Health Law article 1

Claims Administrative Services, Inc.

To:     Texas School Districts
From:  Barry Jones, Licensed Risk Manager
Re:     HB 3343 Texas School Employees Uniform Group Health Coverage Act

Impact on Your District

    I.          Implementation date:            September 1, 2002.

    II.         What can my district do to control rates and obtain coverage until September 1, 2002?       

    It is anticipated that many carriers will have substantial rate increases because of their realization that they will no longer write schools with under 500 employees after next September.  Recommendations for controlling your cost for this upcoming renewal are:

Districts with 500 or less Employees

    A.     Many schools currently have only 50% of their employees on their health plan.  This causes the insurance carrier to charge, in most instances, substantially higher than normal rates.  Increasing your district’s contribution will increase your percentage of participation, which should have a positive impact on keeping your rates as low as possible. 

    B.     Contact your current carrier for renewal pricing early to determine if you should go out for bids.

    C.     Should you decide to go out for bids, go out as early as possible.  There will be a tremendous number of schools seeking renewals and quotes this year and the earlier you go out, the better chance you have for obtaining quotes. 

    D.    Obtain your prior years’ loss history from your insurance carrier for at least the past 3 years. Also, determine the status of any claims that are over $10,000 in total cost. This information is important for the insurance carrier to give you their most competitive pricing or, in many instances, to even give you a quote.

    E.     Consider joining with other schools to purchase coverage.  Group buying power will pay off in a one-year purchase.

Schools with 500 Employees, but not more than 1000 Employees

    A.       You must notify the TRS if you want to participate in the State plan next year.  This may be difficult for schools in this category to have enough data to make this decision.  I suggest you contact the TRS immediately for all the information they can provide your district about the plan and your requirements. 

    B.       Suggest following the same recommendations as for schools 500 Employees or less (items A through E) if you plan on joining State plan in 2002.

    C.      Should you decide not to join the State plan we would recommend you:

      1.      Set long-term goals for the district and the employees regarding health insurance.   These goals should be in writing and reviewed semi-annually at a minimum to ensure you are meeting or exceeding the goals you have set.

      2.      Develop plans that will mirror the State plan, and we recommend offering optional plans in addition to the two plans the State will offer.

      3.      Develop a long-term strategy for the type plan your district wants to use:

        a.      Fully Funded Plan

        b.      Self-Funded Plan

        c.      Pool or Group Purchasing of your Plan

      4.      Establish a long-term relationship and commitment based upon the type plan you select such as with the insurance carrier, third party administrator, or member schools in a purchasing group.  This long-term commitment and focus will better assure you of providing a long-term solution for your district and your employees at the most competitive price.  Shopping your insurance every year will in almost every instance increase your annual cost.

      5.      Districts should contribute enough funds annually to ensure 100% participation by all employees in your health plan.  This will give your district the best opportunity to have the most competitive rates.

      6.      Health insurance is one of the largest annual expenditures the district will make except for salaries.  Assign a person or a team to provide oversight to this important budgetary item and, equally important, to provide service to your employees.

Health Risk Pools

    A.       You must as a group and as individual schools determine if you wish to remain a pool or join the State Plan.  Each individual district must notify the TRS how you wish to be considered—as an individual district or as part of the pool.  Contact the TRS for exact rules regarding this notification and your requirements.

    B.       Should you decide to remain a pool and not join the State plan it is suggested you follow item C above for schools in the 500 employees, but not more than 1000 employee category overview.

Self-Funded Plan

    A.         You should determine if you wish to join the State plan or remain self-funded.

    B.         Should you decide to join the State Plan you must be aware that you face some potential liabilities from:

      1.        Run-Out or Tail Claims – Claims that occur prior to your policy expiration, but have not been paid.  You may face two separate issues:

        a.      Time frame in which your excess insurance policy will pay for both Specific and aggregate claims.  You should contact your broker/TPA  and obtain in writing your exact dates of coverage.  It is very common to have hundreds of thousands of dollars that could fall outside your insurance policy period.  This typically is not a problem when you continue to renew, but when you terminate being a self-funded employer this can create some significant financial responsibilities for the district that may not be covered by excess insurance.

        b.      Review your plan document to determine your employees’ filing deadline for submitting a claim for payment.  Often this time frame for filing a claim is much longer than your excess policy will cover.  Once again, this issue normally would not come into play if you continue to renew your plan, but can become an issue when you terminate being a self-funded employer.

        c.      Develop a plan to handle the conclusion of your self-funded policy including notifying employees and medical care providers and for handling the tail or run out claims along with a method of payment of any potentially non-covered claims.

    III.         Cafeteria Plans

      Another important part of the new law is the type of Cafeteria Plan required or providing the appropriate method for paying active employees supplemental income from the $1,000 state contribution for the employee.  The State plan requires:

      A.                 If an active employee is covered by a cafeteria plan, the state contribution ($1,000 annually) shall be deposited in the cafeteria plan.  The cafeteria plan may have a medical savings account option and must include:

        a.      A health care reimbursement account;

        b.      A qualified benefit under Section 125, Internal Revenue Code;

        c.      Option for the employee to receive the state contribution as supplemental compensation; or

        d.      Option to divide the state contribution amount among two or more of the other options provided under the section.

      B.      If an active employee is not covered by a cafeteria plan, the state contribution shall be paid directly to the active employee as supplemental compensation.

        a.      Supplemental compensation must be in addition to the employee’s rate of compensation.

It is important your district comply with this portion of the law regardless whether you choose to join the State plan or not.

For additional information please feel free to contact Bob Mitchell at 1-800-765-2412 or e-mail bjones@hhcccas.com.

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