The 80 to 85% figure is a requirement that that much of the premium actually be spent on health care costs. If a person buys a policy and never uses it exactly 0% of his premiums will be spent on health care.
The entire point of the NAIC's current exercise (which isn't done, by the way) is to define what kinds of spending count toward the medical loss ratio. It goes much further than just benefit payouts; it'll include quality improvement efforts, HIT investments, fraud prevention measures, and so on. The draft blanks the NAIC approved six week ago have pages of these things. The medical loss ratio requires them to spend on activities and investment that increase value for premium-payers, not just straight benefit payouts.
This tells me that while you are busy telling me I have no idea what I am talking about the administration is working overtime to make sure everything that people like me see is patched over and buried in exemptions. If this law worked the way it was intended no one would have to carve exceptions out of it.
I realize this is probably the first time most people have ever watched the administrative rulemaking process in action but this is how it works. Congress sets relatively broad goals (in this case, better use of premium revenue) and leaves it to experts to fill in the details. For this one, that involves regulators in HHS, NAIC staff, and representatives of the business and insurance industries and anyone else affected by the legislation (as always, anyone can provide input on proposals).
But it's disappointing to the see the unfortunate effects of the 24-hour news cycle on people's brains--they're completely fried. Not everything is a crisis, nor is there anything wrong with exemptions or variations on a rule for plans with special characteristics. Regulations are not a patch,
they are the law. Actual legislation is always too vague to be of practical use, since legislators don't possess the technical knowledge to to work out in excruciating detail how to make grand policy ideas work. Presumably somebody still teaches high school government classes.
Anyway, the law specifically says:
Definitions- Not later than December 31, 2010, and subject to the certification of the Secretary, the National Association of Insurance Commissioners shall establish uniform definitions of the activities reported under subsection (a) and standardized methodologies for calculating measures of such activities, including definitions of which activities, and in what regard such activities, constitute activities described in subsection (a)(2). Such methodologies shall be designed to take into account the special circumstances of smaller plans, different types of plans, and newer plans.
What a failure! They said "come up with a definition of medical loss ratio that requires more spending more premium money on worthwhile activities but take into account that not all plans are created equal." That, as you may have gathered, is the part regulators are at right now.
You people need to relax. Stop flipping out over every news story. This reminds me of the
uproar on here when it was suggested in the media that the uncapping of benefit limits would destroy mini-med plans. Guess what? It didn't. The regulations treated them as what they are: different than regular insurance plans.