To: Ann Corrigan who wrote (82197 ) 4/6/2010 1:23:11 PM From: lorne Read Replies (1) | Respond to of 224729 Health insurers sue to raise rates Say state’s veto will cause huge losses; Showdown near on regulatory power By Robert Weisman Globe Staff / April 6, 2010 boston.com The proposed rate hikes would have taken effect April 1 for plans covering thousands of small businesses and individuals. Insurers wanted to raise base rates an average of 8 percent to 32 percent; tacked on to that are often additional costs calculated according to factors such as the size and age of the workforce. Yesterday’s legal action sets the stage for a showdown between state regulators and the health insurance industry. Governor Deval Patrick has made reining in runaway health care costs a centerpiece of his administration and his campaign for reelection — contending they are stifling the capacity of small businesses to create jobs. At the same time, health insurers argue that government is forcing them to sell policies at a loss that is unsustainable as the costs of medical services climb. Filing the suit were Blue Cross and Blue Shield of Massachusetts, the state’s largest health insurer, and the five commercial members of the Massachusetts Association of Health Plans: Harvard Pilgrim Health Care, Tufts Health Plan, Fallon Community Health Plan, Health New England, and Neighborhood Health Plan. All are nonprofit carriers. The insurance carriers will go before a judge on Thursday in Massachusetts Superior Court in Boston asking for a preliminary injunction against Insurance Commissioner Joseph G. Murphy’s decision to reject 235 of 274 premium hikes proposed by the insurers. Those rulings, which marked the first time the state has used its authority to deny health plan increases, were delivered last Thursday. They followed emergency regulations Patrick set requiring that rates be submitted 30 days in advance for review by regulators. The rulings mean that health insurance rates established in 2009 for small businesses and individuals will remain in effect — rates the insurers say were not even sufficient to cover last year’s costs. “What the commissioner did, we think, is going to create tremendous disruption in the marketplace,’’ said Dean Richlin, a partner at Boston law firm Foley Hoag who represents insurers. Health insurance leaders are also contending the health premium rate rejections are a distraction from what they see as the real problem: steadily rising medical costs, particularly from health care providers and hospital groups that use their market clout to negotiate long-term contracts on favorable terms with the insurance carriers. “We’re particularly distressed that this does nothing to contain the underlying hospital costs and doctor costs and drug costs,’’ said James Roosevelt Jr., the chief executive of Tufts Health Plan. Barbara Anthony, undersecretary of the state Office of Consumer Affairs and Business Regulation, which oversees insurance regulators, defended Murphy’s rulings and said the insurers’ lawsuit lacked merit. She said state law gives the commissioner the right to reject rates that are excessive compared to the benefits provided.