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Home Authors Posts by Louis H. Brownstone

Louis H. Brownstone

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Louis is Chairman of California Long-Term Care Insurance Services, Inc., located in Burlingame, CA. California Long-Term Care is the largest independent specialist long term care insurance agency in California, and is broker for a group of high-producing long term care specialist agents. Brownstone is also past chairman of the National LTC Network, an association of some twenty-five brokerages nationwide which together place about ten percent of all long term care insurance premium. This production makes the Network the nation’s largest independent distributors of long term care insurance. He is also very active in the National Association of Insurance and Financial Advisors (NAIFA), the largest and oldest group of its kind in the insurance industry. One of his goals is to revive the California Partnership for Long-Term Care in order to insure more Californians and save the State of California billions of dollars in future Medi-Cal expense. Brownstone is a native San Franciscan and fourth generation Californian. After graduating from Andover and Stanford, he became an executive in a retail menswear apparel business, Grodins of California. He entered the insurance industry in 1989 and became a long term care insurance specialist in 1991. Louis founded California Long- Term Care Insurance Services in 1997. Brownstone may be reached by telephone at 650-692-5202. Email: [email protected].

Public Long Term Care Insurance Programs

There is an increasing government effort to create public programs to solve the pressing long term care conundrum. This article will examine the causes of this effort and progress to date.

The main causes are twofold and are well known. First, the need for long term care protection is steadily increasing. This is because our population is aging and the need for care grows as one ages and one’s health deteriorates. Millions of Americans have experienced how pervasive, threatening and growing long term care costs have become, and hope that the government can protect them.

Second, the costs of care are very high and are rising faster than general inflation in the economy. This has made meaningful long term care insurance unaffordable for all but the very wealthy Americans. Very few Americans have protected themselves, and most are concerned with other pressing financial concerns. Long term care cost has thus become the greatest threat to retirement plans.

This has resulted in general anxiety of Americans about their future and a growing popular movement for the government to provide a solution. The movement was initially directed at the Federal level by the long term care industry as its long term care insurance became more expensive. This resulted some ten years ago in Congress enacting the Class Act, creating a federal long term care insurance program. However, the Class Act was doomed due to lack of funding and was never administered. That unfortunate experience has been followed by scores of bills introduced in the Congress which have gone nowhere. At this point, with many other budgetary needs, a federal long term solution to the problem is unlikely for many years, if at all.

The insurance industry grossly underestimated the costs of their insurance plans and alarming rate increases and higher rates for new policies occurred. This in turn drove new sales down by as much as 90 percent from previous levels. The industry looked for more profitable ways to offer long term care insurance and promoted linked benefit products with various riders which provided long term care protection. These solutions have had some acceptance, especially with employer plans, but otherwise, they are normally only purchased by the very wealthy Americans.

Over time, the individual states have become concerned about the increasing costs of long term care in their Medicaid programs and the impact on their budgets. They looked at alternative ways of funding the care. They began to think of ways that the government could adopt a program where citizens would save for long term care costs even though most citizens did not have the will to do so on their own.

The State of Washington, with its high costs of care and its liberal governor, Jan Inslee, became the first state to mandate a public long term care insurance program. On July 1, Washington will impose a mandatory payroll tax of .58 percent to fund their public program, providing a small long term care benefit of $36,500 which will rise with the increases in the Washington State consumer price index.

The concept is to provide a small long term care benefit and to encourage citizens to buy wrap-around private long term care insurance. This would protect citizens and save the state many millions of future Medicaid dollars.

But the more one examines the details of a public program, the more complex are the issues that emerge. The first major issue was that no one likes to pay taxes. Washington’s citizens generally objected to the tax and were allowed a very limited time period to purchase private long term care insurance and opt-out of the tax. About one-seventh of those eligible, almost 500,000 citizens, opted-out, purchasing minimal plans which eventually may not protect them from the tax if recertification becomes a requirement.

Washington’s implementation was delayed eighteen months while the Legislature considered changes to the program, but most legislative changes have been deferred until next year when more experience will have been learned. Meanwhile, some dozen democratic-leaning states, including the large ones of California, New York and Pennsylvania, are considering adaptations of the Washington Cares Act.

California has been the state that has spent the most time and money to come up with a program, and is being watched carefully by a dozen other interested states. The California Task Force for Long Term Care has met for over a year and must report its recommendations to the Governor and the legislature by the end of 2023.

The Task Force members formed into three distinct groups which differ on the size and cost of the benefits:

  1. The group of caregivers, who want the maximum benefit design at the greatest cost. These designs could increase payroll taxes by as much as 20 percent over the huge 9.83 percent or more that many Californians currently pay;
  2. The group of two insurance actuaries, who favor less expensive designs, the cost of which could approximate that of the Washington Cares Act; and,
  3. Members of the California Department of Insurance, who said little but were concerned with cost issues and to how expensive a payroll tax percentage could pass in the Legislature and be signed by Governor Newsom.

The result was that the Task Force has proposed five recommended designs, not just one, which are widely different from each other, both in cost and in benefit structure. The Task Force is waiting for the actuarial firm of Oliver Wyman to provide the cost analysis.

Members hope to get employers to pay up to half the cost. This would be counterproductive in my view. Corporations already pay an 8.83 percent income tax in California, and would strongly resist any increase. They would have an even greater incentive than they do now to switch their domiciles to more friendly states where they would pay no income tax at all. Their flight to other states would decrease tax revenues in California. The Legislature won’t allow this to happen.

How robust can California’s program be and still be accepted by the Legislature and its citizens? California is facing a budget deficit of many billions of dollars as it is. I don’t believe that the Legislature would enact a tax rate of 1.00 percent or higher, and may want to approach the .58 percent rate of Washington State if possible.

Thus far, there has been virtually no publicity in California about this proposed program, and it lacks any public interest or support. Members of the Legislature are not yet involved. It is likely in my opinion that another state, maybe Minnesota, will pass a program before California acts.

It is almost certain that California’s citizens won’t be able to opt-out of the program and avoid the tax once the law is enacted. In addition, it’s almost certain that they will be able to opt-out if they have an acceptable long term care insurance plan in place before an opt-out opportunity expires. Keep in mind that if one opts-out of the program, one also opts-out of the benefits of the plan.

Legislation will probably not happen for at least another eighteen months in any state. Agents will probably be able to take advantage for at least one year of this unique opportunity to protect their high-income clients and help them avoid the tax. For those with income of $150,000 or more now, and for those whose income may grow substantially over a period of twenty years or more, I would recommend opting-out of the public plan and purchasing meaningful private coverage. Those with incomes from $100,000 to $150,000 should purchase meaningful private coverage and consider whether or not to opt-out of the public plan.

As an agent, you need to be well informed on the issues and prepared as the situation in your state clarifies to execute a specific marketing plan.

The State Of Long Term Care Insurance

What is the state of long term care insurance? It’s hard to say. The need for this unique protection is growing as our citizens age but, in my opinion, discussion about long term care has diminished. The insurance industry has failed to provide a long term care solution which is being accepted by the public.

However, changes are happening, and we may shortly see a rebirth of this product. Let’s first examine the reasons for the lessening of our conversation about long term care. Then let’s look at the potential for future growth.

The Reasons
First, the long term care insurance industry made some critical errors in pricing the product a generation ago. It assumed that the high interest rates of the last part of the twentieth century would continue into the twenty-first, but interest rates have moderated. It assumed that lapse rates would be six or seven percent, similar to the life insurance industry, but they have been one percent. It assumed an insufficient utilization factor of the insurance, as claims turned out to be higher and of longer duration than projected.

These assumptions resulted in a severe underpricing of the product, and this led to large rate increases which are still occurring. The design of the product should probably have mirrored health insurance where the initial premium would have been low and small annual rate increases would be assumed. This structure would have given the product more initial pricing appeal and acceptable pricing flexibility.

Many agents were encouraged by the representations of a major carrier which boasted of no previous rate increases, and assured their prospects that rates would therefore hopefully not increase over time. This turned out to be misleading and incorrect.

The result was income losses for the carriers and a public relations disaster. Over a hundred insurance carriers exited the industry, and some even went bankrupt. The industry was considered to be untrustworthy and more concerned with its own profits than the welfare of its policyholders. Today’s rates are considered to be too expensive and still unreliable. Overlooked are the billions of dollars paid out in claims and the many stories of people whose assets have been protected.

Second, the overall social and political environment has discouraged people from thinking about their long term care needs. These issues have become uppermost in our minds. The main current motivation of many Americans is just trying to pay their bills and reducing their debt. For them, the future will have to wait for a calmer and more prosperous period.

Finally, the cost of long term care protection has become so high that, thus far, federal and state governments have been unable to provide a solution. Many bills to cover the costs of care have been introduced, and there has been some helpful legislation around the edges including the creation of public-private Partnership policies. The legislation which came closest to providing a significant long term care solution was the federal Class Act ten years ago, but it failed for lack of funding. Many bills have been introduced each Congressional session since, but have gone nowhere.

Meanwhile, the insurance industry has attempted to find solutions other than traditional long term care, sales of which are five percent of what they were fifteen years ago. Hybrid life and annuity/long term care insurance policies have provided an expensive but useful solution to two different needs at the same time. At least 30 percent of life insurance policies now have long term care riders or chronic illness riders. These products have resulted in increased sales, although in many instances, a chronic illness rider is bought as a nice extra to a life insurance policy and not as an important component. These new products could cause a revival of public interest in long term care solutions, but most people cannot afford their cost.

The Potential
Now let’s discuss the potential for future growth. The cost of long term care has become too high for either private insurance or any government to provide a solution for the vast majority of Americans. There needs to be a true public/private partnership which could share the cost, now well into the hundreds of billions of dollars annually. We now have a fresh example of how this public/private partnership could evolve.

Last year, the State of Washington passed the Washington LTC Trust Act and established the Washington Cares Fund. This mandatory program, now slated to begin on July 1, 2023, imposes a .58 percent payroll tax for all adult W–2 employees in Washington State. This would pay for some long term care services for a short period, increase the long term care conversation, and encourage citizens to purchase wrap-around private long term care insurance

The only way to permanently opt-out of the payroll tax was to have other long term care insurance in force by November 1, 2021. Washingtonians do not pay income tax and rebelled against the idea of being taxed. About one-seventh of the eligible population, almost 500,000 people, suddenly bought private long term care insurance, and many others couldn’t buy it because carriers were overwhelmed and ceased sales.

However, many people only bought private long term care insurance in order to opt-out of the tax, not to buy long term care protection, thinking they could lapse their policies early in 2022. It now appears that the State will amend the Act to include some recertification of policies, and a lapse will lead to an imposition of the tax.

The combination of a public and a private long term care insurance program is very complex and contains a number of imperfections. Nevertheless, the Washington LTC Trust Act appears to be on its path with some revisions to implementation. If it works, it will save the State many millions of Medicaid dollars and provide at least a partial long term care solution to its citizens. It will become more popular over time as people receive its benefits and augment their coverage with wrap-around private insurance.

Twelve other states are now considering programs similar to Washington State’s, including the large states of California, New York and Illinois. California has created a Long Term Care Insurance Task Force which is directed to report its recommendations to the Governor and the Legislature by the end of the year.

Thus far, it appears that the California Task Force will recommend an opt-out provision similar to that of Washington’s, allowing opt-out only before enactment of the bill. If this occurs, I believe that as was the case in Washington, there will be a new gold rush in California…to buy long term care insurance and opt-out of the tax. The Task Force still has to wrestle in 2023 with the high-cost issues, sensitive in a State with such high taxes as it is. It will probably have to cut the cost of the current recommendations by as much as half in order to have a plan which would be politically acceptable. Passage by the Legislature and signature by the Governor are still many months away, but in my opinion, passage is likely.

If either California, New York or Illinois pass an act similar to that in Washington, major changes will occur. Other states will do the same. There will be large efforts to educate the public and much conversation about long term care will ensue. Carriers will design new wrap-around policies, and long term care sales will increase dramatically.

This change is not going to happen overnight. Legislation will take time. Carriers may be slow to adjust. It may take several years before the long term care insurance industry becomes a significant part of our conversation. However, the potential for major growth exists. The seeds for change are beginning to germinate. Stay tuned!

Retaining A Positive Attitude

This country is in a dour mood in my opinion. This dour mood is due to a number of causes, and it can easily affect us all, dampening the positive attitude that sellers of insurance products need to convey. Some of us are good actors and can overcome our frustrations, but others are more serious about their concerns and cannot avoid revealing this in their presentations.

We’ve become a nation of complainers in my opinion. This is especially true when we talk about politics. Politicians now highlight shortcomings of the other party. Starting fights over alleged issues seems to work better for their chances for election than asking voters to credit them for their own achievements. The effects of these fights on our psyches are real.

There are so many things we should be grateful for. How have we gotten into such a rut?

If one looks on the negative side of life in the U.S. right now, there are plenty of problematic issues. Here’s my top ten, by no means a complete list:

  • President Trump tried to retain power and threatened our democracy;
  • Republicans vs Democrats is splitting the country in and out of Congress;
  • Putin is a major threat to our world order;
  • Russia’s Ukraine invasion could continue for many months;
  • We are not doing enough to control climate change;
  • Inflation is eating into our standard of living;
  • Our race relations are still terrible;
  • Income inequality is huge and increasing;
  • COVID may be with us permanently;
  • Thousands of Americans are needlessly shot and killed.

There’s a great deal to worry about. We often talk about these issues with our relatives and friends, revealing our emotions and concerns. We can now chatter about the world’s problems on Facebook and Twitter. We view horrific scenes on TV of war in Ukraine and starvation and floods in Africa. Newspapers, magazines and social media highlight these issues and keep them before our minds. Technology has made us closer to the world’s problems than we have ever been, and we can witness horrific events.

But before these issues cause you sleepless nights, you should look at the issues that you can feel really good about: Here’s my top ten, by no means a complete list:

  • We live in the U.S., the greatest country in the world;
  • We have freedom of speech and can advocate for our views;
  • We can do with our lives as we choose;
  • We have the richest and most robust economy in the world;
  • Two great oceans insulate us from wars;
  • Our climate is generally temperate, and in some places nearly perfect;
  • We can receive joy from the love of our families;
  • Our country practices the rule of law;
  • We have freedom of religion;
  • We can eradicate almost all disease and increase our life expectancy.

With all of these wonderful things in our lives, why have we become so negative in our outlook? Our media should be rewarded as much by making us feel good as by making us feel bad. If you’re feeling burdened by the world’s problems, depress your concerns and lift yourself up with things that make you feel good.

Get uplifted by listening to a beautiful symphony or a terrific rock concert. Enjoy the beauty of the outdoors and get some healthy exercise. Get with your family and friends and relax in their company. Plan to travel to a place which will stimulate you and make you feel good. Receive uplift from your religion and keep in front of mind all the wonderful advantages that God has given you.

Then go out and share your joy with others. Plan to utilize your talent to make life better for others. Show the happiness which you have in presenting great insurance products which will protect policyholders and grow their assets. Become an ambassador of the many positive things that make our lives worth living.

The bottom line is that the issues we can feel really good about dwarf the problematic issues. We’re lucky as hell, and our mood should be upbeat and positive, not dour.

Long Term Care Insurance: An Opt-Out Solution

At least a dozen states are exploring the feasibility of developing and implementing statewide insurance programs for long term care services and supports. A major issue is whether to grant citizens an option to opt-out of such a program and avoid a mandatory tax by doing so.

California, Michigan and Wisconsin are among the states that appear to be serious about enacting legislation to create such a program. Most of the discussions in these states have centered on adapting the model of the Washington State Cares Act. This Act imposes a mandatory payroll tax of .58 percent on all W-2 earners in the state. This will give workers a lifetime benefit of up to $36,500, adjusted annually for inflation, and offer a wide range of benefits.

The concept here is that a state program would become a motivator, providing a small long term care benefit to most citizens and encouraging those who can afford it to buy wrap-around private long term care insurance. This would provide many citizens with good protection and save a state many millions of future Medicaid dollars.

One way to encourage citizens to buy private long term care insurance is to allow a citizen to opt-out of paying the mandatory tax by doing so. The State of Washington decided to offer a very limited six-month opportunity ending November 1, 2021, for citizens to opt-out of the program.

This decision created a huge mess. There was a rush to purchase private long term care insurance, especially by high income earners. Many believed that they could purchase insurance at small cost with small benefits, cancel it within a few months, and still avoid the tax. The insurance carriers were unable to cope with the volume of applications, and soon decided to stop accepting them.

The Act is full of other complexities which need not be discussed here, except to note that Governor Inslee has delayed its implementation by three months and if the House enacts HB 1732, it could be delayed by eighteen months.

Given this history in Washington, other states know that they must make a different decision on the opt-out issue, including the possibility of not having any opt-out option at all. Let’s discuss the pros and cons of this issue, and then I would like to propose a solution.

Don’t Allow an Opt-Out
There would be many administrative issues if an opt-out were allowable, including the need for continual recertification of private insurance and notification of employers of any changes in a person’s status. What if a person drops their private long term care insurance? The administrative complexity increases as citizens change jobs or become self-employed or work remotely out of state or work for an employer who moves their domicile out of state.

But the main reasons to not permit any opt-out provision are financial. Assuming that the tax is progressive based on income, as it is in Washington, the citizens who would opt-out would be the ones with the highest income. For them, private long term care insurance is the better value. Opting-out of high-income citizens would substantially reduce the revenue of the state fund and eventually require a big increase in the tax rate for everyone else.

Allow an Opt-Out
On the other hand, the main goal of a state program is to reduce Medicaid costs by encouraging citizens to protect themselves from a long term care event and give their families peace of mind. Medicaid costs would not be substantially reduced unless many purchase robust long term care insurance plans. How can a state encourage this?

One way is to admit that the state program only provides small benefits which in most cases will not come close to paying for a long term care event. This is true, but it’s very unlikely that a state would market the shortcomings of its program in such a way. A state needs to gain the support of its citizens to urge its legislature to enact the program.

The other way to do this is to offer a financial incentive for those who purchase private long term care insurance. An opt-out could be such an offer. This could create an alternative for those who are opposed to paying taxes and for those who believe for any reason that they are being discriminated against.

An opt-out option would involve complex and expensive administrative costs in addition to those in the program even without an opt-out option. However, these costs could be offset in several ways, which I would recommend in any event.

  1. Allow the fund to place a small portion of its investments in non-fixed instruments.
  2. Create an elimination period of 30 or 45 days in order to receive benefits.
  3. Settle the account of a person who resides out of state by refunding their tax amount but retaining any investment growth.
  4. Allow benefits to be paid only if the employee receives those benefits in the state involved.

A Proposed Solution
May I be so bold as to propose an opt-out solution? An opt-out for everyone at one time is simply not workable, especially when a program is just beginning to be implemented. A far better solution is to allow citizens to opt-out at various stages of their lives over a long period of time.

My vision is to give citizens the opportunity to opt-out as they reach ages 25, 35, 45 and 55. They would have to prove that they possess an issued private long term care insurance policy with certain minimum benefits, which would have to be recertified at least every two years.

To begin with, these minimum benefits would include at least a $150 daily benefit, a two-year benefit period and three percent compound inflation. The daily benefit would have to be adjusted over time for new opt-out policies as long term care costs rise. Similar minimums should be set for hybrids and for life insurance and annuities with long term care benefits. These minimum benefits would eliminate those who either cannot afford such protection or who are merely trying to evade the tax.

Citizens could very well not want to opt-out in their younger years but may change their minds as they age. If they opt-out at age 25 they would only have paid the tax for a few years, and that may prove to be a good incentive to purchase private protection. Conversely, if they wait until age 55 they may have paid the tax over a far longer period, but might feel a greater long term care need at that age. They might even want to purchase a private wrap-around long term care insurance policy and not opt-out, keeping the state plan in force.

I envision that the state would retain any taxes collected because citizens are covered with the state insurance until such time that they opted-out. This would increase the state’s revenue because it would not have to pay any benefits for those who opted-out as they would no longer be covered.

Admittedly, such a plan would create a huge problem for the actuaries because it would be so difficult to predict opt-out behavior over such a long period of time. Legislatures would have to retain the ability to adjust the tax amount up or down in light of actuarial experience.

In my view such an opt-out program could be workable for everyone, including the insurance industry. It could motivate citizens to buy good protection and save the states many millions of Medicaid dollars. We are currently at an inflection point. It may become accepted public policy, as it is in other developed countries, to protect citizens from the devastating costs of long term care. Whatever your view, this is the time for members of the insurance industry to make their views known.

Redesigning The Washington Cares Act

The Washington Long Term Care Trust Act is a minimum long term care insurance solution for almost all of the citizens of Washington State. It will be funded beginning in January through a mandatory payroll tax of .58 percent on all W-2 earners in the state. This will give workers a lifetime benefit of up to $36,500, adjusted annually for inflation by Washington’s Consumer Price Index. There is a wide range of benefits, both at home and in facilities, based on the need for assistance in three of ten activities of daily living including cognitive impairment. The self-employed are given an option to opt-into the program, and citizens with private long term care insurance are given a very limited option to opt-out by November 1, 2021.

The concept here is to provide a small long term care benefit and to encourage citizens to buy wrap-around private long term care insurance. This would protect citizens and save the state many millions of future Medicaid dollars.

In my view this noble effort, guided by actuaries from Milliman, got many things right in its design. It’s a mandatory program. It is funded by a progressive tax, so that the poor pay very little and the very rich can opt-out. Its benefits are far-reaching. It has a seventy-five year vision to adjust the program to ensure its financial solvency. It will be administered in a hands-on manner by Washington State government personnel.

However, the Washington Cares Act has run into some difficulties as well. There was strong public opposition to the imposition of the tax, despite the fact that the legislature approved it. No one likes to be taxed. The regulations included the fact that citizens who moved out of state would forfeit their contributions to the fund. In addition, citizens who live out of state, say, in Oregon or Idaho, but work in Washington, would have to move to Washington in order to receive their benefits.

Because of these reasons, there was a huge rush by citizens to purchase private long term care insurance in order to opt-out of the tax. The insurance carriers suddenly got deluged with applications and could not cope with the volume. Many applications were for very small benefits and premiums. The carriers were thus concerned that applicants would cancel their policies once they could show the Washington Cares Act that those policies were in force, as there was no planned recertification that these policies continued to be in force. In addition, applications for small benefits are generally unprofitable due to the costs of underwriting and administration. Consequently, the carriers ceased taking applications almost three months before the closure of the brief opt-out option.

What can others learn from the Washington Cares Act experience? The main take-away is that in its efforts to be all-inclusive and ensure its solvency, the designers of the Washington Cares Act included some elements which were not well accepted by its participants and which might need some revising in the future. The problem is that many of these revisions would result in a shortfall of revenue and could necessitate an increase in the tax.

Here are some areas of concern which need further investigation. First, and above all, there needs to be greater cooperation with the insurance industry. This would include a far longer period to be able to opt-out. There should also be minimum benefit requirements in order for a policy to qualify as an opt-out policy. The insurance industry should also be compelled to recertify opt-out policies on a regular basis in order for a policyholder to retain their opt-out status. Otherwise, the tax would be imposed on them.

Second, Washington State’s citizens should not be penalized if they move out of state. They should at least receive a refund of their premiums. With this method Washington could retain any increases from the inflation clause to cover their administrative costs.

Third, Consumer Price Index inflation may become a weak method to keep up with the rise in the costs of care. In the present environment, CPI inflation is about two percent, and the increase in the costs of care is about four percent. In thirty-six years, at these rates, CPI inflation would result in a $ 200/day benefit in the Cares Act, but a four-hour home care cost of $120 now would increase to $480. The Cares Fund would then pay for less than two hours of home health care. This gap would continue to grow over time. A new method needs to be created to keep up with the rise in the costs of care.

All of these revisions would affect the size of the tax required. I believe that there would be little objection to the increase in the tax so long as the total remained under one percent. There may be other ways to cushion the need for a tax increase, such as inserting a small elimination period before one could receive benefits.

Other states have become very aware of the Washington Cares Act, and there are a number of them, including states with large populations like New York, Illinois and California, that are investigating legislation of their own. California may be the most advanced in their thinking and organization, as it has established a Long Term Care Insurance Task Force which has met three times. The California Task Force intends to submit its recommendations to the Legislature by the close of 2022.

If other states use the Washington Cares Act as its model, which I believe they will, they will attempt to overcome its shortcomings. I have submitted ten recommendations to the California Task Force as a starting point for discussion and revision. I hope that this and input from others will guide the Task Force in creating a program which will benefit many Californians and be adopted in other states. Here are my recommendations:

  1. Extend the Opt-Out Provision period to at least two years to enable the insurance carriers to handle the crush in applications. California’s population, for instance, is five times that of Washington’s.
  2. Enact minimum requirements to qualify as an Opt-Out policy. Suggestions:
    a. Traditional LTCI…$150 daily benefit, 730 day benefit period, three percent compound inflation.
    b. Linked life/annuity with long term care rider…$250,000 death benefit with equal long term care rider.
    c. Life with long term care rider…$250,000 death benefit with equal long term care rider.
  3. Recertify Opt-Out policies at least every other year.
  4. Promote Opt-In for self-employed and include spouses.
  5. Include either a 30-day or 45-day elimination period to cushion the size of the tax.
  6. Include reimbursement for members who move out of state, either with a refund of premium cost or the current value of the account.
  7. A new formula needs to be created to keep up with the rise in the costs of care.
  8. Senators of a state should fight in Washington, DC, for Federal matching funds.
  9. Include some of the regulatory elements of a state’s Partnership for Long Term Care program.
  10. Don’t call it a tax…call it a premium, a payment, an assessment…anything but a tax.

Others should feel free to weigh in with their recommendations to the Task Force. We should all pull together to create a good program to at least partially solve the long term care conundrum.

Long Term Care And The Middle Class

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It’s increasingly evident that the long term care insurance industry has not provided an acceptable solution to the long term care conundrum for millions of “middle-class” Americans.

How does one define the middle class? For these purposes, I would define the middle class as families from the eleventh highest percentile to fiftieth percentile in income and assets. Of course, there are variations by states and local areas with their different costs of living, and this definition is imperfect. However, there is at least some potential for these families to protect themselves with a long term care solution. I am assuming that families in the fifty-first percentile to one hundredth percentile in income and assets cannot afford to protect themselves with this insurance and must rely on Government programs.

The need keeps growing as our population ages and more and more people need substantial caregiving. In addition, the costs of care keep rising faster than the rate of inflation and the rate of healthcare costs. This trend is likely to continue for many years.

Most policies that agents and brokers are selling today will not adequately cover long term care costs in the future. Traditional long term care policies are normally being sold containing a $150 to $200 daily benefit, far less than the cost of a nursing facility or twenty-four hour home health care. They also have only three percent compound inflation, which is less than long term care inflation has been historically and likely to be quite a bit less than future long term care inflation. Many policies sold today only cover a limited lifetime benefit, often only three years—about the average long term care scenario.

This means that we can’t reduce benefits to lower the price and have a meaningful policy as a result. Even these policy structures with their compromised benefits are still too expensive for middle class families because they cost anywhere from $2,500 to $4,000 per person. Families have to weigh these costs against their many other obligations, and a far off long term care solution normally gets set aside. This is especially true because most families have very little savings to utilize for what they consider to be discretionary spending.

Hybrids and life insurance with chronic illness riders may be more popular, but they contain their own drawbacks. First, they are more expensive than traditional long term care insurance because they contain two products instead of one. Second, any long term care benefits must first be deducted from the death benefit, impairing the main purpose for which most of these policies are intended. Third, they may not contain some of the main benefits of traditional long term care insurance, such as care coordination and tax deductibility. They are a great solution for the wealthy, but not so great for the middle class.

The middle class is being left behind. What products can we create which will appeal to this huge target market?

  1. Some states have revised their Partnership regulations to once again design these policies for people with moderate income and assets, the target market for which the Partnership policies were originally intended. They allow inflation riders as low as one percent, and they drastically lower the minimum daily benefit and benefit limit. People can purchase a Partnership plan with these smaller benefits, use up these benefits, wind up on Medicaid, and preserve some or all of their assets. What a great deal!

    Unfortunately, the marketing of Partnership policies has not changed, and agents and brokers have not seized this opportunity. Some states are still mired in the old, inadequate regulations, and change comes very slowly. But I believe that Partnership policies are a fine example of a private/public partnership which can work for the middle class. Its weakness is that it is a voluntary plan and needs to be sold, not bought.
  2. Second, we will see what changes there are in Medicare which could create a long term care opportunity. This assumes that long term care coverage is too expensive to include in a Medicare-for-all plan. But I envision a small long term care benefit for custodial care, either as a rider to the basic Medicare policy or as a separate offering. It could take years to build up the cash reserves to pay for this benefit. A few years ago, an attempt at this in the Class Act failed for lack of adequate funding. However, the need is apparent, and a second attempt could be made at the Federal level.
  3. Third, individual states are very interested in the new State of Washington Long-Term Care Trust Act. Funded by a .58 percent payroll deduction, it provides for a benefit of $36,500 which will be indexed for inflation. Its big advantage is that it is a mandatory program and will include a younger pool of insureds. This plan has some major weaknesses and may need to be substantially altered to succeed. The benefit is a small one, but it’s the beginning of a long term care solution which could grow and become important.
  4. Fourth, worksite programs could be the future and could include many citizens in the middle class. Most companies already offer a life insurance program to their employees, and it would be an easy transition to include a long term care rider in an existing whole life policy, or to create a term life policy with an option to convert to a hybrid policy. Long term care protection would have to be conceived as a major employee benefit in order to become important, and it has many competitors in the employee benefit space.
  5. Fifth, the repricing of traditional long term care insurance could create lower initial premiums which rise slowly every year, similar to health insurance. This concept would better fit the needs of younger prospects who have other immediate needs and don’t want to spend much money initially on a long term care solution. The rate of increase could be variable based on actuarial experience. This structure could open up the whole middle class market if it were presented properly.
  6. Finally, there may be designs in the works that I don’t know of. This is a time for America to be inventive and create new solutions. I bet these new solutions are already on the drawing boards. I hope so, because the people we are selling this protection to now are not the ones who need it most. It’s the middle class, the people caught between being rich and being poor, who are the most exposed to long term care costs.

Gaps In Long Term Care Insurance

It’s time to face the facts. The insurance industry understands the long term care problem but has not provided an acceptable solution for millions of Americans.

Long term care is becoming an even larger elephant in the room. First, the numbers of Americans needing this care are increasing as their average age increases. Second, the high costs of care continue to rise faster than the rate of inflation. How can insurance protect Americans from these huge costs?

The insurance solutions have become inadequate. Traditional long term care insurance products are becoming more and more expensive in order to cover, or partially cover, the increases in the costs of care. Furthermore, the rates are not guaranteed. Hybrid life/long term care and annuity/long term care products are becoming more popular than traditional long term care products, but they are even more expensive.

These are solutions that only Americans in the top ten percentile of income and assets can afford to buy. What about the other ninety percent? What are the solutions for them? They must use up their limited assets and become dependent on family members, Medicaid and other government programs to receive the care they need.

As costs of care and long term care insurance premiums have risen, agents and brokers have had to make significant compromises in benefits. These compromises used to be relatively small, making partial coverage adequate in most cases. But today, most policies now being sold leave increasingly broader coverage gaps. Let’s examine these gaps.

Daily Benefit: With nursing home costs at $300 per day and more, many brokers and agents are not even trying to fully cover nursing home costs. They know that people will prefer to stay at home, especially when COVID-19 illnesses and deaths permeate nursing homes. The compromise is to design policies with daily benefits of $150 to $200 per day which can cover or almost cover eight hour per day home care costs and all assisted living facility costs. This type of plan cannot fully cover twenty-four hour per day home care. It assumes that people will enter nursing homes only as a last resort and only for a short period of time. Because of the increase in home care usage, brokers and agents are tending not to utilize a reduced percentage benefit for home care and assisted living care.

Benefit Limit: Most people would prefer lifetime coverage, but it is too expensive and is virtually unavailable as an option. Even four to six-year benefit limit options are rarely utilized. The compromise is to design policies with two and three-year benefit limits. Shared care is often utilized for couples in order to potentially double the benefit limit if only one of the spouses needs benefits.

Inflation Rider: Insurance carriers have priced five percent compound inflation, the original standard rider, out of the market. The current rate of increase in long term care costs is about four percent, and this rate could go up a bit with future increases in the minimum wage. The compromise is to propose three percent compound inflation or five percent simple inflation. Another compromise is to shorten the inflation period to a defined period of ten to twenty years. Another alternative is to create a large daily benefit with no inflation rider.

Elimination Period: Brokers and agents are almost always proposing a ninety-day elimination period. They may also include a zero-day home care rider, but with a fair-sized increase in premium. Days utilizing the zero-day home care rider often do not count against the facility elimination period. The ninety-day compromise helps lower the cost, but policyholders are often quite upset when they have to wait ninety days in order for their policy to pay a full benefit.

As an example, (see Table 1) let’s examine the annual premiums in most states today for a major carrier’s traditional long term care insurance product with these compromised benefits: A monthly benefit of $4,500, a benefit limit of $160,000, three percent compound inflation and a ninety-day elimination period:

It has been said by many marketing experts that an annual long term care insurance premium needs to be under $2,000 per year in order to appeal to many Americans and encourage them to purchase long term care insurance. In this example, one has to be in their forties to get the annual premium under $2,000, and, at age 45, that only applies to a single male.

The average age of the traditional long term care insurance purchaser has been about age 57 for years. No wonder that sales have decreased so dramatically over the years. People in their fifties and sixties are not motivated to invest in these high premiums. People in their forties have many competing demands on their finances.

Now let’s discuss the hybrids. The hybrid advantages over traditional long term care insurance are twofold: 1) one always receives a benefit; and, 2) the rates are guaranteed. Hybrids are more expensive than traditional long term care insurance, but you are buying two desirable products which can interact with each other.

However, as with traditional long term care insurance, agents and brokers have had to make significant compromises in benefits so that policies now being sold only partially cover the costs of care and leave increasingly broader coverage gaps. The main compromise is to exclude an inflation rider. Other compromises are to provide a relatively small death benefit and exclude a lifetime extension of benefits rider.

Let’s compare by examining the annual premiums in most states today for a leading hybrid life/long term care insurance product. I am using this particular company because I can structure three percent compound inflation on both the death benefit and the rider, so that the benefit increases over time at the same rate as the example for traditional long term care insurance. This will still not be an apples-to-apples comparison to the traditional example above, but it brings the hybrid example closer to that example.

Let’s use an $80,000 death benefit, an $80,000 continuation of benefits rider with three percent compound inflation lifetime on both. (See Table 2)

Here, there is no annual premium under $3,000. You have a product which again is too expensive for the 90 percent of Americans.

If both traditional long term care insurance and hybrids now in the market are too expensive for 90 percent of Americans, what is the solution for them? I envision three possibilities.

First, Partnership plans can be a great solution if they are utilized properly. They were originally intended to be sold to people with moderate income and assets. Unfortunately, they have not worked well recently because many of the original restrictions on the policies have made them unaffordable and uncompetitive.

Recent changes in these restrictions have made Partnership plans more affordable and again appropriate for their target audience. These changes have included lower inflation rates, smaller monthly benefits and smaller benefit limits. People can purchase a Partnership plan with these smaller benefits, use up these benefits, wind up on Medicaid, and protect some or all of their assets. Partnership policies are a fine example of a private/public partnership which can work for millions of Americans.

Second, the State of Washington Long-Term Care Trust Act may be the first potentially successful attempt at a public plan. Passed in May, 2019, it provides for a benefit of $36,500 which will be indexed for inflation. It will be funded by a .58 percent payroll deduction. This small benefit will provide very partial coverage, but the State will encourage members to purchase private long term care insurance as a wrap-around. The wrap-around will cost relatively little because the Trust members will be relatively young and the first months of benefits have been provided by this Trust Act. Other states are aware of what Washington is doing and may follow suit.

Third, a revision of the structure of traditional long term care insurance may create lower initial premiums and encourage Americans to purchase a plan. Here premiums could be set a low base and rise slowly every year, similar to health insurance.

The rate of increase should be variable based on actuarial experience. We now have sufficient experience so that these increases should be in the low single digits. This plan would reduce the original cost significantly and create a broader market. One current example provides for an automatic percentage annual increase in premium, but lacks an increase based on actuarial experience. Actuaries would probably be more comfortable with a variable rate of increase, but may also have to factor in an inflation factor.

These three potential solutions show that the industry is not satisfied with the current models and is searching for a new solution. I believe that this process will take ten years, and that the industry solutions will be far different by 2030 than they are now. The need will be far larger by 2030. We had better solve this problem.

COVID-19 And Long Term Care Solutions

The COVID-19 virus entered the United States as early as December and created consternation by mid-March. Its effects have been huge and have caused panic and uncertainty. We have not only sheltered in place but mentally have frozen in place trying to adjust our lives. Now that a few months have passed we have learned a great deal, and we still don’t know a great deal.
But maybe enough of the fog has cleared that we can predict the future with at least some modest degree of accuracy. This article will attempt to foresee the future of long term care solutions as reflected in the eyes of government, insurance carriers and prospects. We will only know years from now how accurate these predictions are.

Government:
Enormous deficit spending and lower tax receipts will create major challenges for local, state and federal governments. They will have to cut back and eliminate many programs that citizens want them to provide. It is likely that we will be in a very low interest rate environment for many years. Government debt will become dangerously high. The Federal Reserve Board has reduced interest rates to almost zero in order to stimulate borrowing, and Congress has responded. The Federal Reserve Board has many levers to control the rate of inflation, and it will utilize all of them to keep interest rates low and to stimulate the economy.
An extremely important election in November will determine our future. The country is divided and, as of this writing, President Trump’s reelection is in serious jeopardy. He will not have the advantage of defending economic prosperity and he has made some very bad moves recently. A lot can happen between now and November, but I am going to assume that Vice President Biden will win the election.
As President, Biden will be compelled to raise income taxes for the very rich in order to reduce deficit spending. Even so, he will initially be limited in proposing spending for social causes, just because the money isn’t there. His actions may be further limited if the Republicans still control the Senate.
He will campaign on health care as a major issue and will advocate a government health care option, not Medicare for all. It’s questionable whether such an option would include long term care benefits, due to the high cost of coverage. My sense is that if long term care benefits become a part of a government health care plan, it will either be a minimal benefit and/or it will be a rider and not be a part of the base policy.
Health care is such a complex subject that it will be fiercely debated and it could take years before a new government plan could become law. Such a law would have to overcome the objections of insurance carriers, medical providers, hospitals and the device makers. The public would have to overwhelmingly support such a plan for it to gain traction and succeed. The Affordable Care Act took years to enact, and I foresee similar conditions now.
One wild card here. If the Republican Party loses the election badly, it will have to reinvent itself in the face of increasingly unfavorable demographics. In this process, it could reject the extreme right philosophy that it has adopted under President Trump and move towards the political center. That could dramatically alter the future and make social changes more likely.

Insurance Carriers:
Despite the increasing need, sales of traditional long-term care insurance policies have been declining for years, some 85 percent down from the early 2000’s, and this product is now recognized by insurance carriers as an unprofitable loser. This is still true in spite of the fact the premiums are up to three times what they were decades ago. With one or two exceptions, the insurance carriers have lost all economies of scale, and at today’s sales levels they can’t make much money if any regardless of what they charge.
In addition, with the very low interest rate environment forthcoming, their interest rate assumptions, already low, will still be higher than projected future income from safe investments. They will either have to make riskier investments or seek further rate increases, even on current products. There may also be more pressure on their reserves.
We still don’t know the long-term effects from COVID-19 on people’s health, especially the health of the older population. What are the implications for one’s kidneys, liver, lungs and heart? Will insurance carriers have to factor in unknown potential claims resulting from the long-term effects of this disease?
These factors have led to the insurance carriers being far more comfortable selling hybrid life/long term care and annuity/long term care products. There has also been a large growth of life insurance policies with accelerated benefit riders, usually for chronic illness. The distinction of benefits between these chronic illness riders and traditional long term care insurance has become very small. Now some 40 percent of life insurance sales include riders which cover long term care costs.
The risks in life insurance and annuities are far better known than the risks associated with traditional long term care products. These riders have become the main vehicle to protect people against the largest threat to their retirement.

Prospects:
The initial reaction of Americans to COVID-19 was to become scared and feel threatened and unsafe. We retreated to our homes and ceased many of our normal activities. We also had to learn to perform many routine functions differently and this required a significant mental adjustment. Now was not a time to think about the future but to worry about the present and make sure that our changed lifestyle would provide for us the best chance of surviving the pandemic.
It’s obvious that the pandemic has resulted in horrible publicity for nursing homes, where many patients have become sick and died. It’s even more difficult now to envision anyone interested in nursing home insurance, or even long term care insurance with its history of caregiving in nursing homes and assisted living facilities. Almost everyone will want to be cared for at home instead. It’s actually a small mental difference from “sheltering in place” to “nursing care in place.” Life insurance products which cover long term care costs provide less of this nursing home stigma and will be more readily accepted.
This nursing home stigma may require a change in long term care product marketing to become something like “home caregiving insurance,” rather than long term care insurance, even if it includes benefits for care in nursing homes and assisted living facilities. There will have to be a large increase in both the number of caregivers and in their compensation due to the rejection of nursing homes and the rising demand of folks to stay at home.
Now that a few months have passed, and the methods to fight this virus have become better understood, we have become less fearful and are beginning to resume some of our normal activities. We can even envision a time when we will be able to adjust to whatever the new normal is and go on with our lives. This may take a few months longer, and a second wave of the pandemic could slow this adjustment, but it will happen eventually.
This could cause a long-range change in our thinking from the immediate crisis to a longer view of our needs. At that time we will consider protection to be the basic need that it has always been. Protection can take many forms, but we will mostly want to protect our families against loss of income due to death and expense due to bad health.
Therefore, I envision a slow but steady growth of hybrid life/long term care insurance and life insurance with long term care riders or chronic illness riders. This could take up to ten years to occur, but many will recognize the need for this protection and take action to protect their families.
Our current system of health care is unsustainable and we all know it. I foresee a completely different system in place by 2030 with some sort of health care for all. It’s going to be interesting to see what form it takes. Stay tuned. 

Compromises In Long Term Care Solutions

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It is becoming more and more difficult to adequately insure Americans against the increasing costs of long term care and long term care insurance. These increasing costs have made traditional LTCI expensive in the eyes of many Americans. Agents have had to make compromises in the protection in order to make the premiums affordable for many. The result is the promotion of partial solutions to the long term care need which in many cases will not adequately cover the costs of care.

The growth of hybrid and linked life and annuity products have become more popular than traditional long term care insurance because they offer solutions to two needs at the same time. However, they are therefore generally more expensive than traditional LTCI and provide solutions for only a small segment of the population. Furthermore, they come with their own separate set of advantages and disadvantages which normally lead to other compromises in protection.

Let’s examine the current state of both traditional LTCI and hybrid and linked life and annuity products:

Traditional Long Term Care Insurance

  1. Rates for traditional long term care insurance have at least doubled over the last twenty years. The causes are well known: The low interest rate environment, near zero lapse rates, higher than expected claims, and the resulting added reserve requirements. Current rates may be more stable, but large rate increases on existing blocs have caused agents to worry that even rates on current policies could be increased substantially in the future. Carriers have retained the ability to raise rates, subject to approval by state insurance commissioners, creating uncertainty.
  2. The costs of care have risen as expected by four to five percent per year for care in all types of facilities. Home health care costs have risen much more slowly but have spiked recently, especially in states which now require raises in minimum hourly wages. These costs will in all likelihood continue to rise faster than the general rate of inflation.
  3. Insurance carriers no longer want to be exposed to future claims on policies with five percent compound inflation and have priced them out of the market. The result is that agents must sell policies in which the inflation riders may not keep pace with the increase in costs of care. An alternative is to create more protection by increasing the daily or monthly benefit, but this approach may provide over-protection in the near term and decreasing protection as the policyholder ages.
  4. The average age of the purchaser of long term care insurance has remained steady at about age 57. Policies would be much less expensive and easier to underwrite were they bought at younger ages, especially under age 50, but this has not happened. Younger prospects have so many other demands on their financial resources, and many don’t have sufficient assets or income to save for the future.
  5. The average sale for traditional long term care insurance has more than doubled over the last twenty years from about $125 per month to over $250 per month, or over $3,000 per year. This is despite a decrease in the average benefits in policies. How many people, especially couples, can afford $6,000 per year for long term care insurance? Maybe less than 10 percent of Americans would even consider such an expense, as most are having trouble paying their bills as it is. Traditional long term care insurance can now cost $100,000 or more over the life of the policy. Most prospects dislike the idea of spending that kind of money for a benefit they may never use.
  6. So what compromises are prudent? Three percent compound inflation instead of five percent could well not keep pace with inflation. $2000 per day benefit, or $6,000 per month, is well below the cost of nursing homes in most states, and will also not cover twenty-four hour per day home health care. Two or three-year benefit limits may cover the average period of care, but what about the fifty percent or so of scenarios that are longer than the average period of care? What about the truly catastrophic scenarios that last six to 10 years, scenarios which most prospects mainly want to protect against but would not be adequately protected in most of today’s policies?
  7. Again, the conclusion is that agents are selling partial solutions to the long term care need.

Hybrid and Linked Products:

  1. Life insurance with accelerated death benefits has a major flaw in protecting against long term care costs. The death benefit normally does not increase over time. The result is that the death benefit has to be a very substantial one in order to create an adequate long term care solution, thus increasing its cost. In addition, the death benefit can erode substantially if it is in fact required to cover long term care costs. The use of the accelerated death benefit can thus defeat the main purpose of the life insurance: Protecting one’s family if the principal wage earner dies.
  2. Products with chronic illness or long term care riders can provide more protection against long term care costs than policies with accelerated death benefits. The rates are normally guaranteed. However, the riders create an added expense to the policy one way or the other, whether there is a cost for the rider or whether its costs are imbedded in the cost of the life insurance. Again, the death benefit can erode substantially if it is in fact required to cover long term care costs.
  3. These products can extend the benefit period of long term care costs, sometimes even providing lifetime protection, mostly now lacking in traditional long term care insurance. They also often offer inflation riders, at least on the rider portion, but these greatly add to the cost and are frequently not sold. Even so, once again, the death benefit has to be a very substantial one order to create an adequate long term care solution.
  4. Term life insurance can be very inexpensive, and is often sold to younger-aged people. However, term policies normally lapse before the need for long term care arises due to the greatly increased cost of renewing them. Many can be converted to whole life insurance by a certain age, in which case they could provide good long term care protection but at a much higher premium.
  5. Deferred annuities with benefits for long term care also have a major flaw. The growth in value of the annuity is reduced by the added risk of providing benefits for long term care and grows by a far smaller rate than other annuities. This is true even if there is a separate account for long term care benefits. Thus, the long term care funding can defeat the main purpose of the annuity: Increasing ones guaranteed income for life.

The Resulting Dilemmas For Agents:
The resulting challenge for agents is how to provide adequate long term care protection in the face of these rising costs. There is no easy answer to this dilemma. Agents must design a solution which is saleable and thus often must make compromises in the policy’s protection. These compromises result in truly partial protection, protection which will often cover most of the costs but over a relatively short period of time. One could make the case that, with the exception of the five to eight percent of wealthiest prospects, we are not able any more to adequately protect people against future long term care costs.

There is no easy solution here, either in the private or in the public sectors. Even if we adopt a single payer system under Medicare, as proposed now, there would probably only be partial long term care benefits. Partnership plans involving both the private and public sectors may be the best solution we have come up with thus far, but sales have been disappointing. We have to make the purchase of long term care protection attractive to the middle class. If we can’t, we will be forced to raise taxes to enable the government to take on the entire cost burden.

We only have about ten years to figure this out before many baby boomers need care. The need is greater than ever and growing fast, and our ability to satisfy this need is diminishing.

Dealing With Long Term Care Insurance Rate Increases

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Agents and brokers who have sold traditional long term care insurance policies over the last twenty years or more are now dealing with a relatively new phenomenon…substantial rate increases on older policies. Let’s look at the causes, the current situation, and how to respond.

At first, many carriers saw LTCI as a terrific marketing opportunity and rushed into the market beginning in 1988 with competitive prices. For years agents and brokers sold policies with the understanding that the carriers had appropriately priced their products and that the chances for rate increases were small. However, the industry was a young one and no one knew for sure whether or not the pricing would prove to be accurate.

The carriers then broadened the appeal of long term care insurance in the mid 1990’s by including home health care as a major benefit with little increase in premium. These benefits were very attractive to consumers, and they eventually led to a large number of home health care claims.

This in turn stressed the profitability of long term care insurance products. By the late 1990’s other problems arose, and carriers saw that their pricing assumptions were incorrect for four major reasons:

  • Interest rates were well below expectations so that carriers made less gain investing the premiums they received;
  • Unlike life insurance, lapse rates were extremely low creating more future policyholder claim potential;
  • Claims were more frequent, with higher costs and of longer duration than expected; and,
  • These factors in turn led to higher governmental reserve requirements, tying up assets.

Until now, insurance commissioners have been very resistive of carrier requests for big rate increases because they would impose extreme hardship on senior Americans with limited income and assets. Their emphasis was to protect the consumer, which was the major part of their job. They believed that insurance carriers had created their own problems by underpricing their products in order to sell more. They “made their beds” and needed to sleep in them. Insurance is a gamble and the carriers have lost, so they said.

But there has been a major change in thinking in the last five years. Insurance commissioners have realized that they need to provide carriers enough flexibility in pricing to enable them to pay future claims. Consumers in turn needed to be confident that their claims would be paid. They would be furious if their thousands of dollars of investment turned out to be wasted.

Insurance commissioners therefore needed to grant significant rate increases to protect consumers, and have done so. Because there was such a long period of time in which any rate increases which were granted were small, the rate increases needed now have only become greater as long term care insurance policies have matured. A large specialist carrier which has endured great turmoil, and is being liquidated, has been a prime example of what can happen when a carrier gets into financial difficulty. We don’t need more scenarios like that company, and the insurance commissioners know it.

This has led insurance commissioners to grant one-time rate increases as high as 80 to 95 percent on major blocs of policies. Carriers have to prove that their requests for rate increases are actuarily warranted. In many cases even the large rate increases granted have been less than those requested. One would expect the carriers to request rate increases in future years in addition to those granted thus far.

The reaction of agents and brokers are twofold. First, they are distressed that their honest past representation that the industry is a stable one has proved to be false. They are embarrassed, feel a loss of their reputation, and are empathetic with their policyholders not the insurance carriers.

Second, their will cease if policyholders cancel their policies or accept a contingent nonforfeiture benefit, which in many cases must be offered. For many this is a substantial part of their retirement income and needs to be protected. However some BGAs have contracts in which carriers will pay renewal commissions on the increase in premium. If these increases are passed on to agents, there may actually be an opportunity to receive increased renewal commissions.

In many instances insurance commissioners are insisting that carriers offer benefit changes which can ameliorate or even prevent any increase in premium. These options can or cannot be acceptable alternatives, depending on the current benefits in a policy. Let’s consider a few of them.

  • In many of the older policies containing five percent compound inflation riders, the daily benefit may have grown substantially and may even be higher than the current cost of care of a nursing home. With reimbursement policies, a reduction in the inflation rate, especially for policyholders now in the late seventies and eighties, may result in little reduction in benefits actually paid out.
  • In policies with lifetime benefits, the policyholders may have aged sufficiently that reducing the lifetime benefit limit to a certain benefit period may be a good gamble. This assumes that benefit periods for people in their late eighties or nineties are usually of short duration. This could even be true of a policy with say a five-year benefit period if one reduced it to a three-year benefit period.
  • In many other situations one could reduce the maximum daily benefit but maintain the five percent compound inflation rider in the hopes that there would not be a claim for a few years and that the maximum daily benefit would return to its previous level or higher. This solution may be more appropriate for policyholders who are still in their sixties or early seventies.
  • In policies with no inflation rider or with very little inflation of the daily benefit having occurred through increased benefit options, the policyholder should pay the increased premium if he or she can afford it. These rate increases are often well below the increases of policies with five percent compound inflation riders and are less onerous.

The rate increases normally take effect on the respective anniversary dates, so this cycle takes a whole year to occur. Policyholders are normally notified about sixty days in advance. Agents and brokers should be contacting their clients at the appropriate time and should be proactive in this process. If they don’t have current contact information, the carriers can provide at least the current mailing address and some of the time an up-to-date phone number if the phone number has changed. By servicing their policyholders, agents and brokers truly earn their renewal commissions.

They will find that their clients are initially angry and upset about their rate increases. Let them blow off some steam if necessary. However, some empathy and an honest discussion of alternatives will bring their clients around to appreciating their agent’s honesty and advice. Agents may even suggest alternatives not proposed by the insurance carrier which may be more appropriate in a given situation. It’s an opportunity to bind their relationship and even in some cases obtain referrals or sell additional products. And it’s the right way to deal with these long term care insurance rate increases.

This discussion should not end without mentioning that the long term care insurance industry has learned a great deal in the last thirty plus years, and that current rates should be far more stable. Hybrid and linked policies often have guaranteed rates, but this may not be such a big point of difference if traditional long term care insurance prices remain stable. Because the hybrid and linked products contain two benefits and the traditional long term care product has only one benefit, the traditional long term care product will probably remain the less expensive alternative.