Speakers: LTC To Face More Scrutiny

March 31, 2009 at 08:00 PM
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Reno, Nev.

A more daunting regulatory environment could be one of the challenges facing the long term care insurance industry over the next 5 to 10 years.

Speakers delivered that message here on a panel at the Intercompany Long Term Care Insurance Conference, an event organized by the Society of Actuaries, Schaumburg, Ill.

The need to develop new and more appealing LTC insurance products and a diminishing supply of care workers are other challenges facing the industry, panel members said.

Regulators will be paying more attention both to consumer protection concerns and to financial concerns, such as pricing, reserving and capital levels, according to Paul Forte, chief executive officer of Long Term Care Partners L.L.C., Portsmouth, N.H.

Long Term Care Partners, a joint venture of MetLife Inc., New York, and John Hancock Financial Services Inc., Boston, administers the Federal Long Term Care Insurance Program.

Although the Obama administration has a liberal majority in Congress, high budget deficits and the soaring cost of existing entitlement programs, such as Medicare, could hinder plans, such as a bill proposed by Sen. Edward Kennedy, D-Mass., to make LTC benefits more available, Forte said.

But the pressure that Americans' lack of private LTC insurance puts on Medicaid could force the government to act, Forte said.

Regulation of insurers' financial management practices is likely to increase at both the federal and the state level, Forte said.

Traditional accounting models have fallen short for many LTC insurers, and LTC insurers' recent financial troubles have only increased regulators' concerns about the adequacy of their capital and reserves, Forte said. Pricing is also a concern because of worries about premium rate stability, he added.

At the same time, state officials are becoming increasingly sensitive to carriers' claims-paying practices, and pressure is building for the kind of independent third party reviews recommended by the National Association of Insurance Commissioners, Kansas City, Mo., Forte said.

State watchdogs also will look more and more at the suitability of LTC product pricing, Forte said. In the end, he warned, insurers may need to hold greater amounts of capital in reserve to sustain LTC commitments and play closer attention to returns on equity and claims data, or face the possibility that future federal regulation would require them to do so.

Forte noted that the issues he was discussing were causing concern even when times were good.

"Over the next 5 to 10 years," he said "we'll have the most difficult economic climate in 80 years."

Another panelist, Malcolm Cheung, a vice president at Prudential Financial Inc., Newark, N.J., predicted that within the next decade, consumers will be able to get LTC benefits from an increasingly broad array of new products.

Non-traditional sources of LTC coverage will ultimately account for 25% or more of total LTC insurance sales, helping to create a significant increase in LTC insurance market penetration, Cheung said.

Today, many consumers find stand-alone LTC insurance products to be too complicated, and insurers are adding twists, such as expressing lifetime maximums in terms of years rather than in terms of dollar limits, that are making the products even more difficult for consumers to understand, Cheung said.

The recent development of Partnership policies, in which states back policy benefits with Medicaid as a form of stop-loss coverage, is one answer to simplifying choices, making LTC insurance attractive for many middle class consumers, he said.

But attempting to combine LTC benefits with life insurance could backfire, by adding one complicated product to another complicated product, Cheung said.

But Cheung said he likes the idea of tying annuities to LTC benefits, using a single premium to pay for an annuity that doubles as paid-up LTC coverage.

Making it easier for consumers to use their 401(k) plans or other retirement accounts to buy LTC coverage also could help, Cheung said.

Cheung speculated that the current economic crisis could ultimately help LTC insurance sales.

The recession is likely to inhibit sales for the immediate future, but it could help future revenue by teaching consumers the importance of planning to reduce risk, which is what LTC insurance is about, Cheung said.

Another panelist, Gary Jacobs, told the audience that the number of licensed nursing home beds will grow more slowly than patient need.

The resulting cost pressures will shift the focus of LTC to home health care and assisted living settings, said Jacobs, a vice president at Universal American Financial Corp., Rye Brook, N.Y. Advances in medical technology and other areas will also kindle growth in home and community care, he predicted.

At least 29 states have reported a shortage of direct-care workers, while geriatricians, registered nurses and custodial care workers are also expected to be in short supply by 2020, Jacobs said.

Just as hospitals have moved to emphasize outpatient care, LTC care may shift from nursing facilities to home and community care, Jacobs said.

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