Epstein Becker Green helped its client Fallon Community Health Plan, Inc. (“FCHP”) obtain the reversal of the Massachusetts Division of Insurance (“Division”) disapproval of certain of FCHP’s premium rate increases. The Division had previously disapproved all premium rate increases filed by FCHP and other health insurance carriers for small business and individual customers that exceeded 7.7 percent — which was 150 percent of the New England Medical CPI for 2009. FCHP and the other affected health insurance carriers filed administrative appeals of the Division’s disapprovals of their premium rates. The Massachusetts Attorney General’s Office intervened in the administrative hearings on behalf of consumers’ interests. Epstein Becker Green, which along with local counsel represented FCHP, presented documentation and testimony justifying FCHP’s rates from actuaries, provider contracting executives, and other witnesses.
After examining the evidence, the presiding hearing officers reversed the Division’s disapprovals of FCHP’s premium rates, finding, among other factors, that FCHP had made reasonable efforts to keep costs down through provider contracting, and utilization control and cost containment programs. The presiding hearing officers also adopted EBG’s arguments that the Division’s reliance on Medical CPI to reject premium rates was flawed. As a result of the reversals, FCHP was able to implement its filed rate increases through the end of 2010.