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Providers warn hard insurance market, rising premiums threaten availability of high‑needs youth placements

Mental Health & Vulnerable Adult Task Force · August 2, 2024
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Summary

Providers and insurance officials told the task force underwriting limits, higher property and combined liability costs, and recent claim activity threaten some residential and high‑acuity youth placements; insurers said markets remain willing to underwrite but with more conditions and higher cost if claims exist.

Providers and the Department of Insurance warned the task force that a hard insurance market and recent claims activity are stressing providers who serve high‑needs youth.

Tana Howard, Deputy Insurance Commissioner, and Leila Ladd, policy and planning manager, said their survey of residential and behavioral‑health providers found coverage is available but that fewer carriers and claims histories make underwriting more burdensome. Ladd told the committee insurers commonly seek a three‑year claims‑free history and that excess & surplus markets are used for higher‑risk providers, typically increasing cost.

Clark Fairbanks of the Wyoming Youth Service Association and other provider representatives said premiums have risen sharply — a survey line cited a 76% premium increase for some providers last year — and described situations where providers paid for damage rather than file a claim because a claim could render an entity uninsured. Providers described property damage caused by high‑acuity youth (e.g., destroyed rooms, sprinkler damage) as a recurring cost that can be treated as "cost of doing business" but that risks accumulating to the point of market exit.

Task force members and agency staff distinguished coverage types (property, general liability, professional liability/medical malpractice) and asked whether statutory changes (caps or indemnification) or state‑backstop mechanisms would meaningfully widen the market. Insurance staff cautioned that the market is "unprecedentedly hard" now and that reinsurance improvements may ease pressure in 6–12 months; providers countered that one or two lost carriers for a region could create immediate service gaps.

The committee asked agencies to continue investigating: the type and frequency of claims that lead to nonrenewals, cost impacts on provider operations, and options (pilot indemnity or reinsurance mechanisms, rate adjustments, or state‑backstop designs) that could be modeled for legislative consideration.