations. The mechanism is what an employer can plan around.
Supporting authority
Sources and disclosures
Statute and regulation
Internal Revenue Code §§125, 105(b), 106, 213(d), 61(a), 3401(a), 3121(a) and 3306(b), including the Section 125 exclusions at §§3121(a)(5)(G) and 3306(b)(5)(G); §9832(c)(2); ERISA §733(c)(2); 45 C.F.R. §148.220(b)(4).
IRS guidance and rulings
Rev. Rul. 69-154, 1969-1 C.B. 46 (excess-benefit rule for fixed indemnity health benefits); Rev. Rul. 2002-89 (insurance-characterization and risk-shifting); I.R.S. Chief Counsel Advice 202323006 (activity-triggered arrangement; non-precedential).
Case law and rulemaking record
Helvering v. Le Gierse, 312 U.S. 531 (1941); Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024). U.S. Department of the Treasury, General Explanations of the Administration's FY 2023 and FY 2024 Revenue Proposals (proposed wage treatment of fixed indemnity amounts; not enacted, not finalized). A 2025 tax opinion on file is referenced as an industry position on its own facts and may not be relied upon by any reader.
Data sources
KFF Employer Health Benefits Surveys (2024, 2025) and Americans' Challenges with Health Care Costs (2025); Aon, WTW, PwC, and Mercer cost-trend surveys; Commonwealth Fund and Roosevelt Institute medical-debt reports; CMS National Health Expenditure data; CHCF Health Spending Almanac; BLS CPI analysis; CDC and NHANES chronic-condition prevalence. Third-party figures, treated as illustrative; verify independently.
Required disclosures
The Optiv Group has a commercial interest in the benefit discussed and commissioned this paper; it may not represent an unbiased view. Figures are illustrations tied to stated assumptions, not guaranteed results, and include forward-looking statements that may differ materially due to economic, regulatory, or market change. Any administration fee is disclosed and netted in the recovery figures. The benefit is a limited-benefit supplement, not ACA-qualified major-medical coverage. The insurance carrier is an A-rated, state-licensed insurance carrier and is not named. References reflect law as of the publication date and are subject to change. This paper is informational only and is not legal, tax, or accounting advice. Consult your own counsel and tax advisors. Contact: hello@optivhealth.us · optivhealth.us · (833) MY-OPTIV.
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