Monday, April 30, 2012

Medical Loss Ratio Rebates a Messy Game

Refunds due in August - but don't hold your breath
by SRA Benefits


The Kaiser Family Foundation just released a study estimating that insurers will provide policyholders close to $1.3 billion in medical loss ratio (MLR) rebates in August of this year. SRA Benefits studies of Missouri and Kansas insurers suggest that several carriers will be issuing rebates in our markets but some policyholders expecting refunds might be surprised when no money arrives.
The PPACA (National Healthcare Reform) provides that insurers must issue rebates to policyholders if their ratio between expenses and what they actually pay providers is better than the new law allows. For small group and individual plans insurers cannot keep excess premiums when they pay less than 80% of premiums to medical providers; they cannot keep excess premiums when they pay less than 85% of premiums for large groups. The rest must be refunded to policyholders. However, with this first round of rebates, what is counted and how it’s counted creates a confusing array of issues that each insurer’s actuaries and accountants must address.
Preliminary information and disclosures from insurers to the National Association of Insurance Commissioner (NAIC) show a wide range of results for our local markets by type of plan, insurance company and state. SRA also found a wide range of differences in how insurers are interpreting the regulations as well as significant challenges due to ways in which carriers are structured for tax and business purposes. This is not a reflection of insurers with evil intent but a reflection of very complicated accounting and legal issues. Because there are so many variables, each insurer will likely make different decisions as to the regulations based on their individual situation.  In addition, the information publicly available today through the NAIC is different than the actual forms and submissions that will ultimately be submitted to Health and Human Services (HHS). 
Insurers are scrambling to make last minute revisions before final submissions are due to the Federal government June 1, 2012. Once the announcements come out, the lucky policy owners will be waiting for their refunds in August of this year. 
Don’t hold your breath until you actually get a refund in the mail. With different rules between state and federal regulations, some policy holders may be excluded or in a different pool than they believe. As an example, you may have small group rates and benefits but be a large group under the law.  And insurers may choose to reduce future premiums in lieu of cash refunds. As your broker, SRA Benefits stands ready to help you understand the refund process and its implications to your company.
Why would you need advice?  If you happen to be a lucky employer and qualify for a refund it will be your turn to figure out what to do with it.   Once employers find out the options and requirement on what is to be done with the money, they will have a glimpse of the challenges insurers face.