Lt. Gov. Diane Denish opposes giving the Public Regulation Commission more say over premium increase requests from health insurers, saying doing so could pose a conflict of interest in the state’s rate-review process.
Denish’s position on the matter puts her at odds with other high-profile state elected officials, particularly New Mexico’s Attorney General Gary King, who supports such an idea, as the state’s current review process for health insurance rate requests has come under increasing scrutiny.
Denish, the Democratic nominee for governor, articulated her position in response to questions posed by The Independent last week.
Her opponent, Republican Susana Martinez, also was contacted with the same questions last week. Early Friday afternoon Martinez’s campaign said it would answer the questions, but never did, despite repeated phone calls and e-mails over several days by The Independent.
How the state reviews health insurance rate increase requests has increasingly become a hot topic since the state Insurance Division approved a controversial 21 percent increase for rates paid by 40,000 New Mexicans to health insurer Blue Cross Blue Shield of New Mexico for individual plans.
The New Mexico Public Regulation Commission requested last month that the Insurance Superintendent suspend the rate increase and start another review, setting up a possible court challenge from Blue Cross Blue Shield New Mexico. The health insurer has threatened litigation if the rate increase is overturned.
Next governor will help to oversee health care changes
Whoever wins New Mexico’s gubernatorial election this November will oversee the state’s transition in how health care not only is purchased but also how health insurers’ requests for increased premiums are vetted under the new federal health care law, which takes effect in 2014.
Already some state lawmakers and advocates, however, are urging to the state to strengthen how New Mexico reviews health insurers’ premium rate prior to 2014. New Mexico plans to apply for $1 million in federal grant money next month to help states hold insurers accountable for unreasonable insurance rate increases.
One idea already proposed – and publicly supported by Public Regulation Commissioner Jason Marks and Attorney General Gary King – would have the PRC given more authority in reviewing health insurers’ premium rate requests.
Currently, the Insurance Division has sole authority over requests to raise insurance premium rates, and challenges to them are made in New Mexico state court.
Denish’s campaign spokesman Chris Cervini said in an e-mail the candidate thought it would be “inappropriate and present a potential conflict to have the PRC serve in an appellate capacity on these types of cases. She would not support giving the PRC that additional power of appeal.”
The Insurance Division is a department of the Public Regulation Commission.
“If someone is appealing to the same body that has oversight – taking it to a third-party seems to be better,” Cervini said in a short follow up phone interview with The Independent.
Denish supports increased authority to reject rate hike requests
Another proposed change making the rounds at the state Capitol is to make explicit New Mexico’s authority to reject premiums increases if they are ‘unreasonable.’ The state would have to define what ‘unreasonable’ means.
Asked what Denish thought of that idea, Cervini wrote in an e-mail, “Diane supports a process that takes economic conditions into account when rates are changed in an effort to minimize large increases when economic times are difficult.”
The rise in health care costs is not unique to New Mexico, with individuals who purchase their health care across the nation paying more each year, according to a study released today by a health care group.