Medical Indemnity Issues for a State Insurer. Adrian Nye Chairman, Victorian Managed Insurance Authority



Similar documents
Productivity Commission inquiry into a long term disability care and support scheme. Avant Mutual Group submission

Medical injuries under national dis ability care and s upport s chemes. Jonathan Cohen, Linda Satchwell and Adrian Gould Taylor Fry Pty Ltd

Below is a general overview of Captives with particular information regarding Labuan International and Business Financial Centre (Labuan IBFC).

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

Limitation of Liability

Clinical Trials Insurance. Global solutions for clinical trials liability

Understanding Agricultural Reinsurance

Medical treatment injury under the NIIS

HILL DICKINSON FORUM 6 TH MARCH Catherine Dixon Chief Executive NHS Litigation Authority

DD&R Reserves For Claims-Made Professional Liability Coverage

Medical professional liability (MPL) insurance costs at a crossroads

Ongoing Impact of the Global Economy on the Australian Insurance Landscape

Draft Pre Action Protocol for claims for damages for mesothelioma

PERFORMANCE OF VICTORIA S DOMESTIC BUILDING INSURANCE SCHEME

Home Warranty Insurance Briefing Note

COMPARISON OF THE NHS LITIGATION AUTHORITY AND THE COMMERCIAL INSURANCE MARKET: BRIEFING PAPER

LEGISLA Alaska State Legislature

Facts to know. about OASSIS Benefit Plans

Natural Perils Insurance without Equal. 18 october 2011

JULY 25, Good morning, Chairwoman Kelly, Chairman Simmons and members of the

Position paper on. Treatment of captives in SOLVENCY II

Bracing for change Medical professional liability (MPL) insurance costs at a crossroads

Prudential Practice Guide

STATE OF CONNECTICUT

POLICY FOR HANDLING OF CLINICAL NEGLIGENCE CLAIMS

H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003

State of Connecticut Insurance Department

State of Connecticut Insurance Department

Response to Department of Justice and Equality consultation on Legislation on Periodic Payment Orders

State of Connecticut Insurance Department

This chapter notes, where appropriate, further legislative reforms by the Commonwealth and each State or Territory jurisdiction.

2 COMMENCEMENT DATE 5 3 DEFINITIONS 5 4 MATERIALITY 8. 5 DOCUMENTATION Requirement for a Report Content of a Report 9

2014 Statutory Combined Annual Statement Schedule P Disclosure

A Guide to Legal Malpractice Insurance

Professional Indemnity Insurance Proposal Form Medical Malpractice / Practitioners

Draft Prudential Practice Guide

MEDICAL MALPRACTICE CLOSED CLAIM DATA COLLECTION UNDER CONNECTICUT PUBLIC ACT

Strata Unit Underwtiters (SUU) welcomes the opportunity to make a submission to the NSW Government s Strata and Community Scheme Review.

Characteristics of Commercial Lines

High Risk Jurisdiction Severity Trends, Time to Closure & Obstetric Claims Trends

REVIEW OF QUEENSLAND'S COMPULSORY THIRD PARTY INSURANCE SCHEME'S UNDERWRITING MODEL. Consultation and Process of the Review

M&A in MPL: What Does It All Mean?

PRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK

The Rent-A-Captive Alternative

Insurance Law Reforms and Requirements for Direct Offshore Foreign Insurers ("DOFIs")

June 11, 2015 by Robert Boland, J.D., L.L.M., and Thomas Cifelli, J.D., CPA* (*inactive)

Guidance Note on Actuarial Review of Insurance Liabilities in respect of Employees Compensation and Motor Insurance Businesses

LIABILITY INSURANCE (with reference to Irish law and practice)

NOTICE 158 OF 2014 FINANCIAL SERVICES BOARD REGISTRAR OF LONG-TERM INSURANCE AND SHORT-TERM INSURANCE

Avant Mutual Group Limited

Performance of Victoria s Domestic Building Insurance Scheme

News from The Chubb Corporation

AN OVERVIEW OF THE WISCONSIN HEALTH CARE LIABILITY AND PATIENTS COMPENSATION ACT

Electricity network services. Long-term trends in prices and costs

NAMING OTHER PARTIES AS ADDITIONAL INSUREDS. Roofing contractors typically are required to name owners, general contractors, property

Milliman Long-Term Care Services. Industry-Leading Actuarial Services for Long-Term Care Insurance Products

THE INSURANCE BUSINESS (SOLVENCY) RULES 2015

METLIFE EXCEPTED GROUP LIFE POLICY TECHNICAL GUIDE

State of Connecticut Insurance Department

Webinar on Insurance Coverages

State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Insurance 1511 Pontiac Avenue Cranston, RI 02920

Incentives and barriers for the cyber insurance market in Europe

PART IX. MEDICAL CATASTROPHE LOSS FUND

Women s Health Victoria

SAMPLE DEFINITIONS. means the age of a Life Insured on his or her nearest birthday.

THE STATE OF FLORIDA

MINNESOTA AGGREGATE FINANCIAL DATA REPORTING GUIDEBOOK. Annual Calls for Experience Valued as of December 31, 2015

Insurance For Engineers - Recent Events

PENNSYLVANIA PROFESSIONAL LIABILITY JOINT UNDERWRITING ASSOCIATION

Optus Submission to Productivity Commission Inquiry into National Frameworks for Workers Compensation and Occupational Health and Safety

Absolute Liability- Liability regardless of fault.

LIFE INSURANCE RATING METHODOLOGY CREDIT RATING AGENCY OF

Home Building Protection Review

Professional Liability Insurance. Guided by one principle: Doing the right thing.

The promise and pitfalls of cyber insurance January 2016

New York Workers Compensation Reform Act 2007 Update October 2007

GROUP INCOME PROTECTION

GUIDELINES ON VALUATION OF POLICY LIABILITIES OF GENERAL BUSINESS

An Overview of the Health Care Costs Recovery Act

While health care reform has its foundation and framework at

ACTUARIAL INSIGHTS INTO SELF INSURANCE

IRS Issues Guidance on Mandatory Form W-2 Informational Reporting of Employer-Sponsored Health Coverage

Customized solutions for the Lawyers Professional market

FINANCIAL REVIEW. 18 Selected Financial Data 20 Management s Discussion and Analysis of Financial Condition and Results of Operations

Project title. The true cost of Clinical Negligence? Rachel Brown. Date Month November Slater and Gordon Limited 2014

SAMPLE DEFINITIONS. means the age of a Life Insured on his or her nearest birthday.

Review of policy on professional insurance and indemnity

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Short Duration Contracts: Modified Approach. Comparison of the modified approach to current GAAP

News from The Chubb Corporation

Life Insurance - A Beginners Guide to Understanding

Insurance Policy Statement

Governance Toolkit. Insurance Management Framework. Version 1: 1 March 2014 THIS TOOLKIT PROUDLY SUPPORTED BY

Using Life Expectancy to Inform the Estimate of Tail Factors for Workers Compensation Liabilities

Facts on. Mental Retardation NATIONAL ASSOCIATION FOR RETARDED Avenue E East P.O. Box 6109 Arlington, Texas 76011

Actuarial Report. On the Proposed Transfer of the Life Insurance Business from. Asteron Life Limited. Suncorp Life & Superannuation Limited

Claim Estimates and WorkSafe Premiums

Mutual Company since ,000+ Physicians Plus Employed Health Care Providers (ie. NP, PA, CRNA) and Practice Entities Licensed in 9 states

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission:

Hugh Price Legal Consulting

Transcription:

Medical Indemnity Issues for a State Insurer Adrian Nye Chairman, Victorian Managed Insurance Authority

Lessons from the early 2000s Data is critical Public-private interdependencies The role of statute and the risks of Federation Risk management and incentives do they work? The fragility of markets and pricing Pricing and public policy

Medical indemnity liability: the State Insurer experience (1) State is the beneficiary of changes in experience, claims and the legal framework. The State has a direct interest in the financial consequences of tort law and controls that law. The State has an unusually complete knowledge of the claims experience of its industry. The State s relationship with insureds is different from that of private indemnity insurance. This changes the insurance dynamic. State insurers carry increasingly onerous burdens to protect the public balance sheet in times of dynamic change

Medical indemnity liability: the State Insurer experience (2) Unique challenges to implement sustainable underwriting frameworks which balance long term viability with the imperative to provide broad coverage to entities and employees within the public health sector The State does have a heart flexing in recognising claims Delivering medical indemnity cover through a State captive insurer model provides unique insights into the causes of adverse incidents and the total cost to the State of adverse clinical outcomes Impacts of model litigant requirements of Government

Victorian Managed Insurance Authority Medical Indemnity cover to public hospitals (including community health services, bush nursing homes etc) and all public hospital employees, for health services provided to public patients. Related issues include product liability cover for clinical trials VMIA underwritten liabilities exceed $500 million, plus Department of Health liabilities ($270 million), and will approach $1 billion by 2014

Victorian Managed Insurance Authority Approximately 700 claims raised, and 50,000 adverse incident reports received each year Wide coverage with limited exclusions, all employees covered automatically Liabilities are wholly underwritten by the State, without access to Federal government support, but are affected by Federal policies and initiatives Lack of risk selection heavily weights portfolio towards large and catastrophic losses

Public sector claims experience Total public sector liabilities are increasing Exposure growth is outstripping growth in claims frequency Liability drivers still reflect traditional MI risk exposures Long tail claims are resolving sooner Regardless of clinical specialty involved, most MI liabilities arise in the context of obstetric and paediatric treatment, including emergency departments.

Public Hospital Separations by Calendar Year (excl. emergency departments) 1400000 1350000 1300000 1250000 No of Separations 1200000 1150000 1100000 1050000 1000000 2003 2004 2005 2006 2007 2008 2009*** Year *** Data to 30/9/2009

Claims raised per 100,000 public hospital separations Number of Claims Per 100,000 Public Hospital Separations 120 100 80 No of Claims 60 97.83 40 76.98 76.81 20 50.64 34.31 44.94 40.38 0 2003 2004 2005 2006 2007 2008 2009*** Year Claim Created *** Data to 30/09/2009

Medical Indemnity Claims Drivers

Gross MI claims paid by calendar year 70000000 60000000 50000000 40000000 Total $ Paid 30000000 63010979.66 54278036.49 20000000 38626821.79 44317261.3 40000900.47 40046394.06 27899768.11 10000000 0 2003 2004 2005 2006 2007 2008 2009*** Year Claim Closed *** Data to 30/09/2009

Underwriting Challenges for State MI insurers New and emerging systemic and particular risks are covered automatically, with limited requirements for coverage endorsements and no risk selection capability Gross premium pool for the public health sector is technically rated and heavily influenced by claims experience Breadth and ease of access to cover can potentially affect assessment of premium adequacy: (i) increased clinical risk exposures only impact premiums once claims experience flows through (ii) medical practitioners are automatically insured, and contact with MI insurer is generally only in the event of a claim Vast amount of adverse incident and claims data poses unique challenges to identify and respond to systemic and particular risks within the public health system

Internal and external governance and the captive insurer framework Increasingly sophisticated clinical and internal health governance environment demands agility in insurance response: (i) Demarcation between public and private coverage for practitioners (ii) Use of outsourced services (radiology, pathology) by public hospitals (iii) Public patients treated in private facilities (iv) Coverage for peer reviews in public hospitals Legislative environmental impacts on State insured liabilities subject to constant change: e.g.: Coroners Ct 2008 (commenced 1 November 2009): (i) Revised definition of reportable deaths to include deaths not reasonably expected by treating medical officer (ii) Maternal and child deaths must be referred to Consultative Council on Obstetric and Paediatric Mortality and Morbidity (iii) Clarification of obligation on practitioners to report reportable deaths and provide any information requested by Coroner

Public Policy interrelationship with the captive Medical indemnity insurer model Imperative to avoid drifting into a lazy monopoly : (i) Temptation to rely upon sovereign guarantee (ii) Self sustaining captive model requires vigorous identification of new and emerging potential claims liabilities (iii) Entity cover needs innovative relationship management to ameliorate risk of captive being perceived as a funding pool Relative simplicity of the captive insurance and claims management model belies the complexity of the structures required to link clinical risk management with insurance service delivery: (i) Identifying escalation points for systemic and particular risks (ii) Using premium allocation models to link entity portfolio performance to premiums for insurable risks

Distinguishing between State captive role and broader public policy imperatives State interest is to maintain separation between claims and litigation processes and broader social imperatives Captive insurer responses to the management of large and catastrophic claims will potentially expose the State to cost shifting For example: a) Approximately 600 700 infants born with cerebral palsy each year, average incidence in Victoria 1.61 per 1000 births, or 112 infants affected by cerebral palsy b) In 2007, the financial cost of cerebral palsy alone was $1.47 billion, or 0.14% of GDP, of which $300 million alone related to gratuitous care indirect and direct health and support service costs c) Incidence expected to remain stable as population increases d) Major consequences if science challenges established arguments re causation

Catastrophic claim costs distribution Ageing population and increasing number of young people with disabilities will continue to impact upon budgeted per capita disability care funding An increase in the proportion of cost borne by the State directly would have incremental effect Claimant expectations for adverse clinical outcomes to be offset by compensation payments would heavily impact upon the State, and upon the viability and utility of the captive insurer model