100 YEARS SELF INSURANCE - California Department INSURANCE LYN ASIO BOOZ, CHIEF ... SECURITY...
Transcript of 100 YEARS SELF INSURANCE - California Department INSURANCE LYN ASIO BOOZ, CHIEF ... SECURITY...
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100 YEARS OFSELF‐INSURANCE
LYN ASIO BOOZ, CHIEF
916 ‐464 ‐7000
First self‐insurance certificate holders:◦ Pacific Electric Railway Company
◦ Peninsular Railway Company
◦ Silver, Burdett and Ginn, Inc.
◦ Fresno Traction Company
◦ Stockton Electric Railroad Company
◦ Pacific Lumber Company **
◦ Limoneira Company
◦ Standard Oil Company
◦ Pacific Gas and Electric
◦ Hexcel Corporation
◦ Southern California Edison Company
◦ H.G. Lacey Company
◦ Llewellyn Iron Works
◦ Baker Iron Works
◦ Weed Lumber Company
◦ American Steel & Wire Company
◦ Sierra & S.F. Power Company
◦ American Can Company **
◦ Great Western Power Company
◦ Mountain Copper Co., LTD
◦ Iron Mountain Railway Company
◦ Butters Divisadero Company
◦ General Electric Company
◦ Alaska Packers Association
◦ Goodrich Rubber Tire, The B.F.
◦ San Diego Electric Railway Company
◦ San Diego & Coronado Ferry Company
◦ Pajaro Valley Cons. R.R. Co.
◦ Spreckels Sugar Company
◦ J.D. & A.B. Spreckels Securities Co.
SELF‐INSURANCE IN CALIFORNIA ‐ 1918
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PUBLIC ENTITIES:◦ County
◦ City
◦ City and County
◦ Municipal Corporation
◦ Public District
◦ Public Agency
◦ Any political subdivision of the State, including JPA
PUBLIC ENTITY SELF‐INSURANCE IN CALIFORNIA
1994 ‐Authorization for groups to be self‐insured
1995 –
Open rating = low rates
2002 –
Formation of first Group –
Auto Dealers Compensation of California
2017 ‐
24 Active Self‐Insured Groups
GROUP SELF‐INSURANCE
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SELF‐INSURANCE IN CALIFORNIA AS OF 2016
4.4 Million CA Workers Protected (2015: 4.25 M)4,443,175
$224.5 Billion of Payroll (2015: $212.8 BB)$224,495,511,294
266,030 Total Open Claims (2015: 272,375)
Employees◦ Private: 2.38 Million Employees
◦ Public: 2.07 Million Employees
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
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Payroll◦ Private: $100.4 BB
◦ Public: $124.1 BB
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
Reserves◦ Private: 4.9 BB
◦ Public: 8 BB
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
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Open claims◦ Private: 85,563
◦ Public: 180,467
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
Average Reserves per Claim◦ Private: $57,114
◦ Public: $44,140
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
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Injury rate◦ Private: 3.3 %
◦ Public: 5.6%
PRIVATE v. PUBLICSELF‐INSURED EMPLOYERS
Employees◦ All Private: 2,374,484
◦ Individual: 2,072,474
◦ Groups: 302,010
INDIVIDUAL v. GROUPPRIVATE SELF‐INSURERS
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Payroll◦ All Private: $100.4 BB ($100,367,144,457)
◦ Individual: $95 BB ($95,079,628,413)
◦ Groups: $5,3 BB ($5,287,516,044)
INDIVIDUAL v. GROUPPRIVATE SELF‐INSURERS
Estimated Future Liabilities◦ All Private: $4.9 BB ($4,886,865,298)
◦ Individual: $4.7 BB ($4,720,936,939)
◦ Groups: $166 Million ($165,928,359)
INDIVIDUAL v. GROUPPRIVATE SELF‐INSURERS
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Open Claims◦ All Private: 85,563
◦ Individual: 80,308
◦ Groups: 5,255
INDIVIDUAL v. GROUPPRIVATE SELF‐INSURERS
Average Reserves per Open Claim◦ All Private: $57,114
◦ Individual: $58,785
◦ Groups: $31,575
INDIVIDUAL v. GROUPPRIVATE SELF‐INSURERS
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TREND – PRIVATE EMPLOYERS• 2014: 3.49%
• 2015: 3.35%
• 2016: 3.30%Injury Rate
• 2014: 93,850
• 2015: 90,382
• 2016: 85,563
Open indemnity claims
• 2014: $5.45BB
• 2015: $5.20 BB
• 2016: $4.89 BBReserves
TREND – PUBLIC EMPLOYERS• 2013/2014: 4.80%
• 2014/2015: 5.77%
• 2015/2016: 5.60%Injury Rate
• 2013/2014: 178,788
• 2014/2015: 181,993
• 2015/2016: 180,467
Open indemnity claims
• 2013/2014: $7.65 BB
• 2014/2015: $7.84 BB
• 2015/2016: $7.97 BBReserves
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NEW PRIVATE SELF‐INSURERS
PROGRAM INTEGRITY
Strict Underwriting CriteriaCredit RatingFinancial Statements for the past 3 years Loss History or Actuarial Study for the past 3 yearsOrganizational Chart
Financial Evaluation and AuditsAnnually
Credit Risk Monitoring/StandardsAll year round
Strict Collateral Requirements100% posting
Checks and BalancesDual Monitoring (OSIP & SISF)Office and field Claims Audits Independent ActuariesActuarial Level I & II Peer reviews
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APPLICATION PROCESS –PRIVATE SELF‐INSURED EMPLOYERSMASTER CERTIFICATE HOLDER
Credit Rating
Financial Statements (past 3 years)
Loss History or actuarial study
ASP Participation Determination
21‐Day Application Approval
APPLICATION PROCESS –PRIVATE SELF‐INSURED EMPLOYERS
SUBSIDIARIES/AFFILIATES
•Interim Certificate – incomplete applications
•Permanent Certificate of Consent to Self‐Insure issued upon– completion of application
– submission of all required documents and application fee
•Master Certificate holder must demonstrate:– Continuing financial capacity
– Ability to guarantee the payment of any compensation due
– Subsidiary or affiliate being added does not represent more than 50% of the annual payroll of existing self‐insured
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SECURITY DEPOSITPRIVATE SELF‐INSURERS
•Initial deposit– 60% of the one‐year average incurred liability based on the prior 3 years’ incurred liability, OR
– Higher amount approved by the Director
•Security deposit form:– Surety bond
– Letter of credit
– Approved securities
– Cash/CD
– Combination
ASP PARTICIPATION
•Credit‐based: “A” or “B” rating– Moody’s Investor Service
– S&P
– Fitch Ratings
– Equivalent Ratings
•Full Participation– No security deposit with OSIP
– Payment of Assessments to Self‐Insurers’ Security Fund
•Partial Participation– Partial security deposit with OSIP
– Payment of Assessments to Self‐Insurers’ Security Fund
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EFL/Actuarially determined deposit = $1M
Excluded Employers:o Post full amount of deposit with OSIP
o + Assessment with SISF of $3,300
Partially Participating Employers, 50% participationo Post $500,000 with OSIP
o SISF collateralizes $500,000
o + Assessment of $11,939.50 with SISF
Fully Participating Employers:
o SISF collateralizes $1M
o Assessment of anywhere from $1,350 (very good credit rating) to $13,088 (lower end of credit rating with full participation in the ASP)
ASP PARTICIPATIONSAMPLE CASE
SELF‐INSURED EMPLOYER’S OBLIGATIONS
Submission of current, certified, independently audited financial statement
Submission of Annual Report
Submission of Actuarial Study and Summary
Maintenance of security deposit
Submit to routine claim audits by the OSIP Audit Team
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SECURITY DEPOSIT CALCULATION
ACTUARIAL METHOD
ALTERNATIVE METHOD
ESTABLISHED BY THE CHIEF
ACTUARIAL METHOD
Qualified, independent actuarial studyo Reserves set by Claims Administrator
o Loss History
o Undiscounted actuarial central estimate including:o IBNR
o ALAE
o ULAE
o Case reserves (gross and net of excess)
No requirement to file an actuarial study or summary if either:◦ 10 files or fewer claims, or
◦ Less than $1M of total EFL
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Estimated Future Liabilities from Annual Report
X
1.85 or higher
ALTERNATIVE METHOD
ESTABLISHED BY THE CHIEF
•CCR Section 15209(a)(1) – lack of actuarial study or summary– Financial and loss information available
•CCR Section 15210.1(d) – good cause including, but not limited to:– Pattern of understated EFL in an audit
– Failure to report all claims
– Poor administration of claims or payments of benefits due injured workers found in audits
– Lack of an effective safety and health program
– Impairment of financial condition
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CHECKS AND BALANCES
TPA Sets EFL
Actuarial Report uses EFL to determine
OSIPField Claims Audits
Verify EFLActuarial Peer Audit
FIELD CLAIMS AUDIT
TYPES OF AUDIT:
Routine3‐year cycle (active and revoked)
Private self‐insured employers and groups
Revocation
Special
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ROUTINE:2‐PHASE AUDIT PROCESS
PRIVATE SELF‐INSURED EMPLOYERS AND
SELF‐INSURED GROUPS
FREE HIGH PERFORMING SELF‐INSURED EMPLOYERS FROM FREQUENT AUDITS
STEP 1Annual review of all filed Annual ReportsIdentification of problematic and outlier reportsReview of: Claims logs and Loss Runs Injury Rate Excess Insurance Information Competence of Claims Administrators handling claims Accuracy of the Annual Reports and comparison of current annual report to previous year’s report Estimated future liabilities set by the claims administrator – global view
ROUTINE:2‐PHASE AUDIT PROCESS
STEP 2
Focused audits with random sample file selection (open claims)
Sample of closed files and claims denied within the last 12 months
Revoked employers pay for cost of audit
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REVOCATION
Discretion of Chief upon revocation of a self‐insured employer
May include all claims
Employer pays for cost of audit
SPECIAL
Any public self‐insured employer upon showing of good cause– Labor Code 3702.6(a)(c):
• The director shall, upon a showing of good cause, order a special audit of any public self‐insured employer to determine the adequacy of estimates of future liability of claims.
– CCR Section 15403:• Pursuant to Labor Code Sections 129 and 3702.6, the Manager may order an audit of any self
insurer or individual claim file at such reasonable times as is deemed necessary.
Any self‐insured employer (private or public) due to complaints◦ CCR Section 15431.2(b):
◦ The Manager shall review any complaints received and may investigate the complaint, determine what benefits may be due and order payment thereof, audit the claim records of the self‐insurer or administrator, and take action to revoke the certificate or certificate to administer for cause.
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SPECIAL
Audit due to adverse findings in a routine audit
Questions on financial strength of the employer
Employer pays audit cost
AUDIT CONCERNSCOMPETENCY/CLAIMS HANDLING
CompetencyAll claims decisions made by a person certified to administer self‐insurance claims
Employer control
Claims handlingCompliance to statutes and regulations
Duty to conduct investigation
Delivery of benefits
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AUDIT CONCERNSMAINTENANCE OF RECORDS
Recordkeeping and Maintenance of RecordsClaim logs and claim files maintained in California
CCR 15400‐15406
Claim file contents (CCR 15400) Complete
Current
Both paper and electronic files available
Electronic documents easily retrievable
*** Audit costs for revoked employers increase due to poor claims file maintenance
Claim files must be kept and maintained for a period of 5 years from date of injury or from the date of last provision of benefit, whichever is later (CCR 15400.2(a)).
Claims with future benefits cannot be destroyed
AUDIT CONCERNSMAINTENANCE OF RECORDS
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PROPER CLOSURE OF CLAIMS
PREMATURE CLOSURE OF CLAIMS
Underestimation of EFL
Actuarial Study affected
Deposit affected
Claims with future benefit entitlement:◦ Two‐year rule for closure and exception to the rule (CCR 15400.2(a))
Provision and payment of all appropriate benefits prior to closure.
Advising employee of all remedies prior to closure and providing ample time to seek remedies.
Dismissal, satisfaction or all liens.
Final judgment on all claims (multiple claims)
Keeping file open long enough to allow for petition(s) for reconsideration (awards and C&R approval).
PROPER CLOSURE OF CLAIMS
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PROPER DENIAL OF CLAIM
Improper Denial Increased Litigation
Increased EFL
Deposit Affected
Denials must state a legal, factual, or medical basis recognized by applicable law and documented in the claim file.
Employee’s waiver of benefits or withdrawal of a claim in a clearly compensable case is not a reason to deny claim.
Lack of DWC‐1 is not a good reason to deny the claim.
Lack of medical release, if not needed to decide AOE/COE, is not a good reason to deny the claim.
Claim must be fully investigated and made in good faith.
Where the claim was found to be industrial later, benefits must be provided timely after knowledge.
PROPER DENIAL OF CLAIM
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RESERVES
Change in EFLActuarial Study
affected
Deposit affected
Components:◦ Indemnity
◦ Medical
Reserve for LC 132a, 4553, and 5814
Realistic estimate based on information documented and in the claims administrator’s possession as of end of the period of time covered by the annual report.
Estimate for the life of the claim. *** Probable total future cost, not probable future outcome
RESERVES
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Temporary Disability◦ All probable past TD that has not been paid or is in dispute
◦ Future TD
◦ Wage loss, salary continuation, LC 4800/4850 benefits
◦ EDD benefits
Permanent Disability◦ Conflicting PD ratings = estimate based on a higher rating unless there is sufficient evidence to support lower estimate
◦ Do not wait for employee to be P&S (nature and extent of injury is such that PD is expected)
◦ Rate all body parts
◦ If apportioning, claim file must include documentation to support
RESERVES –INDEMNITY
Life Pension/Permanent Total Disability – use the most recent life expectancy table◦ Life expectancy charts: http:/www.dir.ca.gov/SIP/pubandforms.htm
◦ Reserve for COLA (3% annually)
Death Benefits◦ If no dependents, reserve for full benefits for DWD
EDD Liens
SJDBV
RESERVES –INDEMNITY
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Employee not MMI/P&S:◦ Project for the anticipated period of treatment
◦ If nature and extent is such that it is clear the employee will reasonably require a lifetime care, estimate over the employee’s life expectancy. Do not wait until the person is MMI/P&S.
◦ Flags that the employee will reasonably require lifetime care:◦ Chronic condition
◦ Catastrophic injury
◦ Type of surgery
RESERVES –MEDICAL
Employee is MMI/P&S◦ Estimate annual costs (recurring costs) and multiply by life expectancy
◦ If the employee has been P&S over 3 years, use the average annual costs for the past 3 years.
◦ If the employee has been P&S less than 3 years, annualize the cost.
◦ Review the past treatment. If it does not include any costs that can reasonably be expected to occur on an annual basis, add then to the annual cost.
◦ Add non‐recurring costs to the recurring total.◦ Surgery
◦ Diagnostic tests not done on an annual basis
◦ Future consultations
◦ DME replacements
RESERVES –MEDICAL
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Contribution issues:◦ If employer is making the payments on the claim and has contribution from another party, reserve for the full amount.
◦ If employer is contributing/reimbursing another party who is making payments, reserve for the amount the employer is responsible for.
◦ Note: must be approved by the WCAB.
RESERVES –MEDICAL
EXCESS CREDIT
Actuarial verifies excess coverage
Audit verifies acceptance by excess carrier
All excess files must be reviewed to get proper credit (excess information only)
ProblemsDenial of excess
Partial acceptance of excess
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REGULATIONS –WHAT’S NEW
•Public Self‐insured Employers Reporting– SB 863
– Labor Code Section 3702.2(a)• Cost of administration
• Workers’ compensation benefit expenditures
• Solvency
• Performance of public self‐insured employer workers’ compensation programs
– Pre‐regulatory meetings
– Pilot of data collection
– Rulemaking
QUESTIONS?