Enforce: The Insurance Policy Enforcement Journal vol 12 | issue 1 Enforce vol 12 | issue 1 | Page 6

creates an incentive for overpayments and a disincentive for fraud prevention. Or — that top executives of one health insurance company were convicted in 2013 of recording fraudulent claim payments on their books to satisfy a comparable medical loss ratio imposed by Medicaid. As we said, think about it. The practical advice for employers at renewal time is to look carefully, and in an informed way, at the medical loss ratio on their renewal worksheets. If it shows a sharp increase in claim payments that makes no sense, e.g., if enrollment had dropped at the same time, it is time to ask questions. Request an audit. Request documentation. Do as much as possible to investigate this type of issue. In some circumstances, merely questioning the representation in an informed way can thwart a baseless attempt to jack up a premium. 2. The Ever-Rising “Trend” It’s renewal time, and you sit down with your insurance company and your broker. Shaking their heads regretfully, they present you with a “trend” chart, which shows that your employees have had a bad year, health-wise. Making matters worse, they advise, there are many claims in the pipeline and the trend is going up. The result is a substantial, unavoidable premium increase — one even larger than is evident from the raw numbers. Sound familiar? Unfortunately, probably so. The good news (if it can be called that) is that such claims as to an ever-rising trend may be as factually bankrupt as the medical loss ratio representation discussed above. Most employers purchase health insurance in order to gain access to a medical provider network and claims processing services. The network is supposed to assure that physicians, hospitals and others who render health services charge reduced rates. The health insurer or claims administrator is supposed to ass ure that the paid claims are only for proper medical charges and covered medical treatment. The dual roles could be described as serving a “gatekeeper” role. But when the most efficient way to increase premiums is to increase medical payments, as discussed 6 Enforce: The Insurance Policy Enforcement Journal above, the insurance companies have no reason to be effective in their role. Not only do the increased costs help the medical loss ratio, they also produce a rising claim trend that the insurance companies then use to justify further increases. Every employer should come to the renewal table equipped to ask pointed questions about its insurance company’s processing and payment patterns. Demand an audit of those payments, scrubbed of any identifying characteristics as to the claimants themselves. It is an employer’s right, as well as its obligation, to inquire into whether claims are being paid properly in its company plan. 3. Unidentified Percentage Premium Increases The medical loss ratio is not the only example of how insurance companies misuse percentages to the policyholder’s disadvantage. Another renewal number is the percentage increase in premiums. Some human resource professionals and risk managers describe a premium increase as a percentage, because insurance companies and brokers often present price quotes as percentages. At renewal time, many a diligent employer has asked percentage of what, and received the wholly unsatisfactory answer: I’m just not sure. Even when employers and their representatives come prepared for the negotiation, with full knowledge of the actual dollar figures (e.g., the actual per employee, per month expenses), it is far too easy for insurance companies to confuse the conversation by tossing around a series of vaguely defined percentages. All too often, the backup for a premium quotation is a complicated chart that has some numbers and some percentages, with no relationship between the two. It can require significant work to unpack such charts, but the work is essential. First, if an employer does not understand the information on which a proposed premium increase is based, the employer will necessarily be hampered in forming an intelligent counteroffer. Second, employers who undertake to question and unpack the backup data often are astounded at the number of mistakes that they unearth. Understanding this information becomes more important when considering competing offers.