ATLANTA RIMS Nov 2013 - Hazards of Best Practices and How to Avoid Them
1. Presented by:
Gary Jennings, CPCU, ARM, ALCM, AIC, ARe, SCLA
Principal
Strategic Claims Direction LLC
November 14, 2013
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Strategic Claims Direction LLC
Atlanta RIMS
Monthly Meeting and Luncheon
2. TODAY’S TOPICS
Introduction
Define “Best Practices”
Where are “Best Practices” applied?
Professional observations
The current quality of claims management
Scoring “Best Practices” compliance
Are Best Practices meaningless as quality measures?
Additional metrics to measure performance
Conclusion / Q & A
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3. What Is Most Important to You?
SIMPLE NEEDS
Resolve the claims
At a reasonable claims cost
As quickly as possible
While reducing or limiting allocated loss adjustment expenses
(ALAE) to the extent possible
Reserve the claims accurately
Inform me of
The current status of the claims
Changes in the environment or industry that affect me
Help me quickly when I ask for it
I assume you are going to use “Best Practices”
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4. What are the Possible Outcomes
of Claims Processing or Management?
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Low Claims
Costs, High Fees
& Expenses,
Slower Closure
Low
Claims,
Low Fees,
Expenses,
Prompt
Closure
High Claims Costs,
Low Fees &
Expenses, Prompt
Closure
$ ----------------------------------CLAIMS COSTS---------------------------$$$
$-FEES,LAE,SPEEDTOCLOSE-$$$
5. “BEST PRACTICES”
Wikipedia – “…a method or technique that has consistently
shown results superior to those achieved with other means and
that is used as a benchmark. In addition, a “best” practice can
evolve to become better as improvements are discovered.”
WhatIs.com – “A technique or methodology that, through
experience and research, has proven to reliably lead to a desired
result. A commitment to using the best practices in any field is a
commitment to using all the knowledge and technology at one’s
disposal to ensure success.”
Businessdictionary.com – “…a business buzzword used to
describe the process of developing and following a standard way
of doing things that multiple organizations can use. “
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6. Where Are Claims “Best Practices” Applied?
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Claims Management Components Workers’
Comp
Casualty
General Claims Program Documentation &
Procedures
Claims System Capabilities & Functionality
General Communication with Client, including
Management & Stewardship Reports
Claims Staff Qualifications, Experience, & Training
Adjuster and Supervisor Caseloads
Intake, Set-up, & Assignment
Initial 2- or 3-Point Contact & Continuing Contact
with Client representatives, Claimants/Employees,
Medical Providers, Claimants’ Attorneys, Witnesses
Investigation/Gathering Information
Fraud/SIU investigation
8. Observations
Observations from:
Independent claims audits of insurers, TPAs, and self-
administered programs
Claims quality reviews
Reserve reviews
Claims Department efficiency and procedural reviews
TPA selection and implementation projects
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9. Observations
What am I seeing?
Most insurers and TPAs, especially the national or large
regional ones, have established their “Best Practices”,
and share these with their clients.
Sometimes “Best Practices” are all that exist to measure
the claims administrators’ performance (e.g., no Special
Account Instructions were negotiated).
Many companies have developed “Best Practices”, but
documentation varies widely due to concerns about
subpoenas for claims documentation and claim files that
might lead to unfair claims practices allegations.
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10. Observations
What am I seeing?
Claims handling is increasingly automated, with few
claims administrators keeping paper files
Claims systems are being developed with more triggers
and fields for adherence to “Best Practices”
Adjusting is virtually 100% telephonic
Meaningful supervision is decreasing
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11. Findings
What am I seeing?
Claims handling quality is slipping on the whole.
Outcomes have not been as good as hoped.
Mystery in some circles on why desired outcomes have not
been achieved given their adherence to “Best Practices.”
Remember one of our earlier definitions:
“A technique or methodology that, through experience and research,
has proven to reliably lead to a desired result. “
HOW CAN CLAIMS QUALITY AND THE DESIRED RESULTS BE
SLIPPING IF “BEST PRACTICES” ARE USED MORE THAN
EVER?
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12. Why is Claims Handling Quality Slipping?
Automation and telephonic adjusting can easily morph to Claims
PROCESSING, not Claims MANAGEMENT
Activity-based measurement, rather than results-based
measurement, motivates the claims staff toward activities.
The claims handling identified in claims audits often looks like
sequential “check the box” claims handling.
The adjusters successfully complete many activities in the time
required, but often inadequately use the information they
gathered to set a strategy/plan to successfully resolve the claim.
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Contact Investigate Pay TTD
Refer to MBR /
NCM
Negotiate PPD
Settlement
Assign to Def.
Atty.
Litigate /
Settle
Close
13. Typical WC Self-Reporting Scorecards
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Claims Management Components Workers’
Comp
Typical
Score
General Claims Program Documentation & Procedures Y
Claims System Capabilities & Functionality Y
General Communication with Client, including
Management & Stewardship Reports
Y
Claims Staff Qualifications, Experience, & Training Y
Adjuster and Supervisor Caseloads – LT adjuster < XXX
open claims, MO adjuster <XXX claims
Avg. w/in
limits
Intake, Set-up, & Assignment – w/in 1 workday 100%
Initial 3-Point contact & continuing contact with client
representatives, employees, medical providers,
claimants’ attorneys, witnesses – w/in 1 workday
92%
Investigation/Gathering Information – Timely, complete,
continues as needed
86%
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14. Typical WC Self-Reporting / Scorecards
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Claims Management Components Workers’
Comp
Typical
Score
Recoveries (e.g., Subrogation, Apportionment,
Second Injury Fund) – identified, investigated,
pursued, recovered
100%
Compensability Decision - reasonable, timely 94%
Medical/Cost Containment – Reduce bills, timely,
PPO penetration
100%
Disability Management/Return-to-Work – use of
modified duty, coordination with employer, medical
provider, and employee
92%
Indemnity Payment Procedures -Timely, accurate 88%
Reserving - Timely, adequate/appropriate 93%
File Documentation – Thorough, timely diaries,
regular action plans (not copy & paste), meaningful
supervision and direction
90%
15. Typical WC Self-Reporting / Scorecards
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Claims Management Components Workers’
Comp
Typical
Score
Negotiation & Settlement – early/prompt, prepared,
outcome vs. expected
86%
Litigation Management – Necessary?, handle by
extension, timely assignment to defense,
appropriate adjuster and defense attorney
responsibilities, fee reviews
96%
Claims Resolution – Finalized, claim/features
closed to reduce reserves to $0
90%
AVERAGE ALL FUNCTIONS 92.85%
Which of these activities are more important than some of the others?
This score should indicate that excellent results are being obtained.
However, that is not always the case.
16. How Does the Claims Administrator
Measure Performance?
System-driven metrics based on fields the adjusters
complete
Timeliness
Intake, Set-up, Assignment
First Contact
Investigation
Reserves
First indemnity payment
Average turn-around for medical payments
Date of assignment to defense attorney to date of attorney’s initial
analysis
Supervisor audits (sometimes)
Quality Assurance (regular schedule, random, targeted)
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17. How Does the Claims Administrator
Measure Performance?
Dollars
Medical bill reductions by method (e.g., fee schedule,
PPO)
Subrogation, Second Injury Fund recoveries
Excess Insurance recoveries
ALAE, especially legal fees
Other measures
Adjuster caseloads
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18. Are “BEST PRACTICES” Meaningless?
Absolutely NOT!
Continue to insist on your claims administrator’s adherence to
industry “BEST PRACTICES”
Obtain reports on their compliance
Create reports that measure what you want to measure
Require corrective action if needed
Review quarterly
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19. Are “BEST PRACTICES” Meaningless?
Absolutely NOT!
TRUST BUT VERIFY
Don’t rely upon “Best Practices “ as your sole measure of
claims handling quality.
Insist on more claims MANAGEMENT. Insist that your
administrator:
Provide a higher quality of work - don’t just “check the box” but take
meaningful steps
Create real action plans – Don’t just copy & paste from prior action
plan – develop meaningful and time-measured goals to meet specific
needs for closure
Provide real supervisory direction, not just “Reviewed file”
Reach closure faster, but measure results at the same time
Maintain better control over ALAE
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20. How Do We Measure That?
Develop benchmarks (“AS IS”) against which to measure
future performance and outcomes
Require periodic audits (supervisor audits, QA reviews,
scorecards, your audits, independent audits)
Use claims administrators that demonstrate that they can
and do capture a large number of fields so outcomes can
be measured against activities and early steps taken.
Outcomes by date of first contact
Medical costs by PPO penetration
Many others
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21. Typical Measurements
Number of claims per FTE (by jurisdictions)
Cost per FTE (by jurisdiction)
Claims Frequency - # of claims per FTE or per 100 FTEs
Average paid claim (by jurisdictions)
Average Incurred per claim (by jurisdictions)
WC costs as % of payroll
WC costs by location and/or product type
Ratio of litigated cases to all cases (define litigation)
Legal fees as % of total incurred cost
Time to “adequate” reserves (closed file analysis to show
when reserves were at/near ultimate value)
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22. Other Measurements
Number of Modified Duty Days to First Contact Lag, Use of
PPO, Location using modified duty
Ratio of Lost Time Claims to Total Number of Claims
Ratio of Medical Only Claims to Total Number of Claims
Ratio of Lost Time Incurred Cost to Total Incurred Cost
Ratio of Medical Only Incurred Cost to Total Incurred Cost
Time lag between
Intake date and assignment date
Assignment date and first contact
Assignment date and date of initial TTD payment
Date of intake to date of reassignment
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23. Compare Total Incurred by Regions or
Locations to Lag Times
0
2
4
6
8
10
12
14
16
$0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000
Total Incurred
Days from
DOL to Intake
Date “ Lag
Time”
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24. Average Disability Duration to Average
First Contact Lag Time
0
5
10
15
20
25
0 20 40 60 80 100
Disability Duration by Average Intake
Average
Disability
Duration
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25. Other Measurements
Do NOT base performance on
Decreasing reserves without evidence of a long-term
change (e.g., actuarial evaluation)
Faster closure without considering outcomes or
reopened claims
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26. Summary
Require “Best Practices”
Require more claims management
Develop more meaningful metrics
Require additional meaningful reports
Trust, but verify
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27. Questions?
CONTACT INFORMATION
Gary Jennings, CPCU, ARM, ALCM, AIC, ARe, SCLA
Principal
Strategic Claims Direction LLC
Phone: (678) 520-3739
Email: Gary.Jennings@StrategicClaimsDirection.com
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