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Private equity and healthcare: A growing concern for the industry

Private equity’s involvement in healthcare is increasingly influential, but its impact on senior care and other medical services is mixed, raising concerns among industry professionals. As private equity firms pursue varied strategies, their approach — whether investing in technology and improvements or focusing on cost-cutting — has significant implications for the industry.

At the Crittenden Medical Liability conference in April, industry experts covered current trends — and biggest challenges — in medical liability insurance, as well as the opportunities to lay the groundwork for the road ahead.

Panelists included:

Tim Zawacki, principal research analyst, S&P Global Market

Dennis Cook, President, Liberty Mutual Healthcare and Ironshore Healthcare

Richard Henderson, Senior Vice President, TransRe

Michelle Langen, Medical Professional Liability Director, Hudson Insurance Group

William Cotter, President and CEO, Physicians Insurance

Here were some key discussions and findings on the topic of private equity and healthcare:

Impact of Private Equity

    • Private equity firms have adopted diverse strategies when investing in healthcare facilities. Some firms enhance services and technology, aiming for long-term improvements. Others focus on cost reduction, which can lead to diminished service quality.
    • Understanding a private equity firm’s strategy is crucial for underwriters, as it helps assess the potential risks and benefits associated with their investments.

Senior Care Industry Challenges

    • The senior care sector, historically scrutinized for ownership and operational practices, faces increased risks due to private equity involvement. The recent bankruptcy of some private equity-owned facilities following the No Surprise Billing Act underscores these concerns.
    • The sector’s issues highlight the need for checks and balances in private equity practices.

Legal and Legislative Environment

    • Venue Shopping: Recent legal changes, such as those in Pennsylvania, have made venue shopping more prevalent. This has led to an increase in claims filed in jurisdictions such as Philadelphia, known for higher claim frequencies and severity.
    • Legislation: In California, rising limits on non-economic damages and similar legislative changes in other states are impacting loss ratios and overall industry dynamics.

Market Consolidation Trends

    • The top 10 medical professional liability (MPL) groups now control 72% of the premiums, reflecting significant consolidation. This marks a notable increase from 55% in 2007.
    • This consolidation trend indicates a shift towards larger, national players dominating the market, which could further influence underwriting practices and industry stability.

Reinsurance and Underwriting Challenges

    • Reinsurers are becoming more cautious, focusing on sectors and jurisdictions with favorable conditions. The rising costs and limited availability of reinsurance are driving consolidation and impacting underwriting strategies.
    • Geographic concentration and high-loss states such as New Mexico, Iowa, and Idaho have been particularly challenging, influencing overall underwriting results.

Emerging Issues

    • Climate Impact: The property and casualty industry is grappling with climate-related risks, affecting underwriting results and reinsurance strategies.
    • Criminalization of Medicine: Legislative and legal developments, including those related to gender-affirming care and criminalization of medical practices, pose significant challenges for the healthcare sector. These issues could affect coverage and defense strategies for healthcare providers.

The healthcare and insurance industries are facing multiple pressures, including the effects of private equity strategies, legislative changes and consolidation trends. Underwriters and insurers must navigate these challenges, while addressing emerging risks and adapting to the evolving market landscape. The increasing complexity of the legal environment and the consolidation of market share among top firms will continue to shape the future of healthcare insurance and risk management.

MPL industry faces persistent challenges with increased claims and losses

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