Healthnet of CA - Advice Needed

pipedream

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My brother, John, who is self-employed, 58, single and lives in California was on a several month long RV camping trip hundreds of miles away from his home when he was diagnosed with bladder cancer this past February. All of his family (parents, siblings) are on the east coast and we urged him to come east so that we could provide support and care for him through the required treatment.

Pondering that possibility, he called his health insurance company, Healthnet (CA) to determine what the consequences of obtaining treatment in Pennsylvania would be. He was told that the only difference in coverage would be that instead of having an annual $3,500 deductible requirement and co-pays, his deductible for out-of-network treatment would be $5,000. He thought being near family was worth the extra $1,500 OOP and we (his family) agreed.

He has been a Healthnet subscriber paying premiums to them for about 10 years and in that time never had a claim that exceeded his deductible.

Consequently, based on his numerous inquiries to Healthnet, John did come to PA, had consultations with doctors from UPMC (U of Pitt Medical Center); two surgeries, six BCG chemotherapy treatments over the course of 5 months. UPMC was also in contact with Healthnet, verified to their satisfaction, based on the information that Healthnet of CA gave them that John was covered for the procedures and care they were about to provide. UPMC proceeded to collect the necessary co-pays for each admission to the hospital and the office visits, etc...

Once the bills began to come in, Healthnet denied the claims stating that John's treatment for this obviously covered condition was only $1,000 day for inpatient care and there were only two inpatient hospital days. John has received bills for over $65,000 so far and more are coming. John appealed the denial. He received the final denials (from Healthnet) of his claims this week. He has appealed to the insurance commission in CA. UPMC has begun collection efforts even though they agree that Healthnet gave both John and them assurances he was covered.

Buried in the 70 page insurance policy....some 23 pages after the statement that out-of-network care requires a larger maximum annual OOP, is a small clause stating that out-of-network treatment coverage is limited to $1,000/day for in-patient care. Due to the fact that surgery for bladder cancer is scheduled as an out-patient procedure and John required only one day beyond the out-patient
surgery day, Healthnet has paid only $750 on one claim so far.

Faced with the denials, John returned to CA, and recently learned that the chemo treatment was not successful. He has to have his bladder removed. He is receiving treatment in-network now and will have the surgery to remove his bladder and make a new one on October 11th. Healthnet is covering this additional treatment.

My question is this: Is this not a case of bad faith on the part of Healthnet? How could anyone diagnosed with cancer while hundreds of miles from home, without the 70 page copy of their health insurance policy in hand determine their coverage other than calling their insurance company? How could he have possibly known that what the Healthnet representatives told him and UPMC was untrue? Could it be that Healthnet deliberately gives their customers erroneous assurances of coverage to mislead them so that Healthnet can deny coverage in what they would otherwise have to pay?

John has requested the recordings of his conversations with Healthnet and has received nothing. He suspects they have been destroyed or are being withheld because they prove that what he is saying is correct.

I know that Healthnet lost a huge lawsuit recently due to rescinding policies unfairly. This situation seems at least as egregious. John's treatment would absolutely be covered had he been in network. And there would have been no $1,000/day limit. Ironically, the care received in PA was less expensive than the same care John would have recieved in CA.

Are any agents here familiar with Healthnet of CA and/or have experience with similar cases (and willing to share it)? Any advice of how to proceed? John is sick, weakened by his condition and now emotionally battered by this experience with Healthnet. He is currently pretty well beaten down to a nub. I know that he doesn't have the strength at this point to institute a lawsuit....but I sure think that he has grounds for one. How can the people running that company sleep at night?
 
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Most of the folks you talk to in customer no service at the carriers don't have a clue what they are talking about. It is up to the policyholder to read and understand what they have and don't have with regard to coverage.

Out of network penalties can be quite severe (as you have noted). In addition, you are dealing with non-par providers who are not bound by negotiated rates and can charge anything they wish.

All that said, hopefully the guy from HN who responded will be able to assist.
 
See this link as well as some of the references at the bottom of that web page:

Health Net Slammed With $9M Bad Faith Judgment

I would recommend that you gather every shred of paper you have... each bill, each letter (as well as form letters) and make a copy and put them in chronological order... oldest first.

Write a narrative or summary about the issue, similar to what you did here but in far more detail... with dates, names, places, etc. Perhaps write is like a press-release.

With a post-it note annotate anything important and stick it on the paper you got from HN (they make very small post-its.) Don't write on the documents or bills themselves.

Get a scanner (or go to Kinkos) and scan all of this stuff to one big PDF file and burn it to CDs for safe keeping and distribution.

Get yourself 2 presentation binders (or photo binder) that allows you to slip all the paper you scanned into plastic sheets. Keep one to show, give the other binder (and CD) to someone you trust and don't ever tell who... no one. (Would a carrier hire some "nice guys" to break into your home and try to obtain all the "evidence." Does a duck quack?)

Find a lawyer who has sued HN or an health ins. company before (link above might help.) If local, show the binder. If not, send them the CD. Ask if they will take case on contingency.

If you can't find a lawyer, take the binder or send the CD or PDF to several large newspapers and TV stations that do investigative reporting. Start local first and build out if you can't find anyone interested in the story. (You can always call the editor or producer and ask whom to send your story to.)

If what you say is true and you can support it, not only will you be on 60 Minutes in a few weeks, you might get an invitation to testify before Congress... or maybe appear with the President.

I noticed that a representative from HN is on the board and offered to review the case. That's fine. But you need to do all the above anyway and find a lawyer (law firm) that has experience in this. Otherwise, go to the media.

Oh, and try to get power of attorney from your brother if you have not already done so.

Keep us informed. I think most agents on this board will (always) side with the carrier because... that's their bread and butter. Most here don't see "people" they see "dollars." I'm not one of them and there are a few others here like me as well. If you need advice feel free to contact me.

Al
InsuranceSolutions123 Agency
 
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Thanks for your responses.

Once John was aware there was going to be a problem he documented every conversation with Healthnet and has retained all paperwork. And he went back through phone records to determine dates and times he talked with Healthnet starting with his diagnosis in February. He has compiled a very good chronology which was submitted in his complaint to the insurance commission. He continues to document everything.

It just blows my mind that this has happened. There is no one more careful about making sure he understands "the fine print" than my brother John. There is no way he misunderstood what he was told. I had numerous contemporaneous conversations with him when he was making the decision to come to PA for treatment. John sought reassurance from Healthnet on more than one occasion and it was clear that the only repercussion to going out of network was the additional $1,500 deductible.

Cleveland Clinic is only about an hour further than UPMC from his home base in PA and it is in Healthnet's network....He could have gone there had he been accurately informed of the consequences of going out of network.

Does anyone really believe UPMC would have provided the services they did if Healthnet told them John would not be covered? The billing people at UPMC are professionals who do this all day every day. It's their job to determine coverage. If they couldn't accurately determine coverage in their numerous contacts with Healthnet, how is a sick subscriber far from home supposed to do so?

I also plan to contact hn_bradkieffer

Thanks again for taking the time to respond to my post and for your assistance. I'll keep you informed as to status.
 
There is no way he misunderstood what he was told.

What he was told, doesn't matter. CSR's don't know much of anything and aren't paid to know anything.

This is not just HN, but any carrier.

All that really matters is what is in the policy.

The billing people at UPMC are professionals who do this all day every day. It's their job to determine coverage.

They verify coverage, not benefit levels.

There is problem #2.

You simply cannot rely on anything an hourly clerk tells you.
 
Oh, great...sounds like Health Insurance companies have provided themselves with a bullet proof defense by hiring "no-nothing hourly employees" to answer questions from subscribers and providers. They count on subscribers naively believing they can call the company and get answers they can act upon with confidence. (Yuk,yuk...what a schmuck...)

So when posing the question, i.e., "Hi, I'm hundreds of miles from home and I have just been diagnosed with cancer. I don't have a copy of my policy with me, please help me determine
my options for treatment,etc...." - a person should just know intuitively that what the employee of the health insurance company says is completely untrustworthy and to be disregarded?

The problem is that no one knows these things until it is too late. A generally healthy person paying premiums year after year is unaware that there lies within his policy a complex, labryinthian maze complete with loopholes buried in the fine print 23 pages from the main benefits page which would be difficult to navigate under ideal circumstances. And impossible to navigate when in shock due to a devastating diagnosis and in horrible, debilitating pain from what my brother has described as "unspeakable medical procedures".
(It took a very long time after the policy was requested to receive a copy so even if he wanted to read the policy in full, it was impossible to do so for several months.)

On a more positive note, I heard back from Brad Keiffer after emailing him. I provided identifying information so he can look into my brother's situation.

I also learned today that the collection agency has agreed to take weekly payments of $200 for six months before taking more drastic measures to collect the medical bills that Health Net is refusing to pay. That gives John a little breathing room before he has to worry about losing his home. He can go into surgery Oct 11th to have his bladder removed and reconstructed knowing he will have a home to return to...if only temporarily.
 
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