responses to specific questions raised in the … to ahip mlr letter (05-14...care quality‖ and...

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1 Responses to Specific Questions Raised in the Request for Information A. Actual Medical Loss Ratio Experience and Minimum Medical Loss Ratio Standards 1. “How do health insurance issuers’ current medical loss ratios for the individual, small group, and large group markets compare to the minimum standards required in the PPACA?” The traditional medical loss ratio (―MLR‖) reporting prior to PPACA only considered medical claims costs and premiums earned, while the PPACA’s formula for MLR is more inclusive and complex as reflected in its adjustments for ―activities that improve health care quality‖ and ―Federal and State taxes and licensing or regulatory fees.‖ Moreover, as described above, the MLR provision assumes the presence of the post-2014 reform environment and draws contrasts with the current market. As noted in our letter, there are significant differences between the current market and that expected for 2014. This underscores the importance of an effective transition. A well-defined transition is necessary to ensure stability and must take into account critical factors such as durational issues for individual coverage, the labor intensive process for establishing coverage in the individual and small group markets, the cost structure and existing obligations with current coverage and the impact of lower overall premium levels found in the current market on MLR values. These significant differences make direct comparisons of previous MLRs to the new minimum standards required by PPACA difficult and compel consideration of how the MLR ―uniform definitions‖ and ―standardized methodologies‖ may impact the health plans’ solvency and market participation. a. “What factors contribute to annual fluctuations in issuers’ medical loss ratios?” A number of factors contribute to annual fluctuations in an health plan’s MLR, including but not limited to: claims experience changes, for instance due to a particularly extensive flu outbreak; required start-up costs, especially in the individual market and small group markets; durational patterns for individual coverage (in the vast majority of states that are not guarantee issue) which means that these plans will have lower loss ratios(with higher loss ratios in later durations); new benefit mandates and required administrative changes, such as those related to implementation of HIPAA and other health information technology related requirements including legislatively mandated ICD-10 and administrative simplification requirements. b. “To what extent do States have different minimum medical loss ratio requirements based on plan size, plan type, numbers of years of operation, or other factors?”

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Page 1: Responses to Specific Questions Raised in the … to AHIP MLR letter (05-14...care quality‖ and ―Federal and State taxes and ... the health plan’s only recourse under existing

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Responses to Specific Questions Raised in the Request for Information

A. Actual Medical Loss Ratio Experience and Minimum Medical Loss Ratio Standards

1. “How do health insurance issuers’ current medical loss ratios for the individual,

small group, and large group markets compare to the minimum standards required

in the PPACA?”

The traditional medical loss ratio (―MLR‖) reporting prior to PPACA only considered

medical claims costs and premiums earned, while the PPACA’s formula for MLR is more

inclusive and complex as reflected in its adjustments for ―activities that improve health

care quality‖ and ―Federal and State taxes and licensing or regulatory fees.‖ Moreover,

as described above, the MLR provision assumes the presence of the post-2014 reform

environment and draws contrasts with the current market. As noted in our letter, there

are significant differences between the current market and that expected for 2014. This

underscores the importance of an effective transition. A well-defined transition is

necessary to ensure stability and must take into account critical factors such as

durational issues for individual coverage, the labor intensive process for establishing

coverage in the individual and small group markets, the cost structure and existing

obligations with current coverage and the impact of lower overall premium levels found

in the current market on MLR values.

These significant differences make direct comparisons of previous MLRs to the new

minimum standards required by PPACA difficult and compel consideration of how the

MLR ―uniform definitions‖ and ―standardized methodologies‖ may impact the health

plans’ solvency and market participation.

a. “What factors contribute to annual fluctuations in issuers’ medical loss

ratios?”

A number of factors contribute to annual fluctuations in an health plan’s MLR,

including but not limited to: claims experience changes, for instance due to a

particularly extensive flu outbreak; required start-up costs, especially in the

individual market and small group markets; durational patterns for individual

coverage (in the vast majority of states that are not guarantee issue) which means

that these plans will have lower loss ratios(with higher loss ratios in later

durations); new benefit mandates and required administrative changes, such as

those related to implementation of HIPAA and other health information

technology related requirements including legislatively mandated ICD-10 and

administrative simplification requirements.

b. “To what extent do States have different minimum medical loss ratio

requirements based on plan size, plan type, numbers of years of operation, or

other factors?”

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See Attachment B entitled ―State Mandatory Medical Loss Ratio (MLR)

Requirements for Comprehensive, Major Medical Coverage: Summary of State

Laws.‖ Attachment B provides, among other things, a full description of the

various approaches States have taken to MLR requirements, recently updated

based on feedback from the NAIC.

2. “What criteria do States and other entities consider when determining if a given

minimum loss ratio standard would potentially destabilize the individual market?

What other criteria could be considered?”

The primary criteria that should be considered is whether the individual market is robust and

stable and that consumers have choices among insurance policies offered. If because of the new

MLR standard it is no longer viable for a health plan to issue policies in the individual market or

remain in the market adjustments to MLR ratio should be made to protect access for consumers.

If a health plan were to determine that it is no longer viable from a loss and solvency standpoint,

the health plan’s only recourse under existing law is to exit the individual market on a state-by-state

basis. The plan would then typically be prohibited from re-entering the market for 5 years.

The impact of these events on consumers and the market would be significant. Existing enrollees

would lose their existing coverage, all consumers would face reduced choices, and the market would

have fewer competitors. Moreover, while a new transitional high risk pool might be established in a

state, as a pre-requisite to participating in the new high risk pool a high risk individual would have

to be without coverage for 6 months (and issues concerning the solvency of the new transitional high

risk pools have also been raised by government offices).

B. Uniform Definitions and Calculation Methodologies

1. “What definitions and methodologies do states and other entities currently

require when calculating MLR-related statistics?”

See Attachment B.

a. “What assumptions and methodologies do issuers use when calculating

MLR-related statistics? What are some of the major difference that exist, as

well as pros and cons of these various methods?”

Individual coverage typically exhibits durational claims (in the vast majority of

states that are not guarantee issue) which means such coverage will have lower

loss ratios in the early years with higher loss ratios in later duration. Coverage

in early durations also reflects high start up costs. For this reason, a single year

methodology is not used. Instead, a lifetime MLR methodology is used wherein

actuarially forecasted costs and premiums are combined with past costs and

premiums and used to ensure that, over the expected life of the policy, the MLR

will approximate a certain percentage. In addition, some States require health

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plans to report a ―future lifetime loss ratio,‖ which is an actuarial forecast of

future costs and premiums and is used to ensure premiums will cover future costs.

Financial statements use Generally Accepted Accounting Principles (―GAAP‖).

At the present time, ―activities that improve health care quality‖ and ―Federal

and State taxes and licensing or regulatory fees‖ are not features of the MLRs

calculated for financial statement purposes. How costs and MLR are reported in

financial statements using GAAP may differ from how regulators require

reporting of costs and MLRs under statutory accounting conventions.

Notwithstanding these differences and the potential for diverse outcomes (i.e.,

distinct MLR values), an MLR is calculated in each context for the same

purpose—to assess financial soundness.

b. “What kinds of assumptions and methodologies do issuers currently use

for allocating administrative overhead by product, geographic area, etc.?

What are the pros and cons of these various methodologies?”

As appropriate to the reporting context, health plans will employ statutory

accounting requirements or GAAP criteria for allocating expenses. Many health

plans allocate expenses based on time allocation studies. In addition, health

plans may allocate expenses based on plan premiums or the number of

policyholders, if the expense is directly variable to such functions.

Health plans are extremely varied in the types of insurance and other services

they offer, size, and geographic location. Both statutory accounting requirements

and GAAP criteria recognize such differences by allowing for flexibility in how

expenses are allocated.

It is critical that the PPACA MLR allocation requirements recognize the

considerations relevant to a variety of contexts. Administrative costs for large

group coverage, for example, are typically not reported on a state-by-state basis.

Requiring such reporting will create significant new administrative costs. It also

would work against the basic accounting principle of matching costs to

associated premiums. In addition, it is important that health plans not be subject

to a one-size fits all allocation methodology that does not provide the flexibility of

current statutory accounting requirements and GAAP criteria necessary to

accommodate different health plan models. This is especially true in light of

efforts to encourage experimentation and reform in payment and delivery system

models. MLR implementation should not be allowed to undermine these

important efforts.

c. “What kinds of assumptions and methodologies do issuers currently use

when calculating the loss adjustment expense (or change in contract

reserves)? What are the pros and cons of these various methods?”

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Loss adjustment expenses (―LAE‖) are very different from contract reserves. The

LAE calculation includes many ―activities that improve health care quality,‖ but

may also include the normal cost of reimbursement for health care services. As

the collection of usable information about the interaction of various health

conditions is a priority under PPACA, the level of recorded information on even

simple claims is as critical as it is on the most expensive claims.

Allocation methodologies for LAE involve the same issues discussed in the

response to RFI Question B.1.b for administrative expenses. For example,

recognition of costs for systems to collect and report quality information would be

appropriate under a variety of allocation methodologies.

In contrast, contract reserves are the pre-payment of anticipated higher incurred

claims in later years on a contract. As such, they generally are considered a part

of benefits (incurred claims, under PPACA) when included in a MLR.1

d. “To what extent do States and other entities receive detailed information

about the distribution of non-claims costs by function (for example, claims

processing and marketing)? To what extent do they set standards as to which

administrative overhead costs may be allocated to processing claims, or

providing health improvements?”

Some states, such as California, require some allocation of non-claims expenses

into specified types, but the majority of states do not have such a requirement.

Because states traditionally have required MLR reporting to review an health

plan’s proposed premium changes, to date, the focus has been more on

comparing the ratio of actual and projected incurred claims to similar values of

earned premiums versus regulatory standards that vary by type of product,

renewal category, and premium size.

The NAIC annual statement blank that most health plans file requires the health

plans to report expenses according to a variety of categories, and then to divide

these expenses into those that are claim related and those that are non-claim

related. The health annual statement blank, in the underwriting and investment

exhibit, part 3, requires a split of expenses into ―cost containment expenses,‖

―other claim adjustment expenses,‖ ―general administrative expenses,‖ and

―investment expenses.‖ Each of those categories is further classified into one of

twenty-eight sections and sub-sections, although the blank may not capture all

cost containment expenses. For health plans filing the life annual statement

blank, exhibit 2 (general expenses) classifies accident and health expenses into

―cost containment‖ and ―all other‖ and those categories are further classified

into one of thirty-three sections and sub-sections. Exhibit 3, (taxes, licenses and

1 See, e.g., 42 C.F.R. § 403.253 (MLR calculation for Medicare Supplemental policies).

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fees) has six separate items. When an expense does not fit into a pre-defined

section, health plans are to write-in a description of the expense.

e. “What kinds of criteria do States and other entities use in determining if a

given company has credible experience for purposes of calculating MLR-

related statistics?”

Although health insurance premiums have not historically been subject to

credibility review, many States have recognized credibility for property/casualty

rate filings. These States do not have defined measures of credibility, but instead

rely on actuaries, subject to appropriate actuarial methodology, to determine the

credibility that applies to any filing.

Some States2 allow health plans, if they have filed a ―loss ratio guarantee‖ with

the State, to forgo prior regulatory approval of premium rate increases. The

guarantee requires the health plan to meet a MLR requirement, such as that

contained in the NAIC's ―Guidelines for Filing of Rates for Individual Health

Insurance Forms,‖ which contains a credibility standard. If the health plan fails

to meet the MLR requirement, it is required to rebate the difference to the

policyholders.

As noted previously, we recognize the need to ensure appropriate levels of

statistical credibility in the determination of an MLR standard in order to

maintain stability in the marketplace.

One way to address this issue is to adopt a modified version of the credibility

adjustment table that is included in the NAIC Annual Medicare Supplement

Refund Calculation form to factor in a non-Medicare population. These

standards, however, must guard against the unintended effect of causing volatility

that results from normal variation in experience, and that could drive up the cost

of health insurance coverage for consumers and reduce their choices in the

marketplace. New regulations should build on the experience and lessons learned

from the calculations designed for the NAIC Medicare Supplement loss ratio

standards. However, the specific standard adopted for the commercial health

insurance market would need to be adjusted to factor in the diversity and wider

variation of claims costs experienced in comprehensive benefit plans for a non-

Medicare Supplement population.3

f. What kinds of special considerations, definitions, and methodologies do

States and other entities currently use relating to calculating MLR-related

statistics for newer plans, smaller plans, different types of plans or coverage?

2 See, e.g., S.C. Code § 38-71-310(E).

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As discussed previously, special considerations should be given to newer plans,

different types of plans and smaller plans as follows:

Newer Plans: As discussed, individual health care coverage typically

reflects lower loss ratios in the early years or “durations” of coverage and

higher loss ratios in later durations. Coverage in both the individual and

small group markets reflect significant start-up costs. In addition, in many

cases, the coverage under newer plans may be in place for less than a year

and will not have accumulated adequate experience for purposes of the

MLR calculations. Approaches for addressing the special circumstances

of “newer plans” need to take these factors into account.

Different Types of Plans: There are a number of potential issues that need

to be addressed, including circumstances involving the provision of

coverage to Americans located abroad.

Another special circumstance to recognize is that coverage issued prior to

enactment of PPACA was designed to meet different standards, and the

cost structure for this coverage is locked in through contractual

commitments. Similarly, as discussed, the differences between the current

market and post-2014 market should be taken into account with respect to

coverage issued during the 2010-2014 transition. In other words, while

the requirements of the MLR provision remain largely unchanged between

the pre and post-2014 time period, implementation of the major structural

changes does not occur until after 2014.

Smaller Plans: The issues associated with scale are particularly important

for smaller plans. In this regard, the credibility adjustment discussed above

is especially necessary as a means of protecting small plans against

volatility in the market and effectively creating a barrier to the entry of

new plans – which will tend to be small at the outset.

In addition, smaller plans also face challenges with respect to the structure

of administrative costs. Because many administrative costs are fixed in

nature, smaller plans will tend to have higher average administrative costs

because they have a smaller base of coverage over which to spread these

costs.

It is also important to take into account the tendency for each of these

circumstances to run together. For example, if a particular carrier offers

coverage that is predominantly “new,” or in early durations, “small” with

respect to scale, and “different” reflecting the rules and structure of the

market under which the coverage was written, the totality of these

circumstances should be taken into account. To do otherwise is to invite

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significant disruption for those with existing coverage and to limit choices

and competition for all consumers.

2. “What are the similarities and differences between the requirements in Section

2718 and current practices in states?”

a. “What MLR-related data elements that are required by PPACA do issuers

currently capture in their financial accounting systems, and how are they

defined? What elements are likely to require systems changes in order to be

captured?”

The NAIC annual statement blank requires that most plans report expenses

according to a variety of categories, and health plans therefore have accounting

systems to report those categories. However, we expect that system changes are

going to be required by all health plans, the extent of which will likely be

determined when formal definitions are received from NAIC and certified by the

Secretary.

b. “What MLR-related data elements that are required by PPACA do States

or other entities currently require issuers to submit, and how are they

defined? What elements are not currently submitted?”

In relation to the MLR, States require health plans to submit data regarding

incurred claims and earned premiums. States often require other data to be

submitted, but not necessarily in the context of the MLR.

3. “What definitions currently exist for identifying and defining activities that

improve health care quality?”

a. “What criteria do States and other entities currently use in identifying

activities that improve health care quality?”

“Reimbursement for clinical services provided to enrollees”

For purposes of calculating MLR, it would appear that the term ―reimbursement

for clinical services‖ would include any payment for the provision of clinical

services. However, with the implementation of many new innovations in health

care delivery, reimbursement for clinical services is increasingly in the form of a

bundled payment that may include secondary health care improvement

components. In light of the various provisions of PPACA that seek to achieve

appropriate care patterns, we recommend MLR standards and uniform definitions

that allow bundled payments by the health plan to the provider to be included in

total as a cost of ―reimbursement for clinical services.‖ While portions of these

bundled payments include quality improvement mechanisms, we recommend that

including all such payments as ―reimbursement for clinical services.‖ This will

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alleviate the unnecessary burden in accounting for such payments and encourage

health insurance health plans and health care providers to promote such bundled

payment arrangements which help patients get the appropriate care and may help

bring down the cost of health care coverage.

“Activities that improve health care quality”

With respect to the second broad goal of ensuring that our nation’s health care

system moves toward a higher value path focused on quality, it is critical that the

term ―activities that improve health care quality‖ as referred to under PPACA

Section 1001 (amending PHSA, Section 2718), is appropriately defined. This

definition should recognize the full range of health plan activities – both directly

and indirectly related to patient care – that have the primary purpose of

improving patient outcomes.

When defining such activities, HHS should consider the quality framework and

criteria established by the Institute of Medicine (IOM) and the Agency for

Healthcare Research and Quality (AHRQ), entities which have a primary goal of

promoting high quality health care for consumers. In Crossing the Quality

Chasm, the IOM stated that enhancing quality in our health care system requires

a focus on six core aims: (1) safety; (2) effective; (3) patient-centered; (4) timely;

(5) efficient; and (6) equitable. AHRQ – which consistently refers to the IOM’s

criteria – notes that there are similar facets to health care quality. More details

about the IOM and AHRQ quality framework and criteria are included in

Appendix A.1.

Identifying Categories of Activities that Improve Health Care Quality

We believe the definition of ―activities that improve health care quality,‖ at a

minimum, should include:

Care and case management, disease management programs, care

coordination and patient monitoring that provide direct benefits to

policyholders;

Wellness and prevention programs including health risk assessments;

Investments in health information technology that are designed to improve

health care quality, reduce medical errors, reduce health disparities, and

advance the delivery of patient-centered medical care, including the

development of personal health records (PHRs) and costs associated with the

transition to ICD-10 codes that will be used in health plan systems that

promote quality and safety;

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Costs associated with provider credentialing, ensuring that providers are

appropriately accredited, certified, licensed, and have not committed

malpractice, fraud, or other violations, and other activities related to the

development and maintenance of networks (including Centers of Excellence

networks);

Quality programs that would qualify a plan for accreditation by either URAC

or NCQA;

Value-based purchasing initiatives, including pay-for-quality, gain-sharing,

risk sharing arrangements, and shared savings initiatives, intended to provide

higher quality of direct care to patients;

Nurse call lines;

Care improvement activities that aim to improve the quality and/or

appropriateness of care delivery at either a population or service level,

including medication therapy management, radiology benefit management,

and formulary management;

Programs designed to ensure patient safety with respect to prescription drugs,

such as medication and care compliance, drug interaction, and drug safety

programs;

Quality research and reporting programs designed to educate providers and

encourage them to change behavior to improve patient outcomes;

Consumer education programs, including programs aimed at reducing health

care disparities;

Costs associated with maintaining and developing patient-centered medical

homes; and

Internal and external review programs that ensure that patients receive

effective care in a timely manner.

We believe the activities listed in the bullets above are appropriately identified as

―activities that improve quality of care‖ for the following reasons:

• All of the activities are consistent with the IOM’s and AHRQ’s criteria for

quality care;

• Many of the activities have been referred to as quality improvement

activities in the health care reform law;

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• Activities have been referred to as quality improvement activities by the

Administration, and/or by independent and credible groups; and/or

• There are numerous examples of how these activities have improved

health care quality for patients.

These reasons are explained in more detail below and in Appendix A.2.

Consistent with the IOM and AHRQ Criteria for Quality Care

Each of the activities listed in the bullets above meets at least one of the facets

contained in the IOM’s definition of quality, and/or contributes to ensuring

quality health care based on AHRQ’s criteria (i.e., that the right thing is done for

patients at the right time and care is effective). For example:

Activities listed above which improve patient safety (IOM’s first criteria)

include: investments in health information technology to reduce medical

errors and patient safety programs including programs that prevent adverse

drug interactions.

Activities listed above which improve effectiveness of care and help avoid

underuse, overuse, and misuse (IOM’s second criteria and AHRQ’s criteria)

include: wellness and prevention programs, provider credentialing and

activities relating to the development and maintenance of provider networks,

quality programs that would qualify a plan for accreditation, value-based

purchasing initiatives, internal and external review programs, nurse call

lines, care improvement programs, and quality research and reporting

programs designed to educate providers.

Activities listed above which improve patient-centeredness (IOM’s third

criteria) include: patient-centered medical homes, and care and case

management and disease management programs.

Activities listed above which improve equity of care (IOM’s sixth criteria)

include: consumer education programs including programs to address health

care disparities.

Referred to as Quality Improvement Activities in PPACA

Many of the categories of activities listed above have been referred to as quality

activities in the health care law. These activities include:

Quality reporting (See PPACA, Section 1001);

Effective case management (See PPACA, Section 1001);

Care coordination (See PPACA, Section 1001);

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Chronic disease management (See PPACA, Section 1001);

Medication and care compliance initiatives (See PPACA, Section 1001);

Patient-centered education and counseling, comprehensive discharge

planning, post discharge reinforcement by an appropriate health care

professional, and other activities to prevent hospital readmissions (See

PPACA, Section 1001);

Activities to improve patient safety and reduce medical errors through the

appropriate use of best clinical practices, evidence based medicine, and

health information technology under the plan or coverage (See PPACA,

Section 1001);

Wellness and health promotion activities (See PPACA, Section 1001);

Value-based purchasing initiatives, such as pay-for-quality initiatives (See

PPACA, Title III, Subtitle A, Part I);

Patient-centered medical home (See PPACA, Section 3502);

Care improvement activities, such as medication management (See

PPACA, Section 3503); and

Activities related to the development and maintenance of provider

networks, such as maintenance of certification (See PPACA, Section

10327)

More detailed information is provided in Appendix A.2.

Referred to as Quality Improvement Activities by the Administration and Others

Many of the categories of activities listed above have been referred to as quality

activities by the Administration or other independent and credible researchers or

groups. For example:

Personal Health Records (PHRs), Transition to ICD-10 Codes and Other

Investments in Health Information Technology. OMB recently noted that

―the [President’s] Budget includes $110 million for continuing efforts to

strengthen health IT policy, coordination, and research activities. Combined

with the Recovery Act’s Federal grant and incentive programs designed to

assist providers with adoption and meaningful use of electronic health

records, these efforts will improve the quality of health care while protecting

privacy and security of personal health information.‖4

Likewise, the American Academy of Pediatrics (―AAP‖) has stated that PHRs

can ―provide information to serve as the basis for pediatric quality

improvement efforts.‖ Finally, HHS has indicated that with the adoption of

the ICD-10 code sets, the nation is ―taking a giant step forward toward

4 “Secure and Affordable Health Care for All Americans. OMB fact sheet, available at

www.whitehouse.gov/omb/factsheet_key_health_care/.

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developing a health care system that focuses on quality and affordability

through the implementation of health information technology… The greatly

expanded ICD-10 code sets will enable HHS to fully support quality

reporting, pay-for-performance, bio-surveillance, and other critical

activities‖ and ―improve disease tracking and speed transition to an

electronic health care environment.‖5 As HHS recognizes, the new ICD-10

codes will be used by health plans in systems that promote health care quality,

including case management applications that capture and review medical

history and claims data to help in the coordination of care, disease

management processes that evaluate treatment provided to a patient with a

chronic condition to ensure that proper care is rendered; pharmacy system

processes such as medication warning and allergy alerts; and electronic and

personal health record systems.

Activities Related to the Development and Maintenance of Provider

Networks. Health plans and health plans ensure that providers are

appropriately licensed, certified, and accredited as they develop and maintain

their provider networks. Such activities have been found by others, such as

the IOM, to improve health care quality. The 2001 Institute of Medicine’s

landmark report, Crossing the Quality Chasm, recommended that setting and

enforcing explicit professional and facility standards through regulatory and

other oversight mechanisms, such as licensure, certification, and

accreditation, define minimum threshold performance levels for health care

organizations and professionals.

Health plans also promote high quality by ensuring that network providers

have not committed malpractice, fraud, or other violations. The relationship

of fraud activities to quality, for example, was confirmed in President

Obama’s HHS Budget message where ―reducing fraud, waste, and abuse‖ is

cited as ―an important part of restraining spending growth and providing

quality service delivery to beneficiaries.‖

Care improvement activities. These activities are designed to ensure that

patients are receiving the right services and procedures at the right time. In a

recent report, the Government Accountability Office (GAO) recommended

that the Centers for Medicare and Medicaid Services (CMS) use private payer

management strategies to address quality issues, such as variations in

imaging use across geographic regions and potential overuse of imaging

services.6

5 “HHS Proposes Adoption of ICD-10 Code Sets and Updated Electronic Transaction Standards,” News Release,

August 15, 2008, available at www.hhs.gov/news/press/2008pres/08/20080815a.html.

6 GAO-08-452.

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Examples Demonstrating the Quality Benefits of these Activities to Patients

Plans and health plans have developed and implemented countless initiatives

aimed at improving health care quality and patient outcomes. Several examples

are included in Appendix A.2. Each example – which falls into one of the

categories listed in the bullets above – includes results which demonstrate how

consumers have benefitted from the activity.

In addition to the 13 categories of activities previously outlined, we urge HHS to

consider that all carriers fund efforts to improve the health and welfare not only

of their enrollees, but of the communities they serve through community benefit

programs, such as research, community-based health partnerships, direct health

coverage for low-income families, and grants and technical assistance to

community clinics, health departments, and public hospitals. These programs

improve health care quality and should be recognized as such in the MLR

calculation as well.

Moreover, it is important to recognize that the list of activities that improve health

care quality is never static. Health plans continue to develop new methods to

improve patient outcomes and current quality improvement programs continue to

evolve. For this reason, we urge HHS to make clear that any list – which

establishes categories of activities that improve health care quality – should not

be exclusive. The flexibility to recognize other activities, particularly future

activities, as improving health care quality is critical in a constantly changing

environment.

Recognizing these or similar activities and factors in the MLR calculation would

be consistent with current medical loss ratio calculations of others, such as the

state of Minnesota.7 More importantly, it would create incentives for plans and

health plans to continue to promote innovation, and ensure that such programs

which improve quality and patient outcomes are developed and maintained.

Finally, excluding these activities from the MLR calculation would undermine the

quality framework established by the Institute of Medicine and in most cases, the

policy objectives of and/or statements made by the Administration.

b. “What, if any, lists of activities that improve health care quality currently

exist? What are the pros and cons associated with including various kinds of

activities on these lists (for example disease management and case

management)?”

7 Among other things, the state recognizes case management activities, clinical quality assurance and other types of

medical care quality, improvement efforts, and consumer education for health improvement in its calculation.

Report of 2005 Loss Ratio Experience in the Individual and Small Employer Health Plan Markets for: Insurance

Companies Nonprofit Health Service Plan Corporations and Health Maintenance Organizations, June 2006.

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See answer from Section 3.a. above.

c. “To what extent do current calculations of medical loss ratios include the

amount spent on improving health care quality? Is there any data available

relating to how much this amount is?”

A Minnesota Department of Commerce report8 defines loss ratio as the ratio of

incurred claims to earned premiums.

The report defines incurred claims as the paid-on-incurred claims for the year,

plus a reserve for claims incurred but not yet paid, plus the change in any other

reserves held, plus the expenses incurred during the year for the following items,

where expenses for a functional area should include allocated costs such as

electronic data processing equipment, office space, management, overhead, and

so on.

For insurance companies and nonprofit health service plan corporations,

incurred claims include:

any accrued expected value of withholds, bonuses, or other amounts to be paid

to providers under contracts with the health plan company;

any accrued prescription drug rebates or refunds from pharmaceutical

companies (a reduction to the claims);

case management activities;

capitations paid or accrued to providers for claims incurred during 2005;

clinical quality assurance and other types of medical care quality

improvement efforts

concurrent or prospective utilization review as defined in Minnesota statutes;

consumer education solely for health improvement;

detection and prevention of payment for fraudulent requests for

reimbursement;

net reinsurance cost (premiums less claims) for the Minnesota Health Care

Reinsurance Association (MHCRA) and private reinsurance, and assessments

by MHCRA;

network access fees to PPOs and other network-based health plans;

provider contracting and credentialing costs; and

provider tax required by Minnesota statutes, section 295.52.

4. “What other terms or provisions require additional clarification to facilitate

implementation and compliance? What specific clarifications would be helpful?”

8 Report of 2005 Loss Ratio Experience in the Individual and Small Employer Health Plan Markets for: Insurance

Companies Nonprofit Health Service Plan Corporations and Health Maintenance Organizations, June, 2006

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We are hopeful that the process in which the NAIC is currently engaged will provide the

necessary clarifications.

C. Level of Aggregation

1. “What are the pros and cons associated with using various possible level(s) of

aggregation for different contexts relating to implementation of the provisions in

Section 2718 (that is, submitting medical loss ratio-related statistics to the Secretary,

publicly reporting this information, determining if rebates are owed, and paying out

rebates)?”

As discussed previously, an important consideration for ensuring that implementation of

the MLR provision does not create instability in coverage is the approach or

methodology for pooling costs and experience with respect to the provision of coverage.

This is a critical issue both with respect to the transition to 2014, and for the longer-term.

The essential issue is to arrive at an approach that ensures costs accounted for under the

MLR calculation match the actuarial considerations involved in pricing coverage. To do

otherwise is to break with well-established accounting principles that seek to match costs

with associated revenues. This could lead to volatile results if the costs pooled for

purposes of the MLR calculation reflect an artificial subset of the costs actually taken

into account in establishing actuarially sound rates. The following provides a summary

of our key recommendations to ensure that these principles are taken into account:

1. Approach for Calculating the MLR Ratio: Given that PPACA recognizes the

important interest in maintaining an effective system of state-based insurance

regulation, we support a state-based approach under which a loss ratio would be

calculated for each insurance holding company group in each of the three market

segments – large group, small group and individual. We also support making

appropriate actuarial or statistical adjustments where the scale of enrollment

being taken into account in the MLR calculation could create unintended

volatility that drives up the cost of coverage for consumers and reduces available

choices in the market.

In addition, the particular challenges of large employers should also be taken into

account. Large employers often have multiple work sites and employees in many

states. Reflective of this structure, carriers do not generally report MLR

information on a state-by-state basis. Consequently, requiring carriers to

calculate the MLR for large groups using the same precise rules as those for

individual and small group coverage could result in significantly higher

administrative costs at a time when carriers are being required to hold these

expenditures to a minimum9.

9 The issues to be addressed in considering the circumstances of large-group coverage have been recognized elsewhere. According to the economist James Robinson, "This obscure statistic [the MLR] is losing whatever meaning it once had."

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2. Creditability Adjustment: As noted, any solution to address these concerns

should ensure accurate distribution of administrative expenses and conform

calculation of the MLR with the accounting principle of matching costs to

associated premiums. It should also recognize the need to ensure appropriate

levels of statistical credibility as explained below.

Also critical to maintaining stability in coverage is to recognize that blocks of

individual and group policies may be credible for MLR calculation purposes, that

is, may have sufficient scale, at the national level but not at the state level, or they

may be credible in some states, and not credible, that is, may not have sufficient

scale, in others, or they may be credible within one reporting entity and not in

another affiliate.

One way to address this issue is to adopt a modified version of the credibility

adjustment table that is included in the NAIC Annual Medicare Supplement

Refund Calculation form adjusted for a non-Medicare Supplement population.

The new MLR standards must guard against the unintended effect of causing

volatility that results from normal variation in experience, and that could drive up

the cost of health insurance coverage for consumers and reduce their choices in

the marketplace. New regulations should build on the experience and lessons

learned from the calculations designed for the NAIC Medicare Supplement loss

ratio standards. However, the specific standard adopted for the commercial

health insurance market would need to be adjusted to factor in the diversity and

wider variation of claims costs experienced in comprehensive benefit plans for a

non-Medicare Supplement population.

The NAIC methodology addressed some of the claim variation by adopting a

credibility or tolerance adjustment to the MLR based on the number of

policyholders and the length of time they held their policies. Adjustments

decrease as the number of policyholder years increases.

If a credibility adjustment is not included in the MLR calculation, it will result in

unstable premium rates due to claims volatility, and the possibility of large

premium increases as the policy experience matures. In addition, claims

volatility could cause a health plan’s experience to fall below the MLRs minimum,

leading to the payment of rebates and generation of financial losses solely

because of volatility in experience (without any corresponding offsets in years

where the experience is above the MLR threshold due to the same volatility).

He notes one particular issue with the MLR as: "Efforts to compute the medical loss ratio for any one geographic region require the parent company to allocate central administrative expenses to particular regions. This is particularly problematic when some products, such as those for federal employees or large corporations, are marketed and managed at the national level." (Robinson, James. "Use and Abuse of the Medical Loss Ratio to Measure Health Plan Performance." Health Affairs, Volume 16, Number 4, p. 176-187.)

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This dynamic could create solvency issues for health plans, forcing plans to exit

the market or discouraging them from entering new states. Similarly, the ability

to offer new products would also be compromised unless a minimize size

threshold for MLR credibility purposes is devised. The overall impact of these

negative, unintended effects would be to leave consumers with less affordable

coverage options due to the lack of market competition, and to risk disrupting

coverage for existing policy holders.

2. “What are the pros and cons associated with using various possible geographic

level(s) of aggregation (e.g., State level, national, etc.) for medical loss ratio-related

statistics in these same contexts (i.e., submitting medical loss ratio-related statistics

to the Secretary, publicly reporting this information, determining if rebates are

owed, and paying out rebates)?”

See answer to C.1. above.

D. Data Submission and Public Reporting

1. “To what extent do States or other entities currently require annual submission of

actual medical loss ratio related statistics for the individual, small group, and large

group markets? How do these current requirements compare with the requirements

in PPACA?”

See Attachment B.

In addition, the NAIC requires health plans to report an ―Accident and Health Policy

Experience Exhibit‖ by April 1 of each year. This Exhibit does not divide experience

across the individual, small group, and large group markets.

2. “How soon after the end of the plan year do States and other entities typically

require issuers to submit the required MLR-related statistics? What are the pros

and cons associated with various timeframes?”

States have various due dates for MLR reporting. The NAIC requires MLR data to be

submitted by April 1 of each year.

The Medicare Supplement Refund calculations and reports are due by May 31 of each

year. This due date was developed with the intention that companies would use actual

premiums paid and claims paid after the year-end and potentially through the month of

April to develop a more precise year-end estimate of premium revenue and claims costs.

The approach utilized by the Medicare Supplement program would allow health plans

subject to Section 2718, especially small health plans for whom accuracy would be key,

time to more definitively calculate their collected premiums and paid claims.

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3. “What kinds of supporting documentation are necessary for interpreting these

kinds of statistics? What data elements and format are typically used for submitting

this information?”

Health plans should be required to maintain documentation regarding their MLR for a

time-period sufficient to allow for adequate look-back of compliance with Section 2718.

Current data elements are submitted in the context of the NAIC blanks. As noted in the

response to RFI Question B.3.b, those definitions will need to evolve to account for

unique PPACA elements.

4. “What methods do issuers use for purposes of submitting medical loss ratio-

related data to these entities (for example, electronic filing and paper filing)?”

Most States allow for the electronic filing, however some require paper filing, especially

in the health plan’s State of domicile. MLR data is typically filed with a State through the

NAIC’s System of Rate and Form Filing (―SERFF‖). When available, health plans

prefer to file electronically.

5. “To what extent is MLR-related information submitted to States or other entities

currently made available to the public, and how is it made available (for example,

level of aggregation, and mechanism for public reporting)? What are the pros and

cons associated with these various methods?”

Statutory financial statement information is contained in public reports such as the NAIC

Annual Statement blank and related supplements. The NAIC makes certain portions of

the Annual Statement available online. Each State has its own rules regarding public

access to annual statement filings, but all States make some portions of the annual

statement filings available in some format to the public.

6. “Are there any industry standards or best practices relating to submission,

interpretation, and communication of MLR-related statistics?”

Rate review filings that contain MLR-related statistics generally require certification by

a qualified actuary that the proposed rate is reasonable in light of the benefit package

offered to accompany the submission. The qualifications are generally related to

membership in a professional actuarial body that subjects its members to standards of

professional conduct, such as the American Academy of Actuaries and the Society of

Actuaries. In addition, the Actuarial Standards Board develops Actuarial Standards of

Practice specific to certain aspects of actuarial practice, including the review of MLR-

related statistics.

7. “What, if any, special considerations are needed for non-calendar year plans?”

Policies to cover individuals or groups are issued and renewed starting at various times

throughout the calendar year. Premiums often change on the renewal date. Where the

distribution of policy issue/renewal dates is evenly distributed or does not change from

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one calendar year to the next, which is generally the case for most health plans, the use

of calendar year data is a reasonable approximation of data for other 12 month periods.

This would also facilitate industry transparency because consumers would not be

required to continuously visit the Department of Health and Human Services’ website to

compare MLRs.

E. Rebates

1. “To what extent do States and other entities currently require MLR-related

rebates for the individual, small group, large group, and/or other insurance

markets, and how are these rebates calculated and distributed?”

See Attachment B.

Generally, we note that only six States require premium refunds, rebates, dividends or

credits when the health plan fails to meet certain MLR requirements. The methods by

which those six States calculate and distribute the rebates is varied.

The Medicare Supplement market has a refund requirement if plans do not meet certain

MLR requirements. Federal law requires that those refunds be calculated annually, for

each ―Plan‖ (standardized Medicare Supplement letter plan), ―Type‖ (separates

Individual from Group and normal Medicare Supplement from Medicare Select), and

State.10

In order to use credible experience, in many States several years’ experience

needs to be accumulated for most Plans, and indeed, greater pooling of Plans has been

considered. The refund formula uses each year’s new issues premium as a base for

projecting an expected MLR over the next period of years. This allows the development

of a weighted average ―benchmark‖ MLR to be determined. The company’s cumulative

MLR to date, adjusted to reflect less than full credibility, is compared to this benchmark.

If the MLR benchmark is higher, the difference in MLRs multiplied by the earned

premium is defined as the ―refund amount‖ This refund amount is subject to a de

minimus standard.

2. “How soon after the end of the plan year do States and other entities currently

require issuers to determine if rebates are owed?”

States have various timeframes for determining whether rebates are owed.

Under the Medicare Supplement program, health plans must report whether rebates are

owed by May 31 of each year and distributed, with interest, to policyholders by

September 30 of each year for the previous calendar year.

3. “What are the pros and cons of various timeframes and methodologies for

calculating rebates?”

10 42 U.S.C. § 1395ss(r).

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The Medicare Supplement program’s approach to determining and distributing owed

rebates has been in place for over 15 years and has provided adequate time for accurate

assessments of rebates that may be owed while protecting policyholders’ interests. We

recommend adoption of this program’s methodology when rebates are required.

4. “How do States and other entities currently determine which enrollees should

receive medical loss ratio-related rebates? What are the pros and cons associated

with these approaches?”

States generally require payment to the policyholder. This is important in the group

markets because of the large variation in the portion of premiums paid by employers and

employees. As the employer is typically the policyholder, the rebate should be provided

to the employer who can then allocate the rebate between itself and its employees

consistent with the percentage of premiums each pays. In the individual market, the

payment goes to the individual policyholder.

In the Medicare Supplement program, the refund is paid to policyholders in force at the

end of the calendar year for which the refund is calculated.

5. “What method(s) do States and other entities currently require issuers to use

when notifying enrollees if rebates are owed, and paying the rebates? What are the

pros and cons associated with these approaches?”

Health plans usually notify policyholders directly of rebates disbursed.

6. “Are there any important technical issues that may affect the processes for

determining if rebates are owed, and calculating the amount of rebates to be paid to

each enrollee?”

Health plans should utilize the range of methodologies for determining whether MLR

rebates are owed or the amount to be paid each enrollee, within guidelines established by

the NAIC and certified by the Secretary. This provides the needed flexibility for various

facts and circumstances. In addition, there should be a de-minimus exception to the

requirement to provide a rebate when the administrative costs of processing and

delivering the rebate exceeds the actual rebate amount.

G. Enforcement

1. “What method do States and other entities currently use in enforcing medical

loss-ratio-related requirements for the individual, small group, large group, and

other insurance markets (for example, oversight and audit requirements)? What

other methods could be used?”

Currently, State solvency oversight provides thorough regulatory oversight of the

operations of health insurers. As part of that oversight, health plans are required to file

a detailed financial report on a quarterly basis with their State regulator. In order to

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participate in the NAIC’s accreditation program, of which all States are participants, a

State must meet rigorous standards for statutory authority as well as for resources and

personnel training. States are reviewed not only for statutes and resources, but also to

ensure that the States are actually using the tools and resources available to them. The

NAIC’s accreditation program of state oversight, takes place periodically: every two

years for an interim accreditation review and every five years for a full accreditation

review. This system ensures that all States have the same rules that are being similarly

enforced.

Part of the State’s solvency oversight responsibility is to review the detailed financial

statements as they are filed. This involves the review of the company’s financial position

over time by comparing their current results to their historical results. Part of this

requires review of the MLR and the operating ratio from a solvency perspective. The

States require not only the NAIC-developed annual and quarterly statements, but also

State specific ones to ensure that State-specific requirements have been met.

Compliance with MLR requirements are reviewed at the time these reports are filed.

In addition, the health plan’s annual financial statement is subject to an external audit by

an accounting firm. This provides the States with comfort that allocations of key items

are being done in a fair and consistent manner. During the financial examination, State

regulators review the details behind the health plan’s various financial filings and will

determine independently of the annual and quarterly statements whether the health plan

met specific regulatory standards.

The accreditation program has been developed in great detail over many years, the latest

significant change of which has been the implementation of the Sarbanes–Oxley Act of

2002.11

It has worked well since its inception to ensure that States have appropriate

levels of oversight and appropriate ability to both find and correct marketplace financial

issues as they occur.

2. “What if any, penalties do these entities currently apply relating to

noncompliance with medical loss-ratio-related requirements? What, if any, related

appeals processes are currently available to issuers?”

States have a variety of tools available to enforce MLR requirements. If health plans fail

to meet the State’s requirements, such as filing requirements for enforcement and

oversight purposes or failure to make a required rebate payment, the State has a

significant number of tools at its disposal, including administrative orders demanding

compliance, imposition of fines, and, the ultimate sanction, placement of a health plan

into receivership. It is critical that any decision regarding appropriate enforcement

mechanisms be linked specifically to solvency oversight and responsibility. Fines and

penalties should be consistent with the level of noncompliance and should not be levied to

the point of placing an health plan into rehabilitation or receivership. The overarching

11 Pub. L. No. 107-204.

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regulatory goal should always be to ensure that a company is sufficiently solvent to be

able to meet its obligations to policyholders not only today but into the future.

Calculating rebates, paying rebates, and documenting the process will be extremely time

and resource intensive. It is important that there be clear guidance regarding who is

eligible for a rebate and how a fair sharing of the rebate total is to be determined. This

is especially the case in these early years of implementing these new requirements. It

also is important for an health plan to be provided appropriate due process rights to

appeal any preliminary decision by regulators regarding penalties.

H. Comments Regarding Economic Analysis, Paperwork Reduction Act, and

Regulatory Flexibility Act.

We encourage the Secretary to use the proposed rulemaking process instead of issuing

regulations in interim final form. There is sufficient time to allow for notice and

comment procedure, this process is vital and necessary to a successful implementation of

Section 2718, and the interests of the public are best served by allowing for transparency

and meaningful opportunity for public input. Consequently, the process for proposed

rulemaking should not be waived.

As reflected in the RFI, the implementation of the MLR involves many different factors

and variables. This is a very technical and complex area that has a significant impact on

consumers, employers, and ―health insurance health plans‖ for the group and individual

markets. As a result, it is critical that the public receive as much advance notice as

possible of the Secretary’s proposed rulemaking to establish and implement the process

and rules under which the MLRs will be calculated. This, in turn, will ensure that the

Secretary has sufficient time to fully digest and consider comments. If the less

deliberative interim final rulemaking with a comment period is utilized, then the

Secretary should include some time period endpoints so that there is review by the

relevant agencies of the filed comments and subsequent final rulemaking. Any interim

final rules should be considered a temporary gap measure toward final rulemaking and

not remain as interim final for any extended period of time.

Further, as discussed below, any rulemaking on the premium review process would be

subject to: (1) economic analysis as a ―significant regulatory action‖; (2) regulatory

flexibility analysis under the Regulatory Flexibility Act; (3) analysis under the

Paperwork Reduction Act to minimize information collection burdens; (4) analysis under

§ 202 of the Unfunded Mandates Reform Act of 1995 (―UMRA‖) to permit input from

state and local governments regarding significant unfunded expenditures by such

entities; and (5) analysis under Executive Order 13132 to adhere to fundamental

federalism principles. As a result, a thoughtful rulemaking process (as opposed to an

interim final rule) is important to meaningful review and comment from the public on

these particular regulatory procedural analyses.

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While it is unclear how the Secretary’s forthcoming rulemaking will address the factors

and variables laid out in the RFI, we believe these variables and factors alone confirm

that the forthcoming rulemaking will constitute a ―significant regulatory action‖ under

Executive Order 12866. The rulemaking would not be implemented in isolation but as

part of the larger implementation of health benefit reforms to the group and individual

insurance markets. As a consequence, it clearly would qualify as a ―significant

regulatory action‖ because such rule may have an annual effect on the economy of $100

million or more, may materially and adversely affect a sector of the economy, and/or may

materially and adversely affect public health. Indeed, the implementation of the health

care reforms under PPACA are analogous to the ―significant regulatory actions‖ to

implement Medicare Part D.12

As the rulemaking will qualify as a ―significant regulatory action,‖ it will be subject to

an economic review and analysis by the OMB Office of Information and Regulatory

Affairs (―OIRA‖). Specifically, as part of this review, the Secretary must provide OIRA

with a quantification of the anticipated benefits (to the extent possible), a cost-benefit

analysis of reasonable alternatives, and ―an explanation of why the planned regulatory

action is preferable to the identified potential alternatives‖.13

The rulemaking also would be subject to regulatory flexibility analysis under the

Regulatory Flexibility Act (―RFA‖). The RFA requires agencies to conduct regulatory

flexibility analysis when a regulatory action is likely to have a significant economic

impact on a substantial number of ―small entities‖. In particular, there are a significant

number of ―small organizations‖ that issue health benefit plans and may be significantly

impacted by any regulatory action on the premium review process. This conclusion is

supported by the Secretary’s regulatory flexibility analysis pertaining to the

implementation of Medicare Part D prescription drug plans. As a result, the Secretary

must conduct a regulatory flexibility analysis and this necessarily includes, but is not

limited to:

A description of and, where feasible, an estimate of

the number of small entities to which the proposed

rule will apply; . . .

A description of the projected reporting,

recordkeeping and other compliance requirements

of the proposed rule, including an estimate of the

classes of small entities which will be subject to the

12 See 70 Fed. Reg. 4194, 4454 (Jan. 28, 2005) (final rule implementing regulations for PDPs where CMS found the

rulemaking was a “significant regulatory” action”).

13 See Exec. Order 12,866.

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requirement and the type of professional skills

necessary for preparation of the report or record.14

Each initial regulatory flexibility analysis also must contain a description of any

significant alternatives to the proposed rule that both accomplish the stated objectives of

the applicable statute(s) and minimize any significant economic impact of the proposed

rule on small entities.15

Further, the Secretary should conduct analysis under the Paperwork Reduction Act

(―PRA‖) to both minimize the information collection burden imposed by any rulemakings

on the premium review process and ensure the greatest possible public benefit from and

maximize the utility of information created, collected, and maintained by the Federal

Government.16

When an agency seeks to impose an information collection process such

as through premium review process, the PRA specifies that the agency must conduct a

review under the PRA in advance of adopting the information collection process. If the

agency elects to adopt the information collection process through a proposed rulemaking

process (as we expect here), then the proposed rule must include, among other things:

(1) a brief description of the need for the information and the proposed use of the

information; and (2) an estimate of the burden that shall result from the collection of

information.17

Finally, the Secretary should conduct state and local impact analysis pursuant to URMA

and Executive Order 13132. Specifically, the Secretary should conduct a qualitative and

quantitative assessment of the anticipated costs and benefits of Federal mandate(s) that

may result in significant expenditures by state and local governments pursuant to the

Unfunded Mandates Reform Act of 1995.

14 5 U.S.C. § 603(b).

15 5 U.S.C. § 603(c).

16 See 44 U.S.C. § 3501.

17 44 U.S.C. § 3507(a)(1)(D).

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APPENDIX A.1

Institute of Medicine and AHRQ Quality Criteria

Institute of Medicine quality criteria

In its landmark publication, Crossing the Quality Chasm, the IOM stated that enhancing quality

in our health care system requires a focus on six core aims:

Safety: avoiding injuries to patients from the care that is intended to help them

Effective: providing services based on scientific knowledge to all who could benefit and

refraining from providing services to those not likely to benefit (avoiding underuse and

overuse, respectively)

Patient-centered: providing care that is respectful of and responsive to individual patient

preferences

Timely: reducing waits and sometimes harmful delays

Efficient: avoiding waste, including waste of equipment, supplies, ideas, and energy

Equitable: providing care that does not vary in quality because of personnel

characteristics

AHRQ quality criteria

AHRQ – which consistently refers to the IOM’s criteria1 – notes that there are similar facets to

health care quality. According to AHRQ’s consumer Guide to Health Care Quality, “quality

health care is:

Doing the right thing (getting the health care services you need).

At the right time (when you need them).

In the right way (using the appropriate test or procedure).

To achieve the best possible results.

Providing quality health care also means striking the right balance of services by:

Avoiding underuse (e.g., not screening a person for high blood pressure).

Avoiding overuse (e.g., performing tests that a patient doesn’t need).

Eliminating misuse (e.g., providing medications that may have dangerous interactions)”.

1 E.g., AHRQ, National Healthcare Quality Report 2009 available at www.ahrq.gov/qual/qrdr09.htm;

AHRQ, National Healthcare Disparities Report 2009 available at www.ahrq.gov/qual/qrdr09.htm; and Carolyn

Clancy, Director, AHRQ, Statement before the Subcommittee on Health Care, Committee on Finance, U.S. Senate,

March 18, 2009.

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APPENDIX A.2

Activities Referred to as Quality Activities in the Health Care Law

Many of the categories of activities listed on pages 10-11 have been referred to as quality

activities in the health care law. For example:

Section 2717 Activities. Section 1001 of PPACA, Amendment to Section 2717 of the PHSA,

“Ensuring the Quality of Care” lists a number of quality improvement activities which health

plans would have to report to the Secretary. These activities – which, as the title of Section

2717 indicates, would ensure quality of care – include:

o Quality reporting;

o Effective case management;

o Care coordination;

o Chronic disease management;

o Medication and care compliance initiatives;

o Patient-centered education and counseling, comprehensive discharge planning, post

discharge reinforcement by an appropriate health care professional, and other activities to

prevent hospital readmissions;

o Activities to improve patient safety and reduce medical errors through the appropriate use

of best clinical practices, evidence based medicine, and health information technology

under the plan or coverage; and

o Wellness and health promotion activities.

It is also important to note that this section’s language, when listing the activities, uses the

terms “such as” and “including”. These terms indicate that the activities listed are not

exclusive.

Value-Based Purchasing Initiatives, Such as Pay-For-Quality Initiatives. The programs

and activities under Title III, Subtitle A, Part I, “Linking Payment to Quality Outcomes

Under the Medicare Program” are, as the title suggests, aimed at improving quality

outcomes. They include quality reporting programs and providing financial incentives to

hospitals and physicians to deliver higher quality care to patients.

Patient-Centered Medical Home and Continuous Quality Improvement Activities, such as

Medication Management. The programs in Title III, Subtitle F, “Health Care Quality

Improvements”, are, as the title indicates, activities which improve health care quality. They

include establishing community health teams to support the patient-centered medical home

(Section 3502) and medication management services in the treatment of chronic disease

(Section 3503).

Activities Related to the Development and Maintenance of Provider Networks. The

language in Section 10327, “Improvements to the Physician Quality Reporting System”,

refers to Maintenance of Certification Programs – an activity related to the development and

maintenance of provider networks – as an activity that “advances quality and the lifelong

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learning and self-assessment of board certified specialty physicians by focusing on the

competencies of patient care, medical knowledge, practice-based learning, interpersonal and

communication skills and professionalism.”

Examples Which Demonstrate the Benefits of Health Plan/Issuer

Quality Improvement Activities to Patients

Plans and health plans have developed and implemented countless initiatives aimed at improving

health care quality and patient outcomes. Below are examples of how the activities listed on

pages 10 - 11 of this letter benefit consumers by improving health care quality and patient

outcomes.

Programs to Ensure Patient Safety. Health plans have developed e-prescribing programs to

improve patient safety by reducing the risk of errors due to illegible handwriting and a reduction

in adverse drug events. One plan reports that approximately 104,000 prescriptions had been

changed or cancelled as a result of e-prescribing messages that flagged possible safety issues.

Newly published research has demonstrated that this prevented an estimated 724 potential

adverse drug events (ADEs).

Investments in Health Information Technology. A health plan launched a state-wide infection

control program involving 22 acute care hospitals. The program uses sophisticated surveillance

technology to detect patterns and provide tools for infection prevention in hospitalized patients.

From fall of 2005 to summer 2008, there has been a 15 percent reduction in the rate of hospital

acquired infections.

Wellness and Prevention.

A health insurance plan’s tobacco cessation program provides tobacco users with web-based

and telephonic counseling services to help them quit. Health coaches/counselors are nurses,

health behavioral specialists, and other health professionals who go through a rigorous

training program and receive continuing education. In addition to counseling, participants

have access to other materials as well as over-the-counter nicotine patches or nicotine gum at

no extra cost. Almost 4,000 tobacco users access the program every year, and after 6 months,

86% of those who quit are still tobacco free, while 12% show reduced use.

A health plan provides a health coaching program that enables participants to receive

personalized, tailored counseling and coaching services to reduce their risks and improve

their health. Participants who have chronic conditions work with a personal nurse, while

participants who wish to improve their lifestyles work with certified health educators. Over

52% of participants remain smoke-free after 6 months; over 57% of participants lost weight

and of those participants who have a body mass index of >30 and therefore are classified as

obese, 29% lost more than 5% of their body weight; and 47% of participants improved and

can better manage back pain.

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A health plan recently developed a program to promote immunizations. Interactive Voice

Response (IVR) systems telephone parents with the lists of vaccines that their children need

to receive to be up-to-date on current recommendations. Strategies such as developing and

providing resources for vaccine providers (physicians, nurses and clinicians) and health

insurance plan members have resulted in increased (increases of approximately 10-15% )

health measure performance that fall within national health objectives goals of childhood,

adolescent and adult immunization over a two-year timeframe.

Care Coordination and Disease Management.

To address avoidable hospital readmissions among members with heart failure, a health plan

enhanced its disease management program in 2007 by doing additional outreach to members

discharged from hospitals with heart failure, chronic obstructive pulmonary disease, coronary

artery disease and asthma. The program’s approach included conducting post-discharge

follow-up calls, arranging in-person visits to review medications, encouraging patients to

participate in a health tracking program where patients work with a multidisciplinary team of

professionals including nurse health coaches, behavioral health case managers and

pharmacists, and conducting in-home monitoring. From 2007-2008, hospital admissions

related to heart failure dropped by: (1) 37% for members with commercial HMO coverage;

and (2) 45% for Medicare Advantage members.

Community asthma educators at a health plan work with primary care providers to

implement comprehensive asthma management in provider offices leading to 42 percent

decrease in members with asthma using the ER for asthma-related treatment and a 31 percent

decrease in asthma-related hospitalizations. Additionally, asthma health coaches, who are

referred by a PCP, work one-on-one with members to achieve self management and

empowerment. Overall, the plan has achieved a 58 percent decrease for asthma related

hospitalizations and 44 percent decrease in medical costs for members who have specifically

worked with the plan’s health coaches.

To increase life expectancies for members who have had heart attacks, nurse case managers

at a health plan contact heart attack patients within seven days of their hospital discharge to

verify that beta-blocker medications were prescribed. The health plan also offers ongoing

case management to help heart attack patients develop care plans, access services such as

smoking cessation and rehabilitation programs, and live healthy lifestyles. From 2004 to

2006, 100% of members who had heart attacks received beta-blockers, a treatment based on

an evidence-based clinical guideline, within seven days of their hospital discharge.

Value-Based Purchasing Initiatives, Such as Pay-for-Quality Initiatives. A plan developed a

primary care physician incentive program which offers incentives for achieving quality goals and

provides physicians with the data and tools they need to reach these goals. The program uses

adult process and outcome measures, including chronic care measures for hypertension (blood

pressure values), cardiovascular (LDL-C and blood pressure values), and diabetes (Hemoglobin

A1c, LDL-C and blood pressure values). It also uses pediatric process and outcomes measures,

including well child and well teen visits and weight control. The program has seen positive

results. For example, well adolescent visits improved from 56% in 2000 to 76% in 2007, and

diabetic HbA1c tests improved from 85% in 2000 to 93% in 2007.

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5

Consumer Education Programs, Including Programs to Address Health Care Disparities.

A health plan created a faith-based wellness program to improve the quality of life of African

American women through education and healthy living. African Americans’ incidence of

diabetes is more than twice that of Caucasian Americans, and the incidence rate of heart

disease and stroke is 30 percent higher than for non-minorities. The program collaborated

with churches and community organizations to focus on nutrition education, exercise, water

intake, and medication compliance, which resulted in positive health improvements among

women with diabetes. Findings of the program resulted in a nearly 20 percent drop in

triglycerides; a 22 percent decrease in LDL cholesterol; a 17 percent reduction in fasting

blood sugar; and a 4.6 percent weight reduction (3 percent for women with type 1 diabetes)

among participants. The women also reported high satisfaction, and on average reported a 73

percent improvement in pain and 81 percent improvement in mobility and flexibility.

Using multiple provider and member intervention strategies, a Medicaid health plan

addressed low preventive screening rates among African American men resulting in an

increase, from 7 percent to 19.4 percent, in preventive exams and recommended testing. The

health plan worked with targeted provider offices in high-disparity geographic areas to

educate practitioners on US preventive service guidelines and proper claims coding to

monitor outcomes. Male outreach reminder calls, personalized health messages and disease

management brochures to encourage preventive screenings and health visits were also

provided to members. Specific testing rates increased from 17.4 percent to 41.8 percent for

prostate cancer screening in men age 40 and over; 15.9 percent to 49.5 percent for

cholesterol, and 8.6 percent to 19.7 percent for colorectal cancer screenings among African

American men 50 and over.

Continuous Quality Improvement Activities, Such as Medication Therapy Management

(MTM). Members in a health plan who received MTM services at six ambulatory care clinics

received substantial benefits, as compared with similar patients who did not receive services.

Approximately 640 drug therapy problems were resolved among almost 300 patients, and the

percentage of patients who achieved therapy goals increased from 76% to 90% during one year

of MTM services.

Patient-Centered Medical Homes. Many health plans are establishing medical home initiatives

to improve primary care for patients and physicians. One health plan initiative, among other

things, built new information systems that enabled electronic health records and registries to

track care for patients with chronic conditions; increased the range of services that primary care

practices provide; offered additional support for patients with chronic conditions; focused on

providing patients who have been hospitalized with a smooth post-discharge transitions;

provided on-site support for nursing home patients; and provided medical home practices with

bonus payments for meeting quality and efficiency goals. Among patients at the medical home

sites from 2006-2008: (1) the number of hospital readmissions fell by 20 percent; and (2) the

number of hospital admissions fell by 18 percent.

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© America‘s Health Insurance Plans May 2010

Appendix B

State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations (as of May 12, 2010)

Background: Medical loss ratios (MLRs) for comprehensive, major

medical health insurance products have been employed for diverse purposes by a broad range of users, including insurance companies,

managed care companies, legislators, regulators, investors, lenders,

and consumer advocates.

Some of the uses include the evaluation of an organization‘s

performance by management and investors, providing consumers

with information on the relative quality of competing health plans,

projecting future earnings growth of health maintenance

organizations (HMOs), and testing products against minimum loss ratio standards.

Loss ratios have also been proposed as a method to compare and

evaluate insurers and managed care organizations in a variety of

ways. Proposed uses include health insurance illustration requirements, accounting standards, consumer quality measures,

and solvency regulation.1

Federal Health Care Reform: In 2010, President Obama signed into

law the Patient Protection and Affordable Care Act, followed the

Health Care and Education Reconciliation Act of 2010. The bills (as

1 Excerpted from ―Loss Ratios and Health Coverages,‖ Loss Ratio Work

Group, American Academy of Actuaries, November 1998.

enacted) amend the Public Health Service Act to require medical loss

ratios of 85 percent for large group products and 80 percent for small group and individual products, effective January 1, 2011. The bill

requires health insurance issuers failing to meet the requirement to

provide rebates to policyholders, and permits the Secretary of Health and Human Services (in coordination with the National Association of

Insurance Commissioners) to adopt standard definitions for

calculating claims costs and non-claims costs.

NAIC model: In 1980, the National Association of Insurance

Commissioners (NAIC) adopted the Guidelines for Filing of Rates for

Individual Health Insurance Forms (Guidelines). The Guidelines establish loss ratios as a standard for determining whether benefits

under individual medical expense policies are reasonable in relation to

premiums. Generally, the Guidelines use the following minimum loss

ratios for new forms for purposes of deeming that premiums are reasonable for the indicated type of policy:

optionally renewable (renewal is at the option of the

insurance company) - 60%; conditionally renewable (renewal can be declined by class,

by geographic area, or for stated reasons other than

deterioration of health) - 55%; guaranteed renewable (renewal cannot be declined by the

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 2 May 2010

insurance company for any reason, but the company can

revise rates on a class basis) - 55%; and non-cancelable (renewal cannot be declined and rates cannot

be revised by the insurance company) - 50%.

There are no similar NAIC Guidelines for small group products.

Reporting Requirements: Section 1(B) of the NAIC Guidelines

requires that each rate submission include an actuarial memorandum

describing the ―anticipated loss ratio‖ for that rate and the method by

which it was calculated.

Section 1(C) of the NAIC Guidelines requires that each time a rate

revision for a previously approved policy, rider or endorsement

form is filed, the loss ratio be submitted with a history of the

experience under the current rate.

Approaches: Thirty-four states (AZ, AR, CA, CO, CT, DE, FL, GA,

IA, KS, KY, ME, MD, MA, MI, MN, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, SC, SD, TN, UT, VT, VA, WA, and WV) establish

MLR guidelines, require the filing or reporting of loss ratio

information with state regulators, or impose limitations on administrative expenses for comprehensive, major medical insurance.

MLR requirements in the Individual Market: Ten states (AZ, DE, IA,

KS, MA, NC, SC, TN, UT, and VA) have adopted the NAIC Guidelines for use in their respective individual markets.

MI, NH and SD have adopted loss ratio structures that are very

similar to the NAIC Guidelines.

Thirteen states impose specific MLR requirements for products

sold in the individual market: PA imposes an initial 50 percent MLR and a 60 percent

renewal MLR;

ND requires a 55 percent MLR; MD mandates a 60 percent MLR;

WV mandates an initial 60 percent MLR, but requires 65

percent for requested rate increases;

CO, KY, and ME require a 65 percent MLR;

CA and VT mandate a 70 percent MLR;

MN establishes a general 72 percent MLR, with a reduction to 68 percent for companies assessed less than 3 percent of the

total annual assessment by the state‘s high-risk pool;

WA establishes a general 74 percent MLR, with an increase up to 77 percent for organizations with a declination rate in

the individual market of more than 8 percent;

NM permits the Division of Insurance to set minimum MLR

requirements, but establishes a floor of 75 percent beneath which the requirement may not go;

NY requires a 75 percent MLR; and

NJ establishes an 80 percent MLR.

MLR requirements in the Group Market2: Two states (AZ and UT)

implemented the NAIC Guidelines for their entire group markets.

DE extends the NAIC Guidelines for its small group market

for employers with 24 or fewer employees.

MI and NH adopted a loss ratio structure that is similar to the

NAIC Guidelines for its small group market.

Nine states (CO, KY, ME, MD, MN, NJ, NY, OK, and WV)

impose mandatory MLR on small employer products sold in their

respective states that range from 60 to 82 percent.

Three states (FL, ND, and SD) set minimum MLRs, ranging from

65 to 75 percent, across their entire group markets.

CO also imposes an 75percent MLR for products sold in the

state‘s large group market.

NM imposes an 85 percent MLR for products sold in the state‘s

large and small group markets.

Other Approaches: Rather than establishing a minimum MLR

requirement, laws in four states (CA, NJ, OH, and TN) require either

2 Unless otherwise noted, references to the small group market here conform

to standards included in the Health Insurance Portability and Accountability

Act (HIPAA) defining small groups as groups having between two and fifty

eligible employees. For details regarding state-specific small group size,

please see the entry included in this chart for the applicable state.

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 3 May 2010

HMOs or certain types of insurance companies to limit administrative

expenses to a specified percentage of premiums.

Two states set loss ratio requirements by type of organization –

NJ health service corporations must meet a 75 percent MLR and

NC HMOs must meet MLRs that range from 55 to 75 percent

based on type of product.

Four states mandate specific MLRs by type of product -- AR

(point-of-service and minimum basic benefit plans), CA (mass-

marketed policies), CT (special health care plans for small

groups), and SD (short-term medical).

Filing and Reporting Requirements: Fourteen states (CO, DE, FL,

ME, MD, MN, NH, NJ, NY, OR, UT, VA, WA, and WV) generally

require the submission of loss ratio data with rate filings.

AR, CT, and GA require the filing of loss ratio guarantees for the

individual market, while OR requires such a filing for both its

individual and group markets.

Six states (IA, KS, KY, MA, PA and TN) mandate the submission

of an actuarial certification of the loss ratio with any rate filings in

the individual market. CA and MI impose a similar requirement for its individual

and group markets.

KY requires an actuarial certification of the MLR for rate filings in the small group market.

Some states (AR, CT, GA, NJ, OR, and WA) have specific filing

or reporting requirements for certain products or entities that

mandate the disclosure of MLR data without imposing an accompanying specific loss ratio requirement.

Premium Refunds, Dividends or Credits: MLR laws in seven states –

ME, NJ, NM, NY, NC, SC and WV – require carriers to issue a dividend, credit or refund to policyholders for failure to comply with the

requirements.

In WA, failure to comply with the requirements results in a

required remittance by the carrier to the Washington State High Risk Pool.

NH requires requested rate increases to be offset against any

levels by which the prior rate failed to meet required loss ratio.

2010 state activity: To date, two states have adopted new MLR

requirements in 2010 for comprehensive, major medical coverage:

NH has adopted loss ratio requirements similar to the NAIC

model based on product renewability, but has incorporated higher

MLR thresholds.

NM implemented loss ratio requirements of 85 percent (large and

small group) and 75 percent (individual).

Chart: This chart contains detailed information on the NAIC

guidelines and the thirty-two (34) state MLR or administrative cost

requirements for comprehensive, major-medical type coverage offered in the individual and group markets. If the statute or regulation

establishing the requirement also contains definitions of either MLR or

administrative costs, those are also shown. The document also

provides information on specific state filing and reporting requirements for MLRs or administrative costs, where applicable.

This chart does not include state mandatory minimum MLR

requirements for long-term care, Medicare supplement and/or

disability income insurance. For state MLR laws for these supplemental health products, please see the companion document

to this chart – State Mandatory Medical Loss Ratios (MLRs) for

Long-Term Care, Medicare Supplement, and Disability Income Insurance: Summary of State Laws and Regulations.

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 4 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

“Patient Protection

and Affordable

Care Act” (Sec.

2718 of the Public

Health Service Act)

Enacted 2010

Effective 01/01/2011

Health insurers

Beginning not later than January 1, 2011, a health insurance

issuer offering group or individual health insurance coverage

(including a grandfathered health plan) shall, with respect to

each plan year, provide an annual rebate to each enrollee

under such coverage, on a pro rata basis, if the ratio of the

amount of premium revenue expended by the issuer on costs

described in paragraphs (1) and (2) of subsection (a) to the

total amount of premium revenue (excluding Federal and State taxes and licensing or regulatory fees and after

accounting for payments or receipts for risk adjustment, risk

corridors, and reinsurance under sections 1341, 1342, and

1343 of the Patient Protection and Affordable Care Act) for

the plan year (except as provided in subparagraph (B)(ii)), is

less than—

with respect to a health insurance issuer offering

coverage in the large group market, 85 percent, or such

higher percentage as a State may by regulation

determine; or

with respect to a health insurance issuer offering

coverage in the small group market or in the individual market, 80 percent, or such higher percentage as a State

may by regulation determine, except that the Secretary

may adjust such percentage with respect to a State if the

Secretary determines that the application of such 80

Directs the Secretary of the Department of Health

and Human Services, in consultation with the

National Association of Insurance Commissioners,

to establish uniform definitions.

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 5 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

percent may destabilize the individual market in such

State. 3

3 § 1304(b)(2) of the Patient Protection and Affordable Care Act defines ―small employer” to mean an employer who employed an average of at least one but not

more than one hundred employees on business days during the preceding calendar year and who employs at least one employee on the first day of the plan year.

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 6 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

NAIC

Guidelines for Filing

of Rates for

Individual Health

Insurance Forms

(Model 134)

Adopted 1980

Individual

Establishes the following anticipated loss ratios as ―safe

harbors‖ for new policies for determining the

reasonableness of benefits in relation to premiums:

optionally renewable (renewal is at the option of the

insurer) – 60%;

conditionally renewable (renewal can be declined by

class, by geographic area, or for stated reasons other

than deterioration of health) - 55%;

guaranteed renewable (renewal cannot be declined by

the insurer for any reason, but the insurer can revise

rates on a class basis) - 55%; and

non-cancelable (renewal cannot be declined and rates

cannot be revised by the insurer) - 50%.

Requires each initial rate submission to include an

actuarial memorandum describing the anticipated loss

ratio and the method used to calculate the loss ratio.

Requires the submission of loss ratio information, including a history of the experience under the current

rate, with any rate revision request for a previously

approved policy, rider or endorsement.

Anticipated loss ratio means the present value of

the expected benefits to the present value of the

expected premiums over the entire period for which

rates are computed to provide coverage.

The NAIC annual statement blank defines loss ratio

as ―a measure of the relationship between accident

and health (A & H) claims and premiums.‖

Arizona

Ariz. Admin. Code

R20-6-604; and R20-

6-607

Enacted 1981

Individual and

group

Follows the NAIC Model for policies with annual

premiums of at least $200.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100 and

subtract 10% from allowable MLRs.

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of

calculation.

Actual loss ratio means incurred claims divided by

earned premiums at rates in use.

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 7 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

Arkansas

Ark. Code Ann. §23-

98-102; §23-98-110;

and Regulation 52

Enacted 1991, 1991,

and 1992

Minimum basic

benefit policies

Establishes MLRs of no less than:

65% for individual policies and group policies issued

to qualified trusts; and

75% for all other group policies.

Prohibits rates from being approved without a statement

certifying the reasonableness of benefits in relation to

premiums.

“Loss ratio” means the percentage derived by

dividing incurred claims, both reported and not

reported, by total premiums earned.

Arkansas

Ark. Code Ann. §23-

79- 110

Enacted 1991

Amended 2001

Individual

No specific MLR requirement.

Requires rate filings to contain a loss ratio guarantee in

order for the benefits of the policy to be deemed reasonable

in relation to premiums.

“Loss ratio” means the ratio of incurred claims to

earned premium by number of years of policy

duration, for all combined durations.

Arkansas

Ark. Code Ann. §23-

86- 404

Enacted 1999

HMOs

Establishes an MLR of no less than 80% for point of service

(POS) plans.

No definitions.

California

Cal. Health & Safety

Code §1378 and Cal.

Code Regs. Tit. 28,

§1300.78

Enacted 1976

HMOs (health care

service plans)

No specific MLR requirement.

Prohibits excessive administrative costs and considers them

reasonable if they do not exceed 25% during the

development phase or 15% in all other circumstances.

Administrative costs include:

salaries, bonuses, and benefits paid or incurred

with respect to the officers, directors, partners,

trustees, or other principal management of the

plan;

the cost of soliciting and enrolling subscribers

and enrollees;

the cost of receiving, processing, and paying claims, excluding the actual amount paid on

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 8 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

such claims;

legal and accounting fees and expenses;

the premium on the fidelity and surety bonds,

and any statutorily required insurance,

excluding medical liability insurance;

all costs associated with the establishment and

maintenance of provider agreements and the

cost of reviewing utilization of health care

services on a referral basis; and

the direct or pro rata portion of all expenses

incurred in the operation of the plan which are

not essential to the provision of health care

services, including but not limited to office

supplies and equipment, clerical services,

interest expense, insurance, dues and

subscriptions, licenses (other than licenses for

medical facilities, equipment or personnel),

utilities, telephone, travel, rent, repairs and

maintenance, depreciation of facilities and

equipment, and charitable or other contributions.

California

Cal. Code Regs. Tit.

10, §2222.10 to

§2222.12, and

§2222.19

Enacted 1961

Amended 2006

Individual and

mass-marketed

policies

Establishes a 70% MLR.

Requires that a company shall, by April 1st of each year,

submit a statement from a qualified actuary certifying the

loss ratio for each policy the company provides.

“Premiums earned” and “losses incurred” shall

be developed by a method consistent with that

method used for developing such items in Schedule

H of the life and accident and health annual

statement blank, unless otherwise specifically

indicated.

“Lifetime anticipated loss ratio” means the ratio of

(i) divided (ii), where (i) is equal to the sum of the

accumulated value of past incurred claims since the inception of the policy and the present value of

future anticipated claims, and (ii) is the sum of the

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 9 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

accumulated value of past earned premiums and the

present value of future anticipated premiums

earnings.

"Disease management expenses" means expenses

incurred by an insurer for services administered to

patients in order to improve their overall health and

to prevent clinical exacerbations and complications

utilizing cost-effective, evidence-based guidelines and patient self-management strategies.

Colorado

Colo. Rev. Stat. §10-

16-102; §10-16-107,

as amended by H.B.

1389 (2008); and 3

Colo. Regs. §702-4

Enacted 1992

Amended 2008

Individual and

group

Uses benefit ratio guidelines when considering rates.

Targeted loss ratios below these guidelines shall be

actuarially justified:

65% for individual;

70% for small group (1 to 50); and

75% for large group.

On or before June 1 of each year, a carrier doing business in

this state shall submit to the commissioner, where

applicable, specified cost information by category.

―Benefits ratio” means the ratio of the value of the

actual benefits, not including dividends, to the

value of the actual premiums, not reduced by

dividends, over the entire period for which rates are

computed to provide coverage.

“Targeted loss ratio” means the ratio of the

expected policy benefits over the entire future

period for which the proposed rates are expected to

provide coverage to the expected earned premium over the same period.

“Administrative ratio” means, for purposes of this

regulation, the ratio of actual total administrative

expenses, not including dividends, to the value of

the actual earned premiums, not reduced by

dividends, over the specified period, which is

typically a calendar year.

Connecticut

Conn. Agencies Regs §38a-478u-5 and

Managed care

organizations (MCOs)

No specific MLR requirement.

On or before May 1st of each year, requires each insurer to

“Medical loss ratio” is defined as the percentage of

the total premium revenues spent on medical care compared to administrative costs and plan

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State Mandatory Medical Loss Ratio (MLR) Requirements for Comprehensive, Major Medical Coverage:

Summary of State Laws and Regulations

©America‘s Health Insurance Plans 10 May 2010

State

Applicability

MLR Guidelines & Reporting Requirements

Relevant Definitions

Conn. Gen. Stat.

§38a-478c and §38a-

478g

Enacted 1996, 1997,

and 1997

submit, among other things, information necessary for the

commissioner to assess plans, including loss ratios.

marketing.

Connecticut Conn. Gen. Stat.

§38a- 481

Enacted 1990

Individual

No specific MLR requirement.

As an alternative to standard rate filings, a premium rate

shall be deemed approved upon filing if it is accompanied

by a loss ratio guarantee in writing, signed by an officer of

the insurer, and containing specified elements. If the loss

ratio is not met, a rebate or credit is required.

“Medical loss ratio” means the ratio of incurred

claims to earned premiums by the number of years of policy duration for all combined durations.

Connecticut

Conn. Gen. Stat.

§38a-570

Enacted 1990

Amended 20084

Small group –

special health care

plans

Establishes an 80 percent MLR for special health care plans

issued through the Health Reinsurance Association (HRA) to

small employers (defined as employers with 10 or fewer

eligible employees with the majority of the eligible

employees low-income workers).

No definitions.

Delaware

Code Del. Regs. 18

1300, 1305

Enacted 1991

Individual and

small groups of 24

or fewer persons

Follows the NAIC Model.

Requires each individual policy or plan to have its loss ratio

filed with the commissioner‘s office. Requires rate revisions

to be accompanied by expected and actual loss ratios for the

current rate, as well as the expected loss ratios underlying

the proposed change.

No definitions.

4 Connecticut S.B. 310 (2008) amended the requirements for the state‘s small group special health care plans, including the repeal of the 75 percent MLR

imposed under §38a-565 for special health care plans issued by carriers in the small group market.

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Relevant Definitions

Florida

Fla. Stat. chs.

627.410, 62 7.411

and 627.6561

Enacted 1988, 1988,

and 1992

Amended 2003

Individual and

group

Establishes a 65% MLR.

Requires loss ratios to be filed with initial policy filing as

well as renewals.

“Loss ratio” means incurred claims to earned

premium.

“Claims” include scheduled benefit payments or

services provided by a provider or through a

provider network for dental, vision, disability, and

similar health benefits.

Claims do not include state assessments, taxes, company expenses, or any expense incurred by

the company for the cost of adjusting and

settling a claim, including the review,

qualification, oversight, management, or

monitoring of a claim or incentives or

compensation to providers for other than the

provisions of health care services.

Companies can include in claims costs items

that are demonstrated to reduce claims, such as

fraud intervention programs or case

management costs, which are identified in each filing, are demonstrated to reduce claims costs,

and do not result in increasing the experience

period loss ratio by more than 5%.

Georgia

Ga. Code Ann. §33-

29-1 9

Enacted 1992

Amended 1993

Individual

No specific MLR requirement.

Establishes procedures for filing of optional loss ratio

guarantee.

“Loss ratio” means the rate of incurred claims to

earned premiums.

Iowa

Individual

Follows the NAIC Model for policies with annual premiums

No definitions.

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Iowa Admin. Code

§§191-36.9(2) and

191-36.10(514D)

Enacted 1981

Amended 1998

of at least $200.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100

subtract 10% from allowable MLRs.

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of calculation.

Kansas

Kan. Admin. Regs.

40-4-1

Enacted 1981

Amended 2003

Individual

Follows the NAIC Model for policies with annual premiums

of at least $200.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100

subtract 10% from allowable MLRs.

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of calculation.

“Loss ratio” means a measure of the relationship

between A&H claims and premiums.

Kentucky Ky. Rev. Stat. Ann.

§304.17A-095 and

806 Ky. Admin. Regs.

17:150

Enacted 1996

Amended 2005 and

2007

Individual and small group health

benefit plans

Establishes the following MLRs:

65% for individual;

70% for small group (2–10); and

75% for small group (11–50).5

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of calculation.

“Loss ratio” means the ratio of the sums of incurred losses and the change in policy reserves

divided by the premiums.

5 New policies without credible experience have to meet no less than a minimum of 60% of the required loss ratios specified in three months, and by six months

must meet the guaranteed minimum loss ratio of the policy (806 Ky. Admin. R. § 8(2)(a).

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Maine

Me. Rev. Stat. Ann.

Tit. 24-A , §2736-C

Enacted 1993

Amended 2005

Code Me. R. 02-031

Ch. 940

Enacted 2000

Amended 2006

Code Me. R. 02-031

Ch. 945

Enacted 2005

Amended 2009

Individual Establishes a 65% MLR.

Health insurers and HMO are required to submit an annual

report supplement providing details of premiums earned and

costs expended by category.

“Loss ratio” means the ratio of incurred claims to

earned premiums for a given period, as determined

in accordance with accepted actuarial principles and

practices. For the purposes of this calculation,

incurred claims do not include any claim

adjustment expenses or cost containment expenses

except that any savings offset payments must be

treated as incurred claims.

Maine

Me. Rev. Stat. Ann. Tit. 24-A, §2808-B

Enacted 1991

Amended 2008

Code Me. R. 02-031

Ch. 940

Enacted 2000

Amended 2006

Code Me. R. 02-031

Ch. 945

Small group

Establishes a 75% MLR.

Carriers may opt to file for purely informational purposes with a guaranteed loss ratio requirement. In

this situation, a refund to policyholders must be issued

for failure to meet a 78% loss ratio over a 36-month

period. The refund must be distributed in an amount

reasonably calculated to correspond to the aggregate

experience of all policyholders having similar benefits.

Health insurers and HMO are required to submit an annual

report supplement providing details of premiums earned and

costs expended by category.

“Loss ratio” means the ratio of incurred claims to

earned premiums for a given period, as determined in accordance with accepted actuarial principles

and practices. For the purposes of this calculation,

incurred claims do not include any claim

adjustment expenses or cost containment expenses

except that any savings offset payments must be

treated as incurred claims.

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Enacted 2005

Amended 2009

Maryland

Md. Code Ann. Ins.

§15- 605

Enacted 1997

Amended 2005

Individual and

small group

Permits the commissioner to require filing of new rates if

loss ratios are less than:

60% for individual; and

75% for small group.

Requires that new and annual submissions contain the

anticipated and actual loss ratios.

“Loss ratio” means the ratio of incurred claims to

premiums earned.

Massachusetts

Mass. Regs. Code tit.

211, §42.04, §42.06

Enacted 2003

Individual

Follows the NAIC Model.

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of calculation.

“Anticipated loss ratio” means the present value of

the expected future benefits divided by the present

value of expected future premiums, using a

reasonable interest rate and assumptions as to the

distribution of the policy.

Michigan Mich. Admin. Code

r.500.802, 500.803

Enacted 1974

Individual

Establishes the following MLRs:

collectively renewable - 60%;

optionally renewable - 60%;

guaranteed renewable - 55%; and

non-cancelable - 50%.

Requires that each rate submission include an actuarial

certification of the loss ratio and the method of calculation.

“Anticipated loss ratio” means the ratio of the present value of expected future benefits to the

present value of future premiums.

Minnesota

Individual and

Establishes the following MLRs:

No definitions by statute or regulation.

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Minn. Stat. §62A. 021

and §62L. 08

Enacted 1992

Amended 2006

small group 72% for individual; and

82% for small group.

Sets different ratios for companies assessed less than

3% of the total annual amount assessed by the state‘s

high risk pool as follows:

68% for individual;

71% for small groups with less than 10 employees;

and

75% all other small groups.

For companies assessed less than ten percent of the total

annual amount assessed by the Minnesota Comprehensive

Health Association, the loss ratio shall be 60 percent for

both individual and small group health plans.

All filings of rates and rating schedules are required to

demonstrate that actual claims to actual premiums comply

with MLR requirements.

Filings for rate revisions should show that the loss ratio for

the entire time for which the rate is computed meets the

requirements.

A Minnesota Department of Commerce report6

defines loss ratio as the ratio of incurred claims to

earned premiums.

The report defines incurred claims as the paid-

on- incurred claims for the year, plus a reserve

for claims incurred but not yet paid, plus the

change in any other reserves held, plus the

expenses incurred during the year for the following items, where expenses for a

functional area should include allocated costs

such as data processing equipment, office

space, management, overhead, etc.

New Hampshire

New Hamp. Code

Admin. R. § 4102

Adopted 2010

Effective 04/09/2010

Expense based

individual health

insurance policies,

riders, or

endorsement forms,

except long term

care insurance,

For new policies, requires submissions to include

anticipated loss ratio, including a description of how it was

calculated and anticipated durational loss ratio assumptions

when applicable. For rate revisions, requires filings to

include the anticipated future loss ratio and a description of

how it was calculated, along with the anticipated loss ratio

that combines past and future experience, and a description

―Anticipated durational loss ratio” means the ratio

of the expected benefits to the expected premiums

calculated for a specific policy year.

―Anticipated loss ratio” means the ratio of the

present value of the expected benefits to the present

value of the expected premiums calculated over the

6 Minnesota Department of Commerce, Report of 2008 Loss Ratio Experience in the Individual and Small Employer Health Plan Markets for: Insurance

Companies, Nonprofit Health Service Plan Corporations and Health Maintenance Organizations (June 2009).

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Medicare

supplement

insurance, credit

insurance, or

disability income

insurance.

of how it was calculated.

With respect to new forms that are neither low average

premium forms nor high average premium forms, benefits

shall be deemed reasonable provided that the anticipated

loss ratio is at least as great as:

Seventy-five percent for optionally renewable, medical

expense coverage;

Seventy percent for conditionally renewable medical expense coverage;

Sixty-five percent for guaranteed renewable medical

expense coverage;

Sixty-five percent for non-cancelable medical expense

coverage;

With respect to low average premium forms, benefits shall

be deemed reasonable if the anticipated loss ratio is at least

as great as the appropriate loss ratio above multipled by the

ratio of (1) the sum of I times 500 plus the expected

average annual premum for the policy form over I times 750; and (2) an anticipated loss ratio of not less than fifty

percent.

With respect to high average premium forms, benefits shall

be deemed reasonable provided that the anticipated loss

ratio is at least as great as either the appropriate loss ratio

from above plus five percentage points or the appropriate

loss ratio from above multiplied by the ratio of (1) the sum

of I times 4000 and the expected average annual premium

for the policy form over I times 5500, and (2) an anticipated

loss ratio of not more than eighty-five percent.

For rate revisions, if the policy forms constitute an open

black that is still being actively marketed, benefits shall be

deemed reasonable provided the revised rates meet the

lesser of 20 years or the lifetime of the policy.

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following standards derived from the previously approved

rate filing for the form or forms:

The anticipated loss ratio over the entire future period

for which the revised rates are computed to provide

coverage shall be at least as great as the anticipated loss

ratio calculated over the entire future period using the

durational loss ratios from the previously approved rate

filing; and

The anticipated loss ratio shall be at least as great as the anticipated loss ratio from the previously approved

filing where the anticipated loss ratio shall be computed

by dividing (a) the sum of the accumulated benefits

from the original effective date of the form to the

effective date of the revision, and the present value of

future benefits, and (b) the sum of the accumulated

premiums from the original effective date of the form

to the effective date of the revision, and the present

value of future premiums.

New Hampshire New Hamp. Code

Admin. R. § 4103

Adopted 2010

Effective 04/09/2010

Small employer group health

insurance (1 to 50)

With respect to forms that are neither low average premium forms nor high average premium forms, benefits shall be

deemed reasonable in relation to the proposed premiums

provided the anticipated loss ratio is at least as great as

eighty percent.

With respect to low average premium forms, benefits shall

be deemed reasonable in relation to the premiums provided

the anticipated loss ratio is at least as great as the

appropriate loss ratio from above multiplied by the ratio of

(1) the sum of I times 500 plus the expected average annual

premium for the policy form over I times 750, and (2) an

anticipated loss ratio of not less than fifty percent.

With respect to high average premium forms, benefits shall

―Anticipated durational loss ratio” means the ratio of the expected benefits to the expected premiums

calculated for a specific policy year.

―Anticipated loss ratio” means the ratio of the

present value of the expected benefits to the present

value of the expected premiums calculated over the

lesser of 20 years or the lifetime of the policy.

―Carrier” means any entity that provides health

insurance in this state, including insurance

companies, health service corporations, health

maintenance organizations, fraternal benefit societies, and other benefits subject to state

insurance regulation.

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be deemed reasonable in relation to the premiums provided

the anticipated loss ratio is at least as great as either the

appropriate loss ratio plus five percentage points or the

appropriate loss ratio multiplied by the ratio of (1) the sum

of I times 4000 and the expected average annual premium

for the policy form over I times 5500, and (2) an anticipated

loss ratio of not more than 85 percent.

Rate increases based on experience or trend shall be offset to the extent that loss ratios in previous years have fallen short

of the minimum loss ratio.

―Small employer” means any person, firm,

corporation, partnership or group of affiliated

companies eligible to file a combined tax return

and that is actively engaged in business that, on at

least fifty percent of the working days during the

preceding calendar year, employed at least one

employee and no more than fifty employees, the

majority of whom are employed within this state.

New Hampshire

New Hamp. Code

Admin. R. § 4104

Adopted 2010

Effective 04/09/2010

Large employer

group health

insurance

Requires supporting documentation for rate filings to

included paid loss ratio for each previous calendar year.

For new policy forms that are neither low average premium

forms nor high average premium forms, benefits shall be

deemed reasonable provided the anticipated loss ratio is at

least as great as eighty percent.

With respect to low average premium forms, benefits shall be deemed reasonable provided the anticipated loss ratio is

at least as great as the appropriate loss ration multiplied by

the ratio of (1) the sum of I times 500 plus the expected

average annual premium for the policy form over I times

750, and (2) an anticipated loss ratio not less than fifty

percent.

With respect to high average premium forms, benefits shall

be deemed reasonable in relation to premiums provided that

the anticipated loss ratio is at least as great as either the

appropriate loss ratio plus five percentage points or the appropriate loss ratio multiplied by the ratio of (1) the sum

of I times 4000 and the expected average annual premium

―Anticipated durational loss ratio” means the ratio

of the expected benefits to the expected premiums

calculated for a specific policy year.

―Anticipated loss ratio” means the ratio of the

present value of the expected benefits to the present

value of the expected premiums calculated over the

lesser of 20 years or the lifetime of the policy.

―Large employer” means any person, firm,

corporation, or partnership that is actively engaged

in business that, on at least fifty percent of working

days during the prceding calendar year, employs at

least 51 employees who are eligible for employer

sponsored coverage, and the majority of whom are

employed within this state.

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for the policy form over I times 5000, and (2) an anticipated

loss ratio of not more than 85 percent.

New Jersey

N.J. Stat. Ann.

§17B:27A-25 and

§17B:27A-9

Enacted 1992 Amended 2008

N.J. Admin. Code

11:20-7.4 and 11:21-

7A.2

Individual and

small group

(standard and non-

standard policies)

Establishes an 80% MLR.

A dividend or credit towards future premiums for all

policyholders must be issued for failure to comply.

Requires carriers to annually report by August 1st of each

year, the calculated loss ratio for the previous year.

No definitions.

New Mexico

TBD (HB 2010-

0012)

Enacted 2010

Effective TBD

(ninety days after

adjournment)

Health insurance

For group health insurance:

Requires insurers to make reimbursement for direct

services at a level not less than eighty-five percent of premiums across all health product lines.

For individually underwritten health care policies, plans or

contracts:

Directs the superintendent to establish the level of

reimbursement for direct services as a percent of

premiums.

In setting the level, requires the superintendent to

consider costs associtated with individual marketing

and medical underwriting of policies at a level not less

than seventy-five percent of premiums.

Insurers failing to comply with the reimbursement

―Direct services‖ means services rendered to an

individual by a health insurer or a health care

practitioner, facility or other provider, including

case management, disease management, health education and promotion, preventive services,

quality incentive payments to providers and any

portion of assessment that covers services rather

than administration and for which an insurer does

not receive a tax credit pursuant to the Medical

Insurance Pool Act or the Health Insurance

Alliance Act. provided, however, that ‗direct

services‘ does not include care coordination,

utilization review or management, or any other

activity designed to manage utilization or services.

―Health insurer” means a person duly authorized to

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requirements shall issue a dividend or credit against future

premiums in an amount sufficient to assure that the benefits

paid during the preceding three calendar years plus the

amount of dividends or credits are equal to the required

direct services reimbursement.

transact the business of health insurance but does

not include a person that only issues a limited-

benefit policy intended to supplement major

medical coverage, including Medicare supplement,

vision, dental, disease-specific, accident-only or

hospital indemnity-only insurance policies, or that

only issues policies for long-term care or disability

income.

―Premium” means all income received from

individuals and private and public payers or sources

for the procurement of health coverage, including

capitated payments, self-funded administrative fees,

self-funded claim reimbursements, recoveries from

third parties or other insurers and interests less any

premium tax paid and fees assicated with

participating in a health insurance exchange that

serves as a clearinghouse for insurance.

New Mexico

TBD (HB 2010-0012)

Enacted 03/09/2010

Effective TBD

(ninety days after

adjournment)

Small group

Directs insurers to make reimbursement for direct services

at a level not less than eighty-five percent of premiums across all health product lines over the preceding three

calendar years as determined by reports filed with the

insurance division.

Insurers failing to comply with the eighty-five percent

reimbursement requirement shall issuea dividend or credit

against future premiums to all policyholders in an amount

sufficient to assure that the benefits paid in the preceding

three calendar years plus the amount of dividends or credits

equal eighty-five percent of premiums collected in the

preceding three calendar years.

―Direct services‖ means services rendered to an

individual by a health insurer or a health care practitioner, facility or other provider, including

case management, disease management, health

education and promotion, preventive services,

quality incentive payments to providers and any

portion of assessment that covers services rather

than administration and for which an insurer does

not receive a tax credit pursuant to the Medical

Insurance Pool Act or the Health Insurance

Alliance Act. Provided, however, that ‗direct

services‘ does not include care coordination,

utilization review or management or any other activity designed to manage utilization or services.

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―Health insurer” means a person duly authorized to

transact the business of health insurance but does

not include a person that only issues a limited-

benefit policy intended to supplement major

medical coverage, including Medicare supplement,

vision, dental, disease-specific, accident-only or

hospital indemnity-only insurance policies, or that

only issues policies for long-term care or disability

income.

―Premium‖ means all income received from

individuals and private and public payers or sources

for the procurement of health coverage, including

capitated payments, self-funded administrative fees,

self-funded claim reimbursements, recoveries from

third parties or other insurers and interests less any

premium tax paid and fees associated with

participating in a health insurance exchange that

serves as a clearinghouse for insurance.

“Small employer” means any person, firm, corporation, partnership or association actively

engaged in business who, on at least fifty percent of

its working days during either of the two preceding

years, employed no less than two and no more than

fifty eligible employees, provided that (1) in

determining the number of eligible employees, the

spouse or dependent of an employee may, at the

employer‘s discretion, be counted as a separate

employee, (2) companies that are affiliated or that

are eligible to file a combined tax return shall be

considered one employer, and (3) in the case of an employer that was not in existence throughout a

preceding calendar year, the determination of

whether the employer is a small or large employer

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shall be based on the average number of employees

that it is reasonably expected to employ on working

days in the current calendar year (N.M. Stat. §59A-

23C-3).

New Mexico

TBD (HB 2010-

0012)

Enacted 03/09/2010

Effective TBD

(ninety days after

adjournment)

Health maintenance

organizations and

nonprofit health

care plans

An HMO or health care plan shall make reimbursement for

direct services at a level not less than eighty-five percent of

premiums across all health product lines, except individually

underwritten. Reimbursement shall be made for direct services provided over the preceding three calendar years,

but not earlier than calendar year 2010.

For individuall underwritten health care policies, plans or

contracts, the superintendent shall establish the level for

direct services as a percent of premiums. In establishing the

level, the superintendent shall consider the costs associated

with the individual marketing, and medical underwriting, of

these policies, plans or contracts at a level not less than

seventy-five percent of premiums.

An HMO or health care plan that fails to comply with the reimbursement requirements shall issue a credit or dividend

against future premiums to all policy or contract holders in

an amount sufficient to assure that the benefits paid in the

preceding three calendar years plus the amount of the

dividends or credits are equal to the require direct services

reimbursement level.

―Direct Services” means services rendered to an

individual by an HMO or a health care practitioner,

facility or other provider, including case

management, disease management, health education and promotion, preventive services,

quality incentive payments to providers and any

portion of an assessment that covers services rather

than administration and for which an insurer does

receive a tax credit pursuant to the Medical

Insurance Pool Act or the Health Insurance

Alliance Act; provided, however, that ‗direct

services‘ does not include care coordination,

utilization review or management, or any other

activity designed to manage utilization or services.

―Health maintenance organization” means any person who undertakes to provide or arrange for the

delivery of basic health care services to enrollees on

a prepaid basis, except for enrollee responsibility

for copayments or deductibles, but does not include

a person that only issues a limited-benefit policy or

contact intended to supplement major medical

coverage, including Medicare supplement, vision,

dental, disease-specific, accident-only or hospital-

indemnity only insurance policies, or that only

issues policies for long-term care or disability

income.

―Health care plan” means a nonprofit corporation

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authorized by the superintendent to provide or

arrange for the delivery of basic health care services

to enrollees on a prepaid basis, except for enrollee

responsibility for copayments or deductibles, but

does not include a person that only issues a limited-

benefit policy or contact intended to supplement

major medical coverage, including Medicare

supplement, vision, dental, disease-specific,

accident-only or hospital-indemnity only insurance policies, or that only issues policies for long-term

care or disability income.

―Premium” means all income received from

individuals and private and public payers or sources

for the procurement of health coverage, including

capitated payments, self-funded administrative fees,

self-funded claim reimbursements, recoveries from

third parties or other insurers and interest less any

premium tax paid and fees associated with

participating in a health insurance exchange that

serves as a clearinghouse for insurance.

New York

N.Y. Ins. Law §3231

Enacted 1992

Amended 2006

Individual and

small group

Establishes a 75% MLR.

Requires a dividend or credit towards future premiums for

all policyholders to be issued for failure to comply. The

credit is required to be prorated based on the direct premium

earned for the year among all policy holders eligible to

receive a dividend or credit. For former policyholders,

carriers are required to make a reasonable effort to identify

the location of the policyholder and issue the dividend or

credit. If the former policyholder cannot be located, the

carrier has the option of prospectively adjusting premium rates by the amount of the dividends or credits, issuing the

amount to existing policyholders, depositing the amount in

No definitions.

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the fund for standardized individual enrollee direct payment

contracts, or utilizing any other method which offsets the

amount of the dividends or credits.

Requires carriers to annually report the calculated loss ratio

for the previous year.

New York

N.Y. Ins. Law §4308

Enacted 1995

Amended 2009

Non-profit medical

and dental indemnity, or health

and hospital service

corporations (2 to

50)

Requires corporations to return in the form of aggregate

benefits incurred for each contract the following amounts:

80% for individual direct payment contracts; or

75% for small group

Requires carriers failing to comply with the minimum loss

ratio to issue a dividend or credit against future premiums

sufficient to ensure that the aggregate benefits in the

previous year plus the amount of dividends or credits equals

the required loss ratio. The credit is required to be prorated

based on the direct premium earned for the year among all

policy holders eligible to receive a dividend or credit. For

former policyholders, carriers are required to make a reasonable effort to identify the location of the policyholder

and issue the dividend or credit. If the former policyholder

cannot be located, the carrier has the option of prospectively

adjusting premium rates by the amount of the dividends or

credits, issuing the amount to existing policyholders,

depositing the amount in the fund for standardized

individual enrollee direct payment contracts, or utilizing any

other method which offsets the amount of the dividends or

credits.

No definitions.

North Carolina

N.C. Admin. Code r. 11.16.0201 and

Individual

Follows the NAIC Model.

A premium refund, premium decrease or other actuarial

“Loss ratio” means the percentage of premium that

is expected to be used to pay losses. It is calculated by subtracting the expense loss ratio from the

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11.16.0401

Enacted 1992 and

1994

Amended 2006 and

1994

action must be taken for failure to comply. number one.

“Expense loss ratio” means the ratio of the

insurer's operating expenses for a class of business

and plan of insurance to its earned premium for that

class of business and plan of insurance.

“Operating expenses” include:

commissions;

other acquisitions;

general administration;

taxes, licenses, and fees; and

profit and contingency margin.

North Carolina

N.C. Admin. Code r.

11.16.0607

Enacted 1995

HMOs

Establishes MLRs as follows:

75% for full-service products issued on a group basis;

65% for single-service products issued on a group

basis;

65% for full-service products issued on an individual

basis; and

55% for single-service products issued on an individual

basis.

No definitions.

North Dakota

N.D. Cent. Code

§26.1- 36-3 7.2

Enacted 1993

Amended 2007

Individual and

group

Establishes MLRs of no less than:

55% for individual policies; and

70% for group policies.

“Loss ratio” means incurred claims divided by

earned premiums.

Ohio

Individual and

Prohibits administrative expenses in excess of 20% of

“Administrative expense” means the amount

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Ohio Rev. Code

Ann.§3923.022 and

§3923.333

Enacted 1992 and

1997

group premium received. resulting from the following:

the amount of premiums received minus the

sum of the amount of claims for losses paid;

the amount of losses incurred but not reported;

the amount paid for state fees, federal and state

taxes, and reinsurance; and

the costs and expenses related, either directly

or indirectly, to the payment of commissions,

measures to control fraud, and managed care.

“Administrative expenses” does not include any

amounts collected, or administrative expenses

incurred, by an insurer for the administration of an

employee health benefit plan subject to regulation

by ERISA.

Ohio

Ohio Rev. Code

Ann.§3941.14

Enacted 1953

Mutual insurance

companies

Subsequent to the first calendar year after organization,

prohibits the expense of management of any domestic

mutual company from exceeding in any one calendar year

40% of its premium income in such year.

No definitions.

Oklahoma

Okla. Stat. tit 36,

§6515

Enacted 1992

Amended 1998

Small group (1 to

50)

Establishes a 60% MLR.

No definitions.

Oregon

Or. Admin. R. 836-

053- 1400

Individual and

small group

No specific MLR requirement.

Requires an annual submission stating the MLR for that year.

“Medical loss ratio” means the total cost of

medical claims divided by the total premiums

earned.

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Enacted 2006

Amended 2007

“Total amount of costs for claims” means incurred

claims as reported by the carrier on the exhibit of

premiums, enrollment and utilization in its annual

statement. If the annual statement blank used by a

carrier does not include an exhibit of premiums,

enrollment and utilization, the carrier shall derive

the answer from its records, using the instructions

for the exhibit of premiums, enrollment and

utilization for reporting the information.

“Total amount of premiums” means earned

premium as reported by the carrier on the exhibit of

premiums, enrollment and utilization in its annual

statement. If the annual statement blank used by a

carrier does not include an exhibit of premiums,

enrollment and utilization, the carrier shall derive

the answer from its records, using the instructions

for the exhibit of premiums, enrollment and

utilization for reporting the information.

Pennsylvania 31 Pa. Admin. Code

§89.83

Enacted 1975

Individual

With regard to rates for policies which are initially filed for approval, finds unacceptable anticipated loss

ratios which are lower than the following:

industrial policies7 - 45%; and

all other policies - 50%.

With regard to rate revision, requires the use of the

following minimum loss ratios:

industrial policies - 50%; and

all other policies - 60%.

No definitions.

7 Industrial policies are low cost and low value policies that were sold and delivered, with premium collected (usually weekly or monthly) by the agent. These

types of policies do not currently exist in the marketplace.

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Requires both new filings and rate revisions to include

actuarial certification of loss ratio.

South Carolina

S.C. Code Ann. §38-

71-310(E)

Enacted 1976

Amended 2001

Individual

Follows the NAIC Model.

A premium refund of $5.00 or more must be issued to

all South Carolina policyholders for failure to comply

with guaranteed loss ratio (if applicable).

Loss ratio guarantee requires filing of anticipated loss ratio. The guaranteed loss ratio must be equivalent to, or greater

than, the most recent loss ratios detailed in the NAIC

―Guidelines for Filing of Rates for Individual Health

Insurance Forms‖.

Also requires that the company conduct and independent

audit at their own expense to verify the loss ratio for the

year in question.

“Loss ratio” means the ratio of incurred losses to

earned premium by number of years of policy

duration, for all combined durations.

South Dakota

S.D. Codified Laws §58- 17-64 and S.D.

Admin. R.

20:06:22:02

Enacted 1994 and

1990

Amended 1997

Individual

Creates a statutory loss ratio requirement of 65%, while

allowing the Director of the Division of Insurance to promulgate rules that modify the requirement based on the

specific design of the product.

Modifies statutory loss ratio by regulation as follows:

For policies with annual premiums of $250 or

greater:

o optionally renewable - 70%;

o conditionally renewable - 65%;

o guaranteed renewable - 65%; and

o non-cancellable - 60%.

For policies with annual premiums between $150 and

$250 subtract 5% from allowable MLRs.

For policies with annual premiums less than $150

No definitions.

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subtract 10% from allowable MLRs.

South Dakota

S.D. Admin. R.

20:06:22:02

Enacted 1990

Amended 1997

Short-term medical

Establishes a 60% MLR.

No definitions.

South Dakota

S.D. Codified Laws

§58-18-63, §58-38-3

6, and §58- 40-33

Enacted 1994

Group

Establishes a 75% MLR.

No definitions.

Tennessee

Tenn. Code Ann.

§56-2 7-114

Enacted 1945

Medical service

corporations

Limits acquisition and administrative expenses to 25% of

total net premium income.

“Administrative expenses” include all expenditures

except payments for subscribers‘ claims.

Requires claim service expense to be included

in administrative expense.

Tennessee

Tenn. Comp. R. &

Regs. tit. 0780, ch. 1-

20- 06(1)

Enacted 1974

Amended 1980

Individual

Follows the NAIC Model for policies with annual premiums

of at least $200.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100

subtract 10% from allowable MLRs.

Requires each rate submission and request for rate revision

to include an actuarial certification of the loss ratio.

No definitions.

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Utah

Utah Admin. Code

R590- 85-5(1)(a) and

R590-85-4

Enacted 2003

Amended 2007

Individual and

group

Follows the NAIC Model for policies with annual premiums

of at least $200.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100

subtract 10% from allowable MLRs.

Requires all rate filings for new policies to include the anticipated loss ratio and all requests for rate revisions shall

include the incurred loss ratio, cumulative loss ratio, and

anticipated loss ratio for the revised rate.

No definitions.

Vermont

Vt. Stat. Ann. tit. 8,

§4080b

Enacted 1991

Amended 2005

Individual

Establishes a 70% MLR.

“Anticipated loss ratio” means a comparison of

earned premiums to losses incurred plus a factor for

industry trend where the methodology for

calculating trend shall be determined by the

commissioner by rule.

Virginia

14 Va. Admin. Code

§5-130-40 and §5-

130-60

Enacted 1981

Individual

Follows the NAIC Model for policies with annual premiums

of at least $200 but less than $1000.

For policies with annual premiums between $100 and

$200 subtract 5% from allowable MLRs.

For policies with annual premiums less than $100

subtract 10% from allowable MLRs.

For policies with annual premiums of $1000 or more add

5% to the allowable MLRs.

Rate submissions shall include the anticipated loss ratio and

a description of the method by which it was calculated.

“Anticipated loss ratio” is the present value of

future benefits to the present value of the future

premiums of a policy over the entire period for

which rates are computed to find coverage.

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Washington

Wash. Rev. Code

§48.20.025;

§48.44.017; and

§48.46.062

Enacted 2003, 2001,

and 2001 Amended 2008

Individual health

benefit plans, health

care service

contractors, and

HMOs

Requires insurers to file supporting documentation of its

rate-making methodology, including, actuarial certification

that the rate charged can be reasonably expected to result in

a loss ratio of 74%, minus the premium tax rate applicable

to the insurer's individual health benefit plans.

If the actual loss ratio for the preceding calendar year is less

than the applicable loss ratio amount listed below, insurers are required to provide remittance to the Washington State

High Risk Pool. For this purpose, the loss ratios are as

follows:

74% MLR when the declination rate is under 6%;

75% MLR when the declination rate is more than

6% but less than 7%;

76% MLR when the declination rate is 7% or more

but less than 8%; and

77% MLR when the declination rate is 8% or more

"Declination rate" for an insurer means the

percentage of the total number of applicants for

individual health benefit plans in the aggregate in

the applicable year which are not accepted for

enrollment based on the results of the standard

health questionnaire administered pursuant to state

law.

"Loss ratio" means incurred claims expense as a

percentage of earned premiums.

Washington Wash. Admin. Code §

284-60-050

Enacted 1983

Individual disability (health)

8

Benefits shall be deemed reasonable in relation to premiums if the overall loss ratio is at least sixty percent over a

calculating period chosen by the insurer and satisfactory to

the commissioner.

No definitions.

Washington Wash. Admin. Code

§§284-43-910, §284-

Individual, small

group, and group

No specific MLR requirement.

Requires rate submissions required to include statement of

“Anticipated loss ratio” means the projected

incurred claims divided by the project earned

premium.

8 Note that Washington statutory law defines disability insurance broadly to include insurance against bodily injury, disablement, or death by accident, against

disablement resulting from sickness, and every insurance related insurance, including stop loss insurance (Wash. Rev. Code § 48.11.030). Separate loss ratio

requirements exist for ‗health benefit plans‘, which are defined more restrictively to exclude supplemental products.

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43-945 and §284-43-

950

Enacted 1998

Amended 2005

anticipated or experienced loss ratio.

“Loss ratio” means incurred claims as a division of

earned premiums before any deductions.

Washington

Wash. Admin. Code §

284-60-060

Enacted 1983

Group disability

(health)

Group disability (health) insurance, other than specified

disease, as to which the insureds pay all or substantially all

of the premium shall generate loss ratios no lower that the following (based on the number of certificate holders at

issue, renewal or rating):

Nine or less—60%;

Ten to twenty-four—65%;

Twenty-five to forty-nine—70%

Fifty to ninety-nine—75%

One-hundred or more—80%.

No definitions.

West Virginia

W. Va. Code, §33-

6C-1, §33-6C-2; §33-6C-5; §33-15-1a;

§33-24-4; §33-25-6;

§33-25A-24; §33-

25D-26; and W. Va.

Code St. R. §114-31-

3.1

Enacted 1991, 1991,

1991, 1993,1957,

1964, 1977, 1999 and

1992 Amended 1993,

1993, 1991, 1995,

Individual

Establishes a 60% MLR. To be eligible to make a premium

rate increase request, any insurer offering or which has in

force accident and sickness insurance policies shall have a minimum anticipated loss ratio of sixty-five percent.

Initial filing of loss ratio guarantee shall include target

lifetime loss ratio and a statement of expected loss ratio.

Filings for rate revision shall include cumulative loss ratio

and expected lifetime loss ratio.

Failure to meet loss ratio requirements results in a refund to

be calculated by multiplying the anticipated loss ratio by the

applicable premium during the experience period and subtracting from that result the actual incurred claims during

the experience period.

“Loss ratio” means the ratio of incurred claims to

earned premium.

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2006, 2003, 2005,

and 2003

West Virginia

W. Va. Code §33-

16D-5 and §33-16D-

16

Enacted 1991 and 2004

Amended 1997 and

2004

Small group

Establishes MLRs as follows:

77% for uninsured health benefit plans9; and

73% for all other small group plans

No definitions.

9 Section 33-16D-16 establishes requirements for a voluntary program under which health insurance carriers in the small group market provide coverage to small

employers who have not had health insurance coverage for the previous 12 months. Among other things, this program requires employers to contribute 50

percent of the employee‘s premium and exempts the coverage from state premium tax obligations.