First, some background: medical-loss-ratio (MLR) regs are a controversial element in the Affordable Care Act (ACA), generally known as Obamacare. These regulations impose specific mandates on insurer premium revenues that relate directly to payments for clinical care. Under the ACA, 85 cents of every premium dollar must be spent for claims in the large group market, with 80 cents used as the new rule for the small group and individual health insurance market, regardless of where the insurer does business. These regulations are intended, so the story goes, to reduce excessive administrative expenses. You know, things like, salaries, commissions, and so on. Obviously expenses that are luxuries, right?
Maybe somebody should try and do that with Medicare and Medicaid, neither of which can even estimate, for example, what fraud costs the American taxpayer. But I digress.
To put this in contrast, it has been generally reported that health insurers spent 60 to 70% of premium revenue, more or less, on clinical care payments prior to the enactment of the legislation. Some insurers probably spent more, some less, of course.
Now, it’s no secret that meeting this new medical loss ratio will be problematic for insurers. There is, roughly, a 10 to 20% gap between where insurers are and where they need to be under the new regulations, maybe more. One might be prompted, if you were inclined to froth on about “obscene profits” or rant against “evil health insurers”, to assume that health insurers would simply reduce their allegedly bloated profits, or simply increase rates to meet this new requirement. However, it isn’t as simple as that – especially given the fact that your local grocery store probably makes more in profit percentage than, say, Aetna on an average year. Obviously, given the fact that the federal government is now in charge of both setting prices on premiums, as well as determining what will and won’t count towards the “80% MLR”, insurers were keen to make sure that HHS listened to their concerns regarding what counted as claims-expense and what didn’t.
The actual interim rule, scheduled for official release December 1 and with an official date of January 1, is published here. Entitled “Health Insurance Issuers Implementing Medical Loss Ratio (MLR) Requirements under the Patient Protection and Affordable Care Act”, the document is 308 pages long, and was written by the Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, headed by Jay Angoff. The interim rules build on discussions between Health and Human Services (HHS) and the National Association of Insurance Commissioners (NAIC). In spite of the over-heated warnings of insurance industry “demands” coming from so-called consumer advocacy groups, virtually all of whom are progressive policy organizations, HHS recognized the NAIC by stating that “this interim final regulation adopts and certifies in full all of the recommendations in the model regulation of the National Association of Insurance Commissioners (NAIC) regarding MLRs.” As a practical matter, though, it seems to escape the champions of left-wing “consumer justice” that these interim rules were adopted without any changes by the health insurance industry, as reported by the Wall Street Journal here and here.
It will take me a little time to review this interim rule, and I will comment on it in the future. One thing that I did note in my brief review is the apparent suspicion that HHS holds for the health insurance industry. The other is that, regarding their recommendations to HHS, the NAIC acts very much like any other political organization, in that it’s actions and recommendations are all based on political calculus intended to advance policy positions. It should be obvious to anyone that the NAIC is made up of appointed (by governors) or elected (as in California) state insurance commissioners who do make a point of advancing the policy goals of their respective Democrat or Republican leaders, bureaucracy notwithstanding. It will be interesting to see what will happen going forward, as newly elected Republican Governors begin to make their weight felt in the proceedings of the NAIC and its recommendations to HHS with model rules, especially with states that appoint insurance commissioners. Colorado, due to the election of John Hickenlooper, will likely continue its left of center lean with rule-making recommendations. I suspect that, in the future, HHS might view the NAIC with less and less authority, especially if they begin to differ with the timeline or policy goals of health care reform as laid out by the Obama Administration.
UPDATE: Commentary on the impact of medical-loss-ratios here.