Health Insurance DEFINITION Insurance is a contract between two or more parties whereby, in exchange for a payment (premium), the insurer protects (indemnifies) the insured against a defined peril or loss by agreeing to pay a specified amount of money if that loss should occur. History and Status of Health Insurance I. History A. European Guilds B. U.S. 1.Labor Unions 2.Commercial Health Insurance (Montgomery Ward, 1912) 3.Blue Cross Community rating Open enrollment Provider contracts 4.National Association of Insurance Commissioners “ This wide divergence from ordinary insurance methods is based on the theory that a group is acceptable as a whole, the company can take the risk of any members of the group not up to the rigid medical standard required in individual cases.” The New York Times, April 14, 1912 “Between the individually insurable and the individually noninsurable, between the young, the middle-aged and the old, the employer draws no distinction and any scheme that would completely cover employees must take them all, the young with the old, the weak with the strong, depending upon the underlying averages that make insurance possible and supply its reasons for existence.” W.A. Day, President of The Equitable Life Assurance Society, 1912 “The organization of medicine is not a thing apart which can be subjected to study in isolation. It is an aspect of a culture whose arrangements are inseparable from the general organization of society.” Walton H. Hamilton, Professor of Law, Yale University Law School in: "Medical Care for the American People: The Final Report of the Committee on the Cost of Medical Care," Adopted October 31, 1932, Chicago: University of Chicago Press 1932 What else was happening? Ida Tarbel publishes a series of articles in McClure’s magazine (subsequently complied as “The History of the Standard Oil Company”) to expose the corruption and greed of the Standard Oil Monopoly (1902-1904). Upton Sinclair publishes The Jungle (1906), exposing problems in the meat-packing industry. The resultant social uproar was responsible for passage of the Pure Food and Drugs Act (1906) and the Meat Inspection Act (1906). It also ushered in the era of what President Theodore Roosevelt called “muckraking” journalism. President Taft uses the Sherman Antitrust Act to break up the Standard Oil trust and American Tobacco Company (1911) International Ladies Garment Workers Union (ILGWU) provides the first union-based medical services (1913) Enactment of the Clayton Antitrust Act to supplement the Sherman Act (1914) Establishment of the Federal Trade Commission (1914) History and Status (2) 5. World War II 6. Medicare and Medicaid - 1965 7. HMO Act- 1973 8. Self-Insured Plans a. Most large companies insured this way b. ERISA 1974 c. Advantages: a. No state insurance premium tax (2 - 3%) b. Exemption from state mandated benefits c. Exemption from financing reserve requirements d. Exemption from contributions to state risk pools e. Full access to claims data (which commercial insurers frequently do not and cannot often provide their clients) f. Ability to pay claims after they are received (enables the employer to "play the float" on reserves) g .No broker commissions h. Standardize benefits across states for multi-state companies History and Status (3) 9. Consolidated Omnibus Reconciliation Act (COBRA) 1985 10. Health Insurance Portability and Accountability Act (HIPAA), 1996Portablility;Data Standardization; MSAs 11. Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA)- Establishment of HSAs Insurance Coverage of U.S. Population* (in thousands) Total Population Uninsured for study year Insured for some portion of year 291,155 (100%) 45,820 (15.7%) 245,335 (84.3%) Privately insured Employment-based insurance 198,262 174,174 Government insurance (total)** Medicare Medicaid Military 79,086 39,745 37,514 10,680 *Source: Annual Demographic Survey, 2004. U.S.Bureau of labor Statistics Statistics and Census Bureau. http://pubdb3.census.gov/macro/032005/health/toc.htm **Note: Except for uninsured and insured, others numbers do not add to subtotals because of dual enrollments . For example, there there are about 6 million persons eligible for both Medicare and Medicaid. Medicaid. Purposes of Insurance: For the insured: Can budget for healthcare expenses by protecting against catastrophic events. For the insurer: Make money from premiums and investments. In the past, health insurance made money for the insurer as a loss leader by allowing the company to sell more profitable policies, e.g., life insurance, with it. “Boys, that’s the business you ought to get into. It’s a great business. Why think of it - people paying money before they even know what they were going to get!” Goldie Balaban To Her Sons - Early 20th Century Conditions for an event to be insurable: 1. It must be neither too frequent nor too rare (issue of frequency). Q: What would be the premiums at these two extremes? 2. It must be accidental and sporadic, i.e., a random, unpredictable event (issue of unpredictability). Q: What would happen if the event were predictable? Issue of “Moral Hazard” 3. It must be statistically measurable and computable, or at least estimable (subject to actuarial study). 4. From the insurer’s viewpoint, large numbers of subscribers are needed who must make sufficient and regular payments. ***INSURANCE IS A NUMBERS GAME*** Tradeoffs in health insurance: Other than quality services, holding benefits constant, people in the U.S. want three features from their health insurance: A. First dollar coverage B. Low premiums C. Freedom of choice of providers Some important terms: Subscriber and Member; Subscription Certificate Capitation vs. Fee-for-Service; Service vs. Indemnity Defined Benefit vs. Defined Contribution Copay, Coinsurance, Deductible (Some examples) Reinsurance Health Savings Account (HSA) Underwrite- Indemnify a specific peril for a specified value for a defined time. Community vs. Risk Rating (Individual underwriting) Administrative Service Only (ASO)/Third Party Administrator (TPA) Medical Loss Ratio Coordination of Benefits (COB) and Subrogation Incurred but not reported expenses (IBNR) Workers’ Compensation Example of the application of out of pocket expenses to payment of healthcare charges* Your health plan covers “medically necessary” services and pharmaceuticals. The services are subject to an annual (calendar year) deductible of $200, 80/20 coinsurance (your insurance pays 80% and you pay 20%), $25 physician office copayment (which does not count toward deductible, coinsurance or out of pocket annual maximum payment), and a maximum out of pocket payment (after the deductible is met) of $1000 per calendar year. (Pharmaceutical benefits are handled separately, see Box 4.2.) Hospital charges are covered in full. You see a physician at the beginning of the year and are charged $150. It is an acceptable amount, according to a fee schedule upon which she and your insurance company have agreed. How much do you pay? First, you have a $25 office copayment. Then, you determine if you satisfied your annual deductible. Since it is the beginning of a new year and your deductible is $200, you are responsible for the entire bill. Unfortunately, your physician found a problem that requires a revisit four weeks later. After that visit you have an allowable charge of $100. How much do you owe for that visit? Again, start with the $25 copayment. Since you satisfied $150 of your $200 deductible during your last visit, you owe an additional $50. Now that you reached your deductible limit, your coinsurance starts to apply. Of the remaining $50 of your bill, you pay 20%, or $10, and the insurance company pays $40. Your doctor now tells you that you need surgery to correct the problem she found during the first two visits. You have the surgery and review the physicians’ charges (the only part of the bill for which you are responsible). Since the surgery was performed in the hospital, there is no office copayment. The deductibles and coinsurance do, however, apply. The total of all physicians’ charges (surgeon, anesthesiologist, pathologist and radiologist) is $5500. Since, as mentioned above, you already satisfied your deductible, you would be responsible for 20% of the $5500 ($1100). But you are only at risk for the first $1000 of out of pocket expenses after your deductible is met. You already paid $10 for coinsurance at the last office visit. So you would pay $990. In the future, you only pay office copayments since your annual out of pocket expenses are met. *This example is to illustrate how out of pocket provisions may operate. Plans have diverse provisions. For example, the charges that apply to annual limits may be different, copayments are frequently not the same for all specialties, and special daily copayments may exist for hospital stays. Example of the application of out of pocket expenses to payment for pharmaceuticals* Your insurance plan covers pharmaceuticals that you can take by yourself (self administered medications, like pills, and simple injections, like insulin). In order to hold down costs, the insurance company has contracted with an independent company (pharmaceutical benefit management company, or PBM) to administer these benefits. The PBM classifies the medications into 3 categories (or tiers) and assigns different copayments to their purchase, depending on how much they cost relative to others in the same category. The first tier is all generic drugs, which carry a $10 copayment for a 30 day supply.** The second tier is comprised of brand name drugs, for example, those for which the PBM has negotiated special considerations from the manufacturers in the form of lower prices or rebates. Tier 2 medications have a $25 copayment for a 30 day supply. Tier 3 consists of all other branded medications. The Tier 3 copayment is $40 for a 30 day supply. The listing of all these medications and their assigned tier is called a formulary.*** * Many different variations exist with respect to pharmaceutical coverage. For example, some plans have more than 3 tiers, depending on the extent of favorable manufacturer contracts, and others have eliminated copayments and use coinsurance instead. Additionally, some plans may apply annual maximum out of pocket cost limits for drugs. **Virtually all plans also provide patients with the opportunity to order 90 day medication supplies by mail at less than the cost of 3 copayments. *** In addition to U.S. companies, countries that provide pharmaceuticals to their citizens also use formularies and differential cost structures. The difference between the two is that in the U.S., the tiers are based on medication cost; other countries (Italy, for example) assign tiers by effectiveness. The latest strategy has been to attack the consumer side of the demand for healthcare services with insurance products called: Consumer-Driven Health Plans RAND Health Insurance Experiment (HIE) Source: Newhouse, JP: Consumer-Directed Health Plans And The RAND Health Insurance Experiment. Health Affairs 23: 107-113, 2004. Medical Savings Accounts and Prescription Drugs: Evidence from South Africa Source: Shaun Matisonn, Executive VP, Discovery Health. National Center for Policy Analysis Policy Report No. 254 August, 2002 Medical Savings Accounts (MSAs) were started in South Africa in 1994 and by 2002 captured half the seven million person health insurance market. For the MSA product in South Africa non-discretionary services do not incur out of pocket expenses. For example, hospitalizations and medications for chronic conditions are not counted against the individual’s annual deductible. (In the U.S., Health Savings Accounts can have out of pocket exclusions on preventive services and medications for certain chronic conditions without running afoul of tax laws that enable these plans.) Based on this experience, Discovery Health (an MSA) found that: “On average, discretionary spending (primarily outpatient spending) is 47 percent lower for those enrolled in Medical Savings Account plans. “…no evidence suggests that members of MSA plans are shifting costs to a hospital setting where the insurer would foot the entire bill.” “Patients using their MSAs also were much more likely to purchase a generic equivalent…use of the brand-name drug [Prozac in this case] jumped 45 percent when patients were spending insurance company money.” Patients do not skimp on necessary chronic medications when paying for drugs from an MSA. (This conclusion was reached comparing use of osteoporosis treatment medications before enrollment in a chronic disease program-when the medication costs came out of the MSA- with costs after enrollment-when the medication was free. There was no statistical difference in prescription filling between the two groups.) Example: Health Savings Accounts (HSAs)- all amounts are for individuals in 2006 Employer purchases a high deductible heath plan (minimum $1050; no maximum but subject to annual maximum out of pocket of $5250). Employee and/or employer can contribute up to 100% of the deductible, provided it is not more than a maximum amount ($2700). Any unused amount can be carried forward indefinitely. The account belongs to the employee and is portable with job changes. Eligible donations to these accounts are tax exempt for the employee and tax deductible for the employer Accumulated amounts in these accounts can be invested; the resulting income is tax exempt to the employee if withdrawals are used for the legitimate purposes of these plans. Personal Healthcare Spending Accounts Type of Plan Flexible Spending Account (FSA) IRC § 125 Medical Savings Account (MSA) IRC § 220(b) and (c) Health Reimbursement Arrangement (HRA) IRC § 105(h), 419, Health Savings Account (HSA) IRC § 223 (c) Who is eligible? Anyone who works for an employer having such a plan SelfSelf-employed and those working for employers with <50 employees Any selfself-employed person or employer group, regardless of size Any selfself-employed person or employer group, regardless of size; cannot be a dependent on another’ another’s tax return, e.g., children or spouses Who funds the account? Usually employee Employer or employee (but not both in a given year) Employer Employer and/or employee What are the annual financial requirements for contribution or nature of the underlying insurance? No legal minimum but maximum subject to federal regulation, currently $5000. Employee must have a "high deductible” deductible” plan; minimum and maximum limits and out of pocket limits subject to federal regulation, e.g., in 2006, for individuals the deductible limits are $1800/$2700 and maximum out of pocket is $3650. None. Employee must have a "high deductible” deductible” plan; minimum and maximum limits and out of pocket limits subject to federal regulation, e.g., in 2006, for individuals the deductible limits are $1050/None and maximum out of pocket is $5250. Are contributions federally tax exempt if used for “qualified” qualified” expenses? Yes Yes Yes Yes Can I carry unused contributions into the next year? No Yes Yes Yes Can I take unused contributions with me to my next job? No Yes No Yes Characteristics So…is this the solution? What do we know (so far): The RAND HIE used $1000 as its maximum out of pocket amount. Today that would be at least $6000. The health effects were “minimal” but the study did not last long enough to assess adequate endpoints for chronic illness, e.g., hypertension. The South African MSA carves out non-discretionary care from the out of pocket responsibility; our HSAs include all but potentially preventive care. While these plans depend on well-informed “consumers,” the most consistent complaint from them is they do not get enough information from insurers or employers to make intelligent choices. Once out of pocket limits are reached, consumers do not behave differently from full those with full coverage. Satisfaction levels with consumer-driven plans are significantly lower than with full coverage plans. Compared to those with full coverage plans, individuals with consumerdriven plans are significantly more likely to avoid, skip or delay care (particularly if they have health problems or earn less than $50,000 per year) and to spend a larger share of their income on out-of-pocket expenses (despite similar rates of healthcare use). Consumer-driven health plans do not address provider and supplier induced demand problems. Personal Healthcare Spending Accounts Type of Plan Flexible Spending Account (FSA) IRC § 125 Medical Savings Account (MSA) IRC § 220(b) and (c) Health Reimbursement Arrangement (HRA) IRC § 105(h), 419, Health Savings Account (HSA) IRC § 223 (c) Who is eligible? Anyone who works for an employer having such a plan Self-employed and those working for employers with <50 employees Any self-employed person or employer group, regardless of size Any self-employed person or employer group, regardless of size; cannot be a dependent on another’s tax return, e.g., children or spouses Who funds the account? Usually employee Employer or employee (but not both in a given year) Employer Employer and/or employee What are the annual financial requirements for contribution or nature of the underlying insurance? No legal minimum but maximum subject to federal regulation, currently $5000. Employee must have a "high deductible” plan; minimum and maximum limits and out of pocket limits subject to federal regulation, e.g., in 2006, for individuals the deductible limits are $1800/$2700 and maximum out of pocket is $3650. None. Employee must have a "high deductible” plan; minimum and maximum limits and out of pocket limits subject to federal regulation, e.g., in 2006, for individuals the deductible limits are $1050/None and maximum out of pocket is $5250. Are contributions federally tax exempt if used for “qualified” expenses? Yes Yes Yes Yes Can I carry unused contributions into the next year? No Yes Yes Yes Can I take unused contributions with me to my next job? No Yes No Yes Characteristics
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