Most important AND most overlooked sentence in HR3962

by: Bruce Webb

Wed Nov 11, 2009 at 22:08


cross-posted at dKos and MyDD
SEC. 102. ENSURING VALUE AND LOWER PREMIUMS.

(a) GROUP HEALTH INSURANCE COVERAGE.--Title XXVII of the Public Health Service Act is amended by inserting after section 2713 the following new section:

``SEC. 2714. ENSURING VALUE AND LOWER PREMIUMS.

``(a) IN GENERAL.--Each health insurance issuer that offers health insurance coverage in the small or large group market shall provide that for any plan year in which the coverage has a medical loss ratio below a level specified by the Secretary (but not less than 85 percent), the issuer shall provide in a manner specified by the Secretary for rebates to enrollees of the amount by which the issuer's medical loss ratio is less than the level so specified.
Discussion in extended entry and comments.
Bruce Webb :: Most important AND most overlooked sentence in HR3962
(Commenter Steve M at MyDD said 'what about Individuals?' Well I had to go back to the bill and find the following:
SEC. 2754. ENSURING VALUE AND LOWER PREMIUMS.
The provisions of section 2714 shall apply to health
insurance coverage offered in the individual market in the
same manner as such provisions apply to health insurance
coverage offered in the small or large group market except
to the extent the Secretary determines that the application
of such section may destabilize the existing individual market.''
)

Most of the criticism of HR3962 coming from the left revolves around the belief that the House bill has no premium and so no profit controls, that it in effect delivers millions of Americans into the hands of insurance companies who can continue to raise premiums at will while denying care by managing the risk pool in favor of those unlikely to make claims. This just is not true, not if the provision in this one sentence is properly implemented. In a stroke it guts the entire current business model of the insurance companies, based as it is on predation and selective coverage, and replaces it with a model where you can only make money by extending coverage to the widest range of customers and or delivering that coverage in a more efficient way.


This sentence confines each insurance company into a defined sandbox for each plan they offer. They have at most fifteen cents of each premium dollar to devote to administration, marketing, executive compensation and profit, the other eighty-five cents, or possibly more HAS to be paid out in the form of claims or be rebated back to the insured individual or family. There are ways to game this system in ways that boost profit, for example insurance companies and medical providers can collude to provide MORE treatment than actually needed. But nobody makes money by providing LESS. Today the perfect insurance pool is one of young and healthy people who are unlikely to make claims. Under HR3976 that is a path to starvation for insurance company fat cats, no claims not only means having to rebate the difference, it is proof positive that your MLR is set too low to start with, meaning that when the plan comes up for contract renewal the Health Choices Administration might require lower premiums for the overall plan, after all why should you be paid 15% simply for collecting premiums and rebating most of it back.


In the original House Tri-Committee Bill this language was included in Sec. 116 and I blogged on it at Angry Bear a couple of times starting in July referring to that,  the first time with Sec. 116: Golden Bullet or Smoking Gun and introduced it as follows:

But in this post I want to explore one provision that seems to have contributed to this outcome. Now there has been much wailing and gnashing of teeth among the Single Payer Now! contingent that HR3200 with or without a public option just is a huge windfall to the private insurance companies by providing them with a individual mandate that delivers millions of new customers without cost controls with the end result that insurance companies will just cherry pick their way to billions in profits. Now if they would have paused for a second to wonder why people like Kennedy and Waxman would just sell them out this way they might have been tempted to examine the bill language. But since there was no such pause I guess I will have to step in. So in re-examining the bill yesterday I came across this section whose import I had kind of missed before.

http://edlabor.house.gov/documents/111/p

df/publications/AAHCA-BillText-071409.pd

f pg. 24-25

But the Single Payer Now! folk have continued to skip right over this sentence and remain blind (willfully or not) to its implications.


Under HR3962 you have to have enough sick people making enough claims to keep your payout at at least the 85% level. And the only way to get higher premiums and so make your 15% sandbox bigger in dollar terms is to find a way to deliver even more care to justify the rate increase. Or of course you can work within your existing sandbox in ways to deliver that care with less administrative costs, but none of that cost saving can come by decreasing claims approved overall, ultimately that just serves to squeeze down the size of your sandbox.


Now there are ways to game the system by colluding with providers to provide more expensive and perhaps unnecessary care and so expand the size of the 15% sandbox. That is why the Public Option is so important, it provides a control against which greedy insurance companies can simply price themselves out of the market, at some point smaller employers will jump ship to the less expensive plan. The combination of a set MLR plus the Public Option forces insurers to compete for volume on the basis of service and price, a business model about 180 degrees from the current model based on predation and service denial.


Most of the inflammatory labeling directed at this plan from the left, and some of you people are pretty vitriolic, simply is doused on encounter with this single sentence and the largely self-regulating system it sets up (because the information needed to calculate a given plans MLR is already in IRS, SEC and shareholder reporting).


I have been poking at this language since the bill was first introduced and still haven't come up with any significant flaws. What did I miss?


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I can't tell you if you're missing something (4.00 / 1)
But I totally agree this is mucho important and overlooked.

Thank you for your diligence!

Talk on how exactly the darn bill will control any costs has been notably absent during the public debate, I think. Well, I guess that will be the insurance companies problem.

Have to watch that they don't strip out this provision under cover of abortion antics!


the next paragraph in sec 102 (0.00 / 0)
(b) IMPLEMENTATION.-The Secretary shall establish a uniform definition of medical loss ratio and methodology for determining how to calculate it based on the average medical loss ratio in a health insurance issuer's book of business for the small and large group market. Such methodology shall be designed to take into account the special circumstances of smaller plans, different types of plans, and newer plans. In determining the medical loss ratio, the Secretary shall exclude State taxes and licensing or regulatory fees. Such methodology shall be designed and exceptions shall be established to ensure adequate participation by health insurance issuers, competition in the health insurance market, and value for consumers so that their premiums are used for services.

tell me how those are not loopholes.

and as your commenter notes, the medical loss ratio for those with individual plans may be calculated differently, so as not to destabilize that market. i'm thinking that translates to lower loss ratios.

then, still in sec 102, group plans, is subparagraph c:

''(c) SUNSET.-Subsections (a) and (b) shall not apply to health insurance coverage on and after the first date that health insurance coverage is offered through the Health Insurance Exchange.''.

so the 85% mlr sunsets with the opening of the exchange[s], and nowhere in the description of the exchange[s] and their plans do i see anything at all about any kind of mlr.


Thanks hipparchia (0.00 / 0)
Because I did miss those and particularly 102 (c). I have a VERY long post up at Angry Bear and a quite long comment at the MyDD diary that mirrors this one.

The language in (b) does not bother me. It just restores the latitude allowed in the original language of Sec 116 of the original Tri-Committee bill and as such makes the "at least 85%" language more aspirational than binding. Ultimately the MLR will be largely set by that of the PO in areas where it is allowed to operate freely.

Sec 102 (c) is more troublesome. Frankly it doesn't make any fucking sense. By the time the methodology is developed it will be too late to realistically apply it to existing plans and the same goes for the rebate provision. I don't see how you could take insurers of issued policies that are based on an assumed MLR of around 80 and simply force them to rebate a minimum of 5% of the premium AFTER the fact. Most of these companies run paper profits of around 3% to start with, are we really just going to confiscate all shareholder profits and more?

I think someone just made a terrible mistake and took a provision that belonged in Title II and stuck it in Title I perhaps under the belief that other protections in Title II and III re-established a mechanism which Sec 116 of the original Tri-Committee bill clearly saw as applying to the Exchange.

SEC. 116. ENSURING VALUE AND LOWER PREMIUMS.
(a) IN GENERAL.--A qualified health benefits plan shall meet a medical loss ratio as defined by the Commissioner. For any plan year in which the qualified health benefits plan does not meet such medical loss ratio, QHBP offering entity shall provide in a manner specified by the Commissioner for rebates to enrollees of payment sufficient to meet such loss ratio.

(b) BUILDING ON INTERIM RULES.--In implementing subsection (a), the Commissioner shall build on the definition and methodology developed by the Secretary of Health and Human Services under the amendments made by section 161 for determining how to calculate the medical loss ratio. Such methodology shall be set at the highest level medical loss ratio possible that is designed to ensure adequate participation by QHBP offering entities, competition in the health insurance market in and out of the Health Insurance Exchange, and value for consumers so that their premiums are used for services.

Obviously this was the source for new Sec 102, most of the language is identical, but it is clearly applying to plans offered starting in Year 1, i.e. 2013, and not to regulate the existing market as such. So either 102 (c) is just a monumental screw up or some attempt to sabotage profit controls altogether.

[ Parent ]
there was more in hr3200 (0.00 / 0)
some descriptions of stuff, chiefly labeled as 'quality measures' iirc, that didn't count in calculating the mlr. don't know of any of that made it into hr3962.

i haven't looked through all of hr3962. other than most of the 14 items added at the last minute that are slated to go into effect immediately, there's not much in the bill that i like.


[ Parent ]
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