Tag: propose

  • House Republicans Propose Significant Endowment Tax Increase

    House Republicans Propose Significant Endowment Tax Increase

    Efforts to raise endowment taxes are in motion as the House Ways and Means Committee reportedly plans to unveil changes next week that will increase rates and include more colleges.

    Education leaders have worried about such a rate increase for months. Now the GOP-led committee is expected to propose raising endowment excise taxes from 1.4 percent to up to 21 percent, depending on endowment value per student, Punchbowl News, Politico and other outlets reported. 

    The proposed endowment tax would only apply to private institutions, as it does currently.

    Under the proposed formula, institutions with endowments of $750,000 to $1.25 million per student would reportedly be hit with 7 percent excise tax. That number would climb to a 14 percent tax for colleges with endowments valued at $1.25 to $2 million per student. Colleges at the highest level with endowments of $2 million or more per student would pay 21 percent. (Currently, colleges with endowments worth $500,000 per student or more pay the 1.4 percent tax.)

    The specifics of the tax increase aren’t final and could shift before the committee’s hearing Tuesday.

    Republicans are preparing to move forward with endowment tax increases as part of a broader effort known as reconciliation to cut billions in federal spending and pay for President Donald Trump’s priorities. Other House committees have unveiled their proposed cuts for reconciliation, including a sweeping plan to upend the student loan system, but the Ways and Means bill is crucial to this process.

    GOP motivations for the tax increase appear to be twofold in that it would help fund tax cuts and serve as a punitive measure for colleges they believe have gone “woke.” In 2023, a total of 56 universities paid roughly $380 million in endowment excise taxes.

    “Seven years ago, the Trump tax cuts sparked an economic boom and provided needed relief to working families,” committee chairman Rep. Jason Smith, a Missouri Republican, said in a Friday statement. “Pro-family, pro-worker tax provisions are the heart of President Trump’s economic agenda that puts working families ahead of Washington and will create jobs, grow wages and investment, and help usher in a new golden age of prosperity. Ways and Means Republicans have spent two years preparing for this moment, and we will deliver for the American people.”

    The proposal comes amid the president’s full blown attack on higher education, which has seen the federal government clamp down on research funding, go after colleges for alleged antisemitism, take aim at diversity, equity, and inclusion programs, and attempt to deport international students.

    Since the 1.4 percent endowment excise tax was passed in 2017 during the first Trump administration higher education leaders have long worried that the president would raise it in his second term. 

    As universities increased their lobbying efforts in the early days of Trump 2.0, the potential increase to the endowment tax has been a key concern. Recent lobbying reports show that Harvard University, which has the largest endowment, recently valued at more than $53 billion, Princeton University, Northwestern University, and multiple others, have pressed Congress on the issue. (Northwestern’s chief investment officer said last week that the potential increase would be “destructive.”)

    Smaller institutions, some of which had never hired federal lobbyists before 2025, have also raised concerns about how expanding the endowment tax would harm their educational mission.

    According to an analysis from James Murphy, director of career pathways and post-secondary policy at Education Reform Now, only three universities would pay the highest rate at 21 percent – Princeton, Yale University and the Massachusetts Institute of Technology. Another 10 universities, including Harvard, would get hit with the 14 percent rate.

    An analysis published last month by the investment firm Hirtle Callaghan noted that recently proposed changes to the endowment excise tax would “significantly broaden the universe of colleges and universities that pay the tax from large, wealthy institutions to smaller, regional ones.” That analysis warned that such increases “threaten to do irreparable damage to many schools which are significantly weaker financially than the schools paying the current tax.”

    Multiple higher education associations have previously expressed opposition to the increase. 

    Last fall, American Council on Education president Ted Mitchell sent a letter to Congress, co-signed by 19 other associations, calling for the repeal of the existing endowment tax, arguing that “this tax undermines the teaching and research missions of the affected institutions without doing anything to lower the cost of college, enhance access, or address student indebtedness.”

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  • Education Department plans to propose regulatory changes to student aid programs

    Education Department plans to propose regulatory changes to student aid programs

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    The U.S. Department of Education plans to propose changes to student aid regulations, including those governing the Public Service Loan Forgiveness Program and two income-driven repayment plans, it announced Thursday. 

    Under a process called negotiated rulemaking, the Education Department intends to bring together representatives from different factions of the higher education sector to hash out the details of new regulations

    If the representatives reach consensus on new policies, the negotiated rulemaking process requires the Education Department to adopt their regulatory language in its proposal, except in limited circumstances. If negotiators don’t reach agreement, however, the agency is free to write its own rules. 

    Before that process begins, the Education Department said it will seek public feedback on “deregulatory ideas” for Title IV student aid programs. 

    This process will focus on how the Department can rightsize Title IV regulations that have driven up the cost of college and hindered innovation,” Acting Under Secretary James Bergeron said in a statement. “Not only will this rulemaking serve as an opportunity to identify and cut unnecessary red tape, but it will allow key stakeholders to offer suggestions to streamline and improve federal student aid programs.”

    Part of the negotiated rulemaking process will focus on the Public Service Loan Forgiveness program. PSLF, enacted in 2007 by President George W. Bush, forgives the student loan balances of borrowers who make 10 years of payments and hold public service jobs, such as working for the government or a nonprofit. 

    The program has come under fire from President Donald Trump, who signed an executive order last month aiming to limit who is eligible. 

    The order alleges that the PSLF program has “misdirected tax dollars into activist organizations” and tells U.S. Education Secretary Linda McMahon to propose program revisions barring borrowers from receiving forgiveness if they work for organizations that “have a substantial illegal purpose.” 

    The directive also accused the program of providing premature debt relief to borrowers. The Biden administration temporarily relaxed PSLF rules to make it easier for borrowers to receive debt relief through the program, which had extremely high denial rates due to confusing eligibility requirements and chronic loan servicer issues

    Some groups have pushed back on the executive order, arguing that it’s an attempt to revoke student loan forgiveness eligibility for borrowers working for nonprofits with missions that the Trump administration doesn’t support. 

    In a statement, Mike Pierce, executive director of Student Borrower Protection Center, called the order “blatantly illegal and an all-out weaponization of debt intended to silence speech that does not align with President Trump’s MAGA agenda.” 

    The Education Department is also planning to review regulations for two income-driven repayment plans: Pay as You Earn and Income-Contingent Repayment. 

    The agency restored the ability for borrowers to enroll in these programs late last month after previously taking down the online application forms. The freeze on the programs came in response to an appeals court ruling blocking a Biden-era income-driven repayment plan — Saving on a Valuable Education. 

    The suspension of the plans drew a legal challenge from the American Federation of Teachers. The Education Department restored access to them less than a day after the union petitioned a judge for emergency intervention, according to a news release. 

    Plans for negotiated rulemaking come amid the Trump administration’s move to dismantle the Education Department and move its responsibilities to other agencies.

    For example, Trump said he plans to move the department’s student loan portfolio to the newly-downsized Small Business Administration. Both conservatives and liberals have expressed concern that the SBA won’t have the staff or expertise to perform the job. 

    Fully eliminating the Education Department would require congressional approval.

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  • Federal Agencies Propose Major Changes to Mental Health Parity Regulations – CUPA-HR

    Federal Agencies Propose Major Changes to Mental Health Parity Regulations – CUPA-HR

    by CUPA-HR | October 11, 2023

    This blog post was contributed by Elena Lynett, JD, senior vice president at Segal, a CUPA-HR Mary Ann Wersch Premier Partner.

    Institutions generally provide comprehensive mental health and substance use disorder (MH/SUD) benefits as part of their commitment to creating a safe and nurturing campus. However, the Mental Health Parity and Addiction Equity Act (MHPAEA) requires that institutions providing MH/SUD benefits ensure parity in coverage between the MH/SUD and medical/surgical benefits. The Department of Health and Human Services, the Department of Labor, and the Department of the Treasury recently proposed major changes to the MHPAEA regulations for group health plan sponsors and insurers.

    The proposed changes address nonquantitative treatment limitations (NQTLs) — a term which references a wide range of medical management strategies and network administrative practices that may impact the scope or duration of MH/SUD benefits. Examples of NQTLs include prior or ongoing authorization requirements, formulary design for prescription drugs, and exclusions of specific treatments for certain conditions.

    If government agencies issue a final rule similar to the proposal, plans will face additional data collection, evaluation, compliance and administrative requirements. The most significant proposed changes are:

    • The “predominant/substantially all” testing that currently applies to financial requirements and quantitative treatment limitations under MHPAEA would apply as a threshold test for any NQTL;
    • New data collection requirements, including denial rates and utilization information;
    • A new “meaningful benefits” standard for MH/SUD benefits;
    • Detailed requirements regarding the documented comparative analysis that plans must have for each applicable NQTL;
    • Introduction of a category of NQTLs related to network composition and new rules aimed at creating parity in medical/surgical and MH/SUD networks;
    • Prohibition on separate NQTLs for MH/SUD;
    • For plans subject to the Employee Retirement Income Security Act of 1974 (ERISA), a requirement that a named fiduciary would have to review and certify documented comparative analysis as complying with MHPAEA; and
    • For non-federal governmental plans, sunset of the ability to opt out of compliance with the MHPAEA rules.

    For more information on the proposed rules, see Segal’s August 1, 2023 insight.

    The deadline to comment on the proposed rules is October 17, 2023. If interested, your institution may file comments here. CUPA-HR will be filing comments with other associations representing higher education and plan sponsors. As proposed, plans could be expected to comply as early as the first day of any plan year beginning on or after January 1, 2025.



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