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C O M P L I A N C E They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice- President & Chief Compliance Officer LifeCare Assurance Company

COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Page 1: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

COMPLIANCE

They Say It’s Broke,So Let’s Fix It!

Session 43: February 28, 2006 Session Producer:

Kirk Shearburn, Vice-President & Chief Compliance Officer

LifeCare Assurance Company

Page 2: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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PANEL• Beth Ludden, FLMI, LTCP, Product

Leader, Genworth Financial Long Term Care Division

• John Greene, Senior Director – Federal Affairs, National Association of Health Underwriters

• Amy Pahl, FSA, MAAA, Consulting Actuary, Milliman – Minneapolis

Page 3: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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2005• Discussion of LTCI needed to determine “whether or not it is viable and should even

be sold” - WI Ins. Comm. Jorge Gomez

• “The overarching issue is whether the product is suitable for anybody.”

“Private LTCI is an important tool that has not lived up to it’s potential.”

- FL Ins. Comm. Kevin McCarty

Page 4: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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FLORIDA HEARING• “Skyrocketing” rate increases

• Contract ambiguity

• Post – Claim underwriting

Page 5: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Back To the Future• Product Development History

– Why?• An answer to the holes left by Medicare for

chronic services – Mid 60’s• Results: Very profitable and sellable product

– Then?• Companies confidently expanded benefits to

HHC & everything else – Mid 80’s – Early 90’s

Page 6: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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COMPLIANCE

Back To the Future

Page 7: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What Happened?

You Can’t But Thanks for Playing

•Why? HIPAA

• Route to Unintended Consequence– Name a snappy product development

feature since 1996

Page 8: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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HIPAA• But it’s a good Thing

– Tax clarification– Definitive benefit

triggers

• But it’s also bad– Insurers feel like only

TQ is good– TQ restricts benefits

to chronically ill definitions

– Many agents to this day do not like not having medical necessity

Page 9: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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But That’s Not All

NAIC LTC Model

Regulation

Page 10: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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LTC Model Regulation

• Good Stuff– Adds to the

credibility & viability of the product

– Important to regulators

– Aim is make product development easier

• Bad Stuff– Uneven adoption

adds to filing process– More forms– Stifles creativity– Hasn’t solved the

image issue

Page 11: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Potential Solutions• Make HIPAA our friend

• Celebrate the consistency & clarity that it really brings to the contract itself

• Industry Activism• Its important that we not take adverse

accusations on the chin• Tell the true story of the power of our product

• Look at the Opportunity – Not at the Competition

Page 12: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Agent Attitudes• While HIPAA has a framework for

product design that largely creates all products alike, there are numerous nuances. Agents/brokers can only know the details of a few at a time. It is a time consuming product to know and difficult to price and compare across plans. Some issues that were identified are:

Page 13: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Agent Attitudes• Prices keep going up • “Leap frog" • Adequate reserves and will prices hold long

term? • Group sales - guaranteed pricing? prices

going up • Preference for indemnity or inflation

protection to help hold the value of the product into the future.

Page 14: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Used by permission: Jeremy Pincus, Principal, Forbes Consulting Group

November 2005

Segmentation ofConsumer Attitudes and Behaviors

toward LTC Insurance:Product Findings

Page 15: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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– 2,732 respondents recruited from the TNS/NFO Worldwide Interactive Panel of 3.6 million individuals completed the LTC questionnaire

– This large sample supported the need to conduct detailed analysis of sub-samples (i.e., 12 segments)

Target MarketTarget Market

Consumer Survey Sample

Page 16: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Product Truth #1: Hospice care is the highest rated benefit across all segments and ages, followed closely by

home care(A)

Family-Centric

(B)Independence

Driven

Hospice care for the terminally ill

Skilled in-home care from a licensed agency professional

Skilled care provided in a nursing home or Alzheimer’s facility

Skilled care provided in an assisted living facility

Skilled nursing care provided in adult day care

Informal in-home care by an outside friend or family member

“How important is coverage for each of the following types of care?

(Top-2 “important”)

43%

73%

83%

86%

89%

95%

42%

56%

79%

84%

87%

87%

39%

53%

68%

72%

72%

84%

(C)Head in the

Sand

22%

30%

36%

39%

33%

42%

(D)Live for

Now

Source: Q42Base: Age 40-49 (n=1,133); Family-centric (n=264), Independence driven (n=302), Head in the sand (n=283), Live for Now (n=284)

= Indicate figure is significantly greater than comparison group at 95% confidenceABCD

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34%

44%

51%

58%

52%

46%

Product Truth #2: Informal care and adult day care are the lowest rated benefits across all segments and ages

“How important is coverage for each of the following types of care?

(Top-2 “important”)

33%

65%

83%

83%

85%

85%

37%

68%

81%

88%

82%

90%

38%

50%

73%

84%

70%

78%Skilled in-home care from a licensed agency professional

Skilled care provided in an assisted living facility

Hospice care for the terminally ill

Skilled care provided in a nursing home or Alzheimer’s facility

Skilled nursing care provided in adult day care

Informal in-home care by an outside friend or family member

(A)Confident Couples

(B)Self-Directed

Singles

(C)Passive

Burdened

(D)Fading Denial

Source: Q42Base: Age 50-59 (n=827); Confident Couples (n=239), Self-Directed Singles (n=184), Passive Burdened (n=210), Fading Denial (n=194)

= Indicate figure is significantly greater than comparison group at 95% confidenceABCD

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Product Truth #3: Nursing home coverage is a mandatory feature, but only as a “necessary evil” with no marketing

appeal“How important is coverage for each

of the following types of care?

(Top-2 “important”)

35%

57%

83%

89%

89%

90%

40%

72%

86%

87%

90%

88%

37%

47%

67%

70%

73%

79%

24%

36%

47%

52%

49%

61%Hospice care for the terminally ill

Skilled in-home care from a licensed agency pro

Skilled care provided in a nursing home or Alzheimer’s

facility

Skilled care provided in an assisted living facility

Skilled nursing care provided in adult day care

Informal in-home care by an outside friend or family member

(A)Comfortable

Realists

(B)Diligent

Preservers

(C)Fear for Family

(D)Value-Seeking

Rejectors

Source: Q42Base: Age 60-74 (n=778); Comfortable Realists (n=210), Diligent Preservers (n=206), Fear for Family (n=203), Value-Seeking Rejectors (n=159)

= Indicate figure is significantly greater than comparison group at 95% confidenceABCD

Page 19: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Product Truth #4: Shared family coverage is most appealing at younger ages, and only among

family-centric segments

(A)Family-Centric

(B)Independence

Driven

Unlimited benefit period that ensures no end to benefits

Automatic benefit increases that keep up with inflation

Coverage for up to 4 family members

A high daily benefit to keep you at home as long as possible

A short waiting period providing quicker access to benefits

A high daily benefit to pay for the finest home or Alzheimer’s facility

Benefits paid out as upfront payments, not reimbursed

“How willing would you be to pay extra for each of the following?”

(Top-2 “willing”)

56%

56%

57%

59%

70%

70%

75%

69%

56%

45%

68%

17%

74%

84%

56%

47%

58%

56%

52%

59%

69%

(C)Head in

the Sand

32%

34%

33%

32%

30%

35%

35%

(D)Live for

Now

Source: Q43

Base: Age 40-49 (n=1,133); Family-centric (n=264), Independence driven (n=302), Head in the sand (n=283), Live for Now (n=284)

= Indicate figure is significantly greater than comparison group at 95% confidenceABCD

Page 20: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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44%

60%

71%

53%

64%

64%

76%

Product Truth #5: Unlimited benefits are highly desirable across virtually all segments

and age groups“How willing would you be to pay extra for each of the following?”

(Top-2 “willing”)

40%

41%

51%

53%

64%

71%

72%

3%

51%

61%

65%

76%

79%

83%

34%

36%

34%

39%

41%

35%

32%

Unlimited benefit period that ensures no end to benefits

Automatic benefit increases that keep up with inflation

A high daily benefit to keep you at home as long as possible

A high daily benefit to pay for the finest home or facility

Benefits paid out as upfront payments, not reimbursed

A short waiting period providing quicker access to benefits

Coverage for up to 4 family members

(A)Confident Couples

(B)Self-Directed

Singles

(C)Passive

Burdened

(D)Fading Denial

Source: Q43Base: Age 50-59 (n=827); Confident Couples (n=239), Self-Directed Singles (n=184), Passive Burdened (n=210), Fading Denial (n=194)

= Indicate figure is significantly greater than comparison group at 95% confidenceABCD

Page 21: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Conclusion

• No surprise, people are willing to consume as high a level of service as they can get

• Informal care and adult day care are not valued as an insurance benefit

• Nursing home care has little marketing appeal• Notion of a shared family plan has appeal,

particularly among younger ages and family- centric groups.

Page 22: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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• Underwriting Practices– Cognitive screening– Uninsurable conditions– Exceptions

What’s Wrong?

Page 23: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Right?

• Underwriting Practices– Medical histories– Quick reaction to experience

Page 24: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Wrong?

• Pricing– Persistency– Interest rate– Cost of inflation protection– Rate subsidization

Page 25: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Right?

• Pricing– Morbidity??

Page 26: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Wrong?

• Design– HIPAA limitations– Too many options?

Page 27: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Right?

• Design– Comprehensiveness– Group packaging

Page 28: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Wrong?

• Claims– ALF– Lack of enforcement– Lack of rigor

Page 29: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Right?

• Claims– Consumer-friendly

Page 30: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Wrong?

• Marketing and Distribution– Previous focus on 65+ market– Narrow sales capability

Page 31: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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What’s Right?

• Marketing & Distribution– Needs-based approach– Focus on agent and consumer education

Page 32: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Is Simple Better?

• Cash Benefit

• Base Benefit with fewer options

• Entirely new chassis– Features from other products– Trigger change

Page 33: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Trade-off:Simple vs Complex

• Simple – more flexible

• Simple – higher cost

• Complex – match of benefit and cost

Page 34: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Pie-in-the-Sky Product

• Buyer Needs– Affordability– Non-forfeiture Value– Claim-time flexibility– Certainty

• Seller Needs– Risk profile– Profitable– Product in demand

Page 35: COMPLIANCECOMPLIANCE They Say It’s Broke, So Let’s Fix It! Session 43: February 28, 2006 Session Producer: Kirk Shearburn, Vice-President & Chief Compliance

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Pie-in-the-Sky Product

• Ideas