How Will the Patient Protection and Affordable Care Act Affect Liability
Insurance Costs?
Author
: David I. Auerbach and Paul Heaton, and Ian Brantley
Subject
: medical providers, consumers, and private health insurers, law, Health Sciences
Publisher
: RAND Corporation
Summary :The Patient Protection and Affordable Care Act (ACA) (Pub. L. 111-148, 2010) promises to
bring substantial changes to the U.S. health care system, including potentially expanding coverage
to millions of uninsured Americans. Although considerable research is already under way
examining how the ACA will affect medical providers, consumers, and private health insurers,
much less is known about how the ACA will affect liability insurers, despite the fact that liability
insurers reimburse tens of billions of dollars for medical care each year in the United States.
This report identifies several channels through which the ACA might affect liability insurance
payments—also referred to here as insurer costs—summarizes the conceptual basis for
and existing evidence for these channels and, where possible, calculates rough estimates of the
sizes and directions of expected impacts. Although lingering uncertainties surrounding how
the ACA implementation will proceed make offering precise quantitative predictions of the
law’s impact unrealistic at this point, the report does aim to identify lines and states where the
ACA’s effects may be more profoundly felt, areas in which impacts are expected to be modest,
and highlight domains in which substantial uncertainty still exists. It represents one of the
first systematic empirical explorations of the ACA’s potential effects on liability insurers and, as
such, should be informative to insurance industry professionals, policymakers, and regulators.
This research was supported by Swiss Re and also in part by pooled contributions to
the RAND Institute for Civil Justice. The Swiss Re Group is a leading wholesale provider
of reinsurance, insurance, and other insurance-based forms of risk transfer. Dealing directly
and working through brokers, Swiss Re’s global client base consists of insurance companies,
medium-sized to large corporations, and public-sector clients. Swiss Re’s public research program
supports research on cutting-edge topics at the intersection of risk management, insurance and public policy
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