[December 08, 2016] |
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Humana Writes Off Risk Corridor Receivables
Humana Inc. (NYSE: HUM) today announced that a change in interpretation
of the Affordable Care Act (ACA) associated with a recent court decision(a)
involving parties unrelated to the company now requires the company,
under applicable accounting rules, to write-off essentially all of the
$591 million in receivables associated with the risk corridor premium
stabilization program(b) outstanding as of September 30,
2016. The company anticipates collection of approximately $8 million in
risk corridor receivables outstanding as of September 30, 2016
associated with the 2014 plan year based on information published by the
Centers for Medicare and Medicaid Services (CMS) on November 18, 2016.
The company has previously collected approximately $30 million from CMS
for risk corridor receivables also associated with the 2014 plan year.
Risk corridor receivables previously recorded resulted in higher premium
income in the related period accrued. Consequently, the company will
reflect the write-off of the receivables as an adjustment to premium
income in the quarter ending December 31, 2016 (4Q16). The company
expects to exclude the impact of the risk corridor receivables write-off
from its Adjusted EPS for 4Q16 and FY16.
The risk corridor premium stabilization program expires on December 31,
2016, so the write-off of these receivables will have no impact on the
company's expected performance for the year ending December 31, 2017.
Importantly, risk corridor receivables were not previously allowed as
assets for statutory surplus and, therefore, were already fully funded
by the parent company.
Humana's core businesses continue to perform as previously expected. The
company has also now included an estimate of transaction and integration
costs for 4Q16 in its projections for the year ending December 31, 2016
(FY16). Humana's updated GAAP(c) and Adjusted(d)
diluted earnings per common share (EPS) guidance for FY16 follows:
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EPS - FY16
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GAAP EPS
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Adjustments to GAAP (d)
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Adjusted
(Non-GAAP) EPS
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Guidance as of November 4, 2016
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Approximately $8.68
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At least $0.82
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Approximately $9.50
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Write-off of risk corridor receivables (b)
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(2.45)
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2.45
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-
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Transaction and integration costs for 4Q16 not previously estimated
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(0.14)
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0.14
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-
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Guidance as of December 8, 2016
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Approximately $6.09
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Approximately $3.41
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Approximately $9.50
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The company has included financial measures in this release that
are not in accordance with GAAP. Management believes that these
measures, when presented in conjunction with the comparable GAAP
measures, provide investors greater transparency into the
company's core business operations and operating performance.
Management uses these non-GAAP financial measures as indicators of
the company's business performance, as well as for operational
planning and decision making purposes. Non-GAAP financial measures
should be considered in addition to, but not as a substitute for,
or superior to, financial measures prepared in accordance with
GAAP. All financial measures in this press release are in
accordance with GAAP unless otherwise indicated.
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Footnotes
(a) On November 10, 2016, the U.S. Court of Federal Claims
ruled in favor of the government in one of a series of cases filed by
insurers against the Department of Health and Humana Services (HHS) to
collect risk corridor payments, rejecting all of the insurer's
statutory, contract and Constitutional claims for payment. The company
had maintained the receivable in previous periods in reliance upon the
interpretation previously promulgated by HHS that the risk corridor
receivables were obligations of the U.S. government. Given this court
decision, however, the company's conclusion with respect to the ultimate
collectability of the receivable has shifted, and accounting rules
require that the receivable be written off. Land of Lincoln Mutual
Health Insurance Company v. United States; United States Court of
Federal Claims No. 16-744C.
(b) Under health care reform, premium stabilization programs,
commonly referred to as the 3Rs, became effective January 1, 2014. These
programs include a permanent risk adjustment program, a transitional
reinsurance program, and a temporary risk corridors program designed to
more evenly spread the financial risk borne by issuers and to mitigate
the risk that issuers would have mispriced products. In each case,
operation of the program is subject to appropriation or other federal
administrative action. The company had previously disclosed in its
filings with the Securities and Exchange Commission (SEC (News - Alert)), ". . . to the
extent certain provisions of the Health Care Reform Law are successfully
challenged in court or there are changes in legislation or the
application of legislation, there can be no guarantee that receivables
established under the reinsurance, risk corridor or risk adjustment
provisions of the Health Care Reform Law will ultimately be collected."
(c) GAAP is Generally Accepted Accounting Principles.
(d) Adjusted EPS guidance for FY16 excludes:
a. Pretax transaction and integration costs associated with
the pending transaction with Aetna Inc. of $105 million, or $0.63 per
diluted common share.
b. Amortization expense for identifiable intangibles of $77
million pretax, or $0.33 per diluted common share
c. The write-off of risk corridor receivables totaling $583
million pretax, or $2.45 per diluted common share, in light of the
change in interpretation of the ACA demonstrated by the recent court
decision referenced in footnote (a) above.
Cautionary Statement
This news release includes forward-looking statements within the meaning
of the Private Securities Litigation Reform Act of 1995. When used in
investor presentations, press releases, Securities and Exchange
Commission (SEC) filings, and in oral statements made by or with the
approval of one of Humana's executive officers, the words or phrases
like "expects," "believes," "anticipates," "intends," "likely will
result," "estimates," "projects" or variations of such words and similar
expressions are intended to identify such forward-looking statements.
These forward-looking statements are not guarantees of future
performance and are subject to risks, uncertainties, and assumptions,
including, among other things, Humana's and Aetna's actions with respect
to the pending Department of Justice (DOJ) litigation; the outcome of
the pending litigation in which the DOJ is seeking to block the
transaction; the timing to consummate the transaction if it is not
blocked; the terms and the timing of divestiture agreements entered into
by Humana and Aetna to address the DOJ's perceived competitive concerns
regarding Medicare Advantage; the risk that a condition to closing of
the transaction may not be satisfied or that the closing of the
transaction otherwise does not occur; the risk that a regulatory
approval required for the transaction is delayed, is not obtained or is
obtained subject to conditions that are not anticipated; the outcome of
various litigation matters related to the transaction that are in
addition to the pending DOJ litigation; the diversion of management time
on transaction-related issues (including the pending DOJ litigation); as
well as information set forth in the "Risk Factors" section of the
company's SEC filings, a summary of which includes but is not limited to
the following:
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Humana's transaction with Aetna is subject to various closing
conditions, including governmental and regulatory approvals as well as
other uncertainties and there can be no assurances as to whether and
when it may be completed.
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The merger agreement between Humana and Aetna prohibits Humana from
pursuing alternative transactions to the pending transaction with
Aetna.
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The number of shares of Aetna common stock that Humana's stockholders
will receive in the transaction is based on a fixed exchange ratio.
Because the market price of Aetna's common stock will fluctuate,
Humana's stockholders cannot be certain of the value of the portion of
the transaction consideration to be paid in Aetna's common stock.
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While the transaction with Aetna is pending, Humana is subject to
business uncertainties and contractual restrictions that could
materially adversely affect Humana's results of operations, financial
position and cash flows or result in a loss of employees, customers,
members or suppliers.
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Failure to consummate the transaction with Aetna could negatively
impact Humana's results of operations, financial position and cash
flows.
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The filing of a civil antitrust complaint against us and Aetna is
delaying, and could ultimately prevent, the consummation of the merger
with Aetna.
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Delays in completing the Merger will delay the benefits expected to be
achieved by the Merger.
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The timing of the closing of the transactions contemplated by the
asset purchase agreements between Humana and Molina Healthcare, Inc.,
and between Aetna and Molina Healthcare, Inc., are uncertain, and may
delay the completion of the merger between Humana and Aetna for a
significant period of time.
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If Humana does not design and price its products properly and
competitively, if the premiums Humana receives are insufficient to
cover the cost of health care services delivered to its members, if
the company is unable to implement clinical initiatives to provide a
better health care experience for its members, lower costs and
appropriately document the risk profile of its members, or if its
estimates of benefits expense are inadequate, Humana's profitability
could be materially adversely affected. Humana estimates the costs of
its benefit expense payments, and designs and prices its products
accordingly, using actuarial methods and assumptions based upon, among
other relevant factors, claim payment patterns, medical cost
inflation, and historical developments such as claim inventory levels
and claim receipt patterns. We continually review estimates of future
payments relating to benefit expenses for services incurred in the
current and prior periods and make necessary adjustments to our
reserves, including premium deficiency reserves, where appropriate.
These estimates, however, involve extensive judgment, and have
considerable inherent variability because they are extremely sensitive
to changes in claim payment patterns and medical cost trends, so any
reserves we may establish, including premium deficiency reserves, may
be insufficient. In addition, there can be no guarantees that any
reconsideration that Humana may file with respect to certain of the
Company's Star rating measures for the 2018 bonus year will be
successful, that operational measures Humana may take will
successfully mitigate any negative effects of Star quality ratings for
the 2018 bonus year, or that Humana will not experience a decline in
membership growth for 2017 or 2018 as a result of the Company's 2018
bonus year Star ratings.
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If Humana fails to effectively implement its operational and strategic
initiatives, particularly its Medicare initiatives, state-based
contract strategy, and its participation in the new health insurance
exchanges, the company's business may be materially adversely
affected, which is of particular importance given the concentration of
the company's revenues in these products.
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If Humana fails to properly maintain the integrity of its data, to
strategically implement new information systems, to protect Humana's
proprietary rights to its systems, or to defend against cyber-security
attacks, the company's business may be materially adversely affected.
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Humana's business may be materially adversely impacted by the adoption
of a new coding set for diagnoses (commonly known as ICD-10), the
implementation of which became effective on October 1, 2015.
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Humana is involved in various legal actions, or disputes that could
lead to legal actions (such as, among other things, provider contract
disputes relating to rate adjustments resulting from the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, commonly
referred to as "sequestration"; other provider contract disputes; and
qui tam litigation brought by individuals on behalf of the government)
and governmental and internal investigations, any of which, if
resolved unfavorably to the company, could result in substantial
monetary damages or changes in its business practices. Increased
litigation and negative publicity could also increase the company's
cost of doing business.
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As a government contractor, Humana is exposed to risks that may
materially adversely affect its business or its willingness or ability
to participate in government health care programs including, among
other things, loss of material government contracts, governmental
audits and investigations, potential inadequacy of government
determined payment rates, potential restrictions on profitability,
including by comparison of profitability of the company's Medicare
Advantage business to non-Medicare Advantage business, or other
changes in the governmental programs in which Humana participates.
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The Health Care Reform Law, including The Patient Protection and
Affordable Care Act and The Health Care and Education Reconciliation
Act of 2010, could have a material adverse effect on Humana's results
of operations, including restricting revenue, enrollment and premium
growth in certain products and market segments, restricting the
company's ability to expand into new markets, increasing the company's
medical and operating costs by, among other things, requiring a
minimum benefit ratio on insured products, lowering the company's
Medicare payment rates and increasing the company's expenses
associated with a non-deductible health insurance industry fee and
other assessments; the company's financial position, including the
company's ability to maintain the value of its goodwill; and the
company's cash flows.
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Humana's participation in the federal and state health insurance
exchanges, which entail uncertainties associated with mix, volume of
business and the operation of premium stabilization programs that are
subject to federal administrative action, could adversely affect the
company's results of operations, financial position and cash flows.
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Humana's business activities are subject to substantial government
regulation. New laws or regulations, or changes in existing laws or
regulations or their manner of application could increase the
company's cost of doing business and may adversely affect the
company's business, profitability and cash flows.
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If Humana fails to develop and maintain satisfactory relationships
with the providers of care to its members, the company's business may
be adversely affected.
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Humana's pharmacy business is highly competitive and subjects it to
regulations in addition to those the company faces with its core
health benefits businesses.
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Changes in the prescription drug industry pricing benchmarks may
adversely affect Humana's financial performance.
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If Humana does not continue to earn and retain purchase discounts and
volume rebates from pharmaceutical manufacturers at current levels,
Humana's gross margins may decline.
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Humana's ability to obtain funds from certain of its licensed
subsidiaries is restricted by state insurance regulations.
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Downgrades in Humana's debt ratings, should they occur, may adversely
affect its business, results of operations, and financial condition.
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The securities and credit markets may experience volatility and
disruption, which may adversely affect Humana's business.
In making forward-looking statements, Humana is not undertaking to
address or update them in future filings or communications regarding its
business or results. In light of these risks, uncertainties, and
assumptions, the forward-looking events discussed herein may or may not
occur. There also may be other risks that the company is unable to
predict at this time. Any of these risks and uncertainties may cause
actual results to differ materially from the results discussed in the
forward-looking statements.
Humana advises investors to read the following documents as filed by the
company with the SEC for further discussion both of the risks it faces
and its historical performance:
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Form 10-K for the year ended December 31, 2015;
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Form 10-Q for the quarters ended March 31, 2016, June 30, 2016 and
September 30, 2016;
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Form 8-Ks filed during 2016.
About Humana
Humana Inc., headquartered in Louisville, Ky., is a leading health and
well-being company focused on making it easy for people to achieve their
best health with clinical excellence through coordinated care. The
company's strategy integrates care delivery, the member experience, and
clinical and consumer insights to encourage engagement, behavior change,
proactive clinical outreach and wellness for the millions of people we
serve across the country.
More information regarding Humana is available to investors via the
Investor Relations page of the company's web site at www.humana.com,
including copies of:
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Annual reports to stockholders
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Securities and Exchange Commission filings
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Most recent investor conference presentations
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Quarterly earnings news releases
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Calendar of events
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Corporate Governance information
View source version on businesswire.com: http://www.businesswire.com/news/home/20161208006252/en/
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