Massachusetts Health Insurance Reform - SOA

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Massachusetts Health InsuranceReformImpact on Insurance Markets, Pricing andProfitabilityAugust 2016

2Massachusetts Health Insurance ReformImpact on Insurance Markets, Pricing and ProfitabilitySPONSORSSociety of ActuariesAUTHORSIan Duncan, FSA, FIA, FCIA, FCA, MAAARyung Suh, MD, MPP, MBA, MPHAcknowledgmentsThe authors acknowledge the contributions of the Project Oversight Group appointed by the Society of Actuaries who provided helpfulsuggestions and advice, Alice Rosenblatt, Bob Cosway, John Bertko, and Rina Vertes. SOA staff, Steve Siegel and Barbara Scott also providedinvaluable support.Caveat and DisclaimerThe opinions expressed and conclusions reached by the authors are their own and do not represent any official position or opinion of the sponsoring organizationsor their directors, officers, staff or members. The sponsoring organizations make no representation or warranty to the accuracy of the information.Copyright 2016 All rights reserved by Georgetown University Medical Center

Table of ContentsAbstract . 1Executive Summary . 1Introduction . 36Chapter 1: Background to Reform. 41Chapter 2: Achievements of Reform . 89Chapter 3: The Affordable Care Act . 117Chapter 4: Reactions to Massachusetts Reform . 142Chapter 5: Financial Effects of Reform . 153Chapter 6: Analysis of Individual Member Data. 192Appendix. 227Glossary . 231References . 2330

AbstractMany years of bipartisan health insurance reform attempts in Massachusetts culminatedwith the passage of Chapter 58 of the Acts of 2006, the legislation that designed andimplemented Massachusetts health insurance reform. The objectives of this study were toanalyze (to the extent possible with the available data) aspects of the financial andactuarial effects of Massachusetts reform between 2006 and the passage of the AffordableCare Act (ACA) in 2010, including access, cost, utilization and risk profile of individualinsureds. Financially the reform was successful, with premiums changing onlymoderately year-to-year. The risk-sharing mechanism, popularly known by itsabbreviation1 the “3 R’s,” as implemented in Massachusetts played only a minor role inproviding financial stability to the market. Despite its success in the subsidized market,the Connector, managed by the Massachusetts Health Insurance Connector Authority,enrolled few insureds in the unsubsidized nongroup and small group markets and wasunable to exercise much influence on the merged market. The uninsured in Massachusettsrepresented a relatively small population prior to reform; after reform, which was widelysupported, the uninsured rate dropped to the 2–3% range (although the exact percentageis the subject of dispute). Many of the features of the Massachusetts reform (expansion ofMedicaid, individual mandate to purchase health insurance enforced with a penalty, riskmitigation provisions for the participating insurers, subsidized coverage for low earnersnot eligible for Medicaid) were incorporated in the ACA, and the perceived success ofthe Massachusetts reform arguably was a factor in gaining political support for the law’spassage.Executive SummaryStructure of the Executive Summary: 1The first section is a discussion of the background to Massachusetts reform andthe nine hypotheses that we analyzed for this study.In the next section we report the summary results of the nine hypotheses.We then move to a discussion of more detailed results by program: TheMassachusetts reform resulted in establishment of two programs: CommonwealthCare (subsidized) and Commonwealth Choice (unsubsidized). In Section A, wecompare cost and utilization in Commonwealth Care with Medicaid(MassHealth); in Section B we compare cost and utilization in CommonwealthChoice with Commercially insured lives; in Section C we compare cost andutilization of newly insured Commercial members with existing members.Risk Adjustment, Risk Corridors and Reinsurance.1

In Section D we discuss the cost of reform and the sources of funding.Finally in Section E we propose some lessons for states operating their ownexchanges.BackgroundMany years of bipartisan health insurance reform attempts in Massachusetts culminatedwith the passage of Chapter 58 of the Acts of 2006. Massachusetts had a relatively lownumber of uninsured prior to reform; after reform, which was widely supported, theuninsured rate dropped to the 2–3% range (although the exact percentage is the subject ofdispute). Many of the features of the Massachusetts reform (expansion of Medicaid,individual mandate to purchase health insurance enforced with a penalty, risk-mitigationprovisions for the participating insurers, subsidized coverage for low earners not eligiblefor Medicaid) were incorporated in the ACA. There were both some important structuraldifferences and some that are more subtle:-Unlike the unified approach of the ACA with its sliding scale of subsidies,Massachusetts implemented two separate programs: Commonwealth Care, asubsidized program for those citizens earning between 100% and 300% of theFederal Poverty Level (FPL), and unsubsidized Commonwealth Choice forcitizens earning over 300% FPL.-A new government body, the Massachusetts Health Insurance ConnectorAuthority, was responsible for administering both programs. Access to insurance(subsidized and unsubsidized) was through a new website,www.mahealthconnector.org. The Connector Authority established minimumcreditable coverage, chose participating insurers and health plans that met certainquality standards (the “seal of approval”) and determined the AffordabilitySchedule.-MassHealth, the state’s Medicaid program, was also expanded to some previouslyineligible citizens (although subject to different income limits than the ACA).-The ACA provides a continuously decreasing amount of subsidy as incomeincreases. Subsidized Connector plans, however, provide a fixed subsidy bycategory (making the Massachusetts reform arguably easier to administer).Connector plans divide citizens into five income categories and determinecontributions by category and geography (and later health plan).-Although the Connector operated a system of risk mitigation through revenuetransfers between plans (the “3 R’s”) that is similar in principle to the federal2

ACA version, there were some differences of specifics. For example, riskmitigation applied only to subsidized plans.As we discuss in Chapter 1, the context in which Chapter 58 was implemented inMassachusetts was different from that of the ACA in most states. Massachusetts hashistorically had a high percentage of the population covered by insurance and a relativelyrobust (although complicated and confusing)2 range of coverage for those eligible forMedicaid and other state support programs. For example, in 2006 (the last year prior tothe introduction of the reform) U.S. Census data show that the national uninsured rateamong the under-65 population was 17.1%, compared with 10.9% in Massachusetts.3Eligibility for different programs is illustrated in Table E.1.Table E.1 Key Features of Different Massachusetts CommonwealthChoice18 ; Income 300%FPL; no affordable ESIUnsubsidizedCommonwealthCare100% Income 300%FPL and not eligible fora MassHealth programSubsidized(sliding scale)Benefit PlansCommercial; 3 benefittiers yments;contributions vary byincome categoryMassHealth(Medicaid)Income 100%;pregnant; children 18etc. (see Fig. oryAdministrationConnector contracts with “seal ofapproval” Commercial insurersConnector contracts withMedicaid Managed CareOrganizationsMassHealth (EOHHS) contractswith MMCOs and also administersFee-for-Service programThe Nine HypothesesThe objectives of this study were to analyze (to the extent possible with the availabledata) the following aspects of the financial and actuarial effects of reform:2The complicated benefit structure of MassHealth contributed to the difficulties programming the ACAcompliant website that the state designed to implement the ACA. In its first implementation of the ACA in2010–2013, the Commonwealth attempted to build flexibility to encompass this complicated set ofprograms into its website, so that eligible citizens could enroll in both the exchange and MassHealth. Thecomplicated enrollment algorithms proved the undoing of the website, and the first enrollment under theACA in 2013 was completed largely manually. A second website was finally launched successfully in timefor the 2016 enrollment season.3See Table 1.2; for Medicaid programs available to different classes of beneficiaries, see Figure 1.9.4A glossary of abbreviations is provided at the end of this study.3

1. Whether reform of the individual market improved access and reduced costfor individual insurance.2. Whether reform of the individual market had a negligible or possibly positiveeffect on the small group market (premium rates and scope of benefit)following the merger of the two markets.3. Whether mandating coverage to individuals improved the risk pool inindividual and small group markets as young or healthier adults whowere previously uninsured took up coverage.4. Whether mandating coverage to individuals increased the premium-payingpool of healthy previously uninsured lives in the individual and small grouppool.5. Whether on balance the additional lives added to the pools contributed morein premiums than the additional costs imposed, resulting in a net decreasein premiums and possible better benefits (reduced out of pocket costs for care)for prior pool participants.6. Whether standardizations of benefits helped offset risk-selection amongplans.7. Whether younger/healthier lives (under age 30) eligible for Young AdultPlans subsidize the rest of the pool.8. The extent of the change in premiums since reform and whether this hasreflected underlying changes in contractual arrangements with providers.9. The extent to which previously uninsured members enrolled in subsidizedplans reacted to changes in the relative prices of their insurance (i.e., theirelasticity of response to changes in relative prices).To analyze the effects of Massachusetts reform, we obtained detailed claims andeligibility data for Commercial and Connector insured members from the MassachusettsHealth Care Quality & Cost Council (QCC)5 and Medicaid data from MassachusettsMedicaid (MassHealth). We also obtained financial information about the performance ofthe Connector plans from the Connector Authority. Because we were unable to obtainpremium or benefits information to analyze relationships between claims and premiums5The Health Care Quality and Cost Council was eliminated by the state in response to the Affordable CareAct and replaced by the Center for Health Information and Analysis (CHIA). At the time of writing the legalstatus of the QCC’s data is unclear.4

for Commercial plans, we were not able to address all our original objectives. Results ofour analyses are summarized (by objective) in this Executive Summary.Approval for the study protocol was obtained from the Georgetown Universityand Massachusetts Connector Institutional Review Boards.Summary of Findings and ConclusionsBelow, we address the nine objectives (hypotheses) of the study separately. Someanalyses address more than one of the original objectives.1. Hypothesis 1:6 Reform of the individual market improved access and reduced costfor individual insurance.Result: The merger of the individual and small group markets simultaneously with theintroduction of the Massachusetts Connector resulted in a reduction in individualmarket premiums.DiscussionA goal of the reform, one that became a guiding principle of the Connector Authority,was the simultaneous achievement of improved access to, and reduced cost of, care.Actuaries and others may consider these two goals as potentially contradictory: Howcan access increase without driving up the cost of insurance? Economic theory wouldsuggest that without an increase in the supply of services, an insurance-promotedincrease in demand for services will drive up prices. There is some evidence of thishappening in Massachusetts, although we should note that state officials took anumber of steps to control both prices and cost of insurance.Our analysis of the Massachusetts data shows a significant increase in thenumbers of newly insured lives: The authors’ estimate of total new enrollment inMedicaid, the Connector’s Commonwealth Care and Commonwealth Choiceprograms, and Commercial insurance amounts to approximately 540,000 lives.Almost half of this number enrolled in Medicaid coverage; 76% of the newly enrolledMedicaid lives enrolled in existing Medicaid categories for which the member waseligible prior to reform. Commonwealth Care enrolled 38% of the new lives, and theremaining 15% enrolled in Commercial coverage, split approximately evenly betweenthe Connector channel and other (mainly employer) plans. The authors’ data show6This study is organized around eight hypotheses as originally proposed to the Society of Actuaries, plus asubsequently added hypothesis about response to changes in member costs. The available data do notalways allow us to draw conclusions on all hypotheses.5

approximately 3 million enrolled lives in Commercial insurance at year-end 2010 (thelast year for which we have data). At this time, 40,000 members were enrolledthrough the Connector (5,209 of whom were in “Young Adult Plans”).The Connector exercised considerable influence over the market that it managedand funded (Commonwealth Care). This influence was not matched in theCommercial market, reflecting the Connector’s low enrollment numbers.Although the Connector achieved its primary mission of expanding coverage, itwas less successful in its secondary mission of reforming the combined Small Groupand individual market and reducing rates. For example, continued rate increases in theCommercial market after reform culminated in the intervention of the governor in themarket in February 2010 to freeze rate increases. The administrative cost of theConnector was also non-negligible: While the more recent budgets are inflated by theresources needed to implement the ACA, budgets prior to the implementation of theACA exceeded 40 million annually.Table E.2a Newly Insured Populations as a Result of Massachusetts ReformTotalEnrollment252,000MassHealtha- Prereform categories- Expansion categories190,00062,000Commonwealth Careb206,394Commonwealth Choiceb- Nongroup- Small Group41,788Other Commercial EnrollmentcTotal42,212542,394a36,7425,046At December 2010.bAt June 30, 2013.cAuthors’ estimates using QCC data.The highest enrollment achieved by the Connector (individual and small group)during the period for which we have data amounted to 43,734 (November 2012). Of6

this enrollment, nongroup (individual) amounted to 36,515, and group, 7,219. As apercentage of the total nongroup enrollment, the Connector’s market share, whilegrowing, only exceeded 10% in 2012. In Table E.2b, we show estimates of the totalindividual insurance enrollment in the state between 2008 and 2012, together withcorresponding Connector enrollments and market share.Table E.2b Connector Market Share: Individual (Commercial) %6.9%5.8%5.3%4.0%Total 0Commonwealth 88.2%28,9178.9%19,5596.6%15,9917.2%Massachusetts population and individual market size are estimated from Health InsuranceHistorical Tables—HIB Series: US Census. http://www.census.gov/hhes/www/hlthins/ data/historical/HIB tables.html. Connector enrollment data were supplied by the Connector; see Chapter 3. The number ofnongroup insureds is higher than that reported in Gorman et al. [1] who reported 66,000 nongroup and112,000 one-life small group members in a sample of 2005 enrollments.2. Hypothesis 2: Reform of the individual market had a negligible or possibly positiveeffect on the small group market (premium rates and scope of benefit) followingthe merger.Results: The Connector’s Exchange website offered Commonwealth Choice(unsubsidized) access to nine health plans and four (later five) Managed CareOrganization health plans for Commonwealth Care. The Connector improved accessto nongroup plans and provided education about health care choices and the ability tocomparison shop. The website was so successful that it provided the model forhealthcare.gov. Simultaneously with the launch of the Chapter 58 reforms, the statealso merged the individual and small group markets. The merger reduced premiumsfor individual purchasers by 20–33% but raised premiums in the merged markets by3.4%,7 primarily impacting small employers.3. Hypothesis 3: Mandating coverage to individuals initially improved the risk pool inindividual and small group markets as young or healthier adults who werepreviously uninsured took-up coverage. However, younger/healthier lives (26 and7See Welch and Giesa [91].7

under) eligible for Young Adult policies did not join in sufficient numbers tosubsidize the rest of the individual and small group pool.Result: The population enrolling in both Commonwealth Care and CommonwealthChoice initially skewed younger than the state age distribution. Following the passageof the ACA extension of parent insurance to age 26, enrollment of younger membersin both programs fell, relative to older members, to the point where it is unlikely thatyounger members are providing a significant subsidy to either pool.DiscussionThe Commonwealth Care population represents a block for rating purposes; rates areestablished based on the experience of that program only. Commonwealth Choicemembers, on the other hand, are a small population within each carrier’s larger mergedmarket block. Within the Commonwealth Choice program the relatively older enrollmentcould tend to raise rates, although the enrollment is too small to affect this pool.Table E.3 Commonwealth Care Enrollment by Age vs. Massachusetts PopulationFiscal Year18–2627–3940–4950 FY 200735.8%20.9%17.8%25.5%FY 200829.1%23.0%19.6%28.3%FY 200925.5%23.5%20.3%30.7%FY 201025.8%22.0%19.5%32.7%FY 201123.8%22.0%19.3%34.9%FY 201219.3%23.5%19.6%37.6%FY 0%MassachusettsPopulation*Table E.4 Commonwealth Choice Enrollment by Age vs. Massachusetts PopulationYearDecember 2007December 2008December 2009December 2010December 2011December 2012June 2013MassachusettsPopulationa .1%24.1%19.1%865 %100.0%100.0%100.0%100.0%-100.0%

aMassachusetts Population 18–64, 2010 U.S. Census.4. Hypothesis 4: The previously uninsured that took up coverage were healthier thanthe previously insured, increasing the premium-paying pool of healthypreviously uninsured lives in the individual and small group pool.Result: The effect of enrollment differs according to population and the risk profile ofthe newly insured, relative to the existing insureds and the pools’ premium rates.Some groups were healthier than the previously insured; other groups appear to beless healthy and could potentially have the opposite effect on rates.DiscussionAccess to detailed claims data from the QCC allows us to apply risk adjustment8 to thecost and utilization outcomes of each program.9 Risk adjustment is a relatively newactuarial technique that allows populations to be compared based on their relative risk.“Relative risk” is calculated as a function of age, sex and conditions (diagnoses) presentin the population. Risk adjustment allows us to compare quantities between two differentpopulations with different risk profiles. Two models are used in this study: financial risk,in which the dependent variable is member cost (i.e., the model is predicting the relativecost of each member), and utilization risk, in which the dependent variable is a measureof utilization. Two models are used because financial and utilization risk are notnecessarily the same, because of the relative costs of treatment of different conditions, theactual treatment received by the patient, the provider(s) that the patient uses, etc. Riskadjusting the populations (relative to the either the Commercial population or MassHealthpopulation as the benchmark, depending on whether we are analyzing the unsubsidized orsubsidized program, respectively) allows us to compare utilization and cost of eachpopulation relative to each other and to the respective benchmark populations.Table E.5a Comparative Risk Scores for Newly Enrolled Members by PopulationCommonwealth CareFinancial Risk ScoreUtilization Risk ScoreFiscal %Annual Percentage Change8We used the DxCG Commercial condition-based concurrent risk adjuster from Verisk Health.Risk adjustment of cost measures is performed using the DxCG Financial risk model; risk adjustment ofutilization measures is performed using the DxCG utilization model.99

Commonwealth ChoiceFinancial Risk ScoreUtilization Risk ScoreFiscal 0167,26840.80.8161.5210.5581.088 16.1% 11.9% 19.4% 12.8%Annual Percentage ChangeCommercial Newly InsuredFinancial Risk ScoreUtilization Risk ScoreFiscal 91.21420101,398,44057.42.8001.5211.8631.088Annual Percentage Change6.0% 3.9%8.7% 3.6%The effect of enrollment differs according to population and the risk profile of thenewly insured, relative to the existing insureds and the pools’ premium rates. Below, wereport key measures of risk and cost from the Commonwealth Care and CommonwealthChoice programs and the Commercial newly insured members and compare these withthe measures for the corresponding insured populations.In Table E.5b we compare the risk-adjusted utilization and cost of threepopulations (CommCare, CommChoice and newly enrolled Commercial members) overtime.10

Table E.5b Comparative Utilization and Cost for Newly Enrolled Members CareRisk-AdjustedFiscal 98.240.5Annual % Change19.7% 6.1%CommonwealthChoiceCommChoiceTotal NetPaid AmountTotal Net PaidAmount 219.40 358.56Inpatient/1,000200862.92010Annual % ChangeCommercialNewly Enrolled Inpatient/1,000Total NetPaid mercialTotal Net PaidAmount84.4 270.87 47.258.2 229.68 13.4% 17.0%Commercial 56.358.2Annual % Change 20.7% 17.1%Inpatient/1,000Total NetPaid Amount226.8674.5%119.4%171.0881.1%134.3%4.3%6.0% 13.2%CommercialNewRisk-AdjustedFiscal YearRatio CommChoice/CommercialRisk-AdjustedTotal NetPaid AmountCommNewRatio CommCare/MassHealthRisk-AdjustedCommercialFiscal YearMass HealthCommercialRatio Commercial New/CommercialRisk-AdjustedInpatient/1,000Total NetPaidAmount211.51105.7%62.5%171.0896.7%49.4% 4.3% 11.1%Total Net PaidAmountTotal Net PaidAmount 132.1184.51 20.0% 10.1%5. Hypothesis 5: The balance of the additional lives contributed more in terms ofpremiums than the additional claims imposed.Result: We were able to study the relative premiums and costs of theCommonwealth Care population but not the Commercial populations (because wewere unable to obtain premium revenue information). In aggregate over the sevenyears the Commonwealth Care Managed Care Organization (MCOs) experienced aloss of 0.5% of capitation payments after expenses that averaged 8.6% of capitation.Discussion11

The Commonwealth Care program was financially stable during the period FiscalYear (FY) 2007–2013. The state paid approximately 4.8 billion in net capitationpayments to participating MCOs, who experienced an average loss ratio of 91.3%.Over the seven-year period, MCOs (in aggregate) made a small profit in the earlyyears, which became a loss after the Connector assumed a more aggressivecontracting strategy in FY 2011. In aggregate over the seven years the MCOsexperienced a loss of 0.5% of capitation payments after expenses that averaged 8.6%of capitation. It is important to note in this context that the Commonwealth Careblock is a relatively small portion of the business that an MCO has with the state: Thenumber of MCO Medicaid lives in the MassHealth program significantly exceeds itsCommonwealth Care enrollment, allowing the MCO to tolerate small losses onCommonwealth Care to retain its MassHealth business.Although the Connector operated a “3 R’s” risk mitigation program (similar tothat under the ACA) the net amount of stop-loss payments (premiums paid by plansless stop-loss reinsurance payments received by the plans) and Risk Corridorpayments (referred to as Aggregate Risk Share) was small on an annual basis and intotal. The Reinsurance program was designed to be self-sustaining, but somevolatility (due to catastrophic claims) was to be expected. As it was, the reinsurancepool was relatively stable. Prospective Risk Adjustment of capitation rates wasapplied quarterly at the point that rates were paid to the MCO, so a retrospective RiskAdjustment reconciliation was unnecessary. The Risk Corridor program experiencedthe largest variation in experience, with large payments being allocated from one planto another. The net amount of these payments may be seen in the line “Aggregate NetShare” in Table E.6. Aggregate Risk Share payments to/from individual plans areshown in Chapter 5.Table E.6 Commonwealth Care (Subsidized) Program Financial Results 2007–2013 MillionsFY 2007Oct.1,2006–June 30,2007FY 2008July2007–June2008FY 2009July2008–June2009FY 2010July2009–June2010FY 2011July2010–June2011FY 2012July2011–June2012FY 2013July2012–June2013Total 625.9 806.3 748.4 805.0 803.4 863.3 4,781.7 TOTALCapitation 129.4Net Stop-Loss 0.1Revenue 129.5 626.0 806.5 748.5 805.0 803.4 863.2 4,782.2Total Medical Costs 111.1 555.1 693.6 712.2 722.4 737.5 860.1 4,392.0Expenses 16.8 5409.8

Profit/(Loss) 1.5 15.6 Aggregate Risk Share 0.3 (1.1)Profit/loss after RiskShare 1.8 14.5Expenses/CapitationProfit (Loss)/Capitation40.2 (22.0) 23.0 (1.5) (76.5) (19.7) (14.9) (9.9) (0.5) 15.4 (3.5) (14.7) 13.1 (2.0) (61.1) 2.3%3.1%-2.0%1.6% 0.2% 7.1% 0.5%6. Hypothesis 6: Standardization of benefits helped offset risk selection among plans.Result: Commonwealth Care offers only a single standard design, so consumers wereable to choose an MCO but not benefit plan. Competition among MCOs resulted invarying member contributions because the Connector pegged contributions to thelowest capitation rate in a geographic area and charged members the differencebetween this premium and the MCO’s premium. To the extent that variation infinancial results of different MCOs was reduced this was likely the result of the 3 R’sprogram rather than standardized benefits. The Connector standardized benefits tosome extent in the Commonwealth Choice market, which resulted in a simplershopping experience online. However, the Connector’s block of enrollees was toosmall to affect Commercial rates.DiscussionCompetition among MCOs also resulted in significant swings in relative membercontributions by MCO in different years. Members responded to changes incontributions by switching MCOs at open enrollment, although member response wasless sensitive than has been reported in the literature for employee groups. We did nothave benefit information for Commercial plans. Although the Connector attempted tolimit plan choices offered to Commonwealth Choice enrollees initially, the widerarray of choices available directly from insurers outside of the Exchange, and thedemands of the marketplace led, over time, to the Connector expanding its range ofchoices.7. Hypothesis 7: Younger/healthier lives subsidized the remainder of the pool.Result: There were insufficient numbers of young adults (particularly followingpassage of th

Many years of bipartisan health insurance reform attempts in Massachusetts culminated with the passage of Chapter 58 of the Acts of 2006. Massachusetts had a relatively low number of uninsured prior to reform; after reform, which was widely supported, the uninsured rate dropped to the 2-3% range (although the exact percentage is the subject of

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