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HomeMy WebLinkAboutRESPONSE - RFP - 7649 DENTAL ADMINISTRATOR (19)Colorado Dental Service, Inc. Consolidated Financial Statements (With Independent Auditor’s Report Thereon) December 31, 2012 Contents Independent Auditor’s Report on the Financial Statements 1-2 Financial Statements Consolidated balance sheets 3 Consolidated statements of operations and changes in reserves 4 Consolidated statements of cash flows 5 Notes to consolidated financial statements 6-17 Independent Auditor’s Report on the Supplementary Information 18 Supplementary Information Consolidating balance sheet—December 31, 2012 19 Consolidating statement of operations and changes in reserves—year ended December 31, 2012 20 Consolidating balance sheet—December 31, 2011 21 Consolidating statement of operations and changes in reserves—year ended December 31, 2011 22 1 Independent Auditor’s Report The Board of Trustees Colorado Dental Service, Inc. Report on the Financial Statements We have audited the accompanying consolidated balance sheets of Colorado Dental Service, Inc., d/b/a Delta Dental of Colorado (the Company), as of December 31, 2012 and 2011, and the related consolidated statements of operations and changes in reserves, and cash flows for the years then ended and the related notes to the consolidated financial statements. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We did not audit the financial statements of Delta Dental of Colorado Foundation, Inc. (the Foundation), a consolidated entity controlled by the Company, which statements reflect total assets constituting 19 percent and 15 percent, respectively, of consolidated total assets at December 31, 2012 and 2011, and total revenues constituting 3 percent and 1 percent, respectively, of consolidated total revenues for the years then ended. Those statements were audited by other auditors, whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Foundation, is based solely on the report of the other auditors. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 2 Opinion In our opinion, based on our audits and the report of the other auditors, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of the Company as of December 31, 2012 and 2011, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Minneapolis, Minnesota April 30, 2013 3 Colorado Dental Service, Inc. Consolidated Balance Sheets December 31, 2012 and 2011 (In Thousands) Assets 2012 2011 Cash and Investments Cash and cash equivalents $ 10,298 $ 13,245 Marketable securities (Notes 2 and 8) 85,283 72,335 95,581 85,580 Accounts Receivable, net (less allowance for doubtful accounts of $175 and $356 at December 31, 2012 and 2011, respectively) (Note 3) 13,579 15,239 Property and Equipment, net (Note 4) 4,363 3,009 Prepaid Expenses and Other 1,023 918 Total assets $ 114,546 $ 104,746 Liabilities and Reserves Liabilities Losses: Risk plans (Note 6) $ 4,737 $ 5,185 Self-funded plans 5,659 6,536 Loss adjustment expenses 200 200 10,596 11,921 Advanced and unearned premiums 1,965 1,808 Accounts payable and accrued liabilities (Note 5) 7,677 9,974 Total liabilities 20,238 23,703 Commitments and Contingencies (Notes 5 and 7) Reserves (Notes 1 and 9) Unassigned, undesignated 70,180 64,548 Board-designated 3,314 2,510 Foundation reserves 20,814 13,985 Total reserves 94,308 81,043 Total liabilities and reserves $ 114,546 $ 104,746 See Notes to Consolidated Financial Statements. 4 Colorado Dental Service, Inc. Consolidated Statements of Operations and Changes in Reserves Years Ended December 31, 2012 and 2011 (In Thousands) 2012 2011 Revenues: Premiums: Risk plans $ 138,364 $ 129,535 Premium equivalents: Self-funded plans 136,160 125,616 Administration fees—self-funded plans 10,196 10,182 146,356 135,798 Total revenues from operations 284,720 265,333 Investment income 3,105 2,470 Net realized gains on investments 1,123 1,858 Other 213 212 Total revenues 289,161 269,873 Expenses: Losses: Risk plans (Note 6) 111,676 106,409 Self-funded plans 136,160 125,616 Loss adjustment expenses 3,814 3,897 251,650 235,922 Grants and community benefit programs 3,179 5,477 General and administrative expenses 23,746 22,176 Total expenses 278,575 263,575 Revenues over expenses 10,586 6,298 Other changes in reserves: Net change in unrealized gains on investments 2,441 (451) Net change in unrecognized net periodic benefit cost (Note 5) 238 (90) Net increase 13,265 5,757 Reserves at beginning of year 81,043 75,286 Reserves at end of year $ 94,308 $ 81,043 See Notes to Consolidated Financial Statements. 5 Colorado Dental Service, Inc. Consolidated Statements of Cash Flows Years Ended December 31, 2012 and 2011 (In Thousands) 2012 2011 Cash Flows From Operating Activities Revenues over expenses 10,586 $ 6,298 Adjustments to reconcile revenues over expenses to net cash provided by operating activities: Depreciation expense 920 1,001 Net loss on disposal of property and equipment 144 - Net amortization of bond premium and discount 51 47 Net realized gain on investments (1,123) (1,858) Net unrealized gains on trading securities (155) - Increase in unrecognized net periodic benefit cost 238 (90) Changes in operating assets and liabilities: Accounts receivable 1,660 (2,701) Prepaid expenses and other (105) (233) Liabilities for losses and loss adjustment expenses (1,325) 672 Advanced and unearned premiums 157 27 Accounts payable and accrued liabilities (2,297) 5,237 Net cash provided by operating activities 8,751 8,400 Cash Flows From Investing Activities Purchase of property and equipment (2,418) (403) Purchase of other-than-trading fixed-income securities (8,885) (2,664) Purchase of other-than-trading equity securities (6,076) (11,939) Sale of other-than-trading equity securities 810 5,540 Sales and maturities of other-than-trading fixed-income securities 7,474 6,704 Net change in trading securities (2,603) - Net cash used in investing activities (11,698) (2,762) Net increase (decrease) in cash and cash equivalents (2,947) 5,638 Cash and Cash Equivalents at Beginning of Year 13,245 7,607 Cash and Cash Equivalents at End of Year $ 10,298 $ 13,245 See Notes to Consolidated Financial Statements. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 6 Note 1. Summary of Operations and Significant Accounting Policies Operations: Colorado Dental Service, Inc., d/b/a Delta Dental of Colorado (the Company), is a Colorado licensed, tax-exempt dental service corporation offering risk and self-funded dental plans to subscribers. The Company administers the self-funded plans for a fee. The Delta Dental Plan of Colorado Foundation, Inc. (the Foundation) was established so that the Company could provide support to a 501(c)(3) charitable organization. The Foundation sponsors programs that prevent dental disease and advance the science and practice of dentistry. The Foundation is funded primarily by annual contributions from the Company. During 2012 and 2011, the Company pledged funding of $6,515,000 and $3,631,000, respectively. The Company has no ownership of the Foundation, but does have a controlling interest via majority representation on the Foundation’s Board. Accordingly, the financial position, results of operations, and cash flows of the Foundation are consolidated with those of the Company. Foundation reserves, which are shown as a separate component of reserves in the accompanying consolidated balance sheets, include a $2 million endowment designated by the Company’s Board of Trustees. In December 2010, the Company’s Board of Trustees approved the creation of the Delta Dental of Colorado Fund (the Fund), with an initial appropriation of $3,000,000. At the discretion of the Board of Trustees, the Company will use the Fund to provide oral health benefits to the community and promote oral health care throughout the state of Colorado. In 2012, the Board of Trustees appropriated an additional $3,000,000 into the Fund. During the years ended December 31, 2012 and 2011, the Company incurred $2,196,000 and $490,000, respectively, of oral health benefits and administrative expenses related to the Fund. At December 31, 2012, the remaining balance of the Fund of $3,314,000 is shown as a Board-designated component of reserves in the accompanying consolidated balance sheets. Basis of presentation: The accompanying consolidated financial statements include the accounts of the Company and of the Foundation (combined hereafter, the Company). All significant intercompany transactions and balances have been eliminated in consolidation. Recognition of risk plan premiums and self-funded revenue: Risk plan premium revenue and claims expense are recognized in the period incurred. Risk plan contracts are typically written for one- to two- year periods, and thereafter may be renewed on a yearly basis. Risk plan premiums are recognized as revenue in the period to which the coverage is applicable. Policy acquisition costs, principally commissions, are charged to operations as incurred. Additionally, self-funded revenues represent amounts for which the Company is paid a fee by certain employer groups and is reimbursed for actual claims by these groups through administrative service contracts (ASCs). Under ASCs, the Company provides access to its network of dental providers to group members, and the members receive an insurance card designating them as plan members. The Company negotiates contractual discounts with the dental providers included in the network, provides the list of services covered in product offerings, processes the claims pursuant to the terms of the employer group’s plan, and monitors the quality of the dental services provided. The Company is responsible for paying the dental provider the contracted amount and billing that amount plus its administrative service fee to the employer group on a periodic basis. The Company mitigates its credit risk under ASCs by performing credit checks of the employer groups and, in certain cases, collecting advance deposits. The Company does not assume underwriting risk under ASCs. Amounts received from the employer groups (including the administrative fee) and claims paid by the Company under ASCs are recorded on a gross basis and separately presented as a component of revenue and expenses, respectively, in the consolidated statements of operations and changes in reserves. Receivables and liabilities for claims under such contracts are also separately presented. Accounts receivable have been separately identified in Note 3, and accrued losses and loss adjustment expenses are separately presented in the consolidated balance sheets. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 7 Note 1. Summary of Operations and Significant Accounting Policies (Continued) Management recognizes that, depending on the terms of the contract, revenues derived and claims incurred under arrangements similar to ASCs may be presented by other plans on a net basis. Management has evaluated the criteria of revenue recognition and believes that gross reporting is appropriate based on the specific ASC terms, management’s consideration of the Financial Accounting Standards Board’s (FASB) codification on revenue recognition, including certain factors mentioned above, and general industry practice of other Delta Dental plans. During 2011, the Company’s Board of Trustees approved a premium credit of $3,500,000 to substantially all groups and individuals who paid fully insured risk premiums for the 2011 premium year. The Company’s consolidated financial statements include this $3,500,000 as a reduction of risk premiums and self-funded premium equivalents for 2011, and as a component of accounts payable and accrued liabilities as of December 31, 2011. Substantially all of the calculated premium credits were issued in 2012. As of December 31, 2012, an accrued liability of $120,000 remains, primarily for groups who deferred receipt of the refund until 2013. Losses and loss adjustment expenses: Liabilities for losses and loss adjustment expenses represent the estimated ultimate net cost of all reported and unreported claims incurred through December 31 and are based on historical experience. Those estimates are subject to the effects of trends in claim severity and frequency. Although considerable variability is inherent in such estimates, management believes that the liabilities for losses and loss adjustment expenses are adequate. The estimates are continually reviewed and adjusted as necessary as experience develops or new information becomes known; such adjustments are included in current operations. Cash and cash equivalents: The Company considers all highly liquid investments with an initial maturity of three months or less at the date of purchase to be cash equivalents. The Company maintains cash and cash equivalents in accounts that frequently exceed insured limits. To date, the Company has not experienced any losses on such accounts. Investments: Each of the consolidating entities has a separately managed investment portfolio. The Company has designated its investments (which consist of fixed-income securities and equity securities) held at December 31, 2012 and 2011, as other-than-trading. Accordingly, such investments are carried at fair value, with the unrealized gains and losses reported as other changes in reserves. Realized gains and losses, and declines in fair value judged to be other than temporary, are recognized as part of revenues over expenses in the consolidated statements of operations and changes in reserves. In 2011, the Company presented the Foundation investments as other than-than-trading with reporting similar to the Company’s investments. During 2012, the Company determined the Foundation investment portfolio was managed consistent with a trading portfolio and, therefore, changed the classification of the Foundation’s investments (which consist of fixed-income securities and equity securities) and reporting for the consolidated financial statements. Accordingly, such investments are carried at fair value, with the unrealized gains and losses reported as a component of investment income in the consolidating statement of operations and changes in reserves. Realized gains and losses are recognized as part of revenues over expenses in the consolidated statements of operations and changes in reserves. A description of the Company’s accounting policies for determining the fair value of investments is included in Note 8, Fair Value of Financial Instruments. The cost of investments sold is based on the specific-identification method. Interest, dividends, amortization of premiums, and accretion of discounts on investments are included in investment income. Amortization and accretion is computed using the scientific (constant yield) interest method. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 8 Note 1. Summary of Operations and Significant Accounting Policies (Continued) At December 31, 2012 and 2011, U.S. Treasury bonds with a par value of $1,500,000 were held in a custodial account owned by the Company. This account has been pledged to the Colorado Division of Insurance to satisfy regulatory requirements. The Company receives the investment income earned on the bonds. At December 31, 2012 and 2011, the bonds had a fair value of $2,316,000 and $2,344,000, respectively. Property and equipment: Property and equipment is carried at cost, less accumulated depreciation. Depreciation is computed using the straight-line method over the estimated useful lives of the assets (three to 10 years). The cost of maintenance and repairs is charged to expense as incurred. Income taxes: The Company is exempt from federal income taxes under the provisions of Section 501(c)(4) of the Internal Revenue Code. The Company adopted certain provisions of the income taxes topic of the FASB codification as of January 1, 2009. The provisions clarify the accounting for uncertainty in income taxes recognized in an organization’s financial statements and prescribe a recognition threshold and measurement standard for the financial statement recognition and measurement of an income tax position taken or expected to be taken in a tax return. The Company has reviewed its tax positions for all open tax years and has concluded that the adoption of the provisions did not have an impact on their consolidated financial statement presentation. Generally, the Company is no longer subject to federal income tax return examinations for the years prior to 2009. Other changes in reserves: Other changes in reserves for the years ended December 31, 2012 and 2011, consisted of the change in unrealized gains and losses on the Company’s other-than-trading investment portfolio and the change in the funded status of the Company’s defined benefit health plan. Use of estimates: The preparation of consolidated financial statements in conformity with accounting principles generally accepted in the United States of America (GAAP) requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the consolidated financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from the estimates. Reclassifications: Certain amounts in the prior year’s consolidated financial statements have been reclassified to conform to the current year’s presentation, with no impact on reserves or revenues over expenses. Subsequent events: The Company has evaluated subsequent events through April 30, 2013, the date these consolidated financial statements were available to be issued. Effective April 15, 2013, the Company amended their office space lease (see Note 7). Except for the lease, no additional subsequent event disclosures or adjustments were determined to be required by the Company. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 9 Note 2. Investments The following is a summary of the investments at December 31: 2012 (In Thousands) Cost/ Gross Gross Estimated Amortized Unrealized Unrealized Fair Cost Gains Losses Value Other-than-trading securities: Fixed-income securities: U.S. Treasury notes and U.S. government agency bonds $ 17,256 $ 1,660 $ (4) $ 18,912 Corporate bonds 17,941 2,299 (50) 20,190 Mortgage- and asset-backed securities 2,071 226 - 2,297 37,268 4,185 (54) 41,399 Equity securities 25,133 6,896 (25) 32,004 Total other-than-trading securities $ 62,401 $ 11,081 $ (79) 73,403 Trading securities: Fixed-income securities: U.S. Treasury notes and U.S. government agency bonds $ 101 $ 1 $ - 102 Corporate bonds 1,780 48 (19) 1,809 Mortgage- and asset-backed securities 151 3 - 154 2,032 52 (19) 2,065 Equity securities 9,693 507 (385) 9,815 Total trading securities $ 11,725 $ 559 $ (404) 11,880 Total investments $ 85,283 2011 (In Thousands) Cost/ Gross Gross Estimated Amortized Unrealized Unrealized Fair Cost Gains Losses Value Other-than-trading securities: Fixed-income securities: U.S. Treasury notes and U.S. government agency bonds $ 13,646 $ 2,327 $ - $ 15,973 Corporate bonds 21,069 2,181 (47) 23,203 Mortgage- and asset-backed securities 3,067 286 - 3,353 Total fixed-income securities 37,782 4,794 (47) 42,529 Equity securities 26,248 4,167 (609) 29,806 Total investments $ 64,030 $ 8,961 $ (656) $ 72,335 Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 10 Note 2. Investments (Continued) The amortized cost and estimated fair value of debt securities at December 31, 2012, by contractual maturity, are shown below: Amortized Fair Cost Value (In Thousands) Due in one year or less $ 6,213 $ 6,217 Due after one year through five years 12,009 12,707 Due after five years through 10 years 15,439 17,943 Due after 10 years 3,417 4,146 Mortgage-backed securities 2,222 2,451 $ 39,300 $ 43,464 Expected maturities will differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or repurchase penalties. Proceeds from the sales of investments during 2012 and 2011 were approximately $4,888,000 and $6,481,000, respectively. Gross realized gains on the sale of investments were approximately $1,123,000 and $1,858,000 for the years ended December 31, 2012 and 2011, respectively. There were no gross realized losses on the sale of investments for the years ended December 31, 2012 and 2011. As of December 31, 2012 and 2011, unrealized losses on other-than-trading securities totaled approximately $79,000 and $656,000, respectively. As of December 31 of each year, the unrealized losses were considered to be temporarily impaired in accordance with the Company’s investment policy. Because the Company has the ability and intent to hold the securities for a reasonable period of time sufficient for a forecasted recovery of fair value, the Company does not consider these investments to by other-than-temporarily impaired. No impairments were recognized in 2012 or 2011. The following tables illustrate the gross unrealized losses and fair value of other-than-trading investments with unrealized losses that are not deemed to be other than temporarily impaired, aggregated by investment type and length of time that individual securities have been in a continuous unrealized loss position at December 31, 2012 and 2011. Fair Unrealized Fair Unrealized Fair Unrealized Description of Securities Value Loss Value Loss Value Loss 2012 (in thousands): U.S. Treasury notes and U.S. government agency bonds $ 2,007 $ (4) $ - $ - $ 2,007 $ (4) Corporate bonds 500 (1) 595 (49) 1,095 (50) Equity securities 3,270 (25) - - 3,270 (25) Total $ 5,777 $ (30) $ 595 $ (49) $ 6,372 $ (79) Less Than 12 Months Greater Than 12 Months Total Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 11 Note 2. Investments (Continued) Fair Unrealized Fair Unrealized Fair Unrealized Description of Securities Value Loss Value Loss Value Loss 2011 (in thousands): Corporate bonds $ 2,105 $ (47) $ - $ - $ 2,105 $ (47) Equity securities 6,376 (609) - - 6,376 (609) Total $ 8,481 $ (656) $ - $ - $ 8,481 $ (656) Less Than 12 Months Greater Than 12 Months Total Note 3. Accounts Receivable Net accounts receivable at December 31 are summarized as follows: 2012 2011 (In Thousands) Risk plans $ 2,477 $ 3,176 Self-funded plans: Paid claims 5,443 5,439 Incurred but not reported claims 5,659 6,536 Other - 88 $ 13,579 $ 15,239 Note 4. Property and Equipment At December 31, the components of property and equipment were as follows: 2012 2011 (In Thousands) Property and equipment, at cost: Computer software and hardware $ 6,788 $ 9,733 Leasehold improvements 1,604 1,066 Furniture and fixtures 1,111 2,195 9,503 12,994 Less accumulated depreciation 5,140 9,985 Property and equipment, net $ 4,363 $ 3,009 The Company has internal-use software that was developed to support the processing of claims with its current administrative services provider. The software was initially placed in service in 2009, and the Company has subsequently added additional components. The Company has incurred approximately $3,705,000 and $3,460,000 as of December 31, 2012 and 2011, respectively, for the development of internal-use software. Depreciation expense on the internal-use software was $520,000 and $475,000 in 2012 and 2011, respectively. In 2012, the Company began work on an office space redesign project, which included an inventory of existing office equipment, computer hardware, furniture, leasehold improvements, and other property and equipment. As a result of this inventory, the Company wrote off $5,909,000 of property and equipment. These assets had a remaining book value of $144,000 at the time of disposal, which was recorded to administrative expenses in 2012. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 12 Note 5. Retirement and Management Incentive Plans The Company sponsors a defined contribution benefit plan that covers substantially all eligible employees. For 2012 and 2011, the Company’s contributions to the plan were based on 4.0 percent of an employee’s monthly compensation. For the years ended December 31, 2012 and 2011, benefit expense was approximately $336,000 and $309,000, respectively. For 2012 and 2011, the Company also matches the employee’s contribution, up to 4.0 percent of an employee’s compensation, to an employee’s savings plan. For the years ended December 31, 2012 and 2011, benefit expense under this plan was approximately $259,000 and $256,000, respectively. The Company sponsors an unfunded defined benefit health plan (the Plan) that provides postretirement dental benefits to employees who have retired from active service, have attained age 50, and have at least 20 years of service. A summary of assets and obligations of the Plan is as follows at December 31, 2012 and 2011: 2012 2011 (In Thousands) Change in benefit obligation: Benefit obligation at beginning of year $ 597 $ 473 Service cost 43 38 Interest cost 25 23 Change in assumptions (137) 82 Actuarial gain (112) (16) Benefits paid (5) (3) Benefit obligation at end of year 411 597 Plan assets - - Unfunded status of Plan at December 31 $ 411 $ 597 Items not yet reflected in net periodic benefit cost $ 622 $ 384 Net change in unrecognized net periodic benefit cost 238 (90) The unfunded status of the Plan at December 31, 2012 and 2011, is recognized in the accompanying consolidated balance sheets in accounts payable and accrued liabilities. The expense recognized by the Company for the Plan is as follows for the years ended December 31, 2012 and 2011: 2012 2011 (In Thousands) Components of net periodic benefit cost: Service cost $ 43 $ 38 Interest cost 25 23 Amortization of prior service cost recognized 15 15 Amortization of gains (32) (38) Total net periodic benefit cost $ 51 $ 38 Weighted-average assumptions as of December 31: Discount rate 3.75% 4.17% Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 13 Note 5. Retirement and Management Incentive Plans (Continued) Assumed dental cost trend rates have a significant effect on the amounts reported for the dental plan. For measurement purposes, a 4.0 percent and 6.0 percent annual rate of increase in the per capita cost of covered dental care benefits was assumed for 2012 and 2011, respectively. A one percentage point change in assumed dental cost trend rates would result in the following: One One Percentage Percentage Point Point Increase Decrease (In Thousands) Service and interest cost $ 52 $ 34 Postretirement benefit obligation 496 344 The Company has incentive bonus plans (Bonus Plans) for the benefit of its employees, including senior executives. The total amount of incentive awards to be made under the Bonus Plans for any plan year depends on performance standards established by the Board of Trustees. The Board of Trustees authorizes the total amount of bonus awards, if any, to be made to the eligible employees for any plan year. For the years ended December 31, 2012 and 2011, the Company expensed $851,000 and $557,000, respectively, in conjunction with the Bonus Plans. The Company also sponsors a long-term incentive program for the benefit of senior executives and certain members of management. The total amount of incentive awards is determined by the Company’s achievement of designated performance results over a three-year period, with the latest period ending in 2014. For the years ended December 31, 2012 and 2011, the Company expensed $265,000 and $275,000, respectively, in conjunction with the long-term executive compensation plan. Note 6. Liabilities for Losses Activity in the liabilities for losses for the Company’s risk plans for the years ended December 31 is summarized as follows: 2012 2011 (In Thousands) Liabilities for losses at beginning $ 5,185 $ 5,161 Add provision for losses occurring in: Current year 111,724 105,820 Prior years (48) 589 Net incurred losses during the current year 111,676 106,409 Paid related to: Current year 107,079 101,035 Prior years 5,045 5,350 Total paid 112,124 106,385 Liabilities for losses at end of year $ 4,737 $ 5,185 Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 14 Note 6. Liabilities for Losses (Continued) The foregoing table indicates favorable development in prior-year claims of $48,000 in 2012 compared to what was accrued at December 31, 2011. The above table indicates adverse development of $589,000 in the December 31, 2010, claim reserves, which emerged in 2011. This was due in large part to coordination of benefits requests from multiple states related to Medicaid members (see Note 7). The Company was unaware of the potential liability for these claims until late 2011. Note 7. Commitments and Contingencies The Company leases its office space. Effective April 15, 2013, the lease was amended, extending the term to October 31, 2020. The amended lease includes a change in the leased space and future rental payments, as well as providing for certain tenant improvement allowances to be paid by the landlord. The Company also pays for its prorated share of taxes, maintenance and insurance. The following is a schedule of future minimum rental payments required on the office lease after the amendment: Minimum Rental Year Ending December 31, Payments (In Thousands) 2013 $ 602 2014 573 2015 587 2016 601 2017 484 Thereafter 2,216 $ 5,063 Rent expense, including common area maintenance costs, for the years ended December 31, 2012 and 2011, was $639,000 and $585,000, respectively. In the normal course of business, the Company is a party to various claims and litigation. Management is of the opinion that the outcome of these matters will not have a material adverse effect on the financial condition of the Company. During 2011, a number of states contacted the Company requesting refunds for dental claim payments made from 2007 to 2011 for individuals enrolled in that state’s Medicaid program. Although those states had paid dental claims for the Medicaid participants, those individuals were determined to also be eligible members of the Company, either through group or individual coverage, at the time the claim was incurred. During 2012, the Company paid $1,457,000 of claims related to these Medicaid refunds, of which $1,152,000 was related to self-funded plans. Claims paid on behalf of self-funded plans were billed and collected from the plan. The Company’s liability for loss and loss adjustment expenses at December 31, 2012 and 2011, includes an estimate for unpaid Medicaid claims, including those applicable to fiscal year 2012 and prior. However, at December 31, 2012, the Company cannot reasonably estimate the amount of claims that the states may request to be reimbursed for claims incurred subsequent to December 31, 2012. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 15 Note 7. Commitments and Contingencies (Continued) Patient Protection and Affordable Care Act: The passage at the federal level of the Patient Protection and Affordable Care Act (ACA) during 2010 represents significant changes to the current U.S. health care system. The legislation is far reaching and is intended to expand access to health insurance coverage over time by increasing the eligibility thresholds for most state Medicaid programs and providing certain other individuals and small businesses with tax credits to subsidize a portion of the cost of health insurance coverage. The legislation includes a requirement that most individuals obtain health insurance coverage, beginning in 2014, and also a requirement that certain large employers offer coverage to their employees or pay a financial penalty. This health insurance coverage is required to offer or include pediatric dental benefits. The federal legislation also imposes new regulations on the health insurance industry, including, but not limited to, guaranteed coverage requirements, prohibitions on some annual and all lifetime limits on amounts paid on behalf of the Company’s members, increased restrictions on rescinding coverage, establishment of minimum medical loss ratio requirements, a requirement to cover preventive services on a first-dollar basis, the establishment of state insurance exchanges and essential benefit packages, and greater limitations on how the Company prices certain of its products. Also, the State of Colorado has passed legislation that will set up a state-based exchange called Connect for Health Colorado that will operationalize all aspects of the ACA. Some of the provisions of the ACA and the Colorado legislation (Health Care Reform) became effective in 2010, while other provisions will become effective over the next several years. These changes could impact the Company through potential disruption to the employer-based market, potential cost shifting in the health care delivery system to insurance companies, and limitations on the ability to increase premiums to meet costs. The Company will need to dedicate material resources and incur material expenses to implement and comply with Health Care Reform at both the state and federal levels, including implementing and complying with the future regulations that will provide guidance on and clarification of significant portions of the legislation. The Health Care Reform law and regulations are likely to have significant effects on the Company’s future operations, which in turn, could impact the value of its business model and results of operations. In addition, federal and state regulatory agencies may further restrict the Company’s ability to obtain new product approvals, implement changes in premium rates, or impose additional restrictions, under new or existing laws that could adversely affect the Company’s business, cash flows, financial condition and results of operations. In July 2011, the FASB issued guidance on fees to be paid to the federal government by health and dental insurers as mandated by the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act. The objective of this guidance is to address how health and dental insurers should recognize and amortize such fees. These amendments specify that the liability for the fee should be estimated and accrued in the applicable calendar year in which the fee is payable, with a corresponding deferred cost. The deferred cost is amortized to expense, using the straight-line method, over the calendar year in which it is payable, unless another method more appropriately allocates the fee. These amendments are effective for calendar years beginning after December 31, 2013, when the fee initially becomes effective. The Company is currently evaluating the impact of this guidance on its consolidated financial statements. Note 8. Fair Value of Financial Instruments The carrying amounts reported in the consolidated balance sheets for cash and cash equivalents, accounts receivable and liabilities approximate fair value because of the short-term nature of these items. These assets and liabilities are not listed in the tables below. Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 16 Note 8. Fair Value of Financial Instruments (Continued) The Company holds certain assets that are required to be measured at fair value on a recurring basis. The valuation techniques used to measure fair value under the fair value measurements and disclosures topic of the FASB codification are based on the level of judgment associated with the inputs used to measure their fair value. The definitions of the levels are as follows: Level 1: Inputs are unadjusted, quoted prices for identical assets or liabilities in active markets at the measurement date. Level 2: Inputs are other than quoted prices included in Level 1 that are observable for the asset or liability through corroboration with market data at the measurement date. Level 3: Inputs are unobservable and reflect management’s best estimate of what market participants would use in pricing the asset or liability at the measurement date. Equity securities are valued at the latest quoted sales prices or official closing prices taken from the primary market in which each security trades. Investments in mutual funds are valued at the net asset value (NAV) per share determined as of the close of the New York Stock Exchange on each valuation date. Investments in bonds are valued using the latest bid or trade prices or using valuation methodologies that consider such factors as security prices, yields, maturities, and ratings, both as furnished by independent pricing services. If pricing services are unable to provide valuations, debt securities are valued at the most recent bid quotation or evaluated price, as applicable, obtained from a broker/dealer or a widely used quotation system and are generally classified as Level 2. The following tables set forth the Company’s assets that are measured and recognized at fair value on a recurring basis as of December 31, 2012 and 2011, under the appropriate level of the fair value hierarchy. Investments are classified in their entirety based on the lowest level of input that is significant to the fair value measurement. Level 1 Level 2 Level 3 Total Fixed-income securities: U.S. Treasury notes and government agency bonds $ - $ 19,014 $ - $ 19,014 Corporate bonds: Domestic - 19,364 - 19,364 International - 2,635 - 2,635 Mortgage- and asset-backed securities - 2,451 - 2,451 Total fixed-income securities - 43,464 - 43,464 Equity securities: Domestic 30,973 - - 30,973 International 10,846 - - 10,846 Total equity securities 41,819 - - 41,819 Total assets $ 41,819 $ 43,464 $ - $ 85,283 2012 (In Thousands) Colorado Dental Service, Inc. Notes to Consolidated Financial Statements 17 Note 8. Fair Value of Financial Instruments (Continued) Level 1 Level 2 Level 3 Total Fixed-income securities: U.S. Treasury notes and government agency bonds $ - $ 15,973 $ - $ 15,973 Corporate bonds: Domestic - 23,147 - 23,147 International - 56 - 56 Mortgage- and asset-backed securities - 3,353 - 3,353 Total fixed-income securities - 42,529 - 42,529 Equity securities: Domestic 23,840 - - 23,840 International 5,966 - - 5,966 Total equity securities 29,806 - - 29,806 Total assets $ 29,806 $ 42,529 $ - $ 72,335 2011 (In Thousands) Note 9. Surplus Reserves and Statutory Insurance Accounting Practices There are differences in accounting practices for financial statements presented in accordance with generally accepted accounting principles (GAAP) and those presented on the statutory basis. At December 31, 2012 and 2011, these differences resulted in the Company’s surplus for statutory purposes being $28,181,000 and $20,090,000, respectively, less than the reserve balance on a GAAP basis. The differences are due to the carrying values of investments and to certain assets, including certain equipment and intangible assets, investments in excess of prescribed limitations, and prepaid expenses, not being admitted as an asset for statutory purposes. The Company is subject to risk-based capital (RBC) requirements promulgated by the National Association of Insurance Commissioners (NAIC). The RBC standards establish uniform minimum capital requirements for insurance companies. The RBC formula applies various weighting factors to financial balances or various levels of activities based on the perceived degree of risk. At December 31, 2012, the Company’s reserves and unassigned funds exceeded the minimum amounts required of all RBC action levels. 18 Independent Auditor’s Report on the Supplementary Information To the Board of Trustees Colorado Dental Service, Inc. We have audited the consolidated financial statements of Colorado Dental Service, Inc., d/b/a Delta Dental of Colorado (the Company), as of and for the years ended December 31, 2012 and 2011, and have issued our report thereon, dated April 30, 2013, which contained an unmodified opinion on those consolidated financial statements. We did not audit the financial statements of Delta Dental of Colorado Foundation, Inc. (the Foundation), a consolidated entity controlled by the Company. Those statements were audited by other auditors, whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Foundation, is based solely on the report of the other auditors. Our audits were conducted for the purpose of forming an opinion on the consolidated financial statements as a whole. The consolidating information is presented for purposes of additional analysis rather than to present the balance sheets and results of operations of the individual companies and is not a required part of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the consolidated financial statements. The consolidating information has been subjected to the auditing procedures applied in the audits of the consolidated financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the consolidated financial statements, or to the consolidated financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the consolidated financial statements as a whole. Minneapolis, Minnesota April 30, 2013 19 Colorado Dental Service, Inc. Consolidating Balance Sheet December 31, 2012 (In Thousands) Assets Company Foundation Eliminations Consolidated Cash and Investments Cash and cash equivalents $ 7,082 $ 3,216 $ - $ 10,298 Marketable securities 73,403 11,880 - 85,283 80,485 15,096 - 95,581 Accounts Receivable, net 13,673 6,515 (6,609) 13,579 Property and Equipment, net 4,363 - - 4,363 Prepaid Expenses and Other 903 120 - 1,023 Total assets $ 99,424 $ 21,731 $ (6,609) $ 114,546 Liabilities and Reserves Liabilities Losses: Risk plans $ 4,737 $ - $ - $ 4,737 Self-funded plans 5,659 - - 5,659 Loss adjustment expenses 200 - - 200 10,596 - - 10,596 Advanced and unearned premiums 1,965 - - 1,965 Accounts payable and accrued liabilities 13,369 917 (6,609) 7,677 Total liabilities 25,930 917 (6,609) 20,238 Reserves Unassigned, undesignated 70,180 - - 70,180 Board-designated 3,314 - - 3,314 Foundation reserves - 20,814 - 20,814 Total reserves 73,494 20,814 - 94,308 Total liabilities and reserves $ 99,424 $ 21,731 $ (6,609) $ 114,546 20 Colorado Dental Service, Inc. Consolidating Statement of Operations and Changes in Reserves Year Ended December 31, 2012 (In Thousands) Company Foundation Eliminations Consolidated Revenues: Premiums: Risk plans $ 138,364 $ - $ - $ 138,364 Premium equivalents: Self-funded plans 136,160 - - 136,160 Administration fees—self-funded plans 10,196 - - 10,196 Total revenues from operations 284,720 - - 284,720 Investment income 2,268 837 - 3,105 Net realized gain on investments 875 248 - 1,123 Other 189 6,539 (6,515) 213 Total revenues 288,052 7,624 (6,515) 289,161 Expenses: Losses: Risk plans 111,676 - - 111,676 Self-funded plans 136,160 - - 136,160 Loss adjustment expenses 3,814 - - 3,814 251,650 - - 251,650 Grants and community benefit programs 9,155 539 (6,515) 3,179 General and administrative expenses 23,490 256 - 23,746 Total expenses 284,295 795 (6,515) 278,575 Revenues over expenses 3,757 6,829 - 10,586 Other changes in reserves: Net change in unrealized gains on other-than-trading securities 2,441 - - 2,441 Net change in unrecognized net benefit cost 238 - - 238 Net gain 6,436 6,829 - 13,265 Reserves at beginning of year 67,058 13,985 - 81,043 Reserves at end of year $ 73,494 $ 20,814 $ - $ 94,308 21 Colorado Dental Service, Inc. Consolidating Balance Sheet December 31, 2011 (In Thousands) Assets Company Foundation Eliminations Consolidated Cash and Investments Cash and cash equivalents $ 10,546 $ 2,699 $ - $ 13,245 Marketable securities 63,388 8,947 - 72,335 73,934 11,646 - 85,580 Accounts Receivable, net 15,294 3,631 (3,686) 15,239 Property and Equipment, net 3,009 - - 3,009 Prepaid Expenses and Other 916 2 - 918 Total assets $ 93,153 $ 15,279 $ (3,686) $ 104,746 Liabilities and Reserves Liabilities Losses: Risk plans $ 5,185 $ - $ - $ 5,185 Self-funded plans 6,536 - - 6,536 Loss adjustment expenses 200 - - 200 11,921 - - 11,921 Advanced and unearned premiums 1,808 - - 1,808 Accounts payable and accrued liabilities 12,366 1,294 (3,686) 9,974 Total liabilities 26,095 1,294 (3,686) 23,703 Reserves Unassigned, undesignated 64,548 - - 64,548 Board-designated 2,510 - - 2,510 Foundation reserves - 13,985 - 13,985 Total reserves 67,058 13,985 - 81,043 Total liabilities and reserves $ 93,153 $ 15,279 $ (3,686) $ 104,746 22 Colorado Dental Service, Inc. Consolidating Statement of Operations and Changes in Reserves Year Ended December 31, 2011 (In Thousands) Company Foundation Eliminations Consolidated Revenues: Premiums: Risk plans $ 129,535 $ - $ - $ 129,535 Premium equivalents: Self-funded plans 125,616 - - 125,616 Administration fees—self-funded plans 10,182 - - 10,182 Total revenues from operations 265,333 - - 265,333 Investment income 2,238 232 - 2,470 Net realized gain on investments 945 913 - 1,858 Other 199 3,644 (3,631) 212 Total revenues 268,715 4,789 (3,631) 269,873 Expenses: Losses: Risk plans 106,409 - - 106,409 Self-funded plans 125,616 - - 125,616 Loss adjustment expenses 3,897 - - 3,897 235,922 - - 235,922 Grants and community benefit programs 6,257 2,851 (3,631) 5,477 General and administrative expenses 22,123 53 - 22,176 Total expenses 264,302 2,904 (3,631) 263,575 Revenues over expenses 4,413 1,885 - 6,298 Other changes in reserves: Net change in unrealized gains on investments 735 (1,186) - (451) Net change in unrecognized net benefit cost (90) - - (90) Net gain 5,058 699 - 5,757 Reserves at beginning of year 62,000 13,286 - 75,286 Reserves at end of year $ 67,058 $ 13,985 $ - $ 81,043