NycEve
Do You Have a Blue Cross Scorched Earth Policy?
If members of Congress and the United States Senate faced the same indignities that you and I confront dealing with our collapsed healthcare system, I’ll go out on a limb and suggest that change would be in the wind.
So as you read about these atrocities inflicted against American citizens ask yourself:
How many members of Congress or the United States Senate have their insurance coverage pulled when they file a claim?
When was the last time you opened your local newspaper to read that your state representative was about to lose her home because of medical bills?
Then ask yourself, where would be, who could we turn to for help, if the legal system were turned on its head as some advocate?
For some time I have been following the corrupt business practices of Blue Cross of California and writing about what I discover on Daily Kos.
The sordid Blue Cross history involves a retroactive review department which is tasked with terminating the health insurance coverage of certain enrollees who become ill and file claims.
Recently the Los Angeles Times reported that among California insurers, Blue Cross of California spends the lowest percentage of its revenue on patients and patient care.
This public admission from a Blue Cross spokeperson tells the whole sordid story:
Blue Cross of California spent less on medical care last year, as a percentage of its patient revenue, than any other large health plan in California, a physician group said Monday.…”We provide policies and plans that are efficient, customer focused, meet public demand and are reflected in our membership numbers,” spokesman Robert Alaniz said.”
…The association’s leaders criticized Blue Cross’ relatively low level of healthcare spending — known among insurers as their “medical loss ratio” — saying patients would be better served if profit was capped, as overhead expenses are now.
…”From the perspective of Wall Street, a lower medical loss ratio is great,” association Chief Executive Jack Lewin said. “But, from the vantage point of a patient or a doctor or hospital, we look at it as a travesty. We believe more money should be spent on healthcare.”
http://www.latimes.com/business/la-fi-insure15aug15,1,905988.story
Why am I writing about insurance company atrocities on Tort Deform?
Here’s why. The Blue Cross rampage is continuing. All that stands between this predatory company and some deeply aggrieved citizens whose only mistake was to get sick and file a claim, are a few heroic and civic minded lawyers.
Insurance companies know that insurance regulation is very weak.
Insurance companies know there is no federal regulation.
The industry took care of that 60 years ago when it pushed through Congress the McCarran-Ferguson Act, which outlawed federal regulation of insurance.
State regulation of insurance ranges from bad to worse.
The only viable deterrence to wrongdoing of any kind are a handful of lawyers who specialize in suing insurance companies for bad faith insurance.
Bad faith insurance is where an insurance company willfully denies legitimate claims. This appears to be the Blue Cross business model.
Unfortunately, the Blue Cross outrages are multiplying like a California wildfire. Blue Cross is on a coverage pulling spree.
They are not in business to protect you when you become ill. They are in business to provide profits to Wall Street and a revenue stream to shareholders.
Here's what the Los Angeles Times reported a few days ago about the newest wave of assaults.
When Steve and Leslie Shaeffer's daughter, Selah, was diagnosed at age 4 with a potentially fatal tumor in her jaw, they figured their health insurance would cover the bulk of her treatment costs./www.latimes.com/...Instead, almost two years later, the Murrieta, Calif., couple face more than $60,000 in medical bills and fear the loss of their dream home. They struggle to stave off creditors as they try to figure out how Selah can keep seeing the physician they credit with saving her life.
. . .Shortly after Selah's medical bills hit $20,000, Blue Cross stopped covering them and eventually canceled her coverage retroactively, refusing to pay for treatment, including surgery the insurer had authorized in advance.
The company accused the Shaeffers of failing to disclose in their coverage application an undiagnosed bump on Selah's chin and physician visits for croup. Had that been disclosed, the company said in a letter, it would not have insured Selah.
Shortly after Selah's medical bills hit $20,000, Blue Cross stopped covering them and eventually canceled her coverage retroactively, refusing to pay for treatment, including surgery the insurer had authorized in advance.
The company accused the Shaeffers of failing to disclose in their coverage application an undiagnosed bump on Selah's chin and physician visits for croup. Had that been disclosed, the company said in a letter, it would not have insured Selah.
Thank God that good, yes, there are decent public-minded lawyers, who are stepping in to sue Blue Cross into submission.
Cancellations such as Selah's are fueling a new backlash against health plans. In a series of recent lawsuits, policyholders say they were illegally terminated, causing substantial financial hardship and jeopardizing their healthcare. State regulators are investigating and said they were preparing to take action against Blue Cross.
The people being cancelled hold individual plans.
Last week the Commonwealth Fund reported that an alarming 89% of our fellow citizens who attempt to secure individual insurance are unable to obtain coverage either because of the prohibitive cost or due to the notorious pre-existing medical condition.
The suits accuse health plans of dumping sick policyholders without evidence that the consumers intentionally omitted information about their medical condition or history. They also accuse insurers of using applications that are vague and confusing by design, trapping consumers into making mistakes that can be used to cancel their coverage later.The complaints involve individual policies -- the type of coverage sold to people who work for themselves or for employers who don't offer health benefits. Unlike many work-based plans, which are open to qualified employees regardless of health, insurers in California and many other states can reject applicants for individual policies based on their conditions or health histories. After an applicant is accepted, a state law prohibits health plans from canceling unless the policyholder lied to obtain coverage.
Aside from appealing to the company that dumped them, subscribers' only recourse is to complain to state regulators or sue. After an insurer yanks coverage, it can be difficult, if not impossible, to get a policy from another carrier.
More than 2 million California residents buy their own health policies, which some see as an increasingly important form of coverage because many employers have dropped the benefit as costs have gone up. Insurers, in a push for healthier and wealthier subscribers, view individual policies as a growth opportunity.
I read these stories and say, there but for the grace of God go I. I am self-employed. I had individual insurance that was pulled. I'm one of the lucky ones, I was able to secure new insurance--but it wasn't easy!
What this is all about is outrage heaped on outrage, heaped on outrage. Sounds very familiar to most of us, doesn't it? Pay your premiums, file a claim, then get cancelled.
The way Steve and Leslie Shaeffer saw it, their $498 monthly premium was the price of peace of mind. The self-employed tile installer and stay-at-home mother wanted to make sure that they and their two children got whatever care they needed and that the bills would never bury them.Two years ago, they bought a family health policy from a Blue Cross affiliate, BC Life & Health. Only a couple of months later, Selah's diagnosis -- aggressive fibromatosis, an extremely rare and fast-growing tumor -- put that policy to the test.
Initially, Blue Cross paid for her care. But when the bills surpassed $20,000, it stopped. Then, after collecting the Shaeffers' premiums for most of a year, Blue Cross canceled Selah, saying her parents left key information out of their application for coverage.
The Shaeffers say that's not so. When Leslie filled out the application, the couple said, Selah was a healthy girl who hadn't seen a doctor in months. After submitting the document, Leslie said, she noticed a bump on Selah's chin, but doctors told her they didn't think it was serious.
If you file a claim, you run the risk of being investigated then cancelled. This makes perfect sense. Blue Cross needs to maintain a low, Wall Street friendly medical-loss ratio.
The name of the game for the for-profit insurance industry, is Wall Street and low medical-loss ratios. The more revenue they spend on your health, the higher the medical-loss ratio.
Health plans say such cancellations are necessary to guard against people lying on applications. The companies rely on the information contained in that document to determine who gets coverage and at what price."The reason there is a rescission policy is to prevent fraud," said Chris Ohman, chief executive of the California Assn. of Health Plans.
But according to the depositions of Blue Cross and Blue Shield employees, fraud has little to do with it.
A review of depositions and company documents produced for the lawsuits shows that the health plans routinely scrutinize medical records, back 10 years or more, when subscribers submit claims for certain conditions within two years of signing up for coverage.
If the health plans find information in the records that was absent from the application, they cancel, often without finding out whether the discrepancy was an intentional lie or an honest mistake, according to the depositions.
Some consumer lawyers say that violates state law, which forbids companies from canceling coverage unless a policyholder was intentionally misleading.
Here's the money quote.
Consumer advocates said the practice makes a mockery of the purpose of health coverage."You think you have insurance, and then, after you get the treatment, you find out you really don't have insurance after all," said Claremont lawyer William Shernoff, who represents former policyholders in several lawsuits against Blue Cross and Blue Shield.
. . .Irvine lawyer Robert Scott, who represents the Shaeffers and several others in suits against Blue Cross and Blue Shield, said the current practice was a misguided effort to hold down costs.
"It's all about the money," he said.
To make matters worse, Mr. Bush, the insurance industry and its lobbyists, are engaged is a skillful manipulation of the facts. Their goal is to convince the American people that the reason health care costs are skyrocketing is because of those damn "trial lawyers" and the frivolous lawsuits they file.
More lies and deceit from the same folks who brought us Medicare D.
Posted at 7:45 PM, Sep 18, 2006 in Civil Justice | Health Insurance | Permalink | Comments (8) | TrackBack (2)








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» The Outrageous Conduct Of Health Insurance Carriers from Tampa Bay Personal Injury Lawyer
Blue Cross of California provides the latest evidence that trial lawyers serve as a valuable line of protection for the average citizen faced with insurance company misconduct. Tort Deform has the story - here are some excerpts: [Read More]
Tracked on September 19, 2006 03:20 AM
» The Outrageous Conduct Of Health Insurance Carriers from Tampa Bay Personal Injury Lawyer
Blue Cross of California provides the latest evidence that trial lawyers serve as a valuable line of protection for the average citizen faced with insurance company misconduct. Tort Deform has the story - here are some excerpts: [Read More]
Tracked on September 19, 2006 03:21 AM