Issue #26, Fall 2012

The Long Term Is Now

As the population ages, the costs—financial and social—of long-term care will rise rapidly. And our current model of funding it will not work.

If we think that the aims of the CLASS Act were worthy but the means fatally flawed, what should we do instead? My proposal, in brief, is to be bigger, bolder, and more fiscally realistic. There are two basic models for fundamental reform—one that mimics the structure of the ACA, the other that proceeds along the lines of the German program. The first option would work as follows: At age 40, every adult would be required to purchase a long-term care insurance policy or to pay a penalty equal to 2 percent of wage and salary income for each year without coverage. The policy would need to have certain features: a term of five years, a benefit of at least $150 per day, an automatic annual inflation adjustment of 5 percent, a 90-day deductible, and benefits that could be received in cash or in kind and used for both home-based and institutional care. The government would provide subsidies for purchasing the plans. Individuals with household income between 150 and 300 percent of poverty would receive income-related premium subsidies; those below 150 percent would be enrolled for free.

The federal government would create a competitive bidding process along the lines of, but broader than, the current system for federal employees (and the exchanges under the ACA), with the aim of creating a large menu of carefully vetted, readily comparable choices. After the five-year benefit period expires, Medicaid would assume full financial responsibility for any remaining costs. Individuals in this category would not be required to spend down their assets to be eligible.

The five-year requirement is intended to track the distinction between normal expectations—the maximum amount of time that 80 to 90 percent of Americans will spend in nursing home care—and unusually long stays that represent the equivalent of financial catastrophe. The average nursing home stay is 2.4 years—higher for women, lower for men. As we’ve seen, relatively few stays last longer than five years. The choice of age 40 to mandate the purchase of insurance rests on a judgment as to when it is reasonable to expect adults to begin providing for events that may occur in later life.

Insurers in the current federal program offer 40-year-olds the policy on which my proposal is based for an annual premium of $1,285. With mandatory participation and more competition among insurers, premiums under this system should be substantially lower. Regulations would permit premium increases in only a narrow range of circumstances that companies would be required to document and subject to strict review.

Under this plan, Medicare expenditures would be reduced somewhat since private insurance would finance a portion of the 100-day rehabilitation period that Medicare now covers. The impact on Medicaid would be far larger in fiscal terms, and much more significant structurally. Medicaid’s revised role in long-term care would be to: 1) create, through a competitive process, the options among which individuals could choose and provide information to assist individuals in making that choice; 2) use regulations to ensure appropriate standards and safeguards; 3) provide premium subsidies for low- and moderate-income individuals; and 4) serve as insurer of last resort after the expiration of the five-year private benefit period.

The design of this proposal deliberately mimics that of the ACA and therefore should raise no constitutional issues under the congressional taxing power. Like the ACA, it involves the private sector, which would increase choice and competition but also administrative complexity.

That’s one idea. The alternative to the ACA model is an approach that adapts Germany’s program to American circumstances. Under this approach, workers over age 50 would remain in the current system. All workers 50 and under would be required either to contribute 2 percent of their wages into a long-term care fund or to purchase private long-term care insurance with at least the coverage features specified below. For all workers making less than twice the median wage, the federal government would make a sliding-scale contribution to ensure a minimum annual contribution of $1,000 per worker.

The government would establish eligibility criteria for companies wishing to participate in the new program’s market exchanges. All companies meeting the criteria would qualify for inclusion, and the terms and conditions of their policies would be arrayed in standard formats that make it easy to understand and compare them. The government would ask every worker to choose a program and a policy offering no less than five years of coverage at $150 per day with a 5 percent automatic annual inflation adjustment, a 90-day deductible, and fully flexible benefits as in the first option. Drawing from the long-term care fund, the government would subsidize that choice up to the value of the lowest-cost policy with the basic features specified above. Individuals who select more expensive policies would pay the difference into the fund, while individuals who fail to make a selection would be defaulted into the lowest-cost basic package. Workers who directly purchase at least a basic package for themselves on the individual market would be exempt from the mandatory payroll contribution.

Every five years after the new long-term care program went into effect, an independent long-term care actuarial commission would evaluate the program’s financial soundness and recommend whatever changes it deems necessary to ensure its long-term sustainability. Any proposal involving changes in benefits or the payroll tax rate would be submitted to Congress for an up-or-down vote within 90 days. If Congress failed to act, a package evenly balanced between revenue increases and benefit cuts would be triggered and would remain in effect until such time as Congress accepted the commission’s recommendations or enacted its own package making financially equivalent changes to the program.

A Moral and Responsible Goal

Issue #26, Fall 2012
 
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Raymond Lavine:

Informative and beneficial history on long term care insurance.

The free market system as people are aware is doing well for some people, in recession for others, and depression for older workers who will never find the jobs and incomes lost because of the 2008 financial melt down.

Harley Gordon offers the best approach to how we as agents should provide the need and urgency.

So long as you may qualify financially and are in good to reasonable health, owning a plan is good estate planning, and valuable to your family who absorb the consequences taking care of a loved one.

Long Term Care is not about protecting assets -- it is about preserving a family and providing additional income to a families income stream to pay for extended care benefits.

It thereby preserves the estate to provide income stream, tax consequences to allow for cash flow, legacy, and keeping a family together by keeping them apart.

For the next decade or more, the United States will not have the economic resources to have a government sponsored program, even if it is transfer of assets, to pay for extended care coverage.

The political system is toxic to allow for rationale education and conversation.

I do honor William with writing this article.

Sep 11, 2012, 8:35 PM
Kathleen Williamson:

Purchasing Long term care insurance may be the solution for the "under 50" population, but with the high premiums for the "60+" population who can not afford such a high premiums on fixed incomes.
So we are left with a generation of elderly that will need both home and institutional care before the "Insured" generation even come of age.
Something must be done now to enable todays frail elderly population, the providers who serve them and the families who struggle with the cost of such care to to have access to the least restrictive form of care they need.
Today's nursing homes are not the same institutions of the past. They are more home like, striving to provide life enriching environments for their residents as well as quality care, but all that comes with a cost.
I have seen an increase in the number Medicaid applications denied or assessed a "Penalty Period" due to the transfer of assets. The result is the facility incurrs an enormous debt and they must continue to care of the resident with no reimbursement for months and months.
Something must change or nursing home will be disappearing or going bankrupt in this troubled political and ecominc climate.

Sep 12, 2012, 10:05 AM
Wally Roberts:

Excellent analysis--as far as it goes. What it does not discuss that is crucial for making nursing homes affordable for both individuals and Medicaid is the exorbitant profits made by for-profit nursing homes, especially those owned by private equity funds.

And it's more than just money, as these profits are achieved largely by deliberate understaffing, which leads to enormous suffering by the patients. The private equity owners shield themselves from lawsuits over elder abuse by using multiple shell corporations so ultimate responsible cannot be assigned.

Sep 21, 2012, 10:14 AM
Gabriel Heiser:

You've only discussed how to pay for a current system of care with no mention of the other side of this coin, i.e., ways to reduce the cost of care by alternatives to the current nursing home model. I have read of other methods of care that are much less costly. I'd like to see a discussion of those ideas. If the costs were much lower, then a lot of this problem goes away. In my book, "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," I advise the reader how to take full advantage of the opportunities in the current law, but at the same time I recognize that with the aging population and longer lifespans, the numbers are just not going to work without radical changes. I applaud the author for discussing this difficult topic.

Dec 19, 2012, 12:31 PM

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