Montana Workers Compensation



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Montana Workers Compensation Part 1 - Ratemaking Overview Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Mike_Taylor@ncci.com 503-892-1858 WC Ratemaking Basics Where do we start? Where does the information come from? What does NCCI do with it? How can we be sure? Bottom line to Montana employers 1

Key Definitions Claim Severity The average cost of a claim. Severity is calculated by dividing total losses by the total number of claims. Indemnity Benefits Payments by an insurance company to cover an injured worker s time lost from work. These benefits are also referred to as wage replacement benefits. Lost-Time (LT) Claims Claims resulting in indemnity benefits (and usually medical benefits) being paid to or on behalf of the injured worker for time lost from work. Medical-Only Claims Claims resulting in only medical benefits being paid on behalf of an injured worker. Loss Costs Represents the portion of the rates that only includes the amount to cover claims and loss adjustment expense Loss Cost Multiplier (LCM) The amount insurer develops to apply to loss costs to cover expenses and achieve a final rate i.e. 1.25 X loss cost 3 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Dual Responsibilities NCCI Collect & analyze data Overall, insurer and policyholder Determine overall & individual loss cost level Comply with the requirement that rates shall be adequate, not excessive or unfairly discriminatory Insurers Review & analyze NCCI & company data/results Determine carrier need above/below NCCI s baseline Develop Loss Cost Multiplier (LCM) Comply with the requirement that rates shall be adequate, not excessive or unfairly discriminatory 4 2

Wheredowestart? Look at where the state is Compile both new and updated data Objectively analyze it to see where it leads Examine and blend in other factors as necessary Fine tune the indications Where are we? What s the current status of the state? Is the system running smoothly? Administration Judicial Regulatory Have there been any: Major benefit changes? Medical fee schedule revisions Law Changes? Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. 3

If we continue at the same level Will things balance out? Will there be enough money to pay claims? Will rates be excessive? 1 ST Step Determine Overall Level How much money (premium) is needed to fund the system to only pay all the anticipated indemnity and medical losses? 4

Data Financial data from all Montana insurers Answers the 1st question: How much money did the industry bring in? and more Data Loss Data Answers the 2nd question: How much did the industry pay out? Type of injuries Medical costs Wage Replacement Frequency Severity 5

2 nd Step - Trend Getting from Point A (Where we are) to Point B (Where we need to go) Measures the changes in: Growth/decline of wages Medical and indemnity losses Frequency of claims Differences indicate trend Medical cost per claim is growing, Indemnity cost per claim is stabilizing Claim Cost ('000s) 35 33 31 29 27 25 23 21 19 17 15 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Indemnity Claim Cost Medical Claim Cost Source: NCCI Based on data through 12/31/00. Average indemnity and medical cost per lost-time claim. 6

Frequency of lost time claims is on a downward trend 24 Montana Lost Time Claims 22 20 18 16 14 12 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 13 Growing wages can impact benefit costs MT Average Weekly Wage 14 7

Finalize The Trend 3 rd Step Analyze, price and incorporate other factors if necessary Legislated changes Court decisions New regulations 8

Impact of Changes Legislated Changes May have immediate impact on premiums by instituting higher or lower wage loss payments, subjectivity, etc. Court Decisions Can alter laws on compensability, coverage or benefits. Impact can be retroactive, immediate or in future Regulations Generally more long term in nature (safety requirements) but can have immediate effect (medical fee schedules) 4 th Step - Sanity Check Check outside sources for independent verification: DOL WCD OSHA BLS Carriers Guy on the street 9

Determine Overall Level Add everything up to determine what the overall premium level needs to do: Increase? Decrease? No change? 5 th Step -Spread Out The Changes Not equitable to apply rate change unilaterally to all employers without consideration of actual experience, so we Distribute to 5 Industry groups based on their experience Distribute to individual classifications based on their experience 10

Spread out the Changes 7/1/2013 Overall Change: -5.4% Manufacturing: -5.2% Office & Clerical: -6.3% Goods and Services: -4.8% Contracting: -7.1% Miscellaneous: -3.9% Examples: 2731 Planing mill -20.9% 5437 Interior Carpentry + 9.8% Maximum change is +/- 25% around the IG indications 21 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Final Premium Impact What does this mean to the average employer? Are there other factors involved? Growth Change in exposure Losses Bottom Line: How will this impact me? / 11

Development of Final Rates Final Rate NCCI files the developed & trended losses and the loss based expenses: Known as the pure premiums or loss costs. Individual insurers are responsible for developing and filing the other factors into a Loss Cost Multiplier (LCM) which becomes their Final Rate Contingencies Taxes & Fees Production & General Expense Loss Based Expenses Developed & Trended Losses Policyholder Pricing Programs In addition to the LCM, insurers have programs to "tailor" the final premium to better match the characteristics of each insured Experience rating Tiered Rating Premium discounts by size of policy Retrospective Rating Etc. 12

Dirt Diggers, Inc. General Excavation Company Payroll: 6217 $100,473 8810 $ 25,716 Loss Cost Rates: 6217 = $8.50 8810 = $.45 Two Guys Mutual Insurance Company Loss Cost Multiplier = 1.20 TGMIC Rates: Class 6217: $10.20 Class 8810: $ 0.54 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Dirt Diggers, Inc. 6217 $100,473 x $10.20/$100= $10,248 8810 $25,716 x $.54/$100 = $ 139 Manual Premium = $10,387 Experience Mod x.92 Modified Premium = $9,556 MCCPAP x.95 Standard Premium $9,078 Premium Discount (12%) x.88 Estimated Annual Premium $7,989 Base Premium = $10,387 Actual Premium = $7,989 DIFFERENCE - $2,398 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. 13

Fall in a Hole, Inc. General Excavation Company Payroll 6217 $100,473 8810 $ 25,716 Loss Cost Rates: 6217 = $8.50 8810 = $.45 Somewhat Equitable Insurance Company Loss Cost Multiplier = 1.50 SEIC Rates: Class 6217: $12.75 Class 8810: $.68 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Fall In A Hole, Inc. 6217 $100,473 x $12.72 $/$100 = $12,780 8810 $25,716 x $.68/100 = $ 175 Manual Premium = $12,985 Experience Mod x 1.25 Modified Premium = 16,231 MCCPAP x.95 Standard Premium = $15,419 Premium Discount (8%) x.92 Estimated Annual Premium $14,185 Base Premium = $12,985 Actual Premium = $14, 185 DIFFERENCE + $1,200 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. 14

Significant Cost Differences Dirt Diggers, Inc. Safety conscientious Controlled losses Better training Gives them more carrier choices, options for premium savings via lower ex-mod MCCPAP, etc. Fall in a Hole, Inc. Multiple losses Less emphasis on safety Spotty training Results in less options for coverage, higher ex-mod, lower premium discount, etc. $7898 vs $14,185 $6,287 Savings Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Montana Workers Compensation Part 2 System Overview Mike_Taylor@ncci.com 503-892-1858 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. 15

Montana July 1, 2013 Loss Cost Filing Overall Loss Cost Level Change -5.4% Changes due to: Experience 8.6% Trend +2.1% Benefits +0.5% LAE 0.0% Item B 1425 Offset +0.8% Experience Period 6.7% Indemnity 2.1% Indemnity (SAWW) +1.5% AOE +0.3% Loss Development 2.0% Medical +4.5% Medical (Schedule) +0.0% DCCE 0.3% Workers Compensation System Overview Montana Countrywide Written premium continues to decline Written premium is rising Combined ratios continue to be high Loss costs have decreased by more than 40% in 7 years Combined ratios moderating Loss costs have increased for second filing cycle 16

Percent 15 Current NCCI Voluntary Market Rate/Loss Cost Level Changes Excludes Law-Only Filings 10 5 0-5 -10-15 -9.1-7.9-7.4-5.7-5.4-3.8-3.8-3.6-3.2-2.4-1.8-1.6-0.5 0.3 0.4 0.4 0.6 1.1 1.7 2.1 2.3 2.3 2.5 2.6 3.8 3.9 4.0 4.1 4.1 4.3 4.8 5.1 5.2 5.2 6.1 7.1 7.9 8.0-20 -25 WV KY AR VA MT IL TX AK SD GA ME UT NC NE DC OK NH SC OR MO KS TN LA NV MD ID AZ MS VT IN AL NM CO HI FL CT IA RI Approved Pending Reflects the most recent experience filing in each jurisdiction Average Voluntary Pure Loss Costs Quartiles Using Montana s Payroll Distribution WA OR NV CA ID AZ UT MT WY CO NM ND SD NE KS OK MN WI IA IL MO AR MS NY MI RI PA CT NJ OH IN DE OK WV MD VA DC KY TN AL NC SC GA NH VT ME $0.79 - $1.39 $1.40 - $1.68 $1.69 - $1.84 TX LA $1.85 - $2.59 AK FL Not included HI Countrywide = $1.59 Montana = $2.44 Based on the latest NCCI approved rates and loss costs in the various states 17

Workers Compensation Premium Rate Comparison Montana National median Ratio of MT to National median Premium Rate Index per $100 of Payroll 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 3.41 3.69 3.50 3.33 2.58 2.48 2.50 2.26 2.04 1.88 2004 2006 2008 2010 2012 Calendar Year 200% 175% 150% 125% 100% 75% 50% 25% 0% Ratio of Montana to National median Source: Adapted from 2004 through 2012 Oregon Workers Compensation Premium Rate Ranking Summary Indexes based on rates in effect as of January 1 of each calendar year listed above Benefit Costs Distribution 65% 35% 65% 35% Montana 59% 41% Region Countrywide Indemnity Medical Regional states are CO, ID, NE, NV, OR, SD, and UT Based on NCCI financial data 36 18

Claims Frequency 37 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Montana Workers Compensation Lost-Time Claim Frequency Lost-Time Claims Percent Change 10.0% Cumulative Change of -20% (1996 2010) 5.0% 4.5% 1.4% 2.2% 2.5% 2.1% 1.5% 0.0% -1.7% -1.0% -5.0% -10.0% -3.6% -5.0% -4.7% -6.1% -6.5% -6.7% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Policy Year Based on data through 12/31/2011, developed to ultimate 38 19

Percent 11 Countrywide Workers Compensation Lost- Time Claim Frequency Declined in 2012 Lost-Time Claims 10.8 8 5 2 Cumulative Change of 42.7% (1996 2011 adjusted) 0.3 0.5 Indicated Adjusted 3.8-1 -4-7 -10-0.9-2.3-2.2-4.2-3.9-4.4-4.5-4.5-4.5-4.1-3.7-4.5-4.3-3.9-5.0-5.7-6.5-6.9-6.6-9.2 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20112012p Accident Year 2012p: Preliminary based on data valued as of 12/31/2012 1991 2011: Based on data through 12/31/2011, developed to ultimate Based on the states where NCCI provides ratemaking services, excluding WV; including state funds; excludes high deductible policies Frequency is the number of lost-time claims per $1M pure premium at current wage and voluntary loss cost level 8,000 Average Claim Frequency Frequency per 100,000 Workers All Claims Claim Frequency 6,000 4,000 5,832 4,684 5,456 4,075 5,690 4,964 5,030 4,314 4,793 3,633 2,000 0 Based on NCCI s Statistical Plan data MT CO ID NE NV OR SD UT Reg CW 40 20

2,000 Average Lost-Time Claim Frequency Frequency per 100,000 Workers Lost-Time Claims 1,473 1,511 Claim Frequency 1,000 990 1,094 819 1,172 885 739 1,059 879 0 Based on NCCI s Statistical Plan data MT CO ID NE NV OR SD UT Reg CW 41 Key Takeaways Claim Frequency Higher frequency than that in region Decline is slower than the national average Claim frequency is a key cost driver Frequency continues to decline 21

Claims Severity 43 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. Regional Average Indemnity Claim Severity Lost Time Claims 25 24 Indemnity Severity ($ '000s) 20 15 10 18 20 15 20 14 15 10 5 0 MT CO ID NE NV OR SD UT Based on NCCI s financial data for lost-time claims 22

Medical Claim Cost ($ '000s) 30 25 20 15 10 5 $8.1 Countrywide Workers Compensation Medical Severity Modest Increase in 2012 +6.8% +1.3% -2.1% $8.2 Average Medical Cost per Lost-Time Claim Annual Change 1991 1993: +1.9% Annual Change 1994 2001: +8.9% Annual Change 2002 2011: +5.7% $8.1 +7.3% +10.6% +10.1% +8.3% +7.4% +9.0% +5.1% $8.8 $9.2 $9.9 $10.9 $11.8 $13.1 Accident Year 2012p: Preliminary based on data valued as of 12/31/2012 1991 2011: Based on data through 12/31/2011, developed to ultimate; excludes high deductible policies Average severity for the states where NCCI provides ratemaking services, including state funds, excluding WV $14.0 +5.4% +7.7% +8.8% +13.5% $15.9 $17.3 $18.7 $19.7 +6.3% +5.4% +7.8% $21.2 $22.3 $23.7 +3% +4.1% +1.4% +3.6% +6.6% 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012p $25.3 $26.4 $26.7 $27.7 $28.5 35 30 25 20 15 10 Montana Average Medical Claim Severity Lost-Time Claims Medical Severity ($ '000s) 5 $16.3 6.5% $17.3 12.1% 8.4% $19.4 $21.0 12.6% 4.5% 4.1% -8.4% $23.7 $24.8 $25.8 $23.6 9.8% $25.9 6.8% $27.7 7.0% $29.6 3.2% 0.3% $30.6 $30.7 8.5% -0.4% $33.3 $33.2 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Policy Year Based on data through 12/31/2011, on-leveled and developed to ultimate 46 23

Regional Average Medical Claim Severity 40 Indemnity Severity ($ '000s) 35 30 25 20 15 10 33 27 30 35 31 19 28 31 5 0 MT CO ID NE NV OR SD UT Based on NCCI s financial data for lost-time claims Medical Cost Containment: Prices On average, physician costs make up roughly 40% of medical costs Physician Fee Schedules 1970s only 11 states Several implemented in the mid-1990s In 2013, 43 states and DC 24

Medical Cost Containment: Prices Medical Cost Containment: Prices Hospital inpatient costs roughly make up 15% of medical costs Hospital inpatient fee schedules 1970s only 2 states Several implemented in the mid-2000s In 2013, 38 states 25

Medical Cost Containment: Prices Medical Cost Containment: Prices Continued refinement of fee schedules over the last decade More than 20 bills/proposals addressing repackaged drugs and pharmaceutical fee schedules in 2013 Fee schedules and their refinement can serve to contain medical cost increase over time 26

Workers Compensation Fee Schedules: Significant Changes AR CO, KY AK, FL, NV ID, KY, SC 2000 2001 2002 2003 2004 2005 2006 KS FL, NM, TX AZ, GA, OK, TN HI, TN, VT AK, AZ, AR, IL, TN, TX AR, ID, IL, MD, MT, OK, TN, TX IN, ME 2007 2008 2009 2010 2011 2012 2013 ID, NV, TN, TX, VT, WV AK, OR ID, ME, SC, TN Medical Costs: Looking Ahead Limiting duration of medical benefits (MT, GA) More hospital fee schedule implementations (IN, VA had proposals in 2013) Opioid/controlled substance regulation Prescription drug monitoring programs (KASPER) Wellness programs Alternate settings for rendering medical services Retail clinics E-medicine Medical tourism Non-traditional medicine for treatment and pain management Asian medicine Marijuana dispensaries 27

Key Takeaways Medical Benefit Costs Medical costs comprise 65% of total benefit costs Average costs are higher than the regional and countrywide averages Some impacts of reform begin to show Slowing rate of increase in medical costs Questions and Comments? 28