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The Loss of Fiduciary Control:
How National Insurers are Re-shaping Self-funding



                   Presenter:
            Si Nahra, Ph.D., President
                 February 28, 2013
About Health Decisions, Inc.



Pioneering Specialists in

Group Health Care

Post-Payment Administration

For Over 25 Years
                    Customer Philosophy

             Respect for Existing Procedures

               Emphasis on Customization

                    Focus on Solutions
                                                       2
Terminology Used

•   National Insurers:
     – Blues, United, CIGNA, Aetna, etc.

•   TPA:
     – Specialty service organizations

•   Fiduciary:
     – Plan Sponsor or Trustee seeking to meet “Prudent Person”
       standard




                                                                  3
What’s Happened in Self-funding

      25 Years Ago                      Today

TPA were innovative,         TPA services are viewed as a
entrepreneurial and market   commodity judged almost
disrupters on a national     solely on price and seen as
scale.                       geographically limited.


National insurers were       National insurers are seen as
reacting and losing market   offering better value based
share in the 100+ market.    largely on the myth of
                             provider “discounts” offsetting
                             higher administrative fees.


                                                               4
How did this happen?

•   National insurers simply outsold TPA.

•   TPA adopted a “me too” approach to what they offer (especially
    regarding “discounts”) and stopped highlighting their
    differences.

•   National consultants went along with National Insurer policies
    and other consultants/brokers followed.

•   Fiduciaries for both employer and union plans accepted what
    others told them with few questioning the National Insurer logic
    of “higher fees but better discounts.”
                                                                       5
National Insurer Version of Self-funding

• National Insurers rarely use the term “self-funding.”
   – They refer to their arrangements as Administrative Contracts
     or Services. This appears to be a conscious decision.
• National Insurers pursue very similar policies.
   – Not collusion but common practices that make very good
     business sense for them.
• National Insurers may not be doing anything illegal.
   – But the collective effect of their actions tends to shift
     fiduciary control away from the Plan Sponsors.
• Employer and Union Plan Fiduciary interests suffer.
   – Place a distant second to provider interests.


                                                                 6
National Insurer Policies

1. Block Fiduciary control of data.

2. Put limits and conditions on Fiduciary oversight.

3. Shield provider payment policies from Fiduciary
   review.

4. Alter plan liability after claim payment with little or
   no explanation to Fiduciary.

                                                             7
Block Fiduciary control of data.

• Common National Insurer Practice:
   – Flood Fiduciary with reports and internet access.
   – But block direct Fiduciary or Plan data control.

• Data Control is the “canary in the coal mine.”

• TPA do not block client data control demands.



                                                         8
Put limits and conditions on Fiduciary oversight.

• Common National Insurer Practice:
   – Only “allow” annual or bi-annual reviews of a
     limited number of claims.
   – Declare that these limits are binding on Fiduciary.

• Service limits are fine but using them to prevent
  additional Fiduciary review is crossing a line.

• TPA understand this distinction.

                                                           9
Shield provider payment policies from Fiduciary review.

 • Common National Insurer Practice:
    – Provider contracts are strictly off-limits.
    – Financial consequences of these contracts borne by Plan
      but the basis for provider payment is “proprietary”.


 • Supports fiction of “discounts” which is used to justify
   higher administrative fees.

 • TPA often in same position as Plan if they “lease” a
   network but they do expose what they know.
                                                                10
Alter plan liability after claim payment
              with little of no explanation to Fiduciary.
• Common National Insurer Practice:
   – Use of post-payment financial settlements (often quarterly)
     and separate from stop-loss reconciliations.
   – Adjustment fees “disclosed” but buried.

• Compounds hidden provider payment policies.
• Incentives from Medical Loss Ratio limits likely to
  make this worse.

• TPA (and even some National Insurers) do not do
  this.
                                                                   11
Regaining Fiduciary Control
  National Insurer                          Fiduciary Response
       Policy
Block Fiduciary control of         Tell Payer you want to house data behind a
data.                              firewall you designate and that data will be the
                                   sole source for documenting claim payment
                                   liability.
Put limits and conditions on       Once you have data control, let the Payer know
Fiduciary oversight.               you plan other reviews; their involvement is
                                   welcomed but not required.
Shield provider payment            Once you have data control, let the payer know
policies from Fiduciary            you plan to do independent provider payment
review.                            reviews using Medicare standards as a
                                   minimum.
Alter plan liability after claim   Once you have data control, require that any
payment with little of no          change to claim payment liability be
explanation to Fiduciary.          documented using the claims data you control.

                                                                                  12
Past Webinars Available
        Recordings of past webinars are available upon request, including:
•   January 2013 – Top 10 Do’s and Don'ts of Data Warehousing
•   December 2012 – Union Trusts: Health Reforms Most Overlooked Winner?
•   November 2012 -- Year-end Renewal and Bidding: Opportunities for Control and Savings
•   October 2012 – The 5 Most Important Things an Effective Dependent Audit Should Include
•   September 2012 - Old Question, New Twist: Is Self-funding Right for Your Group Health Plan?
•   August 2012 - Are You Ready to Manage Your Health Plan Costs?
•   June 2012 - Group Health Brokers’ Future: Disintermediation or Re-intermediation
•   May 2012 – Five Levers of Management Control
•   April 2012 – How the AMA Can Help You with Plan Oversight
•   March 2012 – Health Data Control
•   February 2012 – Health Reform: A Contrarian’s Perspective
•   January 2012 – The Road to 100% Transparency
•   December 2011 – 2012: What Does it Hold for Self-funded Health Plans?

           For more information, please visit www.healthdecisions.com                         13
For More Information
          Contact
  si@healthdecisions.com
       734-451-2230

  Connect with me on LinkedIn
Add me to your circles on Google+
     Like us on FaceBook
      Follow us on Twitter
                                    14

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Health Decisions Webinar: February 2013 Loss of Fiduciary Control

  • 1. The Loss of Fiduciary Control: How National Insurers are Re-shaping Self-funding Presenter: Si Nahra, Ph.D., President February 28, 2013
  • 2. About Health Decisions, Inc. Pioneering Specialists in Group Health Care Post-Payment Administration For Over 25 Years Customer Philosophy Respect for Existing Procedures Emphasis on Customization Focus on Solutions 2
  • 3. Terminology Used • National Insurers: – Blues, United, CIGNA, Aetna, etc. • TPA: – Specialty service organizations • Fiduciary: – Plan Sponsor or Trustee seeking to meet “Prudent Person” standard 3
  • 4. What’s Happened in Self-funding 25 Years Ago Today TPA were innovative, TPA services are viewed as a entrepreneurial and market commodity judged almost disrupters on a national solely on price and seen as scale. geographically limited. National insurers were National insurers are seen as reacting and losing market offering better value based share in the 100+ market. largely on the myth of provider “discounts” offsetting higher administrative fees. 4
  • 5. How did this happen? • National insurers simply outsold TPA. • TPA adopted a “me too” approach to what they offer (especially regarding “discounts”) and stopped highlighting their differences. • National consultants went along with National Insurer policies and other consultants/brokers followed. • Fiduciaries for both employer and union plans accepted what others told them with few questioning the National Insurer logic of “higher fees but better discounts.” 5
  • 6. National Insurer Version of Self-funding • National Insurers rarely use the term “self-funding.” – They refer to their arrangements as Administrative Contracts or Services. This appears to be a conscious decision. • National Insurers pursue very similar policies. – Not collusion but common practices that make very good business sense for them. • National Insurers may not be doing anything illegal. – But the collective effect of their actions tends to shift fiduciary control away from the Plan Sponsors. • Employer and Union Plan Fiduciary interests suffer. – Place a distant second to provider interests. 6
  • 7. National Insurer Policies 1. Block Fiduciary control of data. 2. Put limits and conditions on Fiduciary oversight. 3. Shield provider payment policies from Fiduciary review. 4. Alter plan liability after claim payment with little or no explanation to Fiduciary. 7
  • 8. Block Fiduciary control of data. • Common National Insurer Practice: – Flood Fiduciary with reports and internet access. – But block direct Fiduciary or Plan data control. • Data Control is the “canary in the coal mine.” • TPA do not block client data control demands. 8
  • 9. Put limits and conditions on Fiduciary oversight. • Common National Insurer Practice: – Only “allow” annual or bi-annual reviews of a limited number of claims. – Declare that these limits are binding on Fiduciary. • Service limits are fine but using them to prevent additional Fiduciary review is crossing a line. • TPA understand this distinction. 9
  • 10. Shield provider payment policies from Fiduciary review. • Common National Insurer Practice: – Provider contracts are strictly off-limits. – Financial consequences of these contracts borne by Plan but the basis for provider payment is “proprietary”. • Supports fiction of “discounts” which is used to justify higher administrative fees. • TPA often in same position as Plan if they “lease” a network but they do expose what they know. 10
  • 11. Alter plan liability after claim payment with little of no explanation to Fiduciary. • Common National Insurer Practice: – Use of post-payment financial settlements (often quarterly) and separate from stop-loss reconciliations. – Adjustment fees “disclosed” but buried. • Compounds hidden provider payment policies. • Incentives from Medical Loss Ratio limits likely to make this worse. • TPA (and even some National Insurers) do not do this. 11
  • 12. Regaining Fiduciary Control National Insurer Fiduciary Response Policy Block Fiduciary control of Tell Payer you want to house data behind a data. firewall you designate and that data will be the sole source for documenting claim payment liability. Put limits and conditions on Once you have data control, let the Payer know Fiduciary oversight. you plan other reviews; their involvement is welcomed but not required. Shield provider payment Once you have data control, let the payer know policies from Fiduciary you plan to do independent provider payment review. reviews using Medicare standards as a minimum. Alter plan liability after claim Once you have data control, require that any payment with little of no change to claim payment liability be explanation to Fiduciary. documented using the claims data you control. 12
  • 13. Past Webinars Available Recordings of past webinars are available upon request, including: • January 2013 – Top 10 Do’s and Don'ts of Data Warehousing • December 2012 – Union Trusts: Health Reforms Most Overlooked Winner? • November 2012 -- Year-end Renewal and Bidding: Opportunities for Control and Savings • October 2012 – The 5 Most Important Things an Effective Dependent Audit Should Include • September 2012 - Old Question, New Twist: Is Self-funding Right for Your Group Health Plan? • August 2012 - Are You Ready to Manage Your Health Plan Costs? • June 2012 - Group Health Brokers’ Future: Disintermediation or Re-intermediation • May 2012 – Five Levers of Management Control • April 2012 – How the AMA Can Help You with Plan Oversight • March 2012 – Health Data Control • February 2012 – Health Reform: A Contrarian’s Perspective • January 2012 – The Road to 100% Transparency • December 2011 – 2012: What Does it Hold for Self-funded Health Plans? For more information, please visit www.healthdecisions.com 13
  • 14. For More Information Contact si@healthdecisions.com 734-451-2230 Connect with me on LinkedIn Add me to your circles on Google+ Like us on FaceBook Follow us on Twitter 14

Notas do Editor

  1. We want to pose initial questions to participants at this point: Are you a self-funded plan (choose one) __fiduciary __manager __advisor __administrator What is the approximate number of active employees in the self-funded plan you represent? __under 100 __100-1000 __1000 to 5000 __over 5000 What is the approximate number of retirees in the self-funded plan you represent? __ none __under 100 __100-1000 __1000 to 5000 __over 5000