Genworth Appeals LTCI Rate Ruling in Massachusetts

News June 03, 2024 at 01:14 PM
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What You Need To Know

  • State hearing officers recently upheld a rejection of Genworth's request for a 161.6% increase on some policies.
  • Genworth says policyholders in the state are paying unfairly low rates compared with those in other states.
  • State officials questioned the insurer's customer communications and premium needs analysis.
A patient using a walker, and being helped by a health care worker.

Genworth Financial has asked the Massachusetts Supreme Judicial Court to overturn a long-term care insurance rate ruling.

State hearing officers recently upheld a rejection of Genworth's request for a 161.6% increase for its Choice 2 and Choice 2.1 LTCI policies.

Officials objected to what Genworth told policyholders about rates and how it calculated its need for the increase.

A Genworth representative said Massachusetts rulings have limited the rate increase for the LTCI policies within the state to 40%, compared with a national average of 202%.

"Massachusetts policyholders are inequitably paying far less for the same coverage than policyholders in other states," the representative said.

The history: Genworth sold the LTCI policies from 2004 through 2012.

Three years ago, policies covering 10,899 people were still in force, according to Jean Farrington and Matthew Taylor, the Massachusetts officials who presided over the appeal hearing.

Like other LTCI issuers, Genworth is facing the effects of inaccurate assumptions about how LTCI policies would perform. The terms of the policy gave it a legal right to increase the premiums.

In 2018, Genworth asked for a 92% rate increase. Officials let the company phase in a 40% increase.

In 2021, Genworth asked for the 161.6% increase. A rate reviewer denied the request.

The hearing panel decision: Rachel Davison, Massachusetts' acting commissioner of insurance, and the rate hearing officers criticized Genworth's call for a large enough increase to keep its LTCI policies on track through 2081.

"Genworth proposes to raise rates substantially and for a significant time period using projections that may not be valid in the future because its actual experience over that period may vary considerably," the hearing officers said. "Genworth further declines to agree to decrease rates in the future if those projections do not reflect actual circumstances, asserting that it is under no legal requirement to do so."

The hearing officers also analyzed pamphlets that Genworth sent to the LTCI policyholders.

"Only in 2015, three years after the Products were no longer sold in Massachusetts, did Genworth's Important Information statement advise policyholders that premiums could increase, and more than once during their lifetimes," the hearing officers said. "Even then, it offered no advice on the potential timing or magnitude of increases."

Genworth's view: The Genworth representative said that Massachusetts residents own a large share of the in-force Choice 2 and Choice 2.1 policies.

"Unfortunately, Massachusetts is far behind virtually every state on cumulative rate increase approval percentages," the representative said. "Rate increases and associated benefit reductions are important to Genworth's ability to pay future claims."

Credit: Katarzyna Bialasiewicz/iStock

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