How Insurance Actually Works

Hidden inside this Wall Street Journal editorial there’s a neat explanation of how most “employer-provided” insurance plans are actually paid and administered, at least in the case of large companies:

In an aside in a Federal Register document filed this month, the Administration previewed its forthcoming regulation: “We also intend to propose in future rulemaking to exempt certain self-insured, self-administered plans from the requirement to make reinsurance contributions for the 2015 and 2016 benefit years.”

Allow us to translate. “Self-insured” means that a business pays for the medical expenses of its workers directly and hires an insurer as a third-party administrator to process claims, manage care and the like. Most unions as well as big corporations use this arrangement.

But the kicker here is “self-administered.” That term refers to self-insured plans that don’t contract with the Aetnas and Blue Shields of the world and instead act as their own in-house benefits manager.

Almost no business in the real world still follows this old-fashioned practice as both medicine and medical billing have become more complex. The major exception is a certain type of collectively bargained insurance trust known as Taft-Hartley plans. Such insurance covers about 20 million union members, and four out of five Taft-Hartley trusts are self-administered.

There’s no conceivable rationale—other than politics—for releasing union-only plans from a tax that is defined as universal in the Affordable Care Act statute. Like so many other ObamaCare waivers, this labor dispensation will probably turn out to be illegal.

More than half of all employer-provided healthcare insurance is self-insurance and very, very few companies actually administer the claims themselves. However, unions do. If you add up all of the employers who self-insure plus unions and grandfather their plans, there isn’t a whole lot in employer-supported healthcare insurance left except for what’s been characterized as “substandard plans”, as circular a term as I’ve ever heard.

Right now we’re hearing about cancellations of plans in the individual insurance market but next year the big news will be the cancellation of small group plans.

10 comments… add one
  • jan Link

    I’m reviving this old Washington Post piece describing the aftermath of the February 2010 Blair House Healthcare Summit held prior to the PPACA being signed into law by President Obama. The strident and divisive atmosphere surrounding the construction of this legislation is very apparent in this piece — something that has not faded over time. In fact the law is even more unpopular and unseemly today, in it’s IT glitches, winners/losers scenario, and how it is gutting and negatively transforming people’s insurance options — more than anyone could have imagined.

    President Obama declared Thursday that the time for debate over health-care reform has come to an end, closing an unusual seven-hour summit with congressional leaders by sending a clear message that Democrats will move forward to pass major legislation with or without Republican support.

    Democratic leaders face a heavy lift in reviving their stalled bill, a process that would involve intricate parliamentary maneuvering and carries no guarantee of success. But Obama signaled that if meaningful GOP cooperation does not materialize in the weeks ahead, he is ready to proceed without bipartisan support and risk the political consequences.

    I watched a major portion of that streamed conference, and was struck by how contrived it appeared, reminding me of council meetings I’ve attended, where council member minds were already made up. However, they had to allow public input, feigning interest in the concerns voiced by citizens, although most knew it was nothing more than a government dog-and-pony show, to appease the community. So, it seemed in this 7-hour summit, where the President’s main thrust was “I won. Live with it.”

    A comment, though, was made by Lamar Alexander that I have always remembered. He felt big pieces of legislation, such as health care or immigration reform, were better served in smaller bills, rather than bulky, complex comprehensive ones that would be difficult to manage or even understand. His words, IMO, have proved to be prescient, especially given the initial turmoil seen in the PPACA roll-out, with only endless flaws and problems seen on the horizon.

    For example, the effect it’s had on the smaller individual HC market is only the beginning of a much larger one, when business plans come into play. Then there are implications brewing, regarding a worsening of risk profiles for 2014 than expected — meaning more sick people being insured raising the costs for insurers and increasing the possibility of a need for a government ‘insurance fix,’ much like what is annually done with it’s ‘doc fix,’ to keep medicare physician payments viable. In other words, the numbers exceed the projections, so they have to be crunched with a ‘fix,’ moving the cost curve quietly upwards.

    The PPACA is simply riddled with gimmicks and demographic/cost allusions that make it unworkable except in the eyes of it’s beholder — the social progressives.

  • jan Link

    Lesson Is Seen in Failure of Law on Medicare in 1989

    The tortured history of the catastrophic-care law is a cautionary tale in the context of the struggle over the new health law, the Affordable Care Act. It illustrates the political and policy hazards of presenting sweeping health system changes to consumers who might not be prepared for them. And it provides a rare example of lawmakers who were willing to jettison a big piece of social policy legislation when the political risks became too grave.

    Deja vu.

  • ... Link

    That “self-administered” insert is rather disturbing. It’ll be interesting to see how many plans get cancelled around this time next year.

  • Red Barchetta Link

    As I pointed out in a comment about a week ago, the small group cancellations have actually started. We (our firm) got our notice. Of course, as I noted, it wasn’t because of a “bad apple” or “swiss cheese” plan, but rather because its a “Cadillac plan,” for which we pay through the nose.

    Aside from exposing the lie of “bad apple” plans, it should strike people as odd that a huge premium payer should be forced to drop under ObamaCare given the premium increases for others. It should also strike people as odd that an insurance company (“evil” and “greedy” as they are) would want to cancel the policy of a big premium payer.

    If I was a cynic I might think this is really not about sound actuarial science, economics or betterment of the system, but government coercion for political purposes. If, that is, I was a cynic.

    Did anyone see Nancy Pelosi over the weekend? I thought only men used “deny, deny, deny.”

  • PD Shaw Link

    Drew, the Cadillac plans are being phased out, but my understanding is that the definition of a Cadillac plan becomes broader over time, until over half of all insurance plans are Cadillac plans in several years. (I’m not sure what the technique is, but I suspect the defined actuarial value is constant, while medical inflation continues)

    I personally think Cadillac plans are used at least partly as a tax-dodge by people with high marginal tax rates, so I don’t have too much of a problem with this. McCain proposed taxing employer-provided healthcare insurance in 2008, for which Obama ridiculed him in the debates.

    I’m not sure why the ACA operates this way though. Instead of capping the income tax exemption, it imposes an excise tax. Instead of keeping it at a steady position, it will consume over half of all employer insurance at some point. Arguably, employer insurance can avoid the tax by offering less benefits, but reducing benefits seems to contradict what we’re told is happening.

  • Red Barchetta Link

    “I personally think Cadillac plans are used at least partly as a tax-dodge by people with high marginal tax rates, so I don’t have too much of a problem with this.”

    PD – All I can relay is my personal experience. My personal health care insurance is a “draw” under the LLC, and is taxable at my marginal rate. Further, we provide these “Cadillac plans” to our employees as a straight expense and reduction in draw potential. The truth is we get financially killed here. But its a conscious decision wrt employees, and the law on personal draw.

    Of course, as sam has informed us, all us private equity guys are tax scammers. I guess we only decide to run scams when the issue is carried interest, but not scam when we get taxed for health benefits. Schitzo, I guess………

  • Red Barchetta Link

    BTW –

    My partner and I are exactly the type who will end up with lower premiums, although a lesser plan, and lower expenses I pay for the employees. They have younger kids. And further, I can have an element of “self insurance,” if you wish.

    I’m better off, my guys less well off.

    This whole thing is so bizzaro you can’t make this shixt up.

  • PD Shaw Link

    @Drew, I am not making a personal claim about you or your firm’s motivations. I can make the claim about myself:

    I’ve always purchased dental insurance for myself, considering my history made me a high risk for dental problems, but not for the rest of my family. A few years ago, I handwrote a spreadsheet to compare my dental expenses the previous year without insurance, and what they would have been with insurance for the entire family, including tax incidents. It was actually a no-brainer, and I would save money regardless of the tax benefit, but my plan was to consider them.

    Maybe I hate taxes more than most people, but I doubt it, I’ve voted in favor of every tax hike referendum. I will optimize under existing rules though.

  • jan Link

    Steve and others have discounted the mere 5% of individual HC plans effected by insurance cancellations, citing the greater good of HC reform, and continuing to commend the party who took a “political risk” in it’s introduction. However, as Obamacare plays out, more and more is revealed including the fact that the 5% number is a con job by the administration.

    On October 17, the Obama Department of Health and Human Services, represented by the Obama Justice Department, submitted a brief to the federal district court in Washington, opposing Priests for Life’s summary judgment motion. On page 27 of its brief, the Justice Department makes the following remarkable assertion:

    “The [ACA’s] grandfathering provision’s incremental transition does not undermine the government’s interests in a significant way. [Citing, among other sources, the Federal Register.] Even under the grandfathering provision, it is projected that more group health plans will transition to the requirements under the regulations as time goes on. Defendants have estimated that a majority of group health plans will have lost their grandfather status by the end of 2013.

    So, while the president has been telling us that, under the vaunted grandfathering provision, all Americans who like their health-insurance plans will be able to keep them, “period,” his administration has been representing in federal court that most health plans would lose their “grandfather status” by the end of this year. Not just the “5 percent” of individual-market consumers, but close to all consumers — including well over 100 million American workers who get coverage through their jobs — have been expected by the president swiftly to “transition to the requirements under the [Obamacare] regulations.” That is, their health-insurance plans would be eliminated. They would be forced into Obamacare-compliant plans, with all the prohibitive price hikes and coercive mandates that “transition” portends.

  • jan Link

    A photo journal of Obamacare.

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