1 2013 Workers Compensation Insurance Oversight Report INTRODUCTION: Revisions to the Illinois Workers Compensation Act (820 ILCS 305/29) in the summer of 2011 require the Department of Insurance (Department) to annually prepare submit to the Governor, the Chairman of the Commission, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives a written report detailing the state of the workers compensation insurance market in Illinois. Section 29.2 of the Workers Compensation Act, (Act) titled Insurance Oversight is organized into two distinct areas. Section 29.2(a) addresses issues conditions primarily related to the overall market mechanisms, while Section 29.2(b) of the Act addresses company specific details. This report examines both aspects of the workers compensation market available to Illinois consumers. SUMMARY OF RESULTS: A total of 326 different insurance companies wrote a total of $2.6 billion in workers compensation insurance premium in Illinois during At 326 different companies, Illinois had more licensed insurers than any other state in the country. Pennsylvania ranked second with 325 companies Indiana was third with 319 different companies. A review of the nationwide workers compensation market indicated that Illinois ranked third in written premium at 5.41 percent of the nationwide market, behind California (18.73 percent) New York (9.89 percent). Companies that cannot obtain insurance through the voluntary insurance market may obtain coverage through the assigned risk market. There were a total of 23,829 assigned risk policies in force as of December 31, The assigned risk market share, defined as the percentage of assigned risk policies issued in Illinois to all workers compensation policies issued in Illinois was 2.70 percent. The National Council on Compensation Insurance (NCCI) files advisory rates on behalf of workers compensation insurers in Illinois. The advisory rates effective as of January 2014, is 13.7 percent lower than the advisory rate level prior to the 2011 workers compensation reform legislation. The estimated average voluntary manual rate for policies effective in 2012 was $2.45. That estimate was based on a payroll weighted average of NCCI advisory rates effective January 1, 2012, in Illinois. The payroll weighting was the latest available, based on policies effective between April 1, 2009, March 31, 2010, in the voluntary market. The estimated average assigned risk manual rate for policies effective in 2012 was $4.91. That estimate was based on a payroll weighted average of NCCI advisory rates effective January 1,
2 2012, in Illinois. The payroll weighting was the latest available, based on policies effective between April 1, 2009, March 31, 2010, in the voluntary market. NCCI reports indemnity payments paid in Illinois during 2011 were approximately $863 million, down approximately $5 million from Medical payments totaled $787 million during 2011, up slightly from This information is based on NCCI Financial Call data from those carriers reporting to NCCI on policies effective in 2011 prior, for transactions occurring through December 31, This excludes data for large deductible policies; self-insured companies; underground coal mine federal classes; excess policies; maritime FELA classes for policies effective January 1, 2003, subsequent; National Defense Projects Rating Plan; Reinsurance assumed. (SOURCE: NCCI) The workers compensation market within Illinois experienced a profit of 0.3 percent during It should be noted that this profit was a reversal of the 10.8 percent loss experienced within the Illinois market during Profits also improved on a national basis. The National Association of Insurance Commissioners (NAIC) reported a profit of 7.4 percent for the nationwide market during 2011, compared to a 1.2 percent return during These figures are not yet available for NAIC data also reflects a general improvement in the loss ratio for the workers compensation market in Illinois. According to data collected by the NAIC, the loss ratio associated with the Illinois workers compensation market dropped from percent in 2011 to percent in On a national basis, the loss ratio for the market remained stable in 2011 (62.33 percent) 2012 (64.55 percent). The following graph illustrates the amount of disability payments by type of disability. To compare year to year, payments are reported on a policy-year basis as of a 30 month maturity. For example, a total of $597,720,450 was paid in disability benefits for all policies issued between April 1, 2008, March 31, 2009, as of September 30, 2011.
3 Indemnity Payment at 30 Months Maturity $700,000,000 $600,000,000 $500,000,000 $400,000,000 $300,000,000 $200,000,000 Total Disability Temp. Total Disability Perm. Partial Disability $100,000,000 $0 04/04-3/05 4/05-3/06 4/06-3/07 4/07-3/08 4/08-3/09 Total Disability $2,677,858 $3,041,457 $2,347,612 $3,431,865 $2,622,053 Temp. Total Disability $148,947,420 $150,209,960 $154,139,218 $161,304,785 $147,028,783 Perm. Partial Disability $385,843,719 $419,632,851 $445,411,168 $468,630,618 $448,069,614 TOTALS: $534,791,139 $569,842,811 $599,550,386 $629,935,403 $595,098,397 In addition to overall market related data the Department has collected company-specific data from all insurers that wrote workers compensation insurance in Illinois during the survey period of January 1 through December 31, The following is a summary of the data. The 2013 Workers Compensation Data Call consisted of 26 different data elements as outlined in Section 29.2 of the Workers Compensation Act. A total of 324 individual insurers reported positive written premium for workers compensation coverage during the survey period. All of these insurers were surveyed during the data collection process. A total of 317 companies have submitted data as requested, while seven companies requested received an exemption from filing data for various reasons. The chart below summarizes the participation levels described above. Status Company Count % Company 2010 Written Count Premium(WP) % of WP Data Filed: % 2,410,325, % Exempt: % 247, % TOTALS: 324 2,410,572,601
4 SUMMARY RESULTS: The following is a summary of the company specific-data collected from the 317 companies referenced above. A total of 142,808 workers compensation claims were opened during 2012, compared to 139,119 claims opened during 2011, an increase of 2.65 percent. Of the 142,808 total claims, companies indicated that 83,828 (58.70 percent) were medical-only claims. A comparison of the medical-only claims reported in 2012 to the 85,189 medical-only claims reported during 2011 indicates a decrease of 1.6 percent. Medical-only claims are defined as any request for recovery that was limited to medical expenses only. The companies reported a total of 11,629 contested claims during the survey period. This number is virtually unchanged from the 11,910 contested claims reported during Contested claims are defined as any claim where resolution was delayed due to a dispute regarding policy language or litigation was involved. A total of 66,027 of the claims opened during the survey period included lost work by the insured claimant. A breakdown of these claims reveal o 38,888 (58.90 percent) involved a loss of less than 3 working days o 9,792 (14.83 percent) involved a loss of between 3 14 working days o 17,347 (26.27 percent) involved a loss of greater than 14 working days CONCLUSION This 2013 report is hereby submitted pursuant to Sections 29.2 (a) 29.2 (b) of the Workers Compensation Act. The improvement in both profits loss ratio within the workers compensation market should be noted. The Department will continue to monitor the market in order to identify long-term trends of the overall workers compensation market. It should be noted that both the Department insurers continue to address issues related to the collection of accurate information for several elements contained in this data call. All possible efforts are being taken to provide complete meaningful results to the specific items outlined in the Act; however, the Department continues to have difficulties identifying any source or collection procedure capable of producing credible data for several of the topics within the Act. The following table identifies describes each data element included in the survey. Data Field Data Definition Number of claims opened A formal request for payment related to an event or situation that is covered under an in-force insurance policy received by the insurer during the survey period.
5 Number of reported medicalonly claims The number of claims that are opened during the survey period in which recovery was limited to medical expenses only. Number of contested claims Number of claims for which the employee has attorney representation. Number of claims with lost time Number of claims for which temporary total disability was paid. Number of claim adjusters employed to adjust workers' compensation claims. Number of claims for which temporary total disability was not paid within 14 days from the first full day off, regardless of reason. Number of medical bills paid 60 days or later from date of service the average days paid on those paid after 60 days for the previous calendar year. Number of claims in which inhouse defense counsel participated, total amount spent on inhouse legal services. The number of claims that are opened during the survey period in which resolution was delayed due to a dispute regarding policy language or litigation was involved. The number of claims that are opened during the survey period in which the insurer has received notice that the insured has retained legal counsel. a) The number of claims that are opened during the survey period in which the insured incurred time off of less than 3 working days. b) The number of claims that are opened during the survey period in which the insured incurred time off of between 3 14 working days. c) The number of claims that are opened during the survey period in which the insured incurred time off of greater than 14 working days. The total number of man-hours allocated to adjust workers compensation claims received by the company during the survey period. The number of temporary total disability claims that are opened during the survey period in which temporary total disability benefits were not paid within 14 days from the first full day off, regardless of reason. The total number of medical bills paid during the survey period where the time between the date of service the date paid was greater than 60 days. The average number of days for all claim payments identified above. The total number of claims in which internal defense counsel expenses were paid on, applied to, or associated with during the survey period. The total amount of all internal defense costs associated with the above claims.
6 Number of claims in which outside defense counsel participated, total amount paid to outside defense counsel. Total amount billed to employers for bill review. Total amount billed to employers for fee schedule savings. Total amount charged to employers for any all managed care fees. Number of claims involving in-house medical nurse case management, the total amount spent on inhouse medical nurse case management. Number of claims involving outside medical nurse case management, the total amount paid for outside medical nurse case management. Total amount paid for Independent Medical Examinations. Total amount spent on inhouse Utilization Review for the previous calendar year. The total number of claims in which external defense counsel expenses were paid on, applied to, or associated with during the survey period. The total amount of all defense costs associated with the above claims. a) The total amount billed to employers for all medical bill review services provided by the insurer during the survey period. b) The total allocated expenses for bill review paid on behalf of employers for all medical bill review services during the survey period. The total amount of allocated expenses for all fee schedule review services provided by the insurer during the survey period. The total amount of allocated expenses for all managed care fees provided by the insurer during the survey period. The total number of claims in which internal medical nurse management expenses were applied to or associated with during the survey period, regardless of when the claim was opened. The total amount of all internal nurse management expenses associated with the above claims. The total number of claims in which external medical nurse management expenses were applied to or associated with during the survey period, regardless of when the claim was opened. The total amount of all outside nurse management expenses associated with the above claims. The total amount paid for all independent medical exams by the insurer during the survey period. The total amount of all internal Utilization Review expenses incurred by the insurer during the survey period.
7 Total amount paid for outside Utilization Review for the previous calendar year. The total amount of all external Utilization Review expenses incurred by the insurer during the survey period.
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