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Health reform won't stop refusals to cover treatments, advocates warn

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With health reform reaching the beachhead, painfully, and perhaps having a chance of passing at long last, nobody likes having to think about what didn't go right. But the truth is, not only is the current legislative fore-runner proposals imperfect, it leaves a barn-door-sized hole open in relationships between health plans and beneficiaries.

While health reform legislation may force insurers to issue policies to all, rather than screen for costly conditions, nothing in the current bills pending on Capitol Hill will give patients any significant new power to block denials of treatments. In fact, observers say, with insurers forced to take all comers and compete more strictly on price, they may be under new pressure to deny treatments as a means of keeping costs down.

While health plans may be more likely to deny coverage for care, patients still have no right to sue for damages over health benefit decisions as the law currently stands. For example, when a California couple sued Cigna when their daughter died after being refused coverage for a liver transplant, a federal judge threw the case out. That judge cited a 1987 Supreme Court decision involving the ERISA statute, which held that ERISA doesn't allow suits for such damages if the coverage comes from an employer.

At present, the healthcare bills pending in both houses of Congress leave this issue alone, and it doesn't seem likely such language will make it into this year's legislation. It remains to be seen whether the ERISA exception is seen as a hole to be plugged once the main body of reform is passed.

To learn more about this issue:
- read this Los Angeles Times piece

Related Articles:
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CMS investigates Humana letter to beneficiaries on health reform

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Comments (2) | Post a comment

Comments

Are you just stupid or is it something else

CIGNA should not be sued.

they refused to pay.

they did not deny care. they denied payment.

it was the hospital, physicans, surgeons etc...that refused to do the service until they were paid...and paid a lot of money. in the tune of at least 450,000-1,000,000.

and you are angry at the insurance company?

did you know UCLA has funds to take care of this kind of thing even if the insurance company does not want to pay?

INSURANCE COMPANIES DENY PAYMENT, THEY DO NOT TAKE AWAY YOUR RIGHT OR ACCESS TO HAVE ANY SERVICES DONE.

that is why ERISA is around and needs to be around. if it is removed so will employee based healthcare...kiss all insurance good bye.

BTW this was a self funded account, cigna just administers the claims and gets a per claim fee. they do not make money on denials. they actually make less money on denials because they have to handle the same claim multiple times but are only paid for the first submission.

learn about insurance before you bitch next time

TO the prior commenter: ERISA barred a suit for denial of payment. No claim is allowed even if the denial is totally wrongful. Importantly, given the cost of care the denial of payment may be a direct cause of the failure to get care. The doctors and hospitals don't act wrongfully when they will not treat without getting paid. It is the insurance company that was the bad actor. Therefore it is fair to be angry at the insurer and angry at use of a law designed to protect employees to deny rights to employees. It is a bit disingenuous to say that insurers don't take away your right of access when access costs so much and you depend on insurers to pay for that access.

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