Combined:
Transforming Risk: The Captive’s Role in
Sustaining an Enterprise Risk Management Program
Speaker:
Ruth Cardiello, Stamford Health System
Moderator:
The Captive’s Role in Enterprise Risk Management
• What are the ERM “fundamentals?”
• Why captives are an ideal place to build an ERM foundation and framework
• Why captive boards of directors are the ideal stewards of Enterprise Risk
• How to construct an enterprise-wide ERM program inside the framework of
an existing captive structure
• What health care system ERM programs can teach us
The Captive’s Role in Enterprise Risk Management
Defining
“
Risk
”
:
“Any event or action that will adversely affect an organization's
ability to achieve its business objectives and successfully
execute its strategy.”
The Captive’s Role in Enterprise Risk Management
“
Risk Management
”
is:
“An analysis of the risks, internal and external, for which
insurance and/or self-insurance should be procured and the
administration of the claims management, loss control, and
safety management programs necessary to protect the
assets of the organization from loss.”
The Captive’s Role in Enterprise Risk Management
“
Enterprise Risk Management
”
is:
“
Everything that
‘Risk Management’ is…but includes a further
analysis of all risks, internal and external, that may prevent an
organization from achieving its objectives. It is an integrated,
structured, and matrix-driven strategy aligning processes, people,
technology, and knowledge with the purpose of evaluating and
managing the daily uncertainties the enterprise faces.
”
The Captive’s Role in Enterprise Risk Management
Climbing Over the Barbed Wire Within the Organization
Old Risk
Management
Paradigm
Remaining
Risks Within
the Enterprise
• Classic insurance risk
• Classic self-insurance risk
• Traditional captive
program risk
• Uninsured risk
• Risk not possible to insure
• Business risk
The Captive’s Role in Enterprise Risk Management
Climbing Over the Barbed Wire Within the Organization
Old Risk
Management
Paradigm
Remaining
Risks Within
the Enterprise
An Enterprise Risk
Management
Program
The Captive’s Role in Enterprise Risk Management
ERM is best addressed and evaluated through focused internal resources
ERM is a bi-product of a focused multi-disciplinary approach reflecting clinical,
financial, and business development risks inherent in operations
ERM is a integrative initiative that reaches into all aspects of the organization’s
operations
ERM is evolutionary...it is part of a continuous process of self-evaluation and change
ERM requires a strong board of directors involvement and supervision
The Captive’s Role in Enterprise Risk Management
The Components of a Classic ERM Program
1.
Internal environment
:
how risk is viewed, how risk is assessed, ethical values,
and risk management philosophy
2.
Objective Setting
:
identify potential events affecting outcomes; setting objectives
that support and align with the overall mission and the entity’s risk appetite
3.
Event Identification
:
internal/external events affecting outcomes; identify risks;
identify opportunities
4.
Risk Assessment
:
analyzing risks; assessing how risks can be controlled; risk
assessment on an immediate or residual basis
The Captive’s Role in Enterprise Risk Management
The Components of a Classic ERM Program
5.
Risk Response
:
selecting avoidance, acceptance, reduction, or sharing of risk by
specific area of operation
6.
Control Activities
:
procedures established to ensure risk responses are carried
out
7.
Information and Communication
:
relevant information identified, captured, and
communicated; communication flows down, across, and up the entity
8.
Monitoring
:
the ERM initiative is monitored and modified; it is a continual
evaluation and improvement process
The Captive’s Role in Enterprise Risk Management
Why Should an ERM Program Have a Captive Focus?
Most captives are fully-consolidated subsidiaries…the good news and the bad impacts the
organization immediately.
Captives are adept at understanding what can (ought to) be insured or self-insured…ERM is
all about understanding balance sheet management and how to keep risk or transfer it.
Captive boards usually consist of multi-disciplinary talents…you need a broad business view
to control Enterprise Risk.
Most captives manage claims efficiently and professionally…expertise that is needed in the
ERM strategy.
The Captive’s Role in Enterprise Risk Management
Captives Aren’t Static…Neither Is ERM
ERM is:
ERM is not:
A team endeavor; team members bring expertise from all key operational areas to the process
A system imposed from outside sources; a system limited to the evaluation of financial risk
Part of a dynamic, open organizational culture Part of a silo-oriented, non-dynamic culture Broad...encompassing all operational, business, and clinical
risk elements
Limited...encompassing only insurable risks and exposures
Strategic...forward-looking in both evaluation and outcomes over multiple fiscal periods
Static...evaluating risk only at a fixed point in time A continuous and evolving process; more than risk retention
(self-insurance) or risk transfer (commercial insurance)
A once-a-year exercise focused on insurance program renewals and related strategies
Part of the strategic planning process at its earliest stages Reactive to strategies already in place Designed to withstand scrutiny by outside evaluators and
regulators
The Captive’s Role in Enterprise Risk Management
Redefining the Captive’s Annual Meeting to Include ERM
A captive’s
Annual
Meeting
The usual agenda
• approval of audit • election of officers • reinsurance renewal • actuarial report • claims report
An ERM agenda
• non-traditional business risk • reputational risk • regulatory risk • insurable vs.The Captive’s Role in Enterprise Risk Management
Asking the tough questions about what is insurable and what is not
Forcing the discussion about traditional versus non-traditional risk
Using an ERM risk discussion as a board education tool
Focusing the board’s attention on unpredictable, actuarially-volatile risk
Considering ERM in the context of a captive’s existing capital and surplus
The Captive’s Role in Enterprise Risk Management
How Health Care Liability Captives Are Changing:
Accountable Care…forcing the amalgamation
of traditional risk management and ERM
programs within health care facilities…
The Captive’s Role in Enterprise Risk Management
Health Care System Clients of Michael Maglaras & Company
Percentage of Employed Physician Exposures to Total Bed Equivalent Exposures
2001 to 2013
10.0% 20.0% 30.0% 40.0% 50.0% 60.0%31.7%
53.0%
The Captive’s Role in Enterprise Risk Management
Medical Professional Liability...What’s the Current Model?
Medical Staff Hospital Employed Physicians Community Physicians Insurance Source: Commercial, Etc. Insurance Source: Hospital-Owned Captive ReinsuranceThe Captive’s Role in Enterprise Risk Management
Medical Professional Liability...What’s the Emerging Model?
Physicians ACO Hospital System Hospital Captive
- Physician reputational risk - Physician practice risk - Emerging regulatory risks
-Fewer defendant “pockets” for a single claim - Challenges to existing surplus
New ERM Risks/Exposures
Reinsurance Market