[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] SELF-INSURANCE AND HEALTH BENEFITS: AN AFFORDABLE OPTION FOR SMALL BUSINESS? ======================================================================= HEARING before the SUBCOMMITTEE ON HEALTH AND TECHNOLOGY OF THE COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ HEARING HELD NOVEMBER 14, 2013 __________ [GRAPHIC] [TIFF OMITTED] TONGRESS.#13 Small Business Committee Document Number 113-042 Available via the GPO Website: www.fdsys.gov U.S. GOVERNMENT PRINTING OFFICE 85-594 WASHINGTON : 2014 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON SMALL BUSINESS SAM GRAVES, Missouri, Chairman STEVE CHABOT, Ohio STEVE KING, Iowa MIKE COFFMAN, Colorado BLAINE LUETKEMER, Missouri MICK MULVANEY, South Carolina SCOTT TIPTON, Colorado JAIME HERRERA BEUTLER, Washington RICHARD HANNA, New York TIM HUELSKAMP, Kansas DAVID SCHWEIKERT, Arizona KERRY BENTIVOLIO, Michigan CHRIS COLLINS, New York TOM RICE, South Carolina NYDIA VELAZQUEZ, New York, Ranking Member KURT SCHRADER, Oregon YVETTE CLARKE, New York JUDY CHU, California JANICE HAHN, California DONALD PAYNE, JR., New Jersey GRACE MENG, New York BRAD SCHNEIDER, Illinois RON BARBER, Arizona ANN McLANE KUSTER, New Hampshire PATRICK MURPHY, Florida Lori Salley, Staff Director Paul Sass, Deputy Staff Director Barry Pineles, Chief Counsel Michael Day, Minority Staff Director C O N T E N T S OPENING STATEMENTS Page Hon. Chris Collins............................................... 1 Hon. Janice Hahn................................................. 2 WITNESSES Mr. Michael W. Ferguson, President and Chief Executive Officer, Self-Insurance Institute of America, Inc., Simpsonville, SC.... 3 Ms. Robin P. Frick, Combined Benefits Administrators, Inc., Madisonville, LA, testifying on behalf of the National Association of Health Underwriters............................. 6 Mr. Thomas Faria, President, Sheffield Pharmaceuticals, New London, CT..................................................... 7 Dr. Linda J. Blumberg, Senior Fellow, The Urban Institute, Washington, DC................................................. 9 APPENDIX Prepared Statements: Mr. Michael W. Ferguson, President and Chief Executive Officer, Self-Insurance Institute of America, Inc., Simpsonville, SC........................................... 30 Ms. Robin P. Frick, Combined Benefits Administrators, Inc., Madisonville, LA, testifying on behalf of the National Association of Health Underwriters......................... 38 Mr. Thomas Faria, President, Sheffield Pharmaceuticals, New London, CT................................................. 43 Dr. Linda J. Blumberg, Senior Fellow, The Urban Institute, WAshington, DC............................................. 48 Questions for the Record: None. Answers for the Record: None. Additional Material for the Record: Bill H.R. 3462............................................... 81 Chamber of Commerce of the U.S. of America................... 84 Letter from Lawrence Thompson, Regional President, POMCO Group...................................................... 85 Statement for the Record from Rep. Bill Cassidy (LA-6)....... 87 Woodland Truck Line, Inc..................................... 89 SELF-INSURANCE AND HEALTH BENEFITS: AN AFFORDABLE OPTION FOR SMALL BUSINESS? ---------- THURSDAY, NOVEMBER 14, 2013 House of Representatives, Committee on Small Business, Subcommittee on Health and Technology, Washington, DC. The Subcommittee met, pursuant to call, at 10:00 a.m., in Room 2360, Rayburn House Office Building. Hon. Chris Collins [chairman of the subcommittee] presiding. Present: Representatives Collins, Coffman, Luetkemeyer, Huelskamp, Hahn, and Schrader. Chairman COLLINS. Good morning. I want to thank everyone for being with us today, and we want to take a look, I think it is very appropriate, at the trend of smaller companies now exploring self-insurance as a very viable option to provide their employees with healthcare coverage. I appreciate all of our witnesses taking time out of their business schedules to be with us today. Just last week, President Obama apologized to the 4.8 million Americans who had their insurance policies canceled since this healthcare act was enacted. This includes 137,000 people in my area of Western New York. And while I appreciate the president's apology, these cancelations represent just one of the many broken promises and severe problems plaguing the rollout of his signature legislation. The list of issues with this implementation is staggering-- the bumbling of the healthcare.gov website; the 30-hour per week definition of full-time employment; the medical device tax; the health insurance tax; the cancelation of policies; and of large concern to those of us who serve on this Committee, small businesses facing significant increases in the cost of their healthcare plans, upwards of 55-60 percent in some cases. These are not issues that the president and the administration will be able to resolve anytime soon. So as the confusion continues, small businesses and the people they employ continue to be left in the dark about what January 1, 2014, will mean to them, their healthcare needs, and the cost. The subject of today's hearing is certainly not a magic elixir that can solve all of these problems for every small business, but it could be available option. Amid all of this confusion, small firms need as many options as they can find to keep their businesses moving forward and make money so they can invest in the growth of their companies. In a self-insured situation, an employer can choose to assume all or a portion of the cost and the risks associated with sponsoring a healthcare plan. Under this arrangement, the employer forecasts how much it is likely to spend on health benefits--it is usually an actuarial calculation--and then decides whether or not it makes practical or economic sense for that employer to pay these costs out of pocket or to purchase a fully-insured product. Traditionally, small businesses have not utilized the option to self-insure. According to the Kaiser Foundation, only about 16 percent of employees at small firms are currently covered by a self-insured policy, as opposed to nearly 83 percent of employees at large firms. But with the onslaught of regulations, cost increases, and uncertainty surrounding fully-insured plans as a result of the president's healthcare law, more small businesses may choose to explore self-insurance as a manner of providing competitive benefit packages for their employees. Some small business owners may find that a self-insured policy would be cheaper as it may offer them greater flexibility in designing the health coverage they want to provide for their employees. With that said, there are some potential disadvantages as well, such as an instance of higher than expected employee claims and additional administrative costs that could discourage smaller firms from utilizing the self-insured plans. We are not here today to advocate one method over the other, but rather we are here to examine if self-insurance is a viable for some businesses. When we say if, it really is, but that is what we are going to cover today. And so we ought to continue to preserve that option for small businesses, especially considering the uncertainty surrounding the fully-insured marketplaces Obamacare continues to be implemented. Again, I want to thank everyone for being here today. I look forward to the testimony. And before we do that I want to yield to Ranking Member Hahn for her opening statement. Ms. HAHN. Thank you, Mr. Chairman. I am pleased that we are holding this hearing today. The Affordable Care Act introduced many substantial changes to health care, and these reforms will improve access to and adequacy of coverage, allowing young people to stay on their parents' insurance, expanding Medicaid, and not denying coverage as a result of a preexisting condition. California knows how to do things right. We have already had 59,000 enrollees in Covered California, so we are ahead of the nation in terms of having our website working and people actually going online and getting good plans, affordable plans, so we are very proud of what we are doing in California. The small businesses exchanges will offer opportunities for small businesses to provide quality health insurance to their employees. At the same time, self-insurance or self-funding could be an option for small businesses to offer insurance coverage at low prices or with greater flexibility. Though this option is not for everyone, it could reduce the cost of coverage for small businesses willing to take on that challenge. While self-funding has traditionally been more common among larger employers than small ones, there is growing interest in this method of insurance. However, it is still unclear just how many companies have already self-insured in response to the law or are planning to do so. With the opportunity to minimize risk but still offer comprehensive coverage, small entities have expressed an interest in learning more about self-insuring. Today's hearing will allow us to learn more about how self-insurance works for small firms and what factors they must consider before deciding to move in this direction. We will also hear from witnesses about the benefits and pitfalls of self-funding for employers and what role health reform plays in these decisions. While this option holds promise for small firms, experts have indicated it could prevent much needed consumer protections from applying to workers in small entities. For that reason, we will also discuss how self-insurance could affect these companies' hardworking employees. As we examine this very important insurance alternative, we are looking for feedback to see how it will impact small employers and how we can ensure a broad range of insurance vehicles. I thank all the witnesses for being here today, and I look forward to your comments. Thank you, and I yield back. Chairman COLLINS. Thank you. To begin with, if Committee members do have an opening statement, I ask that they be submitted for the record. And I would like to take a moment to explain the timing lights that are in front of you. You each have five minutes to deliver your testimony. The light starts out as green. When you have one minute remaining, the light turns yellow. And finally, at the end of your five minutes it will turn red. I would ask that you try as you can to adhere to that time limit. Our first witness today is Michael Ferguson, president and CEO of the Self-Insurance Institute of America. Welcome. He has been with the association for more than 18 years, and in his current role he provides executive management leadership as well as serving as the federal lobbyist for the association. Mr. Ferguson has significant expertise on self-insurance matters related to group health plans, workers' compensation programs, and captive insurance companies, and operates his own blog which includes original reporting and commentary regarding legislative or regulatory developments affecting the self- insurance industry. Prior to joining SIIA, he was a corporate communications specialist for Rockwell International at the company's world headquarters. Mr. Ferguson earned his bachelor's degree in political science from California State University, Long Beach. Thank you for being here, Mr. Ferguson. STATEMENTS OF MICHAEL W. FERGUSON, PRESIDENT AND CEO, SELF- INSURANCE INSTITUTE OF AMERICA, INC.; ROBIN P. FRICK, COMBINED BENEFITS ADMINISTRATORS, INC.; THOMAS FARIA, PRESIDENT, SHEFFIELD PHARMACEUTICALS; LINDA J. BLUMBERG, SENIOR FELLOW, THE URBAN INSTITUTE. STATEMENT OF MICHAEL W. FERGUSON Mr. FERGUSON. Well, good morning, Chairman Collins, Ranking Member Hahn, members of the Committee. I am pleased to have an invitation to come and join you this morning. I think this is a very important and timely topic, and I am hoping to add some value to the hearing today. The couple areas that I am going to hit on in my oral comments today is talk briefly about what self-insurance is and how it differs from traditional insurance, who self-insures, the ACA and self-insurance trends, the advantages and disadvantages of self-insurance, and talk about the federal regulation of self-insured plans. So the trick will be to do that all within five minutes. So let me get right into it. Real briefly here, if you are ready to talk about the differential between self-insurance and fully-insured, if you are an employer and you want to provide group coverage to your employees, you really have one of two options. You can do a traditional insurance plan where you pay a premium to an insurance carrier, and that carrier in exchange for a premium basically takes the risk and provides coverage to your employees. The alternative is, as an employer, you can say, well, instead of paying an insurance company to provide coverage for my workforce, I am going to self-insure. In other words, I am going to pay the claims out of my own operating expenses or trust that I set up to pay the claims. So instead of transferring that obligation to an insurance company, the self-insured organization basically takes that obligation onto itself and pays the claims as they are incurred. So that is the differential between the fully-insured and the self-insured environment. Chairman Collins has already thrown out some statistics in terms of the prevalence of self-insurance. Just to pick up on that is of particular relevance to this Committee. About 16 percent of smaller businesses self-insure. That would be defined within sort of three to 200 band; that is reported by the Kaiser Family Foundation. But what I think would be interesting for this Committee to also add, although this is the purview of the Small Business Committee, self-insurance is not simply a business strategy that the private sector implements. Self-insurance is also very prevalent within many labor plans--self-insured Taft-Hartley plans that self-insure smaller groups as well as many public sector entities, municipalities, many of which are self-insured. Collectively, it is estimated about 100 million Americans receive their health benefits through various forms of self- insured plans. So the self-insurance market is kind of an underreported business story but it is pretty significant and it spans, again, both private sector, as well as the labor plans, and a third area is municipalities. So it is a fairly big marketplace, and so your hearing today is particularly relevant. So now that we have talked a little bit about what self- insurance is, who self-insures, I want to go ahead and address one of the questions that has sort of been raised by the Committee. Obviously, we are here because in the context of the Affordable Care Act, what does that mean for self-insurance? Is that influencing companies to self-insure? If so, why that is. Now, it is interesting. In the last year or two you hear a lot of public comments that self-insurance is somehow a loop hole to the ACA or this is a way to bypass the requirements under the Affordable Care Act. And as my testimony is going to demonstrate and hopefully we can get in some Q&A, I actually think that is an incorrect observation of the marketplace and what you actually see is companies that self-insure actually subject themselves to more regulation collectively, not less than if they were in a fully-insured environment. And we will get into some of that. So the question is, well, why are companies looking at self-insurance if it is not for some regulatory motivation? Well, I think the answer if you talk to companies is that particularly in this environment where there is some uncertainty in the marketplace, there is cost fluctuations that have been at least indirectly influenced by the healthcare law, what you find is companies that are migrating to self- insurance. They want to take more control of their costs. They do not want to be subject to an insurance company or a government entity dictating to them what my costs are going to be, what overages I am going to have. So by self-insuring, you are able to take more control over your plan. To the extent that you have decided that you want to provide benefits to your workers, a self-insured arrangement puts you in the driver's seat. You are the one that controls your plan going forward, and certainly there is some work to go that we will talk about in terms of managing the plan, but basically, it is control. It is ownership of your plan which self-insurance provides. So that, I think, would be our observation of what is driving that. There are several disadvantages to self-insurance. I would say that not everybody is cut out for self-insurance. There is a lot of financial and regulatory requirements that you have to adhere to, which is detailed in my testimony, but there are also several advantages being self-insured. You can better manage your plan, cost savings, and a variety of other things that make self-insurance an advantage. Again, not the right choice for all organizations, but it is a choice for some. So with that I will go ahead and--time is short here. I will conclude my testimony, and look forward to answering questions from the Committee as they arise. Thank you. Chairman COLLINS. Yeah, no, thank you. And we will try to cover a lot of these issues. The intent today is really to be informative to small businesses. They are in what we call the traditional sign-up period right about now trying to figure out what they are going to do the first of the year. Our next witness is Robin Frick, who is responsible for key account management, compliance, and corporate operations with Combined Benefits Administrators, an enrollment firm and third- party administrator, or TPA, that performs insurance carrier billing, claims advocacy, and benefits management located in Madisonville, Louisiana. Robin is testifying on behalf of the National Association of Health Underwriters. She has been an active member of the organization for several years and has served on the boards of both the local New Orleans chapter and the Louisiana state chapter in several different positions. In 2011, she was accepted onto the National AHU Legislative Council, which provides legislative advice, communication, and policy positions to the membership, Congress, and the administration. Robin received her associate's degree from Emory University in Atlanta, her bachelor's degree from Louisiana State University, and is certified in transplant contract management. Thank you for being here. You can begin your testimony. STATEMENT OF ROBIN P. FRICK Ms. FRICK. Good morning, and thank you. My name is Robin Frick, and I am licensed professional health insurance agent from Slidell, Louisiana. I would like to thank the Committee for inviting me here today to talk about self-funding health benefit plans and whether it is an appropriate option for smaller employers. I have been in the insurance industry since 1999, and I have spent my career helping businesses design and implement self-funded benefit plans for their employees. I have also been a part of my professional association, NAHU, for 14 years, and I am speaking on behalf of all of our members who work on a daily basis to help millions of individuals and employers with their health coverage needs. Regarding today's discussion of self-insurance, health benefits, and the small employer, I will be frank that the decision to self-fund coverage should not be taken lightly. It is a multi-year commitment in which the employer assumes the financial risk for providing medical insurance to its employees and their families rather than paying an insurer to bear the risk. The appropriateness of a self-funding arrangement is not only determined by the size of the employer but also the financial stability of the employer, his or her risk tolerance, and the ability to administer a compliant plan. There is an increased interest by smaller employers in self-funding since the passage of healthcare reform, but this is a transient time, and again at the state level when there are market reforms. The outcome of small employer self-funding though as a result of market reform measures is still rare. Self-funding and stop-loss is not a new phenomenon. It has been around long since the days of cargo ships sailing to the New World. This new awareness of self-funding and stop-loss marketplace stems from the employer anxiety about changes to the new healthcare law that may bring to their employee benefit offerings such as the new national health insurance tax, the ``Cadillac tax,'' and the changes to premium rate calculations. Self-funding a health plan provides a means to structure benefits to meet the specific needs of an employer but does not allow employers to escape the impact of healthcare reform. Most of the reform laws market protections apply to employer groups of all sizes regardless of how they are financed. For example, a safety compliance client with 75 employees in good health and stable age-gender demographic, is interested in alternative funding such as self-funding with reinsurance in lieu of paying an increase over increase each year to fully-insure an insurance policy without experiencing the large ongoing claims that would normally directly impact the rates. He is experiencing a significant increase each year that is not indicative of his employee population. On the other hand, an electrical contractor with 50 employees that has ongoing health, both medical and prescription drug claims each year, would not be able to financially support a benefit plan in a self-funded arrangement. His company may be in a healthy financial position now, but if we extrapolate the expected risk two, three, and five years out, he will very much risk losing what he has worked so hard to grow. He would pass on the assumption of risk. I have experienced quite the opposite, too. A bank client of 170 employees is considering the transition to fully-insured from self-funding with reinsurance as they can no longer sustain the adverse claims. The impact over the last three years has significantly depleted any reserves previously realized and gained through their self-funded arrangement, and the concern is that they are behind the 8-ball, so to speak, and they cannot get ahead. They are tired of assuming that all of the financial risk, the administrative responsibilities, and the compliance liabilities. The growing interest in alternative funding mechanisms has led some self-funded marketplace innovation with the development of hybrid level funding plans which can ease the transition from fully-insured to self- funding, and we anticipate further growth and innovation within this regard. From a compliance and regulatory perspective, although self-funded plans fall outside of state-level insurance regulation, though they have always been subject to ERISA, stop-loss policies are actively regulated by state insurance departments and are held legally accountable for marketplace conduct; likewise for the licensed insurance professionals advising in those arenas. In short, as healthcare reform has moved forward, employers are looking to gain greater control over their employee benefit options and funding mechanisms. I truly appreciate the opportunity to provide testimony to your Committee today. I consider it a huge honor to be here and a privilege to be able to inform you, our elected representatives, how the self-funded health insurance marketplace works for employers, both large and small. Thank you. Chairman COLLINS. Thank you very much. Up next is Thomas Faria. Is that correct? Faria. President and CEO of Sheffield Pharmaceuticals in New London, Connecticut. He has been president and CEO of Sheffield, one of the nation's fastest-growing contract manufacturers of over- the-counter pharmaceutical creams, ointments, and toothpastes since 2002. In this role, he is responsible for overseeing all areas of operation of 160 employees, $30 million pharmaceutical products manufacturing company. The responsibility includes the absolute authority on all major decisions that affect the company and he acts as the public voice in all legal, public, and customer relations. Mr. Faria received his B.S. in industrial and operations engineering from the University of Michigan and his MBA from Bryant University in Smithfield, Rhode Island. We appreciate your participation, Mr. Faria, and please begin your testimony. STATEMENT OF THOMAS FARIA Mr. FARIA. First of all, I would like to thank you for the opportunity to speak to you all. I think this is truly a very important topic to talk about, especially for small businesses because as you review information and some of the topics that are most important to small businesses, what usually rises to the top is the ever-increasing costs and the unknown costs of the future of providing health care for their employees. Our experience that got us and Sheffield to try self- insurance, it really started in 2007. Up until that point, every year we would go through and review our health care costs and quote them, and we would expect a moderate increase of 5 to 10 percent on our insurance premiums. In 2007, we had a few unfortunate events with our employees. They were using--that caused our healthcare costs to go up. In response to that, our fully-insured provider increased our rates 25 percent. The next year, they were looking to increase our rates 39 percent, and when we looked around for any comparable products from their competitors, they were even higher. So at that point we took a look at and really did a leap of faith knowing that our staff were both fairly young and fairly healthy, we went for the opportunity to self-insure ourselves, and we have been doing that since 2009. What I can say is that so far that has been a great decision. We have saved over that four-year period roughly $400,000 compared to what we would have paid for our insurance premiums. And that is about a 19 percent savings. What we did with that savings, really, that allowed us to keep our benefits the same. We have a gold quality insurance program and we have kept that affordable for our employees. When I look at some of the benefits that self-insurance can help with small business, first, obviously, there is an opportunity to save costs. Secondly, whenever you give an entrepreneur or business the opportunity and the information that is provided, you give them an opportunity to get responsible for those costs and accountable for those costs. And so self-insurance allows for some transparency on the healthcare costs that these businesses are incurring. This allows them to cater, and self-insurance allows for the flexibility to change their plans pretty much on the fly to adjust their plans for efficiency and also in some cases to reduce costs. What self-insurance also does, it allows and gives great incentive for small businesses to invest now in education and incentives that help improve overall efficiency of their programs. As a businessman, I can say that such investments usually you would not go and invest in such incentives when the benefit may turn out to be your fully- insured provider. Here we are looking at mitigating future costs by providing incentives for people to first go out and get physicals yearly, and also we provide incentives for them to lead healthy lives. That means checking your cholesterol, blood pressure, not smoking, keeping a healthy weight. And it is truly these self-insurance plans that allow us the flexibility to really kind of cater our programs to the needs that we see in our employees and also that we see coming up through the data that we are reviewing. I thank you and look forward to contributing in any way. I look forward to your questions. Thank you. Chairman COLLINS. Thank you very much. I would like to now yield to Ranking Member Hahn for introduction of our next witness. Ms. HAHN. Thank you, Mr. Chairman. It is my pleasure to introduce Dr. Linda Blumberg. Dr. Blumberg is a senior fellow at the Urban Institute's Health Policy Center. Her recent work includes a variety of projects related to the analysis of health reform and state implementation of the Affordable Care Act. Dr. Blum berg serves as a senior advisor for the institute's Health Insurance Policy Simulation Model, and is also a member of the Health Affairs Editorial Board. Welcome, Dr. Blumberg. STATEMENT OF LINDA J. BLUMBERG Ms. BLUMBERG. Thank you very much. Mr. Chairman, Ranking Member Hahn, and members of the Committee, I appreciate the opportunity to testify before you today. The views that I express are my own and should not be attributed to the Urban Institute or its sponsors. My testimony draws on my own and my colleagues' analysis of the ACA, some of which rely on a 10-state case study effort of ACA implementation which the Urban Institute continues, along with our colleagues at the Georgetown University for Health Insurance Reforms, and some of which relies on the Urban Institute's Health Insurance Policy Simulation Model, HIPSM, a micro-simulation model that estimates individual and employer responses to specific provisions of the law. Our analyses lead to the following main conclusions. Changes to small group insurance under the ACA intended to broaden sharing of healthcare risk across firms. An increased premium stability and access to insurance do not in general apply to self-insuring firms regardless of size, nor do they apply to private stop-loss policies, the product that makes it feasible for small firms to self-insure. As a result, small, young, and healthy firms will have increased incentives to self-insure once the ACA's reforms are fully in place, possibly trying to move between self-insurance and healthy years and fully-insured products and less healthy ones. However, stop-loss policies combined with the self- insurance approach itself carry substantial financial and legal risks for small employers. As such, sales of stop-loss to small firms are relatively uncommon today. In fact, many sources in our case study were from the insurance and producer communities felt it was irresponsible to market stop-loss policies to small firms. However, we are seeing increasing marketing activity by reinsurers since passage of the ACA, including the emergence of bundled products which combined stop-loss coverage with administrative services. Many traditional insurers report that they do not want to get into this business, but if they see their traditional products being undermined they will have to participate as well. While some states, for example, Colorado and Rhode Island in 2013, continue to pass laws due to the risks involved. In the vast majority of states, stop-loss coverage is not regulated like insurance, and as such, the policies can be denied to small firms outright due to their health status, are not required to cover specific benefits, are not guaranteed renewable, and can charge premiums based upon the claims experience of a particular firm with reunderwriting occurring frequently. Reinsurers can also include lasers that exclude coverage for the expenses of a group's highest cost or highest risk members. Stop-loss policies may not pay claims until the end of the first quarter after the plan year ends, leaving small financially vulnerable firms to pay all incurred claims upfront. Small employers may be wholly financially responsible for claims incurred in a plan year but filed after the end of that year once a reinsurance policy ends, leaving the employer exposed for large dollar amounts not anticipated. Significant increases in self-insurance also pose substantial risks to those small firms wishing to remain in the fully-insured market, an issue that has led some states to prohibit the sale of stop-loss to small firms. And due to these risks, in 2012, an actuarial subgroup of the NAIC recommended changes to their model law which would set the attachment point or deductible for stop-loss coverage at a minimum of $60,000 per insured individual. Our micro-simulation analysis finds that their suggested parameters would, in fact, dissuade the vast majority of small firms from self-insuring. Under this approach, average premiums in the fully-insured small group market would be lower than under a scenario with looser stop- loss regulations or none at all. If these recommendations were implemented in a uniform manner nationally, the fully-insured small group market would be roughly one and a half times as large and the average fully-insured small group premium would be 20 to 25 percent lower than if reinsurance effectively acts as unregulated insurance. To conclude, self-insurance and unregulated stop-loss coverage carries substantial risks for small employers who are often already financially vulnerable and frequently ill- equipped to take on the additional financial and legal risks associated with it. It also carries risks of undermining the ability of other small firms to purchase affordable coverage for their workers in the fully-insured market. A majority of states do not regulate the sale of stop-loss insurance today, and many of those that do regulate it require minimum attachment points well below recent actuarial recommendations. In addition, we were unable to identify even a single state that currently monitors the sales of these policies to small firms, and only one that has plans to begin doing so. The Federal government could intervene, prohibiting the sale of stop-loss insurance to small employers, requiring its sale to small employers be regulated by small group rules, or setting minimum attachment points consistent with the new recommendations. At a very minimum, the Federal government can develop and implement an effective plan for closely monitoring increases in small firm self-insurance nationally and by state. Given the magnitude of other tasks and time pressures, states are not inclined to do so on their own, which means that in the absence of a concerted federal effort, states will be unprepared to intervene as warning signs increase the time at which major market disruptions could more easily be avoided. I am happy to answer any questions that you might have. Chairman COLLINS. Thank you to all the witnesses. I think we can have some very interesting questions. Ms. Hahn and I tend to run our hearings a little different than most. Instead of going first, which you find with many chairmen and ranking members, we like to go last. Our fellow members have busy schedules and so I will defer, as she will, to our fellow members here and then we will bring up the rear. So with that I would like to start with the Congressman from Colorado, Mr. Coffman, if you would like to ask some questions. Mr. COFFMAN. Thank you, Mr. Chairman. I think this is-- certainly having been a former small business owner, that this is a very important hearing given all the changes to health insurance in America right now under the Affordable Care Act, better known as Obamacare. And I would like to ask each of the panelists to, if you could, answer relatively quickly, but to basically say under the pressures of the Affordable Care Act, do you think that self-insurance will grow under--in this new environment as a mechanism for small businesses to afford health insurance for their employees? Start with you, Mr. Ferguson. Mr. FERGUSON. Sure. Thank you, Congressman, for the question. To answer that, I think our view would be that we would predict a continued growth in the marketplace, although that growth will probably be somewhat moderate just because for reasons that some of us have talked about already, stipulated self-insurance is not the best choice for all companies, particularly small employers. For some it is a great choice. But what we are seeing in the marketplace, there is a lot of companies that are looking more at self-insurance, and as part of that process to evaluate whether that choice is right for them, many of them as they sort of go through the process realize, well, this may not be the right choice for us so they do not go forward with that. But for companies that they have the financial viability, they have the sophistication to pursue this funding method, it is a good choice. So for that reason, since there is more interest generally, I think you are going to see a continued growth. But again, I do not see it as a wholesale migration. I think you are just going to see more companies gradually shift into the self-insurance marketplace. Mr. COFFMAN. Thank you. Ms. Frick. Ms. FRICK. I agree with Mr. Ferguson. I do not know that it would actually explode as far as all of a sudden vast rush of people to come in to self-fund. The growing interest does not necessarily equate to a growing number of new self-insurance or stop-loss policies. Just as Mr. Ferguson indicated, you will have more people that are looking into it, doing the math, and as insurance professionals, that is our job, to help them determine the risks and advantages of every kind of funding mechanism available to them. So the increased interest is in something that is now newer to them than there has been before or rather may be available to them than it has been before. You still see reinsurance carriers that would provide the stop-loss behind it still a little hesitant to come down into the market of under 100 or under 50 just because that market space is typically not very self-funded friendly from a risk standpoint. Mr. COFFMAN. Mr. Faria. Mr. FARIA. I guess my answer would be I hope so. But I belong to an organization called the Young Presidents Organization, and in that organization we have had numerous talks about self-insurance, and actually, literally, one of the topics was about how to respond to Obamacare, and they were actually pointing towards self-insurance as a way to potentially mitigate the unknown costs that Obamacare may cause in terms of increased fully-insured premiums. I think right now, especially right now, when you are looking at a situation where the fully-insured providers have an unknown, certainly with this website problem and other issues, and of course, the issue here with people losing their coverage, they are not quite sure what the premiums are going to be going forward. And I think right now self-insurance might be a great option for some people to mitigate that potential liability of increased fully-insured plan premiums. Mr. COFFMAN. Thank you. Dr. Blumberg. Ms. BLUMBERG. Because under the Affordable Care Act price discrimination based on health status of a small group is prohibited nationally for the first time, the self-insurance becomes a more attractive option for firms that have healthier than average risks in their firm. And so we do expect there to be an increase in self-insurance as a consequence barring other intervention, either federally or at the state level. I will mention to you that in terms of the uncertainty that one of the witnesses was mentioning, the issues with the website are very strongly unrelated to the vast majority of the small group insurance market which will continue to, in the fully-insured market, buy through brokers and agents as they have in the past with some percentage going through the exchange. But the markets are merged between the exchange and the non-exchange small group market. And so anything that creates a segmentation of risk between the self-insuring firms and the fully-insured firms affects the entire small group market. Mr. COFFMAN. Thank you, Mr. Chairman. I yield back. Chairman COLLINS. Thank you. At this point we would like to yield five minutes to the Congressman from Oregon, Mr. Schrader. Mr. SCHRADER. Thank you, Mr. Chairman. And I appreciate the tone of the hearing if I may say so. It is a great idea, great topic. I am curious myself to see how this may or may not work out for businessmen and women around the country. So I really appreciate it. First, I guess to Mr. Ferguson, if you could elaborate why you do not think this is a loophole in the ACA, and then you first comment on how this stop-loss works. It seems to me small business to me is something under 50 employees, and you are one catastrophic event away from losing your business if you do not have big cash reserves. How does that stop-loss really work? I would ask Ms. Frick the same question in a minute. Why is it not a loophole and why is this remotely possible for small business? Mr. FERGUSON. Sure. I am glad you asked that question, so let us explore actually both of those variations. The issue about the loophole is that there is concern or express stating that somehow self-insured plans are these unregulated entities that are out there and are sort of operating in kind of the Wild West. But, the fact is if you put a finer point in it, what we are really looking at in this discussion is what is the trend. Employers that are moving to self-insurance post-ACA. And by definition, those plans would be non-grandfathered self-insured plans. We have got two varieties--the grandfather and the non-grandfathered self- insured plans. So all of those plans that are moving to self- insurance would be non-grandfathered plans, and as such, they are subject to almost all of the regulations under the ACA. There are a few. There are about three or four that they are not subject to, and there are particular reasons why they are not applicable to self-insurance. Because essentially, self- insurance plans are the equivalent of nonprofit health plans. They are not in the health insurance business. They are widget manufacturers. And so in addition to that, not only are they regulated by the ACA, they are also regulated by ERISA. Also, HIPAA, COBRA. There are all these other federal laws that apply. So if you are going self-insured, you are actually subjecting yourself to more regulation, not less, if you are looking from a business owner standpoint. Now, to your question about stop-loss insurance, distinction between stop-loss insurance and health insurance. Stop-loss insurance is essentially a liability-type of insurance product between the carrier and the employer. A stop- loss insurance policy does not cover individuals, it does not pay claims, and so there is a distinction that you need to keep in mind whereby you have got the plan, the self-funded plan, and you have the participants within that plan. And those participants are in the plan, they get coverage under the plan, no matter what the stop-loss insurance arrangements are. The stop-loss arrangement is simply a reimbursement mechanism between the employer and the carrier. So the fact, any of the arrangements of the stop-loss does not affect the plan participants, whether there is a laser, which means that the employer retains liability for one or more people under the plan not subject to liability. It is simply a reimbursement mechanism. So that is a financial tool that the employer uses and really has nothing to do with the healthcare, per se, delivery for the plan participants. I hope that addressed your question. Mr. SCHRADER. And then, Ms. Frick, if you will chime in. So what does it cost? I mean, if the stop-loss companies are willing to assume that ultimate risk, you know, I have got only so much cash, my employee develops cancer, has this catastrophic crippling injury, you know, I do not have enough money to pay that, that is the reason I got you as a stop-loss insurer or backstop. What does it cost me to have you do that and what caveats do stop-loss companies put in to make sure they are not on the hook? Ms. FRICK. Very good question. With a stop-loss arrangement, self-funding, either you are going to assume everything without the backstop or reinsurance, or you purchase reinsurance just as you said to cover your more catastrophic risk. So rates are determined just as you would in a fully-insured market from the reinsurance but without the medical piece. The medical piece is added in after when you are looking at your specific medical claims experience and how you can turn that forward for your expected, and then the maximum liability over that next plan year. So in the reinsurance piece, you are still taking into consideration the size of the group, the demographics, the area factors, where it is, and just the cost of what you are needing to cover. And then, how large of a deductible do you want on each bellybutton that is covered on the plan. And then if you are in that size market of say 1,000 or less, you are going to want the extra aggregate protection that protects collectively all of the bellybuttons in the plan. So you have one on each and one as the whole. So in that perspective there is always--you have to take all of that in to develop some kind of fixed premium cost that is a known factor over the 12 months. Your claims, you do trend out and expect where they will be. It is safe to put a corridor so you have a maximum liability to which you maximum would pay out, say about 125 percent of where you expect your claims will fall, but the reinsurance provides, if I set a deductible on each bellybutton as $10,000, then after that $10,000, my plan is reimbursed by the reinsurance carrier for anything over that expectation. So there is a cost factor. The reinsurance carrier is looking at everything, looking at the claims experience, what has happened before. Now, what is interesting is if you are moving in typically that small group market under 100, you do not get the claims experience, or if you do, it is very aggregated. It is not very specific as we have known in the past. So now it is not a guessing game but you are looking at a whole market or a pool in and of itself. So now you are having to determine across a broad spectrum what do I believe for this area, for this type of industry, for these kinds of workers, where should we place the deductible level? What do we expect out of them? An oil rigger is going to have a much higher risk factor than someone who sits behind a desk every day. So those are all taken into consideration. But the reinsurance does provide sleep insurance. I know at night that my total exposure is X. I know if I have an aggregate coverage that my total as a plan is X and there are reimbursables. As was noted earlier, just totally crippling someone, it does just help to have that something in the background. Mr. SCHRADER. Sure. Thank you very much. I yield back. Very helpful. Chairman COLLINS. Thank you. At this point we would like to yield five minutes to the Congressman from Kansas, Mr. Huelskamp. Mr. HUELSKAMP. Thank you, Mr. Chairman. I appreciate the opportunity to visit here and learn much more about this topic. My first question would be for Ms. Frick. Thank you for being here. How many years of background do you have in this industry and your education that qualifies you for your current position? Ms. FRICK. Sure. So I have been in the industry ever since I graduated from college basically. So a little over 14 years ago. Mr. HUELSKAMP. Two years ago? Ms. FRICK. Yeah, about five. Thanks. And I have been active--just from the perspective, I started--when I started my career I started out with an insurance consulting firm and just started asking a lot of questions and moved from the small group space and fully- insured into our client-size, the middle market space, starting to get a mix of self-funding, and then to a larger self-funded market space. I was curious. I asked a lot of questions. I like to learn, and if I need to educate you about it, I need to know what I am talking about. I worked with a managed care company for a year so I had a very interesting and in-depth look on the inside from how an HMO self-functions. I had a very good relationship with the underwriting actuarial departments, so I really understand how rates are calculated. What is the value of a co-pay? What is a value of the deductible and the out-of- pocket. And from then, back on the consulting side. Mr. HUELSKAMP. Last week in a hearing, for instance, the HHS secretary did admit a felon could serve as a navigator potentially. How comfortable would you be to call up a navigator or visit with them in order to make your healthcare decisions? Ms. FRICK. Honestly? Mr. HUELSKAMP. Yes. Ms. FRICK. Not comfortable at all, unless I knew that they were a licensed, regulated entity that had to conform to continuing education as we have to or a required number of hours every two years. And we are subject to market conduct and are held legally accountable for what we do, what we say. We carry E&O insurance. We have, you know, for any claim against us. I want to know that the claim that I am talking to on the other line knows exactly what I am talking about or asking the questions for. I appreciate if someone does not know and is honest and says I do not have that answer but I will find out for you, but I would much rather if I am making a big healthcare decision, just as an employer or as an individual, this is your number two for an employer payroll. This is the number two list on your accounting statement. You have got to know who you are talking to and who you are dealing with and they are going to be able to be objective in helping you determine what is best for you. Mr. HUELSKAMP. Well, thank you. I share that concern as well and hear that from constituents worried about instead of the agent they usually rely on or the folks that help manage their account at their employer, just worried about a navigator, untrained, perhaps for a month, not even that. No insurance. I had not even thought about that. I mean, that is just a basic requirement of the agents. The second question would be for Mr. Ferguson. I am looking at a story from my district in Kansas, which is about the middle of the country, and a company by the name of Vortex Corporation. They work really hard. Their insurance renewal date just happened to be July 1st, and they worked really hard and made that requirement, did everything they needed to do, and then shortly thereafter the administration announced, you know what? We are just going to ignore the portion of Obamacare that says the business mandate. We are going to put that off. Other companies, were they in this situation? And what has been the impact of delaying that? I have heard various reports of what that has meant for businesses. If you could provide some light on that, Mr. Ferguson. Mr. FERGUSON. Well, I assume you are referencing companies that currently maintain a plan or determine whether to continue that plan through 2014. Is that the direction of the question? Mr. HUELSKAMP. Yes. In this case, the renewal is July 1st. Mr. FERGUSON. Right. Mr. HUELSKAMP. And they worked everything they could in the law and all of a sudden it was suspended for a year. Mr. FERGUSON. Well, what I can simply tell you is anecdotal, so disclaimer there, and the companies that I have spoken with is that all of the companies that provide or are thinking of providing a group health plan, they have run the numbers so to speak. They have done the analysis in terms of whether they want to start a plan or maintain a plan, and they have probably reached some initial conclusions as to whether they want to play or pay. But most of those companies are taking a wait-and-see attitude, particularly the ones that are thinking about that they might drop the coverage and go ahead and pay because they are kind of waiting to see what exactly-- how is the experience in the exchanges going to be. For instance, for companies that would be considering potentially dropping their coverage, one of the things that they are looking at is, okay, are the exchanges, are they going to be functional? Are they going to be effective? Because that is going to impact the decision of the employer. If they are thinking, well, if my assumption is that I could drop my coverage and there is a viable option for my employees and it is easy and you can get your affordable coverage as the law anticipated through the exchanges. That might influence my decision to go ahead and drop my plan. On the other hand, if there is uncertainty in the marketplace and the exchanges are not delivering on that promise, then that would sort of push them back to maintaining the plans. I think if you talk to most companies that are self- insured that have run successful self-insured programs, their preference is to keep their plans just because for no other reason it is a value to them. It is a value to retain and attract talent. So for those successful plans, they are inclined to keep them. But they have all run the numbers. They have all had their initial analysis. Most, if not all, will not publicly state what their intentions are but in some backroom they have a spreadsheet that shows all the different variations. And again, as I said, a lot of them are just sort of waiting to see how--obviously, there is a lot of uncertainty that is going on in the marketplace right now so they are kind of waiting to see how this all plays out. Mr. HUELSKAMP. All right. Thank you, Mr. Chairman. Chairman COLLINS. Thank you. At this point we would like to yield five minutes to the Congressman from Missouri, Mr. Luetkemeyer. Mr. LUETKEMEYER. Thank you, Mr. Chairman. Just a couple quick questions here. Mr. Faria, you have a plan in place and have been working with it for how long now? Mr. FARIA. We have been working with it for over four years. Mr. LUETKEMEYER. Four years. Okay. How has it been accepted by the employees? Do they like it? Do they have concerns with it? Mad at it? In love with it? Ready to go for some more? What is the story? How do they accept it? Mr. FARIA. Well, I think in a lot of ways it is seamless. We are just replacing kind of the backend of the insurance. So for some businesses, they can choose to keep everything the same. You might not even have to tell the employees. Mr. LUETKEMEYER. Does it help retention then by having, in your situation, a rather seamless transition to this new plan? I assume it does not hurt retention. Mr. FARIA. Right. I mean, I think as I stated in my testimony, the savings that we have gotten from self-insurance has allowed us to keep a high standard plan. We consider our plan, it qualifies to be a gold standard plan. We have also been able to keep that relatively affordable for our employees. And so for us we are using our self-insurance as a benefit for our employees to help us keep and retain our employees. Mr. LUETKEMEYER. Okay. Do you fund the program entirely or do you have a reinsurance stop-loss behind your plan? Mr. FARIA. Absolutely. We have a stop-loss. Mr. LUETKEMEYER. Okay. Very good. Ms. Frick, you deal with lots of plans. I know that the bigger you get probably the more functional this becomes, the more of an option it becomes. How small does it get down to where it is really not an option or not something that needs to be considered or you need to just go ahead and let the insurance company take the risk? What has your experience been? Ms. FRICK. Obviously, the larger you are the more credible your claims experience is, which that being, it is more indicative of where you will be in the future. There is the one-in-five rule where one out of every five years you will probably tank, you will have a bad one, but for the most part you are going to run pretty well. The larger you get, it becomes a very predictable number. As you become smaller, your claims experience is less--there is more volatility just from the perspective that it is less predictable. When you are around about 100, 200 employees, you need to gain the time to have a plan in place to really see where your trend is going because just as was mentioned earlier, you can have the one that just blows the whole plan out of place but that one person in a smaller group is more damaging to that group than the one person in a larger group. Mr. LUETKEMEYER. What has your experience been with reinsurance? Do most companies have a stop-loss behind them or are there companies out there that just take the full risk and just let it fly? Ms. FRICK. Most will have reinsurance except when you find a very large employer with tens and thousands of employees that can really financially put it behind them. Mr. LUETKEMEYER. Do those companies that participate in this, is it more based on the revenue of the company so they have more cash flow or is to more based on the number of employees? Ms. FRICK. More on the financial perspective. What can I assume? What is my risk tolerance? Mr. LUETKEMEYER. And expense to put this money into--my next question is do most of them use a trust fund to put this into or do most of them just write a check out of their account whenever, you know, they just have a separate bank account and then just write checks out of it whenever something happens? Ms. FRICK. Sort of that. Both. They have a claims fund. So you set your employees--employees still have a premium they are paying, and you set that premium based on the claims and the administrative costs, just as you are in a fully-insured plan. You pay $100 a month in premium. That is encompassing the claims that have to be paid, the administrative fees that have to be paid all in one lump dollar. You do the same thing on the self-funded side. So from an employee's perspective, I do not know the difference. I do not know the funding mechanism behind the plan. So the claims dollars that you as Mr. Employer are withholding from my payroll, for example, are put into that separate fund. The administrator who is physically paying the claims since the request to the employers in the past however often that is--two weeks, one month. You have had these claims. Please send the check for this money. Mr. LUETKEMEYER. Okay. I am running out of time here. If one of you, probably Mr. Ferguson, I would imagine, could give me just sort of a thumbnail sketch of how this fits into the McCarran-Ferguson act. You know, basically states need to be in charge of health care, yet this comes under sort of an ERISA situation. So can you give us a thumbnail sketch on what applies, what does not apply, how this all fits together? Mr. FERGUSON. Sure. As you mentioned, the Employee Retirement Income Security Act is the controlling main federal regulation that governs self-insured health plans. So as a self-insured health plan, you are regulated under federal law by ERISA principally but then other laws also apply, including as I mentioned, many of the applications and provisions under the Affordable Care Act. The McCarran-Ferguson dictates that the business of insurance is regulated at the states. So we talked a little bit about stop-loss insurance carriers. The stop-loss insurance carriers are state-regulated entities. So you have the plan that is regulated by the Federal government, stop-loss insurance carriers are regulated at the state level. Does that answers your question? Mr. LUETKEMEYER. Yeah. That just adds to confusion. Thank you very much. Mr. Chairman, I appreciate your time. Chairman COLLINS. Thank you. Well, Ms. Hahn and I will now kind of jump in and try to connect some of the pieces. I guess, Mr. Ferguson, let me start with you because you are the Self-Insurance Institute. Just to be clear, an employee designs a self-insured plan. One thing that is a big thing, they do not, as I understand it, have to meet the eight or 10 minimum requirements of the ACA. If they choose to have a self-insured plan, for instance, that does not have a free gym membership or does not have maternity care or contraceptive coverage, they are allowed to do that. That is one of the three or four exceptions. Is that correct? Mr. FERGUSON. You are correct. They are exempt from the essential health benefits rule. But there is a longer answer. They are subject to the minimum value requirement that the plan has to provide minimum value for them to meet their employer mandate requirement as well as their plan participants to meet the individual mandate requirements. So it is sort of an indirect sort of regulation in terms of the composition of the quality of the plan. Chairman COLLINS. So, for instance, if a company had a religious objection to providing contraceptive coverage, they do not have to do it in a self-insured plan. But the point you are making is--I call it the 60 percent rule--their plan actuarial still needs to cover 60 percent of the expected costs that would be incurred. Is that what you are talking about? Mr. FERGUSON. That is correct. Chairman COLLINS. Right. So overall it meets the standards but not ``one size fits all.'' Each company can design the plan they want, which I would like to think is what America should be all about. Now, today we have community-rated plans which a lot of small businesses are in. We have experience-rated plans, which obviously is what Mr. Faria had as a fairly large small company, 160 employees. He was experience-rated each year, and if somehow he had some unhealthy situations, his rates could go up, up, up. If you are that 25, 30, 40 employee company, you are probably in a community-rated plan. And then you have self- insured. And maybe now you throw the exchanges in. But is it fair to say then experience-rated, community-rated, self- insured are maybe the three big things out there? Mr. FERGUSON. I think that is one way to describe it. Chairman COLLINS. And Ms. Frick, if a company at some size, like Mr. Faria, he probably would not qualify for a community- rated plan. Is that correct? They are only going to take him on an experience rated plan, so each and every year they are going to say what happened this year, look back a couple of years, and then design the premium schedule which he could be fortunate it goes up 1 or 2 percent or he could have a bad year and have it go up 30? Ms. FRICK. Typically, the under 100 group size is where you are put into that community-rated pool. But when you get over the 100 you start jumping out of the pool. Chairman COLLINS. All right. So that brings my next question. As companies, and actually, I am looking at this in a couple of my businesses, on the stop-loss, I do not think any small business owner would ever enter into this without stop- loss. So, and I am sure this may vary state-by-state, location- by-location, but is there a point at which somebody wants self- insurance but they cannot get stop-loss? What would that employee, you know, like if you had 25 employees, could it be if I hired you to go find me self-insurance you might not be able to get a competitive stop-loss quote? But if I had 80 or 100 I could? And is there any generalities there? Ms. FRICK. You are right. I mean, that is a fair statement. Because the reinsurance carrier is still looking at they are assuming some risk at some point in time. So how much is it going to cost them on that small group when there is not going to be a lot of premium per se to come out. Chairman COLLINS. Is there a number, like, one thing we hoped to get out of the hearing is--and I am going to talk to FOX News today, is maybe some generalities. Is it 25? Is it 50 employees? Is it 75? Because there may be--there are a lot of people looking at options but we do not want to mislead someone that has got 10 employees who think they can do a self-insured plan and actually get a stop-loss. Mr. FERGUSON. That is a great question. It is an obvious question. And the answer is a little less precise. And the reason for that is as we talked about--now, self-insurance, the larger you get on the continuum, you are more likely to be a viable candidate for self-insurance. So by converse, the smaller you are, the less likely. But you cannot just look simply at the employee size. As we talked about a little bit earlier, to a large extent is a balance sheet. It is a financial decision. And so you may have--let us just take an example--you may have a law firm that has 30 or 40 attorneys that is cash rich, that has a fairly stable workforce that has the financial wherewithal to self-insure. And they may be a great candidate to self-insure. Look at the opposite way. You may have a much larger employer that is really having challenging--does not have much cash reserves. They are a larger employer. They may not be viable for self-insurance because of their financial condition. So it is tough to sort of pin down an exact number. It really is, again, the smaller you get on the spectrum it is certainly more difficult. But to the extent that again you are strong financially--and the other component, too, is, I make the point, is the successful self- insured companies are largely the ones where the principals, the owners, the executives of those companies decide they want to take ownership of the plan. They want to roll up their sleeves and make the plan work. Because one of the advantages of self-insurance is you have the ability to really customize your plan and really make it work well, but it takes some effort. It takes some time. Your executives are going to have to reserve some time. They are going to have to meet with their business advisors. They are going to have to evaluate different things that they want to incorporate as part of their program. So if you have a corporate culture, such as Mr. Faria and his company, where the senior executives are saying, hey, healthcare cost is a high-ticket item on our P&L, we want to do something about it. We understand we are going to have to commit the time, and they do that. The smaller firms can be successful again if they have the financial wherewithal. But the opposite is true. If you are a small business owner and you are just looking at this I just want to save costs but I am not willing to put the time in, do not do it. It is not going to be a good investment for you. Chairman COLLINS. So, Ms. Frick, I have got 75 employees. I am in a community-rated plan, not experience-rated. I am really worried about what my insurance costs are. It is now whatever today is, November 14th or whereabouts, and I have got a short time to make a decision. So I come to you and I say I really want to explore self-insurance as opposed to my community-rated plan that I am offering. What do you do? Could you walk us through step-by-step like the actuarial calculation? You call an insurance company. How do I get stop-loss, et cetera, et cetera. What do you bring forward as far as a network, you know, renting a network, having a network, the blues, getting to. What does the employee seek because he used to a Blue Cross Blue Shield card or some other HMO. So walk us through someone like me coming to you saying I do not know anything much about anything. How do I get started? Where do we go? And what is the timing? Ms. FRICK. Okay, sure. So first, we take your census of eligible employees with all their demographic data--age, gender, zip code--so that you can do---- Chairman COLLINS. Number of family members, et cetera, et cetera? Ms. FRICK. Who is covered under the plan. Then take if any kind of experience is available, even on an aggregated basis. Take that information into consideration. Take your current plan design. Call up reinsurance markets. There are a lot of them. And market it. See who bites, who does not. There will be reinsurance carriers that say no, this is not a risk area based on the industry or the size that we want to take a look at. There are others that are willing to take a harder look. So we get that information back, look at the contract basis, the time period meaning are there claims incurred within 12 months but then paid out in 12 months, 15 months, 18 months. Take a look at the administrators that you have available. Not every third- party administrator will pair with a reinsurance carrier, for example, so you have to make sure that they match. Then who is the pharmacy benefit manager that I want in there? What is the PPO network that I can rent? A lot of times with third-party administrators, they can bring those pieces to the table for you, but certainly, in a self-funded arena you have the option to put together those pieces and parts that work best for you. On the other side, with market innovation, instead of going straight over to the self-funded side, maybe we look at a hybrid. Look at something that looks and smells and is self- funding but still appears or still can function as fully- insured from a premium payment perspective. For example, there are a couple of national carriers out now that have come out with something that is like a level funding plan. So it is self-funded. There is ASO administrative services in there. There is reinsurance. All the pieces and parts, but they set a fixed dollar amount every month as far as premium payment versus that little volatility you will get in a claims payment from a truly self-funded plan. It is a fixed dollar amount. So at the end of the contract period, take a look and see, okay, if I paid less in premium than was paid out in claims, then I have the opportunity to receive a portion of that back. I keep it. It is mine. In a fully-insured market, I am sure you all are aware that if I pay less in premium that the carrier paid out in claims, they keep the money. It is their win. In truly self-funded, that is all my money back. So this hybrid gives the opportunity for them to get a percentage of it back, so a split, for example, with the insurance carrier. Now, on those times when the employer pays more or more claims are paid out than premium is received, obviously there will be adjustment for the next time period to account for claims and expected risk going forward. So it makes a little bit of an easier transition, so it is more stable month-to-month versus the volatility of this month I have 25,000 in claims, next month I might only have 7 and the next month there is 17. It gives some more stability to that employer of that 7,500, 150 space. Chairman COLLINS. All right. So now how long does this take? I call you today. When can you come back at me? Does this take a week, a month, two months? What would you say? Ms. FRICK. I would like to do it in two weeks or less. Chairman COLLINS. Okay. Ms. FRICK. My methodology has always been to have a 60-day lockout period and an agreement with a reinsurer. Meaning 60 days before the effective date the plan is going to be set up, locked in, and if we are going to have a January 1, then we are going to make sure that by October 1st or November 1st at the very latest, we know what we are doing, who we are playing ball with, where the claims are going, who is the pharmacy benefit manager. You pointed out a good illustration about everyone is used to their Blue Cross card or United Healthcare card and it has got that logo on it. Well, the cards that come out still have the logo on it. It still has a network attached to it. Now, maybe it says ABC administrator where the claims go, but the logo for the network is still there, the pharmacy benefit manager, such as an Express Scripts, Caremark is still on there. So it is still identified by the employee as theirs. The pluses in self-funding the employer also throws their log on there a lot of times because they are the ones that are responsible for the plan. Chairman COLLINS. Good. That is I think helpful as, you know, again, people are facing this. Right now, Mr. Faria--by the way, I am a fellow YPOer. I have been in a little bit longer than you. I graduated into once you are 49 years old you become a W, world president organization. So I am officially a WPOer but long-time YPOer. So you are, I am assuming, in a forum group? Mr. FARIA. I am. Chairman COLLINS. So just out of curiosity, eight or 10 guys, you all share your information monthly in confidence, but without breaking a confidence, I am just curious. How many of your fellow eight or 10 forum members are self-insured like you are? Mr. FARIA. That is forum confidential. Just kidding. No, I think there is about two of us out of the eight. Chairman COLLINS. Is it a discussion point that is pretty active right now? Mr. FARIA. A lot of the time. I think, again, as I had mentioned, YPO has done more call-out sessions for our entire chapter to discuss this point, but definitely--and we also have an individual who is affected by the medical device tax and he certainly has had some issues with that, of course. So from time to time it is a discussion. It is not immediately. I think right now everybody has already made their decisions on what they are going to be doing. We kind of planned ahead. Chairman COLLINS. So now yesterday I did meet with Mr. Ferguson ahead of time. He came in a little bit early. We were talking about the fact that you, as the self-insured now get some interesting information monthly or quarterly. You do not know which employee may have gone to the emergency room or which employee is on what particular prescription drug but you get active information, what your cost drivers are, in some kind of aggregated fashion. And as Mr. Ferguson was sharing, sometimes, because now you are bearing the cost, you could make changes in some way or another that would address to maybe incentivize healthier behavior. He gave me the example of maybe lowering a deductible to go to Urgent Care, raising a deductible to go to the emergency room, because you see, oh, my God, I have three employees that just went to the emergency room. They should have gone to an Urgent Care. Share with me as someone four years experienced into self-insurance how you have used that data to either have a healthier workforce or incentivize what we would call cost-effective user-driven behavior. Mr. FERGUSON. Certainly. You gave an example that was one of our true success stories. When we gained access to our data, we do not usually look at it on a monthly basis and we are not reacting like that, but typically, we will evaluate it on a half-year basis or so. But when we first got our data and we compared the national norms, we realized that our employees were using the ER at a higher than national rate. We also were given information to realize that it was not actually emergency care that they were getting. So that these employees were really going to the emergency room for issues that really should have been handled by a physician. So we were able to structure our plan in a way to incentivize people to go to and get a physician. And the benefit of that is obviously I kind of look at it as a win-win-win. The overall plan wins because we are not spending--typically one ER visit for a common visit we are being charged $1,000. The business wins out because we are able to reduce that cost. I look at the employee now wins because they also have a lower cost but now they are developing a relationship with a physician. They are developing a history with that physician so that the next time that they come in it is not that they are just going up to some stranger in the ER. And so this starts to help promote healthy values. And then the other win of this is that the overall health system is now being used more efficiently. The ER is not being used to cure the common cold. A physician is treating that. And so the ER can be focused on more pertinent matters. Chairman COLLINS. So now, Ms. Frick, if you have a pharmacy benefits manager, a formulary, if you will, for your prescription drugs, a company could decide I really want--and really encourage generic drugs--so I am going to have a plan that has got a $5 co-pay for generics but if somebody wants to opt into the name brand, have a significantly higher, again letting the user make that determination, is that something that you could tailor into a self-insured plan? Ms. FRICK. Yes, absolutely. And then I would encourage on top of that to have lesser language so that you are paying the lesser of the co-pay or the retail price of the drug. So you are still encouraging people who need their prescriptions to fill their prescriptions. Still go get your $4 generics if you want to from the Wal-Marts, the Targets, but know that you are not going to pay any more than say if our plan has a $10 co-pay for generics, that is where your cap is. So it is still encouraging the healthy behavior. And I will say to a point on employees, when the employer is engaged in the plan and they take an active look at where there is spend, employees value the plan more. It does not matter if now I have to pay $100 to see the doctor whereas I paid $50 before, if they can see in other areas where the employer is really engaged and understands what is important to his employee population, then they are more likely to tailor their plan better and you will have the more effective measure and usage from the employees. They will stay out of the ER and go to Urgent Care or an after-hours clinic more than they were before. Chairman COLLINS. One last question. If I sign up and I go self-insured and a year in I got, you know what, I did not quite know what I am getting into, is it very easy or just automatic that you could drop that plan at that point and move back into a community-rated plan? Ms. FRICK. You can. However, you need to make sure that you have a run out provision for the claims that were incurred before. So you are either electing the terminal liability and the run out upfront or you are reserving the option to execute it upon the policy termination. You never want to jump in and out of self-funding and fully-insured, back and forth. From an employee perspective, they do not know how it is, as we said before, how the plan is funded, but from an employer and an administrative, that would be a nightmare. Chairman COLLINS. Okay. Before I go to Ms. Hahn to close, I notice that our Congressman from South Carolina has arrived. Mr. RICE. I yield my time. Chairman COLLINS. All right. I guess---- Mr. RICE. I yield. Chairman COLLINS. Oh, okay. He came to listen. Thank you. Mr. Rice, I appreciate you being here. Ms. Hahn. Ms. HAHN. Thank you. I have certainly found this a very interesting hearing. I have certainly learned a lot. Mr. Faria--is it Faria? Faria. You all have said it differently. Mr. FARIA. Faria. Yes. Ms. HAHN. So I am just curious about a couple things. Now, you talk about having a gold plan, which sounds admirable. How does that compare to what the Affordable Care Act is qualifying as a gold plan and the benefits that have to be offered? Mr. FARIA. To the best of my understanding, that is why I am saying gold. I am comparing it to an Obamacare gold plan. Ms. HAHN. Okay. So you, even though some of these consumer protections under the ACA do not apply to self-funded groups, you have decided to cover those? Mr. FARIA. Yes. Ms. HAHN. So you do not discriminate against someone who has a preexisting condition or being a woman. Mr. FARIA. Not at all. Ms. HAHN. Not at all. So that is admirable. One of the things I am interested in, and I do not know if Ms. Frick or Mr. Faria could speak to that, so when the reinsurance company is analyzing your company and determining what they would charge you, what are they looking at and what are they charging more for? Ms. FRICK. They look at the current plan design or the plan design that you have created. And every piece in part to that plan has an actuarial value. So there is a value to the plan itself, just as we know we have the minimum value at the 60 percent, so we all understand how that works. But then when they look at the potential risk or the health conditions--let us say it is a known factor, that we know what some health conditions are, there is a dollar amount that is associated with the cost of the care of those particular measures. And then further, has the employer or its administrator or a disease management company helped to take steps to mitigate some of those claims? For example, for diabetes management, I have put in a plan before where it was not opt in or out. First fill of a diabetic drug the patient was put into the plan. They were now followed by the nurse. I would rather pay more in pharmacy costs as an employer than more costs for the medical part because you are going to pay--that person will have more medical problems over time if they do not control their disease and have disease management with healthier living, taking the required medications, have their timely A1 season, something of that nature. So the reinsurance carrier takes a look at everything so they have an understanding of okay, that employer has now decided that they are going to have a $50,000 specific deductible for each person on the plan. So where does that put me after the 50 for this employer, for the diseases or health conditions that are contained therein. Where does that place me? If I see that the employer is assuming more of the risk upfront on the first dollar, then that is better for me. I will reduce it a little bit. If I see that I will potentially take more on the backend from a reimbursement perspective and now I am funding that, then I am going to have to put some more into my rates. On the flipside, they can also laser, but a laser is just putting either a different contract on an individual or a higher specific deductible on that individual. They are not excluding them from having reimbursable claims. They are saying if my specific is at 50 but because Susie-Q's specific--because of her conditions is now at 100,000, then the reinsurer will start reimbursing after her 100,000 claims and the employer has taken the first 100. They are not excluding her from coverage. They are not excluding her from reimbursable claims. They are just putting---- Ms. HAHN. What would be some examples of some laser contracts? Ms. FRICK. Kidney disease. End-stage renal failure. High dollar premature babies that have been born that it is obvious that they will have longer time for recovery, they will have multiple surgeries going forward. Those are typically the two highest cost drivers. Ms. HAHN. And do you have any laser contracts, Mr. Faria? Mr. FARIA. Yes, we do, actually. We had a situation where an individual has some cancer and they were lasered. I will say that the laser does add some risk to the self-insurance plan. You can have a situation where a person gets cancer and then the reinsurer comes in and says we are going to laser, meaning that their deductible now is let us say 300,000. I will say, however, that there are plans out there, and we have actually signed one now, that you can have a no laser contract so for an additional amount of money you can actually put forth and say that next year when we reapply, there will not be any lasers. Ms. HAHN. And does your employee who has been lasered, do you charge them more? Mr. FARIA. No. Ms. HAHN. No? Mr. FARIA. No, we do not do that. Ms. HAHN. So everybody pays the same? Mr. FARIA. Right. I mean, we have a tier based off of whether you are single or have a family. We also have a tier based off of how the person scores on the physical, their biometrics, how they are doing in improving healthy living. Ms. FRICK. I am sorry to interrupt. May I make a comment to your question about lasers and what employees pay? Ms. HAHN. Right. Ms. FRICK. The employee typically has no idea what their laser is. They see their plan benefit design. They see I have $1,000 deductible and a $20 office visit co-pay. The stop-loss deductibles and the lasering is on the financial funding side of the plan. So his employee that might have that $300,000 does not know that he is responsible for $300,000 of her first dollar claims versus 50 for mine. Ms. HAHN. Got it. So the other thing that was interesting was you having access to the data. Now, you do not have access to the individual employee and whether or not they went to the emergency room, or you just have a cumulative---- Mr. FARIA. Right. It ends up being cumulative. Ms. HAHN. But do you know who the employees are? Mr. FARIA. I would say that you do not have direct names. Ms. HAHN. You can figure it out? Mr. FARIA. Unfortunately, in a small business environment, you do know that a certain employee might have been out and to the hospital for a period of time and you will get claim data that said this particular surgery happened at that point in time. Ms. HAHN. Yeah, you know, I have been having an open mind about this but that part of it really would bother me as an employee. That is a real loss of privacy with your employer. It is one thing for your insurance company to have that information. It is another thing for your boss to know what is going on in your personal life and why or why not you have chosen to seek medical care. So that part bothers me. What do they feel about it? Mr. FARIA. Well, I think in a lot of cases, in fact, most of the cases, just the environment that we have created, kind of a family culture, in most of the cases---- Ms. HAHN. I would not want my own family to know when I go to the emergency room. Mr. FARIA. Yeah. I mean, we are hearing that information actually from the employee themselves so that it is not really a situation where we are finding out that through nefarious means. But I will have to say that is an issue. And just like everything, the wrong person with that information can make some bad decisions. But now we are talking almost like fraud or a HIPAA violation. Somebody has to really kind of break the law to really start utilizing that information. Ms. HAHN. Right. Except you are not a doctor so you have not really taken a Hippocratic oath. Dr. Blumberg, so in your report, Small Firm Self-insurance under the Affordable Care Act, you present a situation in which a stop-loss insurance plan would pay for all medical costs. The employers would bear no risk and the stop-loss insurance would essentially act as a traditional health insurance without several ACA regulations. Would you elaborate a little bit on that because I am getting sort of mixed messages here about what these stop-loss or these reinsurance companies actually are. Are they just reimbursement financial vehicles or are they, in fact, acting like health insurance? Ms. BLUMBERG. Sure. And I think the lines begin to blur a bit. And some of it is the increased incentives for these small firms to self-insure under the ACA without other action being taken. And the reason is that most states today do not regulate the definition of stop-loss insurance, and neither does the Federal government. So as a consequence, we are seeing more and more ``attachment point'' plans being issued. Some regulators in Michigan, for example, informed us that they are seeing not only more stop-loss policy forms being filed with regard to small firm coverage but with much lower attachment points, as low as they have seen $5,000. And so what that means is if there is no regulation that defines what stop-loss means, then you could sell--not that I am saying these folks do, but you could--others could sell a stop-loss plan with a zero dollar attachment point. And what that would mean is essentially it would act as unregulated health insurance. So if the employer that was self-insuring, for example, said I am going to have a $1,000 deductible plan, a zero dollar attachment point on a stop-loss plan would mean that the stop-loss plan would start to reimburse after the individual hit their $1,000 deductible. So when you do not define regulatorily what stop-loss is, then stop-loss can morph into whatever you want it to be. Ms. HAHN. In terms of what the self-insured employer has-- what kind of plan they have created? Ms. BLUMBERG. Right. So the self-insured employer can decide, okay, as I used as an example, I am going to have a $1,000 deductible plan for my employees with a 15 percent co- insurance on expenses over that just to lay something out simply. Ms. HAHN. Right. Ms. BLUMBERG. And then they can go and buy a stop-loss policy that is going to internalize all of the claims that would come into the firm beyond what the individual is required to pay. But because it is referred to as stop-loss and it is sold by a reinsurer, then that means that the individual--the individual firm that is providing a self-insured plan to its workers, is not subject to the regulations, the premium rate regulations, the essential health benefit regulations, the actuarial value rules within the Affordable Care Act for other small fully-insured firms. Ms. HAHN. So if this--and I know in California, we have actually passed legislation that would prohibit stop-loss insurance from issuing plans with specific deductibles under $35,000 to small businesses with less than 100 employees. So do you think that kind of regulation is helpful? Ms. BLUMBERG. It is helpful. According to the actuaries at the National Association of Insurance Commissioners who have reevaluated the situation very recently, that $35,000, which is helpful, is still too low in terms of the level at which we want to dissuade more vulnerable small businesses from taking the self-insurance option. And while there are a number of regulations under ERISA to which these small self-insuring firms are subject, as was mentioned earlier, the issue is really that the specific regulations to which they are exempted from are precisely the ones that are changing the way that small group insurance is priced under the Affordable Care Act. So it is not so much the number of them as which ones we are actually talking about. And so that is important to keep in mind is that once you give people an out to the very rules that determine how risk is shared in a small group market, you can have a very significant effect. Ms. HAHN. And maybe for the whole panel, how do we strike a balance between the need to protect firms against unexpected costs and the need for an affordable method of insurance for small businesses, including small businesses that choose to go to the exchanges, and how do more self-funded and reinsurance combined, how is that going to affect small businesses going onto the small business exchange? Does anybody have---- Ms. BLUMBERG. Well, I can comment. There are very direct implications as our analysis showed for those small firms that want to buy fully-insured products. Once you have basically an outlet from the sharing of risk for potentially the healthiest and most financially valued firms. So if you have self- insurance and it is easy to go back and forth, even with some financial risk for the healthy small employers, the implications are that the average risk in the fully-insured market, which is both the exchange and outside of the exchange, the way that a lot of the small employers are buying already today, it ends up increasing their risk very substantially. So the idea is you can salvage the stability and the security of the plans and the average price of the plans that are expected to emerge in the new small group fully-insured market by limiting the number of small employers who would end up going into self-insurance either by increasing the attachment point at which they can buy stop-loss coverage or by prohibiting its sale for small firms. Ms. HAHN. Thank you. Thank you. Chairman COLLINS. Well, thank you. Let us see. It is 11:35 and the president is going on the air as we speak announcing that he is going to allow insurance companies to continue to offer plans that have been canceled. We will just see where that ends up, but I guess that is happening even as we speak. I want to thank all the members for speaking today. This testimony is very timely, and the issues are real. Certainly, Dr. Blumberg does point out that as small employers look to control their own costs, to control their own profits and their future, in doing so there could be a negative impact on the community-rated pools. But I would point out that happens today because the large employers are all self-insured. So when you really look at what is happening today, that segmentation of risk has happened in a huge way because any and all employers with over 500 employees are all self-insured. And so it is just a true statement as people peel out and they manage their own risk as Mr. Faria is managing his and understanding how to incentivize good behavior, going to Urgent Care instead of emergency rooms. As that happens, the pool of folks left in the community-rated pools may get more and more toxic from a standpoint of risk and hence, cost. But there is nothing perfect in life and I think small business exists to produce a product, to make money, to grow their business, create jobs, and anything we can do to help small business create jobs by controlling their costs is, in fact, the biggest benefit that we have and the biggest problem we have in this country today is a lack of jobs. So for that reason I know I am going to and the Committee will certainly be suggesting to someone--and I will pick the number, over 25 employees--to go out and take a look at self-insurance. It is not going to be perfect for everyone. Buyer beware as was also pointed out. Make sure you have got a good TPA. Make sure that TPA has got a good pharmacy benefit manager. Make sure that you understand your risk on the stop-loss piece, both individually and in the aggregate. And it is going to take time but I certainly, as it is mid-November, would encourage any and all companies. And as I understand it, many could do so and decide to kick it off on April 1st. When they sign up for community plan, generally they are not locked in. So again, I want to thank you all for coming. I think this was very timely and I, to the best of my knowledge, pretty much covered, crossed most of the Ts and dotted the Is. I will ask unanimous consent that members have five legislative days to submit statements and supporting materials for the record. Seeing no objection, so ordered. The hearing is now adjourned. Thank you again. [Whereupon, at 11:18 a.m., the Subcommittee was adjourned.] A P P E N D I X [GRAPHIC] [TIFF OMITTED] T5594.001 INTRODUCTION AND EXECUTIVE SUMMARY Good morning Chairman Collins, Ranking Member Hahn and members of committee. My name is Mike Ferguson and I serve as President and CEO of the Self-Insurance Insurance Institute of America, Inc. (SIIA). I am pleased to join you here this morning for such an important and timely hearing. SIIA is a national trade association that represents companies involved in the self-insurance marketplace, including self-insured organizations and their business partners, mostly in the small and midsized market segments and represent both private employers and union-sponsored Taft-Hartley plans. My testimony this morning will address six general areas that should be of interest to the committee.What is Self-Insurance and How Does it Differ from Traditional Health Insurance Who Self-Insures The ACA and Self-Insurance Trends The Advantages and Disadvantages of Self- Insurance Federal Regulation of Self-Insured Group Health Plans Stop-Loss Insurance Overview and Marketplace Demographic WHAT IS SELF-INSURANCE AND HOW DOES IT DIFFER FROM TRADITIONAL HEALTH INSURANCE? Should an organization wish to sponsor a group health plan for its employees or members it has two basic options. The first option is to purchase a traditional group health insurance policy from a licensed health insurance carrier. Under this arrangement, the organization pays the insurance carrier a fixed premium and the carrier provides health care coverage to the group in accordance with specified policy terms. By choosing the traditional insurance option, the organization transfers the health care-related financial and legal risk to the carrier. The other option is to retain the financial and legal risk through the use of a self-insured group health plan. This is also known as self-funding. Under this arrangement the organization pays eligible health care claims as they are incurred, either directly like other business expenses or through a separate trust. Self-insured employers typically outsource claims administration functions and retain stop-loss insurance as a financial backstop for catastrophic claims. WHO SELF-INSURES? According to the 2013 Employer Health Benefits Survey, 61% of covered workers in private employer plans receive coverage through self-insured arrangements. Of more particular interest to this committee is that 16% of small employers with 3-199 workers are self-insured. This is up slightly from 15% in 2012. But self-funding is not limited to the private employer marketplace. It is estimated that there are about 1200 union- sponsored Taft-Hartley health plans serving a variety of industries and that more than half are self-insured. And again, of particular interest to this committee, many of these self- insured Taft-Hartley plans are small, with as few as 50 to 100 members. Given these statistics, it's clear the topic of self- insurance is important to both the business and labor communities. And it's also clear is that self-insurance is not simply a privilege for the very largest organizations. THE ACA AND SELF-INSURANCE TRENDS Now that I have provided this general background information, let me address a recurring question of what effect has the Affordable Care Act had on the decision process of smaller employers who may be considering self-insurance? Recent pronouncements by many policy-makers and pundits that by self-insuring organizations are able to bypass ACA regulatory requirements and operate health plans with little or no consumer protections are misleading. As my testimony will demonstrate, smaller organizations that choose to self-insure actually subject themselves to more regulation, not less. In this regard, we respectfully dismiss the conclusion by some that the decision to self-insure is influenced by the objective to ``get out of Obamacare.'' Rather, it is our view that the ACA is more of an indirect factor in the decision to self-insure for smaller organizations. This more nuanced conclusion is based on the belief that the primary motivating factor of most organizations that have or are considering the self-insurance option is that they want to take more control over the cost and quality of the health benefits they are providing to their plan participants over the longer term. While we will leave to other stakeholder groups to make broader statements about the merits of the ACA, we believe it is fair to say that the law has created added uncertainty in the health care marketplace and contributes to more acute cost fluctuations, at least in the short run. So in this current post-ACA environment, self-insurance does provide smaller organizations more certainty in their ability to be able to continue to provide quality health benefits along with will providing them better costs containment capabilities. Now that we have established the size and diversity of the self-insurance marketplace and provided some general commentary on how the ACA has influenced this marketplace, let's talk about the advantages and disadvantages of self-insurance in order to better understand how organizations must consider this plan funding decision. DISADVANTAGES OF SELF-INSURANCE It's important to state right up front that self-insurance is not the right option for all organizations. Smaller organizations, in particular, should carefully consider what it means to be self-insured. Financial Liability The primary consideration is that as a self-insured organization, you are responsible for paying all eligible health care claims incurred by plan participants. While stop- loss insurance provides for a limited reimbursement mechanism for higher cost claimants, the self-insured organization accepts all financial liability for the group health plans. Simply stated, if you are not prepared to cut checks to pay providers, you should not be self-insured. Legal Liability In addition to accepting financial liability, self-insured plan sponsors also subject themselves to significant legal liability. Plan fiduciaries (normally organization executives) are subject to civil and criminal penalties under the Employee Retirement Income Security Act (ERISA) to the extent that plans are not administered in the best interests of the participants. Simply stated again, if you are not prepared to understand and ensure compliance with applicable federal law, you should not be self-insured. Time and Focus Commitment While self-insurance allows plan sponsors more flexibility to deliver quality health benefits in a more cost effective way, sponsors commit the necessary time and focus to design and manage their plans in order to achieve the desired results. So the final simple statement is that if you are not willing to make this commitment, you will likely be better off in a traditional, fully-insured arrangement. ADVANTAGES OF SELF-INSURANCE There are many reasons why organizations conclude that self-insurance is the best health plan funding option, despite the considerations noted above. More Cost Effective Than Fully-Insured Plans A well run self-insured health plan is generally less expensive over time compared with the traditional insurance options. The ``over time'' caveat is important because claims experience often varies from year-to-year. Traditional insurance premiums must account for the carrier's marketing cost and profit margin, among other cost escalators that are not applicable to self-insured plans, as they are essentially not-for-profit health plans. Plan Design Flexibility Federal law provides self-insured plans greater flexibility in designing benefit packages that better meet the specific needs of their plan participants. For example, organizations with a predominately female workforce can structure their plans to incorporate more robust health benefits that would be utilized by female plan participants. Self-insurance plans can also structure more innovative reimbursement arrangements with health care providers. Improved Cash Flow Self-insuring allows claims to be funded as they are paid. Fully insured premiums constitute a form of pre-payment. With self-insuring, a plan pays health plan costs only after the services have been rendered. Insurers set health insurance premiums at levels that anticipate projected increases in healthcare costs--usually well in excess of the actual rise in costs. Ownership of Health Claims Data Health claims data is extremely valuable for plan design purposes. But under traditional insurance arrangements, carriers maintain that they own this data and employers cannot get access to it. By contrast, self-insured organizations have control over this data and can use it to help deliver benefits more efficiently and control costs. ERISA Preemption of State Regulation ERISA provides uniform regulatory stability to employers that operate in several states, so those companies do not have to adopt a patchwork of design variations to comply with various states' requirements. This is particularly important for multi-state organizations. Incorporation of Value-Based Benefits and Wellness Programs As medical costs have skyrocketed, self-insured plan sponsors have been taking steps to reduce medical costs by emphasizing prevention and maintenance care for chronic diagnoses. Employees have the flexibility to design and integrate into overall strategies, health risk assessments, prevention and wellness programs tailored to the employer's specific employee demographics and needs. FEDERAL REGULATION OF SELF-INSURED PLANS Some health care market observers contend that policy- makers should be concerned about employers switching to self- insured health plans and purchasing medical stop-loss insurance in order to ``dodge'' requirements and fees applicable to fully-insured health plans as provided for by the ACA. They further argue that such a trend will contribute to adverse selection and therefore compromise the viability of the health insurance exchange. SIIA believes this analysis is inaccurate based on a review of how self-insured plans are actually regulated and the recent findings of the RAND Corporation on this subject. For purposes of our discussion, we will focus on non- grandfathered self-insured plans, which by definition include organizations who have switched to self-insurance since the passage of the ACA. Non-grandfathered self-insured group health care plans, regardless of stop-loss insurance arrangements, are subject to almost all ACA health care market reforms, including: Prohibition on annual & lifetime limits Coverage of dependents up to age 26 Prohibition on discrimination based on preexisting conditions Coverage of preventative services Summary of benefits and coverage Disclosure of plan transparency Right to external claims denial reviews Limitations on waiting periods Right to provider designations Mandated coverage of emergency services Of the few ACA health care market reforms that do no not apply to non-grandfathered self-insured health plans, there are specific reasons why as follows: Medical Loss Ratio - As self-insured plans are essentially non-profit entities with the fiduciary requirement to use plan assets for the exclusive benefit of the plan participants, there is no ``profit margin'' to regulate. Review of Rate Increases - Again, as self-insured plans are non-profit entities and prohibited from using plan funds for any other purpose, sponsors have no incentive to increase rates any more than the rate of increase of medical claims and expenses. Essential Health Benefits - Existing federal law (ERISA) explicitly declares that self-insured group health plans should not be subject to state law. The ACA delegates the establishment of EHB standards to the states. Self-insured plans are subject to other federal mandates, so if Congress intended these plans to subject to EHB requirement the law would have been drafted accordingly. That said, self-insured groups health plans are subject by the ACA's minimum plan value rules and cannot establish coverage dollar limits on benefits that are deemed to be EHBs. Finally, self-insured employers have a significant human resource incentive to offer quality health benefits. Self-insured group health plans (grandfathered and non- grandfathered) are highly regulated by other federal laws such as ERISA, HIPAA and COBRA that existed prior to the ACA. Consumer protection requirements/mandates under these laws include: Prohibited from denying coverage based on preexisting conditions Prohibited from discriminating on cover based on health status Mandated internal review procedures Privacy protections Plan fiduciary standards Prohibited from rescinding coverage for non- fraudulent purposes Continued access to coverage post job termination Will Self-Insured Health Plans Contribute to Adverse Selection With Health Insurance Exchanges? It is SIIA's view that there may be many factors which could contribute to adverse selection among the federal state health care exchanges but the growth in the self-insurance marketplace is not one of those factors. In support of this view, RAND Corporation concluded in a 2012 report that if small groups have the option to leave the insurance exchanges to self-insure, there would be no negative effects in terms of pricing for the remaining groups--no adverse selection would result. A key excerpt of the report follows: ``However, eliminating the option to self-insure does not substantially reduce premiums on the SHOP exchanges. This is because when self-insurance is not an option, most firms that would otherwise have self- insured decline to offer coverage rather than moving to the exchanges. This result is driven by the assumption that self-insured workers have low health insurance costs relative to wages. Although the majority of people who would otherwise have enrolled in their employers' self-insured plans find coverage elsewhere, these enrollees are spread out across other employer policies, individual exchanges, SHOP exchanges, and Medicaid. As a result, they have little effect on the cost of premiums.'' STOP-LOSS INSURANCE OVERVIEW AND MARKETPLACE DEMOGRAPHICS Stop-Loss Insurance Overview As referenced earlier in this testimony, virtually all smaller and mid-sized self-insured organizations retain stop- loss insurance to provide a financial backstop to guard against catastrophic claims. In this regard, I believe it would be useful to clearly explain what stop-loss insurance is and how it differs from traditional health insurance as it is more closely related to liability insurance products than health insurance products. Quite simply, stop-loss insurance provides financial reimbursements to self-insured organizations for health care payments that exceed pre-determined levels, known in the industry as ``attachment points.'' Stop-loss policy attachment points can either be for specific plan participants and/or for total claims incurred by the plan, known as ``aggregate.'' Unlike health insurance, stop-loss insurance does not cover individuals nor pay health care providers regardless of attachment point levels. It can only reimburse the sponsor or the plan for health payments in excess of the attachment point. Stop-Loss Insurance Marketplace Demographics Milliman released a report earlier this year commissioned by the Self-Insurance Educational Foundation (SIEF) highlighting key policy characteristics found in the U.S. employer medical stop-loss (ESL) market. The underlying policy data was provided by eight of the largest stop-loss carriers which collectively represent approximately 50% of the market. Milliman therefore assumed that the data is a reasonable approximation of the entire ESL market. A summarization of this data revealed the following: Employers with 100 or fewer covered employees represent approximately one-quarter of the ESL market if the market is measured by count of employers. If measured by covered employees, however, that same segment represents only 2% of the ESL market. Most ESL purchasers obtain both specific and aggregate stop-loss. However, employers with over 1,000 employees are more likely to purchase specific stop- loss without aggregate. Very few employers found in the underlying data purchased aggregate coverage without specific stop-loss. The data included employers that purchased specific deductibles ranging from $5,000 to $2,000,000. However, 81% of employers purchased deductibles of $50,000 or greater. The median specific deductible found in the calendar year (CY) 2012 data across all plans was $80,000. For groups with 50 or fewer covered employees, the median deductible was $35,000. For groups of 51-100 employees, the median was $45,000. Less than 0.2% of specific stop-loss policies had specific deductibles of $10,000 or less. About 0.3% of specific stop-loss policies were written with specific deductibles of less than $20,000. The data included employers that purchased aggregate corridors ranging from 110% to 200% of expected claims. By far, the most common corridor (found on 90% of policies with aggregate coverage) was 125% of expected claims. CONCLUSION In conclusion, I would like to thank the committee again for this opportunity to provide input on the increasingly important topic of self-insurance and I look forward to addressing any questions you may have. Additional Information about self-insurance can be accessed on-line at www.siia.org. [GRAPHIC] [TIFF OMITTED] T5594.002 [GRAPHIC] [TIFF OMITTED] T5594.003 [GRAPHIC] [TIFF OMITTED] T5594.004 [GRAPHIC] [TIFF OMITTED] T5594.005 [GRAPHIC] [TIFF OMITTED] T5594.006 [GRAPHIC] [TIFF OMITTED] T5594.007 INTRODUCTION AND EXECUTIVE SUMMARY Good morning Chairman Collins, Ranking Member Hahn and members of committee. My name is Thomas Faria and I am President and CEO of Sheffield Pharmaceuticals. I would like to thank you for this opportunity to speak with you today with regards to my experience on utilizing self insurance options to provide affordable health insurance to the employees of my company. I believe that self insurance can be a powerful option to help the right small businesses understand and control the continuously growing burden of health care costs. My Testimony this morning will address four general areas that should be of interest to the committee. A brief background on Sheffield Pharmaceuticals Sheffield's experiences that led it to decide to self insure Sheffield's experience with self insuring My opinion on and examples of the benefits of self insurance for small businesses COMPANY BACKGROUND Sheffield Pharmaceuticals is a family owned, mid-sized manufacturer of over the counter toothpastes, creams and ointments located in New London, Connecticut. Sheffield has a proud history of manufacturing in New England with the company originally being founded in 1850 by its namesake Dr. Washington Wentworth Sheffield, the man who is also credited with being one of the first inventors of toothpaste. For over 160 years Sheffield has strived to provide quality, affordable, domestic made health and beauty products to the American consumer. Today, Sheffield manufactures and sells over 22 different types of tubed drug products to every major retail and discount store chain in the country. Over the past decade Sheffield has grown to a company with roughly $30 Million in revenue and an employer of 162 workers. Sheffield provides health insurance to 75 of these employees and their families. SHEFFIELD'S DECISION TO SELF INSURE Like all big and small businesses, every year at the beginning of spring, Sheffield would evaluate its health care costs and send its health insurance plan out to bid to try to gather competitive quotes. While, every year a modest increase was expected, starting in 2005 the increases began to average over 10% per year. At times we would look to lessen the blow of this increase by either increasing the employees' share of premiums or by cutting back on some of the benefits. This worked somewhat effectively until 2008. In that year, a small amount of employees in the company experienced significant health issues which drove our utilization up. In response, our existing health insurance provider increased our rates 25%. This was followed up in 2009 when our provider told us that due to our high utilization our rates would increase 39% while other providers quoted higher. The company began at that point earnestly looking at Self Insurance as a viable option. We weighed the potential positive benefits of being able to gain greater awareness and mastery of our total health care costs versus the potential negatives of not having a fixed cost to budget along with the potential for a catastrophic occurrence to severely impact our costs. We knew that, due to the relatively good health of our employees, the odds of having another high utilization year were very low. When we asked our insurance broker if he expected the insurance provider to reduce premiums following a better utilization year and he answered no, the decision to move to self insurance became an easy one for the company. SHEFFIELD'S EXPERIENCE WITH SELF INSURANCE While switching to self insurance provided a new set of challenges and has at times been a bit nerve racking in high utilization years, our decision to self insure has been a good one. Based on estimates of the yearly average increases that the traditional health care plans charged in Connecticut for plans of our size, we believe that self insuring saved the company over $400,000 over the span of four years (see exhibit A). This dollar figure amounts to roughly a 19% savings over the expected costs of insuring traditionally during this period. Our success with self insurance has allowed the company to realize savings which have allowed it to still provide ``Gold'' caliber insurance coverage to its employees that covers 75% of the total health care costs, all while holding the overall costs to the employees in check. BENEFITS OF SELF INSURANCE TO SMALL BUSINESSES There are many benefits that self insurance can have for businesses that have the right conditions and mindsets to utilize it. First, as shown above, self insurance can have the ability to save individual business plans considerable costs. This however comes at the expense of having health insurance costs fixed for a period time. Secondly, it allows access to cost data that can show not only where a company spends it health care dollars but also allows for comparison against national norms. When a company knows these costs it becomes more responsible for them. Thirdly, this cost transparency can allow a business to develop its individual plan to educate and incentivize its consumer activities to most efficiently use health services, reducing both the business's, consumers' and overall health system's costs. Finally, self insurance encourages companies to invest now in education, incentives for healthy6 living and preventative care to help promote long term healthy behavior changes in its workforce. This leads to better lives for their workers and hopefully can help stem off major and expensive health issues in the future. A perfect example of the benefits of the transparency that self insurance provides small business occurred when after a year of utilizing self insurance we examined our data on health costs. The data showed that our employees had a higher utilization of the Emergency Room than what should have been expected. Further analysis showed that some employees were utilizing the ER for non emergency care items that normally should be handled by a physician, who typically charges a quarter of what hospitals do. By doing this, not only were these employees unknowingly increasing the costs to themselves and the plan but also they were negatively impacting their future health by not creating a regular relationship with a primary physician. By adjusting our plan to incentivize employees to find and utilize physicians instead of the emergency room, Sheffield was able to use its health data in a way that reduced overall employee and plan costs while also benefiting the current and future health of its employees. As an example of how self insurance motivates companies to invest more into the health of its employees, once Sheffield had committed long term to being self insured, we established several programs aimed at educating and incentivizing healthy habits amongst our employees. Along with paying for yearly physicals, Sheffield also rewarded employees who received yearly physicals with reduced premiums. This allowed employees and their physicians an opportunity to develop a health history and address potential major health issues before they occur. In addition to the physicals, Sheffield has developed rewards programs for employees that work towards maintaining healthy biometric levels, including cholesterol, blood pressure, body mass index and smoking activity. By addressing these important health factors now we believe our employees' future health can be dramatically improved. I do not believe that if Sheffield was in a traditional insurance plan we would have invested in these activities as the present day costs would have not translated into long term savings in a traditional plan. CONCLUSION In conclusion, I would like to thank the committee for the opportunity to speak with you on a topic that I believe can and should be an important part of helping solve America's health insurance woes. Sincerely, Thomas Faria President and CEO Sheffield Pharmaceuticals [GRAPHIC] [TIFF OMITTED] T5594.008 [GRAPHIC] [TIFF OMITTED] T5594.009 [GRAPHIC] [TIFF OMITTED] T5594.010 [GRAPHIC] [TIFF OMITTED] T5594.011 [GRAPHIC] [TIFF OMITTED] T5594.012 [GRAPHIC] [TIFF OMITTED] T5594.013 [GRAPHIC] [TIFF OMITTED] T5594.014 [GRAPHIC] [TIFF OMITTED] T5594.015 [GRAPHIC] [TIFF OMITTED] T5594.016 [GRAPHIC] [TIFF OMITTED] T5594.017 [GRAPHIC] [TIFF OMITTED] T5594.018 [GRAPHIC] [TIFF OMITTED] T5594.019 [GRAPHIC] [TIFF OMITTED] T5594.020 [GRAPHIC] [TIFF OMITTED] T5594.021 [GRAPHIC] [TIFF OMITTED] T5594.022 [GRAPHIC] [TIFF OMITTED] T5594.023 [GRAPHIC] [TIFF OMITTED] T5594.024 [GRAPHIC] [TIFF OMITTED] T5594.025 [GRAPHIC] [TIFF OMITTED] T5594.026 [GRAPHIC] [TIFF OMITTED] T5594.027 [GRAPHIC] [TIFF OMITTED] T5594.028 [GRAPHIC] [TIFF OMITTED] T5594.029 [GRAPHIC] [TIFF OMITTED] T5594.030 [GRAPHIC] [TIFF OMITTED] T5594.031 [GRAPHIC] [TIFF OMITTED] T5594.032 [GRAPHIC] [TIFF OMITTED] T5594.033 [GRAPHIC] [TIFF OMITTED] T5594.034 [GRAPHIC] [TIFF OMITTED] T5594.035 [GRAPHIC] [TIFF OMITTED] T5594.036 [GRAPHIC] [TIFF OMITTED] T5594.037 [GRAPHIC] [TIFF OMITTED] T5594.038 [GRAPHIC] [TIFF OMITTED] T5594.039 [GRAPHIC] [TIFF OMITTED] T5594.040 [GRAPHIC] [TIFF OMITTED] T5594.041 [GRAPHIC] [TIFF OMITTED] T5594.042 [GRAPHIC] [TIFF OMITTED] T5594.043 [GRAPHIC] [TIFF OMITTED] T5594.044 [GRAPHIC] [TIFF OMITTED] T5594.045 Mr. Chairman, I want to thank you for holding this hearing and highlighting the value of self insurance as an affordable option for small businesses seeking to provide their employees with quality health care. As a former Chairman of the Self Insurance Institute of America (SIIA), a former senior executive of two large Blue Cross health plans and a former owner and current operator of a third party administrator, I can tell you that self insurance is an important model that is being adopted rapidly all over the country. Given my extensive experience owning and operating third party administrators (TPAs), I can tell you that not only do self-insured plans provide businesses with an opportunity to generate significant savings but they provide employers with more flexibility to customize health care benefits for their employees. The commercial health insurance market has been steadily moving from fully insured to self insured for over three decades. Today 61% of all employers in the U.S. self insure and the small group health insurance market is looking to self insurance as a more attractive method of providing health benefits to employees. According to the Kaiser Family Foundation, 16% of small businesses currently self insure their medical benefits. Many industry consultants believe that the cost advantage of self insuring will drive the small group market to over 50% self-insured. As a former senior executive of health plans, I can attest that the trend toward self insurance is undesirable for the large national health insurance carriers. The reason for this is that these large health insurance companies make much more money from fully insured clients than self insured clients. In many cases, I have seen that these companies make 300% to over 500% more profit on fully insured books of business compared to self insured business. Fully insured small employers with less than 500 employees are generally the most profitable groups for the insurance carriers. Needless to say, they have a strong financial interest in deterring smaller employers from making the switch to self insurance. Traditionally, self insurance is about 4-10% cheaper than buying a fully insured health policy, and given the costs of Obamacare that self insured plans avoid, this savings advantage is projected to grow to over 15%. Yet despite these significant savings, many states are trying to limit access to smaller employers. Add to this that some health insurance carriers, through pervasive market practices, are artificially inflating costs for self insured plans. In an attempt to protect their profits, some plans use tactics to block their self insured clients from enjoying free and open choice of vendors for their health plan, even though when an employer self funds, they should have full control of how their dollars are spent. Since the insurance company is only providing administrative back office services like claims processing for self funded groups, not taking risk, this practice is very restrictive. For example, some carriers block independent specialty service companies from offering medical cost saving solutions that would make self insurance even more financially attractive. Specialty companies focus on driving cost savings and quality improvements within a particular type of medical service such as pharmacy, vision, dental, mental health, radiology, oncology, fertility, transplant management and physical therapy. Further, many states ban smaller group self insurance or create limitations by artificially forcing larger deductibles on reinsurance for these smaller employers. These regulations amount to a restraint of trade designed to perpetuate the state tax revenue derived from fully insured plans. While many states claim they limit small employer self insurance because they want to protect those constituents, statistics show that small employers can benefit from this alternative insurance and strengthen their financial outlook. Several large carriers will refuse to release the claim experience for their insured smaller employers so that these customers cannot get competitive self insurance proposals. This practice is common and reflects further restraint of trade by these dominant insurers while protecting their bottom lines. These regulations and business practices have impaired the self insured market, making it much less cost effective than it would otherwise be under a truly free and open competitive market. I felt it important that the Small Business Committee is made aware of these detrimental market practices and I encourage further investigation. I appreciate your consideration of my testimony. Sincerely, Lawrence Thompson Regional President POMCO Group House Committee on Small Business Subcommittee on Health and Technology Hearing November 14, 2013 Self-Insurance and Health Benefits: An Affordable Option for Small Business? Statement for the Record Rep. Bill Cassidy (LA-6) Chairman Collins, Ranking Member Hahn and members of the committee. Thank you for the opportunity to submit my statement for the record. Over 100 million Americans are currently covered under self-insured health plans. The trend towards self-insurance has been increasing for years, with 61 percent of the commercial health insurance market currently covered under self-insurance. Therefore, it is imperative to understand that self-insurance market and protect it as an option for businesses throughout the country. Self-insurance provides employers with the flexibility to customize their employee health benefits to best meet the needs of their workforce. Self-insurance also helps control costs because employers can more directly manage programs such as wellness programs, which save money and make people healthier. Unlike traditional health insurance, self-insured employers take on the risk for their employees. It is impossible for the employer to precisely predict the amount of health claims they must provide from year to year. In order to limit the employer's exposure, they often buy stop-loss insurance. This financial tool is important to provide certainty to employers. Moreover, the Obama administration has recently expressed interest in regulating stop-loss insurance. As recently as August 22, 2013 in a letter to Congress, HHS Secretary Kathleen Sebelius confirmed that the department is interested in how regulating stop-loss insurance could affect the risk pools in the fully insured market. It is concerning that the administration is considering limiting access to the stop-loss financial tool for businesses. Stop-loss insurance has always been a state-regulated insurance tool. Limiting it would have a detrimental effect on the self-insurance market. In order to protect the self-insurance market, I introduced H.R. 3462, the Self-Insurance Protection Act (SIPA). The legislation would clarify that federal regulators cannot re- interpret stop-loss insurance as traditional health insurance for the purpose of regulating it. This clarification would protect this important financial option and provide certainty for thousands of businesses across the country. The legislation is supported by the Self-insurance Institute of America (SIIA) and the U.S. Chamber of Commerce. Again, thank you for the opportunity to include this statement for the record. Also included are H.R. 3462, and a letter of support by the U.S. Chamber of Commerce. Sincerely, Rep. Bill Cassidy (LA-6) [GRAPHIC] [TIFF OMITTED] T5594.046 [GRAPHIC] [TIFF OMITTED] T5594.047