MUNICIPALITY OF CHATHAM-KENT HEALTH AND FAMILY SERVICES SOCIAL HOUSING INFORMATION REPORT

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1 MUNICIPALITY OF CHATHAM-KENT HEALTH AND FAMILY SERVICES SOCIAL HOUSING INFORMATION REPORT TO: FROM: Mayor and Members of Council Shelley Wilkins, Director, Social Housing DATE: August 23, 2011 SUBJECT: Insurance for Chatham-Kent Social Housing Social Housing Services Corporation (SHSC) Bulk Program Versus Municipal Corporate Insurance Program This report is for the information of Council. BACKGROUND Prior to the province transferring public housing to Service Managers on January 1, 2001, the Ontario Housing Corporation (OHC) had self-insured its public housing portfolio. Then, in preparation for the devolution of public housing, OHC had arranged for bulk insurance purchase at the time of transfer and prior to the Social Housing Services Corporation being established. The vendor of choice was Aon. The Social Housing Services Corporation (SHSC) was established in It was not long after that SHSC went through an insurance tendering process and established its own bulk insurance program. The Social Housing Reform Act (SHRA, 2000) and its respective Ontario Regulations requires SHSC to provide a bulk insurance program for prescribed social housing providers and it requires that those prescribed social housing providers participate in the bulk insurance purchasing plan. In 2003 the SHSC Board opted to establish a practice of allowing housing providers to opt-out of their bulk insurance program provided that the housing provider: (a) obtained a price quote from both SHSC and their preferred insurance provider; (b) the quotes of the preferred insurer be of the same or better coverage for less money; (c) the proper documentation be completed as required; and (d) the SHSC insurance administration fee was paid. In 2004, in consultation with the Manager, Risk Management and the Municipal Solicitor, the Director of Social Housing opted out of the SHSC bulk insurance program

2 Social Housing Insurance SHSC Bulk Program v. Municipal Corporate Insurance Program 2 for the public housing portfolio. The necessary documentation was completed and the SHSC insurance administration fee was paid. At that time, Aon s quote was $43,298 and Frank Cowan s quote was $35,484, hence $7,814 less than Aon s, for the September 1/04 to September 1/05 period. In 2005, we also converted our insurance year to the full calendar year to be consistent with the corporate municipal insurance program. The Chief Administrative Officer (CAO) at the time endorsed this change. As well, the Municipality funds 13 different private non-profit (PNP) housing providers. Prior to the devolution of their program administration and funding on April 1, 2002, each housing provider purchased their own insurance which was required to meet provincial or federal program requirements. Co-operative housing providers are required to continue to participate in the Co-operators Insurance program. Former unilateral federal providers are not required to participate in SHSC s program. Four to five of our remaining nine PNPs required to participate have opted out of the program annually because they can get the same or better coverage for less cost with other providers. Each year, with the assistance and coordination of the municipal Manager, Risk Management, the Director has obtained insurance quotes from SHSC (i.e., Aon) and Cowan, and each year we have continued to opt-out of the SHSC program and remain with the corporate municipal insurance program with Cowan. It has provided equal or better coverage for less cost. It also provides the added benefit of being administered mainly by the municipal Manager, Risk Management and the insurance term is consistent with the municipal fiscal year. COMMENTS In a letter dated May 20, 2011, the Chief Executive Officer (CEO) of SHSC wrote to the Ministry of Municipal Affairs and Housing, Assistant Deputy Minister s Office and shared a copy of her letter with Service Managers. The CEO reported that on September 24, 2010, the Toronto Community Housing Corporation (TCHC) had a fire on the 24 th floor of an apartment building at 200 Wellesley Street East, Toronto. It took 120 firemen about eight hours and five million gallons of water to fight the fire. It then took the fire marshal seven days to release the building. There was extensive damage to the building (caused by the fire, water and ensuing mold issues) and more than ten tenants were injured. The cost to insurer was $37 million excluding TCHC s uninsured costs estimated at $5 million to temporarily house displaced tenants and replace their damaged property. (The fire began in the unit of a hoarder.) The CEO states the insured costs of the fire will result in increased property insurance premiums in 2011/12 of up to 61% as the insurers attempt to recoup their losses. A more significant impact of the fire however, is that it changes the risk profile of social housing in the eyes of the entire insurance industry, and these increased premium costs will continue into the foreseeable future. The CEO s letter lists seven suggested

3 Social Housing Insurance SHSC Bulk Program v. Municipal Corporate Insurance Program 3 legislative and policy changes that could improve the ability of housing providers to manage the risk posed by their tenants and improve the risk profile of the portfolio. (See Appendix 1 for a copy of the letter, page 3 for the list of suggestions). Lastly, the CEO asks the Province to assist Service Managers and housing providers by providing one-time funding to smooth the impact of this sudden and significant insurance premium increase for the 2011/12 policy year. In this way the increase could be spread over multiple budget years and be more readily funded through Service Manager budgets. In a letter dated June 10, 2011, the Chair of the SHSC wrote an Important Notice (attached as Appendix 2). Service Managers and prescribed housing providers were advised that the SHSC Board met on June 10, 2011, and a decision was made that SHSC can no longer offer providers the option to purchase insurance coverage outside the mandatory SHSC Group Insurance Program. All prescribed housing providers would be required to participate in the SHSC program effective November 1, 2011; 100% participation is necessary to ensure guaranteed coverage for all prescribed housing providers and Local Housing Corporations at affordable rates. No exceptions. It is a legislated requirement under the SHRA, 2000 and the new Housing Services Act which takes effect January 1, If your renewal date is not November 1 st, your participation can be deferred to your current policy renewal date. In the case of our public housing that would have been January 1, The Municipality received a copy of the Region of Waterloo s July 7, 2011 letter to the Minister of Municipal Affairs and Housing re Competitive Bidding for Community (Social) Housing Insurance. (A copy of the letter is attached as Appendix 3.) The letter contains the motion of their regional council passed June 29, 2011 calling upon SHSC to reverse their decision to disallow opting-out of their program, and calling upon the Minister to issue [Ministerial] consent to any service manager or housing provider requesting permission to opt-out of the program. Under letter dated August 4, 2011, the Chair and the CEO of SHSC issued a joint letter to CAOs/Politicians regarding an update on the recent developments with the SHSC Group Insurance Program. They advised on-going negotiations with insurance companies are nearly complete and they are optimistic that we will be able to keep premiums well under the benchmark set for this year. The housing providers with poor claims history (about 50 of 750) will see substantial increases but less than originally anticipated. A Questions & Answers document for CAOs was also attached. (The letter and Questions & Answers document are attached as Appendix 4.) Under letter dated July 22, 2011, the Rainy River District Social Services Administration Board advised the Minister of Municipal Affairs and Housing that their Board had passed a motion similar to the Region of Waterloo s on July 21, Under letter dated August 11, 2011, the District Municipality of Muskoka Corporate and Emergency Services Committee passed a motion on August 8, 2011 endorsing the Region of Waterloo s foregoing noted motion and objecting to the SHSC s insurance administration fee. (Copies of these two letters are attached as Appendix 5a and 5b.)

4 Social Housing Insurance SHSC Bulk Program v. Municipal Corporate Insurance Program 4 Under letter dated August 15, 2011, the Chair and CEO of SHSC wrote to Service Managers and CAOs to provide an update on recent developments with the SHSC Group Insurance Program (Appendix 6). In response to the concerns being raised about SHSC s legislated role in setting rules related to obtaining insurance from alternate brokers and reviewing and discussing with provincial staff, the SHSC Board has decided that providers who were granted alternate broker arrangements in 2010/2011 via SHSC s formal process will be able to apply and follow the same process in 2011/2012 and the sector-led Insurance Advisory Committee will play an expanded role in reviewing and assessing other requests for alternate insurance arrangements based on extenuating circumstances on a case-by-case basis. SHSC plans to work with sector stakeholders in 2012 to review the entire social housing insurance program. Hence, for the 2012 fiscal year and insurance term, the Director and the Manager, Risk Management, will apply to be exempted from the 2012 SHSC bulk insurance program and complete all necessary documentation to do so. CONSULTATION The Director has shared all documentation referenced in this report with the Manager, Risk Management. The Manager, Risk Management and legal services staff are assisting with completing all necessary documentation to opt-out of the 2012 SHSC Group Insurance Program and to continue purchasing social housing insurance from the Frank Cowan Company, our corporate municipal insurance broker. FINANCIAL IMPLICATIONS SHSC Program Cowan Company Total Cost Avoidance 2004/05 1 st year $43,298 $35,484 $7, $109,892 $65,942 $43, $107,747 $68,779 $38, Cost information not yet available for 2012 These cost savings are for the public housing portfolio only. As Service Manager, the Municipality also subsidizes PNPs and insurance costs are benchmarked and indexed separately within the provincial benchmark funding formulae. The Director does not have cost quote comparison data for the PNPs.

5 Social Housing Insurance SHSC Bulk Program v. Municipal Corporate Insurance Program 5 Prepared by: Reviewed by: Shelley Wilkins, BPA, CMM III Director, Social Housing Lucy Brown, RN, BA General Manager Health and Family Services Attachments: Appendix 1 - Lindsey Reed, CEO, SHSC: May 20, 2011 letter to Ms. Janet Hope, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing. Appendix 2 - Roger Maloney, Chair, SHSC: June 10, 2011 Important Notice. Appendix 3 - Kris Fletcher, Director, C & A S/Regional Clerk, Region of Waterloo, July 7, 2011 letter to the Honourable Rick Bartolucci, Minister, Municipal Affairs and Housing re Competitive Bidding for Community (Social) Housing Insurance. Appendix 4 - Roger Maloney, Chair and Lindsey Reed, CEO, SHSC August 4, 2011 letter to CAOs/Politicians, with attached Questions & Answers for CAOs document. Appendix 5a- Don McCormick, Interim CAO, Rainy River District Social Services Administration Board, July 22, 2011 letter to Hon. Minister Rick Bartolucci, Minister of Municipal Affairs and Housing re Competitive bidding for Community (Social) Housing Insurance. Appendix 5b-John Klinck, District Chair, District Municipality of Muskoka, August 11, 2011 letter to the Hon. Minister Rick Bartolucci, Minister of Municipal Affairs and Housing re Competitive bidding for Community (Social) Housing Insurance. Appendix 6 Roger Maloney, Chair and Lindsey Reed, CEO, SHSC August 15, 2011 letter to Service Managers and Chief Administrative Officers. c: Larry Najjar, Manager, Risk Management P:\RTC\Health & Family Services\2011\Social Housing\Social Housing Insurance.docx

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