Medical Mutual Insurance Company of Maine

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Commentary: A Look at the Perplexing Process of Determining Rates

By Terrance J. Sheehan, MD
President & CEO

In various Medical Mutual publications and correspondence to member-policyholders, I’ve mentioned the recent trend of moderated claims and the fact that it bodes well for premium relief because claims are such a significant factor in setting premium rates. Well, we are fortunate to be reporting in this issue of The Advocate on recentlyannounced rate changes that will produce renewal premium reductions for almost all insured physicians in both Maine and New Hampshire for the coming year. At press time, rates for Vermont were still in the midst of an actuarial analysis.

Yet while I’m sure everyone will agree that it makes complete sense for rates to reflect claims activity, I’m just as certain that most would say there is a significant element of perplexity surrounding how rates are actually determined. Which is why I’d like to take this opportunity to shed some light on the process.

It’s All About Future Expectations

In setting rates, any medical professional liability insurance company must cover the cost of claims and claims related expenses, as well as the operating expenses related to the company’s everyday work. Unlike Medical Mutual, large stock commercial carriers must also factor in the need to show adequate profit for its investors.

Given these needs, what is a fair price for a physician to pay Medical Mutual today to protect against the financial impact of potential claims he or she may face due to his or her delivery of patient care in the coming year? The implication of this question is that we must determine the risks — and the costs associated with them — for potential future events. It goes without saying, then, that the process for doing so is inherently inexact. Particularly since the accounting for potential costs can stretch out years into the future. And the claim itself may not be filed until years after the incident.

We can and must look to the past for insight on the question, but it’s important to note that we cannot and do not use the process to recoup costs for past claims and losses. Again, rates for coverage must only reflect estimated future costs. That said, our actuaries fortunately have access to lots of data they can analyze to guide them in their work.

Of Sample Size, Frequency and Severity

For any kind of insurance, the process of determining rates begins with an analysis of losses aggregated over defined periods of time in a specified market. This includes looking at loss frequency—the variation in the raw number of claims in the market over a specific time period. Claims severity, the measure of the magnitude of financial losses associated with claims, is the other major factor to analyze.

In, say, the automobile insurance market, for instance, future losses are relatively predictable because the frequency is high and the severity is low. In medical professional liability insurance, one has a small number of claims that have a much higher average value and a significantly wider range of possible outcomes.

In smaller markets like Maine, New Hampshire and Vermont, this combination presents a challenge for determining rates. Modest spikes in frequency or a few claims of disproportionately high severity can significantly skew the picture of the local market’s claims experience.

Base Rates and Relativities — The Specialty Factor

This sample size-variability factor is further compounded when you break the physician market down into even smaller specialty groups, which is essential given the varying degrees of risk involved among different medical specialties.

To moderate the potentially drastic peaks and valleys in claims experience to which Medical Mutual’s small service markets can be prone, we also look at national loss data by specialty. Beginning with Family Practice, our actuaries determine the projected losses tied to the ensuing year’s coverage and recommend a premium rate to cover claims and expenses. The actuaries then examine the loss experience of all other specialties, compare them to the base rate established for Family Practice and adjust the specialty rates relative to the variance from the Family Practice base. Hence the term “relativity factor.”

Investments as a Mitigating Influence

Medical Mutual, like all insurance companies, uses its investment income to offset any underwriting losses. This investment activity is regulated by State laws. Accordingly, and in line with our conservative investment philosophy, the vast majority of Medical Mutual’s invested assets are in fixed-income instruments. So the higher the prevailing interest rates, the more Medical Mutual’s investment income can serve as a mitigating factor in the ratemaking process. It’s important to note that, as with past claims losses, we cannot use future premium rates to recoup investment losses, rare as they are.

The Unique Bonus of Dividends

Similarly, Medical Mutual, by virtue of its mutual structure whereby member-policyholders actually own the company, has the ability to declare a dividend when premiums collected exceed the costs of claims, everyday operations and assuring a financially strong company. At Medical Mutual, such dividends, like the one recently declared which aggregates nearly four million dollars, are payable as credits against renewal premiums, thus effectively reducing rates for the year.

Ratemaking and The Medical Mutual Record

So with the inexact nature and complexity of ratemaking, how has Medical Mutual’s process fared? We’re not always the lowest in the market. Like everyone, we’d prefer to be able to offer lower rates when possible (this year’s rate reductions are clearly welcome). But when it comes to proper rate-setting, perhaps the best measure is that as of September 1 of this year, Medical Mutual has been here to protect the assets and reputations of our insureds for 30 uninterrupted years. All with premium rates that in New Hampshire are below national averages (third quartile), while Maine and Vermont are in the lowest quartile nationally.

By contrast, during that same 30-year span, many carriers who did offer lower rates—and some who didn’t—have either become insolvent or left the market voluntarily to pursue more lucrative lines of business or to serve geographic markets that promised better financial returns for medical professional liability coverage.

The ratemaking process may indeed have an element of mystery. But as history has shown, whatever premium rate you pay to Medical Mutual, it’s your assurance that we are here for you when you need us most.