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TESTIMONY

 HOME HEALTH CARE INSURANCE

HOUSE INSURANCE COMMITTEE

AUGUST 15, 2000

HARRISBURG, PA

 

ROSS SCHRIFTMAN, RHU, LUTCF

LEGISLATIVE CHAIR

PENNSYLVANIA ASSOCIATION OF HEALTH UNDERWRITERS

 
 
1250 Easton Road #270
Horsham, PA 19044
215/682/7075
FAX 215/682/7076
 
 
TESTIMONY
My name is Ross Schriftman.  I serve as Legislative Chair of The Pennsylvania Association of Health Underwriters.  Our membership is primarily composed of insurance agents and brokers who sell health insurance products including long term care insurance.  Personally, this is my 15th year in the sale of long term care insurance to my clients.
 
The insurance product for long term care has evolved over the years.  Originally, it was a facility only plan covering nursing home stays.  Today’s product is much more comprehensive covering home care, adult day care, assisted living facilities as well as nursing facility stays.  When we say long term care insurance today we include home care insurance as well.
 
It is important to note that long term care and long term care insurance are two separate items.  Long term care is provided by home health agencies, assisted living facilities and nursing homes.  Long term care insurance is a financing mechanism in order to pay for long term care services.  For most people long term care insurance is the most cost effective way to pay for these services.  Other ways to pay include self insuring or as I refer to, the 100% plan.  What that means is that every dollar of service provided  costs one dollar out of a person’s pocket.  When comparing self insuring to purchasing long term care insurance and letting the insurance company pay these costs, most people are better off with the insurance.  Another way to pay for long term care services is by having family members or friends pay for it or take the time themselves to provide it.  This is the least likely to happen in today’s world.  Friends and family members need to work and have other family responsibilities.  The last way to pay for long term care is through the Medicaid program.  People need to “spend down” their life savings in order to qualify and even then, law restricts the benefits.
 
You can tell that we have a bias toward the purchase of long term care insurance as the appropriate choice in most cases.  People may be able to keep their assets, choose the facilities and types of care they receive and not be a burden to their families.  People also prefer their home as the setting for their care as opposed to being institutionalized.  It is rare that someone will say, “I’d rather be in a nursing home if I need care, than my own home.”  Unfortunately, there may be a time when someone needs to be cared for 24 hours a day and then care at home could be enormously expensive.
 
What is the cost of home care?  I have heard the figure $12,000 per year used quite often when the Medicaid program is being discussed.  This is used as a reason to increase the number of home care waivers under Medicaid since it is felt that the cost to the taxpayers will be less with home care benefits than with nursing facility benefits.  However, consider this.  $12,000 per year equates to only $33 per day.  In the Philadelphia area, the home care agencies I have surveyed charge $15 to $17 per hour for a home health aide. 
Therefore, using the $12,000 per year figure, only 2 hours per day of assistance would be available.  Perhaps the $12,000 amount is an average that includes short term stays.  Just an 8-hour shift at $15 per hour comes to $120 per day or $43,800 per year.  As you can see, providing a continuum of home care can be enormously expensive.  Dr. Spock, the famous pediatrician who raised a generation spent over $100,000 for home care services during the last year of his life and died destitute.
 
Now to the issue at hand.  Our Association is very concerned about the development of home care plans that claim not to be insurance.  We commend Chairman DeLuca for introducing HB2198 to address this issue.  We would suggest that the Insurance Department needs to regulate pre-paid plans whether they be for home care, nursing care or other long term care services.  The public needs to be protected and regulations need to be in place to enforce those protections.  We would suggest that HB2198  be revised to read “long term care including pre-paid plans” instead of “long term care and home care”  It is important to know that home care insurance is a form of long term care insurance and that comprehensive long term care insurance includes both home care and facility care coverage.
 
Recently, I was approached by mail by the marketers of one of these home care plans to sell their product.  Since I knew this hearing was scheduled and since I try and review products that I may want to offer to my clients, I sent in the reply card and received a packet of information.  Although touted as not being insurance, the applicant would need to qualify medically to be approved to receive a contract.  Also, benefits would be activated when the person could not perform their activities of daily living.  Furthermore, there is a premium set by age groups.
 
All these factors indicated to me that this is an insurance product despite the statement of the promoters.   It was similar to an HMO in that selected providers would be the ones providing the services.  The key factor to me was that monies are paid to the plan before services are rendered.  A non-insurance contract to provide a service is normally paid at the time the service is used.  Insurance is something you pay for today so that if an event occurs in the future, the insurance will pay for the cost of that event.
 
I have sent a copy of the materials I received to the Insurance Department and asked for an opinion.  Here are some of the criteria I believe should be used to determine whether the product is truly insurance and thus be regulated by the Department:
 
  • Indemnification of the insured by the insurer
 
  • Profit motive on the part of the insurer
 
  • A future occurrence of a specific, fortuitous event over which the insured and the insurer have no control and the occurrence of which triggers payment.
 
  • An element of risk assumed by the insurer which is spread among a large group of insured's with similar risks at stake.
 
  • Present payment by the insured of a premium to the insurer which is allocated to a general fund, maintained by the insurer to which all premiums in the same risk group contribute and from which the reimbursement payments are made by the insurer.
 
I must point out that there are plans that are not insurance in our opinion.  They are discount plans.  This simply means that participants pay a fee in advance and when they need services they choose from a list of participating providers who are included in a network and then pay for that service at a discounted rate.  This is similar to prescription discount programs and other affinity offerings to members of organizations.  These types of arrangements are not insurance and need not be regulated by the department.
 
The growth of the long term care insurance product is important to consumers and to the government.  Without this growth, the burden on government programs like Medicare and Medicaid will continue to dramatically increase the cost to taxpayers.  Without the growth of the private long term care insurance market, providers such as home care agencies and nursing homes will continue to feel the pressure of payment cutbacks like those that occurred under the Federal Balanced Budget Amendment. The long term care insurance industry is growing rapidly.  The group market for this product has had tremendous growth as well. Employers such as the Federal government and many State governments have enacted legislation to offer this product to their workforces.  Pending legislation both in Congress and here in the General Assembly would provide tax incentives for the purchase of coverage.  Now, HR5002 has been introduced in Congress that would allow Pennsylvania to go forward with our Long Term Care Partnership legislation.  The one thing that could sour all this effort is a loss of public confidence in purchasing this product.  Therefore, we are very concerned about products that are being promoted as not being insurance.  Will the benefits be there when the purchaser needs to access them?  What protections do consumers have if this happens?  Properly regulated products are the protection that the consumers have.
 
We commend the Committee for its work on this issue and offer to be part of your eyes and ears to help regulated our industry.
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