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MAINE DENTAL SERVICE CORPORATION
REPORT OF EXAMINATION
AS OF
DECEMBER 31, 2004

TABLE OF CONTENTS

SCOPE OF EXAMINATION
DESCRIPTION OF THE COMPANY

HISTORY
RELATED PARTIES & AGREEMENTS
MANAGEMENT AND CONTROL
CORPORATE RECORDS
FIDELITY BOND AND OTHER INSURANCE
PLAN OF OPERATION
ACCOUNTS AND RECORDS

REINSURANCE
LITIGATION
SUBSEQUENT EVENTS
FINANCIAL STATEMENTS
NOTES TO FINANCIAL STATEMENTS
COMMENTS AND RECOMMENDATIONS
CONCLUSION

I hereby certify that the attached report of examination dated October 20, 2005 shows the condition and affairs of MAINE DENTAL SERVICE CORPORATION, Saco, Maine as of December 31, 2004 and has been filed in the Bureau of Insurance as a public document.

This report has been reviewed.

________________________
Eric A. Cioppa
Deputy Superintendent

Dated this _____ day of ____________, 2006

October 20, 2005

Alessandro A. Iuppa, Superintendent
State of Maine
Bureau of Insurance
34 State House Station
Augusta, Maine 04333

Dear Sir:

Pursuant to the provisions of Title 24 M.R.S.A. § 2307 and in conformity with your instructions, a financial examination has been made of

Maine Dental Service Corporation
d/b/a Delta Dental Plan of Maine

at its primary administrative office in Concord, New Hampshire. The Company maintains a marketing office in Saco, Maine. The report of examination is herewith respectfully submitted.

SCOPE OF EXAMINATION

This examination of Maine Dental Service Corporation (hereinafter referred to as the “Company”) covered the period from January 1, 2001 through December 31, 2004.

The examination consisted of a survey of the Company’s business policies and underwriting practices; a review of the corporate minutes; a verification of assets and a determination of liabilities at December 31, 2004 in conformity with statutory accounting practices, NAIC guidelines and the laws, rules and regulations prescribed or permitted by the Maine Bureau of Insurance.

To the extent deemed appropriate, we utilized the work papers of the Company’s independent accountants for the year ending December 31, 2004. In conjunction with these work papers, we extended testing, where deemed appropriate, in order to achieve a confidence level commensurate with the risk assessed through utilization of the NAIC Examiners’ Handbook.

The Company’s claims and claims adjustment expense reserves were evaluated for the period under examination. Claim payments, eligibility, report dates, and dates of service, taken from statistical data files and reports were verified. Incurred but not reported (IBNR) reserves were also reviewed as to the reasonability of current IBNR reserves.

To the extent deemed necessary, we also reviewed transactions occurring subsequent to our examination date. The results of this examination present the financial condition of the Company at December 31, 2004 as determined by the examiners. For purposes of this report, comments on various balance sheet items may be limited to matters involving a departure from laws, regulations or rules; a significant change in the amount of the item; or where an explanation, comment and/or recommendation is warranted.

DESCRIPTION OF THE COMPANY

History

The Company was incorporated in the State of Maine on April 28, 1965 under Special Statute and is now subject to Title 13-B M.R.S.A. The Company was licensed per conditions outlined in a letter dated May 19, 1987.

Related Parties & Agreements

The Company owns a one-third interest in New England Dental Administrators, LLC (NEDA), which is an administrative services organization. (See Note 4)

The Company, along with the Delta Dental Plans of New Hampshire (DDPNH) and Vermont, does business under the trade name Northeast Delta Dental. All processing of premiums, claims, provider contracts, and subscriber group services is performed by DDPNH employees, and the costs are allocated to the other two Plans through a Marketing and Administration Agreement. The Company reported the shared expenses charged through the Marketing and Administration Agreement with DDPNH as a single line item on the Underwriting and Investment Exhibit. In accordance with the Statements of Statutory Accounting Principles (SSAP) No. 70, paragraph 7, these expenses should be allocated to the expense category as if the Company incurred the expense itself. (See Comment and Recommendation #1)

The Company also had a reinsurance agreement with DDPNH. (See Reinsurance section)

Management and Control

The Board of Directors serving as of December 31, 2004 was elected by the members, in accordance with Title 13-B M.R.S.A. § 702, and were as follows:

Kevin C. Baack, PH. D Fred Bechard, D.Ed.
Christie D. Harding Martha M. Lawrence, DDS
Jeffrey B. Doss, DDS Charles E. Brown, DDS
Walter L. Higgins, Jr., DMD Gary E. Whitney
William C. Caddoo, DMD George K. Joseph
Barry C. Saltz, DDS Diane Bailey
Merle A. Davis Clifford B. Larlee, Jr., DMD
Douglas C. Terp  

 

In accordance with Title 13-B M.R.S.A. § 710, the following lists the Officers elected by the Board of Directors and serving as of December 31, 2004:

Name Position
Thomas Raffio President & Chief Executive Officer
Donald A. Kopp, Esq Clerk
Gary E. Whitney Treasurer
Helen T. Biglin Senior Vice President

Corporate Records

The Company’s Articles of Incorporation, Bylaws and Minutes of the Board of Directors’ meetings held during the period under examination were reviewed. Review of these records indicates that the Company is operating in accordance with its Articles and Bylaws.

Fidelity Bond and Other Insurance

The Company is protected as a named insured under a blanket fidelity bond in the amount of $1,000,000. The bond amount was tested with regard to NAIC standards and was determined to be adequate. All insurance coverage was reviewed and was written by companies that are authorized in the State of Maine.

Plan of Operation

The Company is a nonprofit, tax-exempt organization under Title 24 M.R.S.A. which was established to provide dental benefit programs for employers and individuals through a network of participating member dentists in the State of Maine. Dental services are provided under written contracts and benefits are paid up to a maximum amount per covered individual, as defined by the various programs. The Company also provides dental service plan administration for other groups.

Accounts and Records

The Company utilizes Great Plains software for recording and reporting its financial, statistical data. As of November 2004, the Company implemented its new DCS2000 system for claims adjudication and premium determination. All processing of transactions and current record-keeping is performed in the Concord, N.H. office.

REINSURANCE

Effective July 1, 1997, the Company entered into a reinsurance agreement with DDPNH that is titled A Quota Share Reinsurance Agreement. The agreement only applies to the Maine State Employee Health Insurance Program groups underwritten by the Company. During the period of examination and up until June 30, 2005, the Company reinsured 20% of the State of Maine account through this agreement with DDPNH. Effective June 30, 2005, this agreement was terminated.

The Company is incorrectly reporting reinsurance balances payable net (premium balances payable less losses recoverable) as part of General Expenses Due or Accrued. The Company should be reporting a premium balance payable and a paid loss recoverable. (See Comment and Recommendation #2)

The Company has not reduced its claim reserves for the amount ceded to its reinsurers; instead, the amount was recorded as a receivable from the reinsurer. Policy reserves should be reduced by the amount ceded to reinsurers. (See Comment and Recommendation #3)

LITIGATION

A review of legal confirmations furnished by outside legal counsel disclosed that the Company is not involved in any actual, pending or threatened litigation that would result in a material judgment against the Company.

SUBSEQUENT EVENTS

The Company made an additional capital contribution of $45,000 in 2005 to its affiliate, NEDA, in which the Company has a one-third ownership interest.

In 2005, the Company made commitments to fund Dental Hygienist scholarships at two schools in Maine for a total of $50,000 per year through 2009 (total commitment: $250,000). The first payments were made in March 2005 and an accounts payable was recorded for the remaining $200,000.

FINANCIAL STATEMENTS

The following Financial Statements show the results of the Company’s operations for the year ended December 31, 2004 as determined by this examination.

BALANCE SHEET
DECEMBER 31, 2004
ASSETS
Bonds (Note 1) $8,801,185
Common stock (Note 2) 4,188,166
Cash equivalents and short-term investments (Note 3) 4,036,124
Investment income due and accrued 104,122
Uncollected premiums 1,183,450
Aggregate write-ins for invested assets (Note 4) 17,346
Amounts receivable relating to uninsured plans (Note 5) 290,834
Total Assets $18,621,227
   
LIABILITIES AND SURPLUS
   
Claims unpaid (Note 6) $2,419,200
Unpaid claims adjustment expense (Note 6) 346,000
Premiums received in advance 428,585
General expense due and accrued 448,984
Amounts withheld/retained for others 384,371
Liability for uninsured accident and health plans 98,640
Total Liabilities 4,125,780
   
Unassigned funds (surplus) (Note 7) 14,495,447
Total Liabilities and Surplus $18,621,227

INCOME STATEMENT
AND
CAPITAL & SURPLUS ACCOUNT

YEAR ENDED DECEMBER 31, 2004

Income Statement

Net premium income $46,759,941
   
Underwriting deductions  
Other professional services 37,796,851
Claims adjustment expenses 2,087,809
General administrative expenses 5,223,924
Total underwriting deductions 45,108,584
   
Net underwriting gain 1,651,357
   
Net investment income earned 483,467
Net realized capital gain 96,928
Net investment gain 580,395
   
Aggregate write-ins for other expense (7,429)
   
Net income before income taxes 2,224,323
   
Provision for income taxes 0
Net Income $2,224,323
 
Capital & Surplus Account
   
Capital and surplus, at December 31, 2003 $12,167,761
   
Changes during the year  
Net income 2,224,323
Net unrealized capital gain 81,000
Change in nonadmitted assets 22,363
Net change in capital and surplus 2,327,686
   
Capital and surplus, at December 31, 2004 $14,495,447

NOTES TO FINANCIAL STATEMENTS

Note 1 - Bonds $8,801,185

  Cost Par Value Market Value Amortized or
Statement Value
U.S. Government $ 4,598,899 $ 4,559,110 $ 4,652,812 $ 4,591,721
MBS/ABS 349,118 340,269 347,975 343,478
Public Utilities 563,881 550,000 602,134 554,466
Industrial & Misc. 3,332,057 3,287,000 3,423,831 3,311,520
TOTALS $ 8,843,955 $ 8,736,379 $ 9,026,752 $ 8,801,185

The Company amortizes bonds using the straight-line method and therefore is noncompliant with SSAP #26, paragraph 6. (See Comment and Recommendation #4)

The Company has a custodial agreement with HM Payson’s for their portfolio of investments. The custodial agreement was not in compliance with thirteen of the provisions outlined in the Examiners Handbook. (See Comment and Recommendation #5)

Note 2 - Common Stocks $4,188,166
  Actual Cost Statement Value
Banks, Trusts and Insurance $ 246,688 $ 376,652
Industrial & Misc. 2,688,539 3,219,414
Mutual Fund Fixed Income 600,000 592,100
TOTALS $ 3,535,227 $ 4,188,166

In accordance with procedures prescribed by the NAIC, stocks are stated at market value.

Note 3 - Cash and Short-term Investments $4,036,124
Petty Cash $ 200
Cash in Bank 2,658,173
Total Cash 2,658,373
Short-term Investments 1,377,751
Total Cash and Short-term Investments $ 4,036,124

Investments with maturities of one year or less from the date of acquisition are classified as short-term investments. “Cash in Bank” in the main checking account is swept overnight to a sweep/repurchase investment vehicle. The Company is not complying with the provisions of Maine Statute Title 33, Chapter 41 “Uniform Unclaimed Property Act” with regard to reporting abandoned property. (See Comment and Recommendation #6)

Note 4 - Aggregate Write-in for Invested Assets $ 17,346

The $17,346 write-in represents the Company’s investment in NEDA in which the Company has a one-third ownership interest. The investment is properly reported using the equity method; however, due to unrealized losses in each of the four years under review, an adjustment for an “other than temporary impairment” should be made. (See Comment and Recommendation #7)

Note 5 – Amounts Receivable Relating to Uninsured Plans $ 290,834

The Company’s uninsured accident and health plans include both Administrative Service Only (ASO) and Administrative Service Contracts (ASC) plans; however, in the Notes to the Annual Statement, all uninsured plans are reported as ASC plans. (See Comment and Recommendation #8)

Note 6 - Claims and Claims Adjustment Expenses Unpaid $2,419,200
$346,000

The Company’s methodology for estimating and reporting claims and claims adjustment expense reserves appear reasonable in all material respects.

Note 7 – Unassigned Funds $14,495,447

The Company is required to maintain equity in the Corporation at 150% of the Health Organization’s Risk Based Capital, Company Action Level. At December 31, 2004, the Company’s unassigned funds exceeded this required level of equity.

COMMENTS AND RECOMMENDATIONS

  • Comment: As noted in the Related Party and Agreements section, the Company reported the shared expenses charged through the Marketing and Administrative agreement with DDPNH as a single line item on the Underwriting and Investment Exhibit. In accordance with SSAP #70, paragraph 7, these expenses should be allocated to the expense category as if the Company incurred the expense itself.

    Recommendation: The Company should comply with the provisions of SSAP #70, paragraph 7 in reporting expenses on the Underwriting and Expense Exhibit.

  • Comment: As noted in the Reinsurance section, the Company reported reinsurance balances payable net (premium balances payable less losses recoverable) - $1,900 as part of General Expense due or accrued. In accordance with SSAP #61, paragraph 22, the Company should have reported these reinsurance balances as a premium balance payable of $347,513 and a
    Recommendation: The Company should comply with the provisions of SSAP #61, paragraph 22 in reporting reinsurance balances.

  • Comment: As noted in the Reinsurance section, the Company has not reduced its claim reserves for the amount ceded to its reinsurers ($81,200). The Company recorded this amount as a balance due from its reinsurer. In accordance with SSAP #61, paragraph 22 - policy reserves should be reduced by the amount ceded to reinsurers.

    Recommendation: The Company should comply with the provisions of SSAP #61, paragraph 22 in reporting reinsurance balances.

  • Comment: As noted in Note 1, the Company amortizes bond premium or discount using the straight line method. In accordance with SSAP #26, paragraph 6, the Company should be amortizing bonds using the scientific method.

    Recommendation: The Company should comply with the provisions of SSAP #26, paragraph 6 and amortize the bond premium or discount using the scientific method.

  • Comment: As noted in Note 1, the custodial agreement with HM Payson was not in compliance with thirteen of the provisions outlined in the Examiners Handbook.

    Recommendation: The Company should insure that its custodial agreement is in full and complete compliance with the Examiners Handbook.

  • Comment: The Company is not complying with the Maine Statute Title 33, Chapter 41 “Uniformed Unclaimed Property Act” with regard to eight checks totaling $414.72.

    Recommendation: The Company should adopt procedures to comply with all provisions of the Maine Statute Title 33, Chapter 41 “Uniformed Unclaimed Property Act”.

  • Comment: As noted in Note 4, the Company's investment in NEDA was valued using the equity method in accordance with SSAP #48. For each of the four years ending December 31, 2004, the Company has recognized an unrealized loss. These declines in value are considered by the examiner to be other than temporary. In accordance with SSAP #48, paragraph 10 - an other than temporary impairment shall be written down to fair value as the new cost basis and the amount of the write down shall be accounted for as a realized loss.

    Recommendation: The Company should make an adjustment for an "other than temporary impairment" as required by SSAP #48, paragraph 10.

  • Comment: As noted in Note 5, the Company is reporting certain uninsured plans as Administrative Services Contract (ASC) plans in the Notes to the Annual Statement when they should be reported as Administrative Services Only (ASO) plans.

    Recommendation: The Company should disclose ASO's and ASC's separately in the Notes to the Annual Statement in accordance with SSAP #47.

CONCLUSION

The Company’s financial condition, as disclosed by this examination, is reflected in statements and supporting exhibits contained in this report. The basis of preparation of such statements conforms to laws, rules and regulations prescribed and/or permitted by the Maine Bureau of Insurance.

Acknowledgement of cooperation and assistance extended to the examiners by all Company personnel is hereby expressed.

STATE OF MAINE
COUNTY OF KENNEBEC, SS

James C. Williams, CPA, CFE, being duly sworn according to law, deposes and says that, in accordance with the authority vested in him by Alessandro A. Iuppa, Superintendent of Insurance, pursuant to the Insurance Laws of the State of Maine, he has made an examination of the conditions and affairs of

MAINE DENTAL SERVICE CORPORATION

of Saco, Maine as of December 31, 2004 and that the foregoing report of examination, subscribed to by him is true to the best of his knowledge and belief. The following examiners from the Bureau of Insurance assisted:

Graham S. Payne

Jill C. Tobey, CPA, CFE

______________________________
James C. Williams, CPA, CFE
Director of Financial Affairs and Solvency

Subscribed and sworn to before me

This _____ day of _____________, 2006

________________________________
Notary Public

My commission expires:

 

Last Updated: July 16, 2008